What is this?

The Malaysia legal system has 2 jurisdiction, one is the High Court of Malaya and High Court of Sabah & Sarawak. I came back to Sabah from Malaya a year ago and since then, I noticed a few differences between the 2 Courts. The Malaya obviously practising a more strict and yet 'accurate' practises whereas in Sabah, everything is NOT accordance to the Rules.

The first thing I encountered was when my dad and I attended my Call day. We were suprised to see everyone was taking pictures INSIDE the court room. That was because it is a RULES that no pictures should be taken INSIDE any court room. This rule, not only applicable in Malaya, but also in England. Even though my dad does not know much about the legal profession, but he does know that no one should take picture INSIDE the court room. He was shock and told me that, law practises in Sabah is too loose.

Well, 2 days ago, I attended court matter. It's a hearing by a Senior Assistant Registrar. I can not believe that during the hearing, his phone rang and he picked up and while taking on phone, he asked the person on the otherside to wait and just told me, OIT (Order in Terms). Of course I am glad that my application is granted, but I am just not very happy about the way he conducted hearing. I thought court is somewhere we need to pay respect to. But what he had done, it just shown me this court doesn't even know what the function of court is.

Today at about 4:50pm, while I was on my way home, my clerk called me saying that the court clerk called me to ask me to file in an ORDER. It sounds so funny but yet, it made me angry. The court clerk (HE) made it as me forgetting about the ORDER. I didn't file in any ORDER because there is a RULES in the RULES OF HIGH COURT 1980 stating that the application that I was granted was exempted from filing an ORDER. What HE knows is that, EVERY OTHER LAWYERS filed the ORDER. I understand that because one my senior would have done the same too, but it is NOT NECESSARY. The court in Malaya would know this well. Either you file it or not, they are not going to questions because some would prefer to file it, some don't and it is not a MUST like any other application or order or judgement. That shows how incompetent court clerks in Sabah are. I just couldn't believe that every court clerks in Sabah are only doing what they used to do. They do not know the RULES or the LAW like those who are in Malaya. In Malaya, even the court clerks teached me a lot of things. They know more that what a fresh lawyer knows. Being close to them really means BENEFITS.

I am so disappointed today about the function of the court in Sabah. I might be able to accept it if I am dealing with High Court in Tawau, but this is the High Court in Kota Kinabalu, the capital of Sabah. I am just feeling so disappointed and hopeless. I really wish to address this to the Cheif Judge one day and that he can make some improvement on this.

Over the months, you heard and read in the newspaper that lawyers are delaying the cases, etc. I am telling you, I am certain, in Sabah, it is not the lawyers who are delaying but the court or the court clerks to be precise. Give you an example. I filed my above application 2 weeks plus ago and it didn't hear about it even since, reason behind was that the court clerk who incharged on that case was BUSY, ON LEAVE or ON MEDICAL LEAVE and/or NOT FREE. And I only managed to get hold of him a day before I had my hearing. Nice? If I didn't chase on him, I am sure it is still in a NOT MOVING status.

One case, one application, and ... it has enough to show the incompetency of the court. I am disappointed. How can I expect the court will bring justice to the people of Sabah? Shall I keeping the expectation or shall I just say, "let it be" ? If I am not keeping it, I think it is time for me to think for other option to work as. If i am keeping it, then I really would like to know how to change the current situation.

Ghoosh... I am feeling so hopeless, dismay, upset, discouraged and disappointed, not about being lawyer, but about the courts in Sabah. Hai...

- Hai... !!! -

Focus?

I am not sure if it is a matter of focusing. But I seems not being able to concentrate in some areas of things that's in my hand lately. It seems like 'challenges' do not want to walk away from my life. It stick with me after one to another. I hate it when I first encounter it although I never bow down to it. When I flash back on the past experiences, I can only conclude it by saying, God is faithful. At least, throughout all the challenges I faced, by prayer and submission, God has been faithful and He has carried me through not one or two, but all of it.

