As promised, I am going to give you the definition of nuisance. Often, we heard people called another a nuisance. Nuisances are divided into private nuisance and public nuisance. A judicially approved definition of private nuisance is ‘an unlawful interference with a person’s use or enjoyment of land, or some right over, or in connection with it’. Examples of the types of interference that can amount to a nuisance includes physical damage to the plaintiff’s land or property on it (by flooding, vibration, collapse of neighboring buildings) and interference with the plaintiff’s comfort or convenience (through smells, dust, vibration, noise and even harassment from persistent unwanted telephone calls). To sue, of course many other factors such as abnormal sensitivity, duration of the interference, public benefit, malice, locality, nature condition of the land (if land is in issue) are to be considered and determined. For private nuisance, in theory, only the owner or occupier with an interest in the land affected can maintain an action.
Public nuisance has been defined as “an act not warranted by law or an omission to discharge a legal duty, which act or omission obstructs or causes damage or inconvenience to the public in the exercise of rights common to all Her Majesty’s subjects”( Stephen, Digest of the Criminal Law, 1883). It is more commonly known as “public rights”. Examples of the types of public nuisance are pollution, obstruction of the highway, dangers to the highway (dangers on the highway and dangers arising from premises adjoining the highway) and others.
Just by looking at the above, I am sure as a Malaysian, you would have think that the Malaysia government is not enforcing any law with regards to nuisance. The law does exist, but I think we, the Malaysian does not realize what sort of rights we have and even the authority does not know who breaks the law at most time.
The saddest thing for Malaysian and Malaysia Government is that we failed to input awareness of law and rights to the public. Therefore, we failed to control corruption, enforcing the law because we didn’t even know our duty to the others and public in general.
It is very sad to realize that Malaysia is putting a lot of efforts in dealing with immigration problems, i.e. illegal immigrant, refugee, asylum seeker, and others but we failed to educate our own citizen with the knowledge of their rights and law.
Public nuisance has been defined as “an act not warranted by law or an omission to discharge a legal duty, which act or omission obstructs or causes damage or inconvenience to the public in the exercise of rights common to all Her Majesty’s subjects”( Stephen, Digest of the Criminal Law, 1883). It is more commonly known as “public rights”. Examples of the types of public nuisance are pollution, obstruction of the highway, dangers to the highway (dangers on the highway and dangers arising from premises adjoining the highway) and others.
Just by looking at the above, I am sure as a Malaysian, you would have think that the Malaysia government is not enforcing any law with regards to nuisance. The law does exist, but I think we, the Malaysian does not realize what sort of rights we have and even the authority does not know who breaks the law at most time.
The saddest thing for Malaysian and Malaysia Government is that we failed to input awareness of law and rights to the public. Therefore, we failed to control corruption, enforcing the law because we didn’t even know our duty to the others and public in general.
It is very sad to realize that Malaysia is putting a lot of efforts in dealing with immigration problems, i.e. illegal immigrant, refugee, asylum seeker, and others but we failed to educate our own citizen with the knowledge of their rights and law.
- disappointed -
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