YO!!!

Finally, I have made the decison to UPGRADE my SLR camera to DSLR. With a few months of saving and few months of torturning and few months of sleepless nights... I finally stand on my feet and went to the shop and got it. It's the last piece of camera when I was there. This shop's boss gave me the BEST deal in KK and I found out that I can use my previous lens on the new DSLR body. So, ya... I am happy and contented with it. After a few shootings, I really really like it and I really am happy that I made the decision. Wait.. don't rush me for the photos... it's COPYRIGHT.. I need to make sure it is a MASTERPIECE and the ONLY masterpiece in the world when I post it online. hahahahaha.....

Last Saturday, finally I had a time of my own last saturday though I did spent some time to play badminton with friends. Eh... 2 hours of badminton infact, is too little. I didn't get to play with certain people though.

Well, on Sunday... I had great time with 2 friends of mine who came back from Singapore to visit their family. It's really nice to be able to spent some time with them and also to brought them all the way to Beaufort. We had lots of fruits there. It's awesome.

Today, geared up to do works. Just feel like sleeping when I need to work. hai...

- yo! -

PRESS STATEMENT - For your knowledge

PRESS STATEMENT

COMMON LAW

The Bar Council is disturbed to read reports published in today's papers containing remarks made by the Chief Justice questioning the need to use English common law after 50 years of independence and seeking its abolition. It is an issue that has been raised before in 2004, and now that it has resurfaced, some explanation is necessary.

The Federal Constitution is the supreme law of the land as provided in Article 4(1). This Merdeka Constitution also formed the basis when Malaysia was established on 16th September 1963 and North Borneo and Sarawak joined the Federation with the common law system having pride of place.

The Courts are tasked with the responsibility of interpreting the Federal Constitution. In undertaking that duty, common law principles are applied. The cold print of the words used in the Constitution and its spirit are developed by judges deciding cases within the structure of the common law system. Interpretation of the Constitution is not undertaken in a vacuum.

The body of Malaysian law comprises the Federal Constitution (as the supreme law), written law, that is, Acts enacted by Parliament, and judge made law that is, case law. Subject to being declared as unconstitutional by a Court, Parliament has a free hand to enact laws. In the exercise of its legislative function, Parliament has passed hundreds of statutes since Merdeka: some of which are modelled on or inspired by foreign statutes while others are purely domestic without any foreign parallel.

Judges have applied the laws of Malaysia in the thousands of cases that have been determined in all branches of the law in all the Courts of Malaysia for the past 50 years. A significant portion of them have been reported in our law reports, and form the large corpus of case law which is an integral part of the laws of Malaysia. These reported cases operate as precedents for future cases, so that like cases are decided in a like manner to avoid injustice and thereby promoting reliability and certainty.

The Civil Law Act, which came into force in Malaya on 7th April 1956 and therefore prior to Merdeka, provides for the reception of English common law and the rules of equity, but only insofar "as the circumstances of the States of Malaysia and their respective inhabitants permit and subject to such qualifications as local circumstances render necessary": see Section 3 (2). Thus, the Malaysian Courts have a wide discretion whether to accept any English common law principle or rule of equity. When Malaysian judges accept such principles, they become part of Malaysian common law and Malaysian law is developed in that manner. Nearly every British colony has adopted the common law system inherited from the British. But in each country, the Courts develop their own common law which may not be identical or similar to English common law. It is in this flexibility that lies the strength of the common law. Thus, Malaysian common law differs in many respects from Indian common law or Australian common law. Without doubt, the common law system is one of the greatest and most respected legal systems in the world. It also forms the basis of public international law. There is no other comparable legal system that commands such universal respect among jurists.

In these circumstances, it is unfortunate for the head of the Judiciary, which institution applies Malaysian common law principles in all the Courts of the land daily, to state publicly and without acceptable basis that the common law system should be replaced. What then is the system suggested? What is to happen to the corpus of Malaysian case law painstakingly built up by distinguished Malaysian judges - is it to be discarded overnight? What about the commercial community including foreign investors; for whom - the common law's certainty, flexibility and adaptability have made it a favourite and for whom any suggestion of change will be a source for concern?

There is little to be gained in changing a system of law that is respected and has worked well for 50 years in our country, and hundreds of years in other jurisdictions.

What is required instead is an examination and positive change in the system that administers that law so that it inspires public confidence and ensures a strong and independent judiciary.

Ambiga Sreenevasan

President

Malaysian Bar
22 August 2007

Symtoms!

It's weird.. but I didn't realise it only now. I realise it when I travel to various places one of the year a couple of years back. I thought it only happen when I travel 'too much'. That particular of year, I moved and travel from places to places almost every 2 to 3 months. Therefore, I thought this 'symtoms' only happen when I travel too much.