As an so called 'argument' broke out between me and my friend yesterday through a little small thing we talked 'accidentally' without any intention, we 'argued' however about the struggles we went through and before it end, my line was bad and our conversation and 'anger' cut off thereof. When all these sort of 'ended', I just ponder over what she said. I understand it is not easy for someone like her to understand my situation. No one understand anyone's struggles in life. I can only use my imagination to imagine how tough life would be for her to lives in a foreign country by herself. Those imagination was all based on my knowledge and experiences. But all of that, won't amount exactly on how she feels.

Just like me for example. Some friends will only be able to know what I am doing as a lawyer based on knowledge and experiences to understand my jobscope. But they can't because they are not in my position. They can only try to imagine by putting themselves in my shoes. But they wouldn't understand fully what I am doing exactly. A friend was shock when I told her I am not doing any 'contentious' matter. I do mostly a petitions or a joint petitions where it doesn't involves another parties. Hence, I seldom have 'argument' with others. Another friend asked me what's my expertise last night and I told him Information Technology Law and he doesn't believe it either. I haven't tell him that I am doing Medical and Intellectual Property as well. To his shock because he knows I can not survives in Sabah if I practice these laws. Well, I guess he is right. I am seriously struggling to survives.

Not quite sure when was the time I feel like being a lecturer instead of a practising lawyer. All these while, I have been thinking that I should study LL.M (Master in Law) in order for me to start teaching law. But the prospect is not very encouraging because not many colleges exist in Sabah, especially college which offers law courses. But this idea of starting a tuition center for those who is studying CLP came into my mind this morning. CLP (Certficate in Legal Practice) is a compulsory course and examination for all those who obtained their degree oversea without a Bar. All courses are conducted in Kuala Lumpur and/or Penang. Hence, it is very inconvenient for East Malaysian. With a center here, one doesn't need to take one or two months off just because they want to go for revision courses in Kuala Lumpur. So, again, I am struggling if this will works.

A lot of my friends thought being a partner of a firm, I can earn a lot, but no one understand what I am getting. Some even doesn't understand why a boss cannot just take a day or two off. Well, I guess it's because I am a lawyer and not a businessman. I cannot ask my clerk to attend clients and I can't ask my clerk to draft an affidavit. Can I? I still need to do all these even though I am the boss. AFter all, I doesn't own a BIG firm where I have a few Legal Assistant here working for me. I am just a lawyer who run my own firm.

If you think I like changing living enviroment or that you think I can get around it easily, you are wrong. I could be adapting faster than the rest, but doesn't mean I am OK about it. I struggles to adapt in new places like KK. Imagine... I came back from England to Kuala Lumpur. It took me 5 to 6 years to get myself adapted to life in Malaysia. On the 7th years of returned, about 1 year after I manage to adapt to life in Malaysia, I made a move to came back to Sabah. With all these changes, I sometimes wonder if I should lives my life just like before. Past experiences told me I shouldn't. I cannot bring my England life back to Malaysia and so I cannot expect the same happen when I came back to Sabah. I cannot bring my old church's traditions or ways of serving to Sabah. I have to take the courage to put them all down to adapt to this new environment. It's not easy. With so many different kind of people. I cannot use my mind to expect the Sabahan think like how the West Malaysian is thinking or how an English think about certain things. I can't. Because everyone is brought up differently with different culture and lifestyles and therefore, their mindset, their perception on things, their prority in life are different. It is easier to go out from Tawau to KL then from KL to England rather than from England, back to KL then to KK then to Tawau. Reverse culture is more difficult then adapting a new culture. A pastor reminded me when I was about to come back to Malaysia from England. I thank her for her advice and encouragement though. At least, my heart were ready before I came back.

So, struggles ai? Shall I focus on the struggles or shall I focus on other things? Everyone is going through a difficult struggles for a better life. In ministries, I seldom focus on the skills one have. I focus on the heart of the people who serves. To my finding, perfectionist tends to focus on the RESULTS more. Some, focus on the procedure more and some, the feelings and some, whether it is right or wrong. A brother reminded me this morning that it should be how effective a ministry can goes and not how BETTER things can be. We should distinguish well between a better ministry and an effective ministry. For example: Cell group structures won't be a BETTER ministry if it is not effective. It is effective if it starts from the heart of those who is willing to do it. i.e. they are willing to sacrfice their time to come to cell, or bring someone to cell. Not a BETTER way.

So, .. ya... focus... I am trying to learn about focusing not living a BETTER life... I hope I lives an Effective lives changing life.

- focus -

A gift!

I was told that since young, I like to be with my dad. May be we are very much in common on almost everything. Whatever I like, actually my dad also like. So, it is easier to talk to him compare to mom on certain issues. For example, my walking pattern is quite similar to my dad. So, don't blame me for not walking another nicer pattern because it's beyond my control. Another example is that both dad and I are very sensitive person. We can be woke up by one little sound and we are also observant.

As I told you earlier, my dad and mom went to China. Dad bought only one thing and it's made by Bamboo. Ghoosh.. it's so nice!!! So, when he took it out, he can sense that I like it. hahaha.. so, he put it in my bag. It's really nice... so nice!!!! Let me show you in picture...

Ops... sorry about the wire behind it. Ya... and I am still having the happy and excited feeling whenever I saw it. It lighten my days. This morning I just took it on my hand and look at it closer. It's just so nice...

It's a gift from my dad...!!!

- a gift -

Happy Birthday, mom!!!!

It's a tiring but wonderful, meaningful, joyous weekend I had for the last few days. Firstly, of course I want to thank my wonderful friend, Yee Ling for her willingess and contribution for letting me to use her car.

Well, a month or so ago, my brother and I have decided to celebrate my mom's 70' years old birthday on last Saturday 17.03.2007. My parents taken a trip to China on 08.03.2007 and came back to Sabah on 16.03.2007 evening. So, my brother and his family took the trouble to flew all the way from KL to the capital of Sabah, KK to celebrate birthday with my mom.

On Saturday morning, I brought them have "dim sum" at this new chinese restaurant before we went to Nexus Karambunai Resort. It's so fun to see my nephew and niece discovered new things like walking and running on the sand, etc. etc. After that, my mom wanted to visit Tuaran as she and dad studied at Kent College (Teachers training college), Tuaran about 40 years ago. They never been back there until that day. They saw many changes been made but they still manage to recognised the old existing building. I manage to saw where my mom and dad used to stayed. After that, of course, we went to try out the Tuaran mee at the well known Tuaran Mee shop. I can tell you, it's the BEST mee I ever had. It's very very very nice!!!

We went back to take our bath and rested before we went for my mom's big birthday celebration after that. The dinner was generally GOOD. My nephew has so much enthusiatism to get a bithday cake for his grandmother. He even helped his grandmother to unwrapped the gift. My mom of course so joyful that she has got herself a 'helper'. After the dinner, the kids can't stand the calling of the 'sleep master', so, we went back to rest early.

The next day, after attending church, we headed to Papar, a small town where my father was born. We visited my dad's brother. Thereafter, we went back and rested until dinner with my rector. He is so kind and generous that he treated us a seafood dinner. The happiest person of course is my nephew because he LOVES fish.

This morning, the whole family went for breakfast together. After that, we were playing in the room. It's so nice to be able to play with the kids. They are so wonderful. But my parents and my heart were burdened when we were about to leave. Dad and mom left KK about an hour ago. Time flies... but we just so happy to be able to have a family gathering.

- Happy Birthday, Mom -

Joke continues...

I guess I am really not in good stage lately and that some jokes really manage to ease my tension and stresses. So, a friend happen to bought a book full of jokes. Some really funny and amusing. Some, may be it's not in our culture context, we found it quite 'irrelevant'.

So, of all over a sudden, everyone is trying to remember some jokes so that jokes can be told whenever we have a conversation. This friend is really funny as she called me during noon time just to told me a joke. Well, ...

"There are 4 eggs, labelled as A, B, C and D. A was gossiping with B saying that it's so weird and ugly because D has fur. While they are gossiping, C joined the gossips and all A, B and C came into agreement that this D is weird and very ugly as an egg. D was annoyed by them and their discussion on itself. So, after a long while, D burst into anger and turned to them and shouted "I am not an egg lah, I am Kiwi Fruit."

Hmm.... half way while I was listening to the above joke, I already guessed that it's Kiwi Fruit rather than Egg, so, when my friend finished the joke, I just didn't show any reaction. It's hurting I am sure. But I really couldn't came out with any reaction at that moment. Sorry my friend...

Anyway.. as you can see, I do not have anything to write for today either.

- joke -

Jokes...

My mind is blank now after going through a terrible incident in the office yesterday. But thank God that I manage to solved things this morning... but my mind is still blank and I do not know what I want to write here....

So, I shall just tell you a jokes that I was told of last night...

Panda has 2 dreams. One is to have enough sleep. Another one is to take a colour photo.

Ya.. I know... I know...

So, I guess, that's the JOKE for today...

- be entertained -

Poor Services and Attitudes!

As my parents are holding an open tickets to go back to Tawau from KK, I have to call this airline to book a date. After I done so, I was told that I still need to do indorsement in their airline office. I was suprise though to found out that they are open daily. So, although today is Sunday, I went to their office.

I walked in the airline office, the first thing this officer said was "What is the flight details?" I was suprise because if they need me to do indorsement, they should be able to check from the ticket number or the booking number stated in the tickets. Not that I didn't brought along the tickets with me. The passengers names, ticket number, booking numbers or even their Identity Card numbers are in the tickets. Can't they check? Even if they are trying to be lazy, can't they say it in a more polite way? No greetings, no smiles, talking with other colleagues while attending a customer like me and lazy and not willing to perform their job? I am not sure what kind of poor attitudes that were... but it really SUCKS!!!!

I thought this airline was the worse, but not until I went to another airline ticketing office. This is worse as 2 of the officers were sitting there, talking and talking and talking until I asked them of what I should do. They look at each other, one cannot answer me in English another answer me with 'unwillingness'. Well, put it this way, he was shaking his legs, hands playing with pen, sitting with the position of laying down, talking as if he doesn't want to answer my questions. It's just a simple question like "What time is their office hour?" has made him look at the girl besides him and says, "Normal loh". I wonder what is their "NORMAL LOH" means. So I asked them the exact time. They said, "Eh...normal office hour LAH.... Eh... from 8am lah" . So I suppose I shll be there by 8am as they might close 8:01am? I didn't get my answer. The only answer I got was that they are not willing to help and they are CLOSED today. Well, ... if they are CLOSED, why do they have 2 people sitting there and 'pretending' that they are OPEN? Anyway, I am so sure they have a good services and attitudes.

I told myself that may be I am expecting too much from them. So, I went home. I met the worse this evening in this restaurant. haha... the last time I went, I got food poisoning. But because I am not going to eat any food and friends suggested we go there, we went. We sat there for like 15 minutes. Raised our hands for about 5 to 8 times just to get someone to take our orders and no one came around. At the end, this lady came over. Asked us what we want with a terrible way. i.e. "What you want?". 2 of my friends ordered and when I asked what sort of drinks do they have and the answer we got was "Neh, this tea loh... and can drinks if you want. You think first then tell me". Then she left. I personally was shock with that kind of attitudes as I think she thought we know what sort of drinks they have and that we always visited their restaurant? FOR GOODNESS SAKE... This will be the last time I go to that bloody restaurant. A friend asked another girl. This time, the girl is better, she looked at us told us "Oh... can drinks loh. Whatever you want lah..." Another friend couldn't stand, went all over to the fridge and look and took what she wanted. I did the same because I can't think of anything besides Coke, 7 UP, Sprite, 100 Plus. I wanted something ELSE.

I just wonder what's wrong with this city. They called themselves a CITY. With so many tourist came over from all over the world and we can't even upgrade our people like the above 3 examples? I mean, what kind of services and attidues that were? I am not a high class person or a wealthy person. But I just can't stand that kind of attitudes and services. Or may be I just need to learn patience as today's lesson? Goodness.... Lord, have mercy on me!!!

- Lord, have mercy on me!!! -

An Idea!!!

This week's time ran swiftly until I cannot believe it with my mind and heart that even my weekend is ending. Ghoosh....!!! A friend asked a favour to fix her computer and when she asked me if it is fixed, I just felt so guilty... "Nope, it's not yet". I went to prayer meeting on Monday evening, I went to revival meeting on Tuesday. On Wednesday I went to cell group. On Thursday, my parents were here so I took them out to have dinner and to shops for something where only KK and Sandakan has. So, I have been busy throughout the whole week. Hmm... that doesn't include my working hours yet. But yes, I was busy...

I bought a digital camera last week because my camera (Manual SLR) is too unpractical for my parents to bring over for their China trip. They need something simple, light and non-costly. So, I bought them digital camera so that they can capture nice view and memories. I played with it while I got it on my hand, but I don't feel satisfied with it. Mostly because it is not SLR? Haha... Hmm... so, I am still aiming for digital SLR. My dad knows me... he bought me my SLR back from Tawau. hehe...

A friend is getting married and he mentioned about whether to get a professional photographer. No doubt, a memorable occasion as such do need a professional photographer. However, in my opinion, I don't think he needs an INTERNATIONAL professional photographer. I would think a good and professional photographer would do. Every photographer who called themselves professional in this country do both digital and non-digital photographing these days. While our conversation went on with this issue, he told me that the fees for an international professional photographer cost a lot. It's as much as an engineer's one month salary. What he meant was, 2 days of photo taking by this international professional photographer will cost his one month's salary.

Wow... for me, a general photographer, I won't take this offer. It's costly. I would rather buy a Digital SLR, and capture it with my own hands. hahaha... I can be professional if I want, but the only thing I lack of now is a Digital SLR and some really good gadgets. Hmm... so if you ask me what I want to do if not lawyer, hmm... I guess being a professional photographer might be a good choice. Ops... don't get wrong. I am not as good as those professional. I am not TRAINED like they are. I only went through a few photographing and video taping lessons by an international professional who helped to do the CSI series. I am still in the 'mould'. hahaha... But yes, I do like multimedia. Filming may be?

And that's one of the reason why people went for movie with me think my taste of movie is different or BAD. hahahaha... I look behind the story line. I look at the capture, the filming, the animations, the ligthing, the whatsoever... that a movie shows... wow... I just like multimedia i think. hahahaha...

So, yes... if 2 days and be an engineer's one month salary, why not, right? Why do I still want to do Master in Law to enable myself to go for teaching? hahahaha.... yes, since 2 years ago, I do have the urge to be law teacher / professor. I really like that... I am still seeking for opportunity to teach in this small city call Kota Kinabalu. Ghoosh... Yes, I want to quit practice SOON. I can't stand the office though I like the practice. Na... it's just an idea

- an Idea!!! -

Who am I?

I was so busy yesterday and that I sorted out things in the office, one or two of the cases and went to the court in the afternoon with clients to do signing in front of Registrar and yet, when I returned to the office, I noted that both my partner and my clerk were so free. Obviously they do not have to attend to all these signing, drafting, researching. What my partner suppose to do is to solicit some works into the firm and yet, I have seen none of this happening. What does my clerk suppose to do? She is suppose to lighten by burden by helping me with very small and simple works, i.e. issue payment voucher, banking, recording files record, etc. etc. and yet, I have seen none of this happening.

I went to court yesterday afternoon and I met someone who doesn't look like an office boy nor a lawyer. She carried lots of cause papers in her hand and she seems LOST. While I was waiting for the Registrar to sign all the papers, she finally came and talk to me. She wasn't really sure about what she should do. So I know she is new. I asked if she is doing her pupillege but to my amaze, she's not. She is just an office clerk. I was shock when she told me that because office clerk seldom been asked to do filing in the court. I noted that all the clerks in her firm is taking turns to do filing in the court. I thought she gave me a shock until she said she was shock to know that a lawyer need to be in court to bring clients for signing. Well, this is not the first time I heard such a comment. To Sabah, lawyer do not do all the filing and bringing clients to courts, etc. They will ask the office boy or the office clerk to do all the works. Lawyer is someone who has a certain status where they won't go even to Mamak or some 'cheap' places. I am not suprise. I do know that lawyer need to be respected. But yet, ... I just ponder in my head of whether this is what I want.. and of what I know, I don't.

I don't like to be like everybody. I don't lives a life like everybody. If you ask me why, I think the only thing I can tell you is that of all things that I have experienced in the past, I have seen things differently and my priority and focus has shifted from the 'normal' expectation kind of life to an 'abnormal' one. For example, I can choose to lives a life like every other lawyer. Eat the best, drives a nice car, lives like a queen, lives luxuriously, etc. But I don't. I don't like that kind of life. I don't like that kind of living... I like to be around the poor, to be around the needy and to see what I can help them with as a lawyer. I don't like to have money as my priority. I hope I can give a little help to those who needs and where I have the ability to help.

So I do not mind doing all sorts of job. However, lately I found that with this kind of attitudes I have, I always being bullied. Bullied by my partner, by my client, and the worse, by my clerk. My clerk started to think those jobs are not hers. My clerk started to be lazy. This morning, she handed me this photocopy invoices issued by the photocopy shop next to us. For your information, because we do not have much photocopy to make, we do not rent or have any photocopy machine in our premise YET. So, I have asked my clerk to record every photocopy we made. She has been good all these while but not for the previous month. I guess she didn't expect I will check on this today. I saw a 200++ photocopy were made and I wasn't aware of it so I asked her on which file we did such a photocopy. I do know actually because it's my file. But she couldn't give me any answer on this. I asked her to produce me with the record she made. I asked her like 8 times, and for the last time, I asked her to bring the whole record immediately. She came into my office, confessed that she didn't make any record for last month. I am fine with it if she can give me a valid reason but she failed. It's simply because she is lazy. I hand the invoice to her and told her strictly that if she cannot determine all the charges to me, she has to bear the cost and she has to pay that particular invoice.

I have tons of things to do in my schedule. I have drafting to do, I have filing to do, I have to go to the bank, I am handing all the accounts (accountant should be here to audit soon) and yet, she is not helping. Many times, I saw her enjoying her sweet time sitting at her table and relaxing herself. I really wonder why do I need her sometimes. I really need someone good, someone who can help me to lighten my works.

If you are wondering what sort of person I am. Just remmeber, I am unique and I am not someone who is living an ordinary life like most people do. I lives a special life. Not until you are willing to accept this 'speciality', you won't be able to understand me and how I lives my life.

- who am I? -

'Weird' ...

It has been for a long time now that I did not have any duty on Sunday in the church. I felt weird since last night as I normally preparing myself on Saturday evening for my duty on Sunday. But yesterday, I just felt so .... not to say 'free', but... just weird.... !!! I lent my laptop to a friend to be used in the Youth fellowship and because of that, I felt part of me was not with me. Well, I just felt 'weird' the whole evening to be exact!!!

I didn't have a good rest last night even though I went to bed quite early yesterday evening. I was suppose to wake up at 8:15am this morning but I woke up at about 7am. I am not quite sure the reason though. I did however stayed in bed until 8:15am then got myself ready for church service. I arrived at 8:50am. Met a pastor when I arrived and she was shock that I have a day off today. She said she never saw me not having any duty on Sunday and today, it's the first time seeing me without any duty. Hmm... I wonder when was the last time I was having my day off. Well... walked in, I found besides the worship team, I know no one and I found no one to sit with ... except a friend who always sits by himself. So I went and sat besides him.

While I was sitting in there in the church throughout the whole service, my mind wander around... I wonder how difficult it is to be in the church alone. Just like my friend here whom I sat with. He is new in the church. He doesn't know most of the people and so did I. I probably came about 3 to 4 months earlier than him. I am just like him actually... I know not many people in the church. It's really not easy to adapt and to get to know as many people as possible. I have taken just a few weeks before I got to know a bunch of friends in church. Thanks to a few of them who really made differences in my life. I am considered as 'passive' in my character, but when I come into these kind of situation, I really forced myself to adapt.

Some people I met in church has brought me joy. But these few months, no doubt, I went through not only joy, but also sadness, disappointment, discouragement, etc. etc. Friends whom I know less than a year told me I always hurt people with my words. I admit to it because I truely do not know how to deal and talk to some really 'new' people. They are new to me. I mean, the way they think, the way they talk, the way they commit on things, etc. I saw my limited ability to deal with them. Lately, I felt too tired to deal and I think I have in many ways, hurted a few because of my 'tiredness' to deal. These week, I was hurt, truely hurted by words they said.

So this morning, while I was sitting in church and wondering about church, about committment, about friends, about brothers and sisters, it's just 'weird' when my heart, mind and soul failed to come into 'agreement'. Yes. I have mixtures of feelings of all things that had happen to me. Tonight, I was having dinner with my grand aunty and her family. She reminded me that have been here in this new place for almost a year. It's shocking how time flies... and how things changed at my end. To be very frank, I don't think I am happy nor satisfied, nor agree with most of the things I done it for the past MONTHS in this new place. I have truely failed myself in every area of my life.

Hmm... may be it is just a feeling.. but I felt just like a total 'failure'.

- failed to be myself -

Different Country? Different System? Different Law? Different Court Forms?

If a person died intestate (without a Will), then the administrator/administratrix shall apply to court by Petition for Letter of Administration. All the law and rules are govern by the Probate and Administration Ordinance. All the cause papers are to follow something call the Intestate Rules. That is understood as far as Sabah is concern. This is much different in Kuala Lumpur as they are not using the Ordinance or Rules I mentioned earlier. They are all govern by Probate and Administration Act. As a foreign graduate, all Malaysian are FORCED to sit for an examination call the Certificate for Legal Practice (CLP) for us to qualified under the Legal Professions Act to be admitted to the High Court of Malaya and/or High Court of Sabah & Sarawak. During the whole CLP course and examination, we were taught the so called, Malaysia law. We studied the Probate and Administration and/or the Land Law. However, those are quite UNPRACTICAL in Sabah and Sarawak. I never have any complain about it because knowing the laws are considered an add-on in my life.

I noted there are many differences between the law and system in Malaya and Sabah. However, It never cross my mind of the issue that I met recently and/or today in court. As far as I know, this, has NOTHING to do with the different law. I respect the law and those who drafted them. But I don't like it when the court doesn't follow the rules. i.e. The Rules of High Court 1980. Everything in the High Court should follow the Rules of High Court. i.e. the validity of Writ, how to do extention. How long is the maximum of the extention of the Writ, etc. What is injunction, how to do amendment in all the cause papers? What is petition, what is summons, what is originating summons, etc. etc. And for your information, the Grant of Probate is also stated in the Rules of High Court 1980. So, during my stay with a KL firm, if I need certain forms, I will look at the Rules of High Court 1980 and follow exactly. I never get wrong if I read it well and follow it strictly.

But thing is not as such in Sabah. I was told by the court that following the Rules of the High Court is wrong. The Court told me we should follow the Ordinance. They might be correct in this. May be the Ordinances did mentioned something about it. But wait... you do need to know what are the things they said it was wrong.... my witness affidavit. Affidavit is a sworn document. I have checked the Commissioners for Oaths Rules 1993. Under Rules 11 and 12, it states clearly of the power of a Commissioners for Oaths. Affidavit is stated clearly as one of the documents that can be affirmed in front of Commissioners for Oaths. But this is not the case this afternoon in court. My affidavit affirmed in front of Commissioners for Oaths were being rejected and was told, NOT ACCEPTABLE. I have checked the Rules of High Court 1980 with regards to affidavit and it has nothing like affirmed in front of Commissioners for Oaths cannot be accepted. Moreover, if other affidavit in support of other application to the high court can be accepted, why is there a different in a Petition for Grant of Probate?

I know Sabah has a better LAW, ORDINANCES and RULES but if that is the case, why not make the Sabahan to take up some Bar course instead of CLP? If Sabah is better, why do they need to follow the Legal Profession Act and not something of their own? I could be wrong in my above reasoning or reading of the law and I do need a lot of reading and educating. But first, tell me where can I get some really good books with regards to laws in Sabah? Even statues... tell me how many bookstores in Sabah has all the ordinances and rules? If you happen to be from Sandakan, Beaufort, Tawau, Semporna, or other places besides Kota Kinabalu, then you have no choice, but to travel all the way to Kota Kinabalu, try to look for this road call Jalan Tuaran and locate a place call Jabatan Percetakan to get your status.

I won't be so frustrated if the court can tell me on what ground they rejected my affidavit sworned in front of Commissioners for Oath. I would be so happy if they can even point out my mistake by showing me the rules I mis-read. But they didn't. The only thing I was told was that, "Sorry, you have just did what others have not done and we never encounter such thing. We do not know how to handle". Or in Malay "Dari dulu lagi kami buat begini. Ada perbezaan sikit, kami tak tahu lah...".

They also told me they are using a different kind of court forms. I made enquiries about the Malaysian Court Form from MLJ (Malayan Law Journal) about 3 months ago. I am grateful now that I didn't buy it. It's not for the whole Malaysia I was told by the Sabah Court. I am not sure how true it is. But if it is 2 different system, 2 different kind of law and 2 different court forms, I do think there is a necessity to have 2 kind of Bar exmination instead of just CLP. If the court clerks in Sabah can only answer the above statement, I suggested they also go through some courses or examination.

I seriously lost passion for the law in this country. I am at utmost disappointment today. The court has any rights to reject my documentations if I did a mistake or mis-read certain status. But this is wholely because my sworn my affidavit in front of a commissioners for oath instead of the Registrar.

I asked them in the case if both of my witnesses were outstation in Australia, do they still need to be present in front of Registrar and the answer I was given was "saya pun tak tahu" (I also don't know). I told them I filed the similar documents to court few months ago and it was accepted but not this one. I asked for explaination but they didn't manage to tell me any reason. This is so funny. It's either there is no consistency in Court or they do not know what they are doing. I am seriously not being able to accept this 'failure' because I am not being given a good reason and ground.

I am suprise to know that in the whole Sabah, none of the lawyer is taking any steps into it. Of course I do know one of the reason of it... that is most lawyer don't do court works anymore. They rather deal with the banks. hahaha... Who deals with the court? Let me tell you, the runner. I am so not satisfied with things today.

Now if you think you want to sue me for defamation, you better think again. This is just what happen to me today. I am voicing my own experience and my sense of failure. I am not saying that the court is not good or the law is not good. It's just my emotions, opinion and ... hai... disappointment!!!

- sad -