However, this 'symtoms' happens very often. Almost everytime upon my arrival at my destination. I travel less for the past few years but since I came back to Kota Kinabalu Sabah, I travel quite a bit for the past one and a half year, in particular, to and fro Kota Kinabalu to Tawau.

For the past 2 weeks, I travelled back to Tawau for my best friend's wedding and then last Saturday, I travelled to Lahad Datu. After the journeys on Sunday, I was suffering from this 'symtoms'. You might ask by now, what am I suffering...

Well... I have short term memory loss for a day or two. Yes... you are right, just like DORY!!! The first experience (as far as I remember and noticed it) was years ago when I first came back from England. I forgot songs that I used to sang everyday. I forgot how to cook my curry. I forgot details on things, etc. This round, I even forgot who are some people, what I need to do, etc. I will act 'loss'.

Goodness... I am not sure if it is going to be serious... I hope not though... but ya... I just remember I had things to settle within this week to prepare for next week and I do have 2 matters in courts soon. OH NO....!!!!!!

- symtoms -

Desperate...

I am desperate for a break... but I am also desperate to get some works and earn some money. Well, to some they would think I had about 2 weeks break... But to me, I really need a break. 2 weeks of works has enough to 'kill' my spirit and energy. Ghoosh... I need a break!!! However, some people just think that I am FREE for 2 weeks and therefore, I need to 'work' again. I am tired. Really tired!!!

- desperate -

Another challenge!

This year, God gave me another challenge.

About 3 months ago, I attended the Young Adult Youth Camp in Kundasang, Kota Kinabalu, Sabah. During that camp, a Priest asked if I can give a special talk / sharing about Will-writing. Giving a talk/sharing about Will-writing is not something new to me as I done many similar things to the franchisee when I was working as Legal Executive with this leading Will-writing company. However, sharing with 3 congregation in 3 services on Sunday is something very very NEW to me. I need wisdom not only to share about Will-writing, but I do need to share about Will-writing and giving in a Christian perspective. It's something very challenging. However, I thought it is something I might be able to gain experience with as well as a learning opportunity.

So, when the Priest called me again about a month ago with regards to the matter, I took up the challenge and sacrified my best friend's another wedding dinner at Kedah. Well, the best thing about best friend is that they understands. It's nothing like what or who is more important. It's always about priority. Well, at least I am sure my best friend do know that my care, my love will always be with her.

Well, ... everything was set and I travelled to this small town yesterday afternoon. When I reached, I joined the children camp till late evening. I am very glad to be able to met an old friend and we chat and shared quite a bit. Well, as I went to bed last night, I almost couldn't sleep as I really was praying and thinking of what's the BEST way to convey the message to the congregations. It's a tough job to make sure that they got what I wanted to say. Moreover, I need to share in 3 languages, i.e. English, Chinese (Mandarin) and BM. It's chanllenging. The most challenging of course, sharing in BM as I have no experience whatsoever in sharing Will-writing in BM moreover, about giving to the Lord. It's my first experience sharing in BM.

While I was preparing and putting my sharing in BM to paper, I remember that my godmother did gave me a BM bible years ago. I remember she passed it to one my the priest to pass it to me. I wonder the reason of giving me a BM bible. However, I have used this bible in preperation for my sharing.

I had a somewhat exciting and challenging day today and when I reached KK, I just felt that I just finish work and at one point, I thought I am already in a full time ministry. I almost forgot that I am a lawyer and not a preaching nor a full time worker. It's a challenge and I believe, the Lord is directing me to the path He has planned for me. I know He is preparing me for something... something that He has planned for me way before anyone of us knows about it.

- challenge -

A week has gone past...

It is so unbelievable that time flies so swiftly that a week has gone past. I remember last week, everyone gathered for dinner before the big day on Saturday. At this hour, I recalled that we are decorating the cars for the big day and to done up with all the last minute preperation. We had 'fun' that evening. A week has gone past and I really has started to feel the pressure, the pressure of chasing time. Another 4 months and year 2007 will come to an end. I wonder what have I achieved so far. Since the end of December last year and/or beginning of January this year, I have been thinking whether to continue to be partner in this firm. Somehow, God has opened a door for me to come back to Sabah. I am really glad that I am back here. I really wanted to practice law for a few years and at the same time, serving God in the Sabah community. God also has opened up a door for me to go mission and more over, the business was quite stable then.

Business has suddenly become very quiet in KK. However, I always has businesses to handle everytime I went home for 'holiday'. God has nevertheless blessed me! After next month, I will have to check my account to renew my practising certificate and that's mean, it's the 3rd year I practices in Sabah. Time flies... I can't believe this. But what I really wanted to do now, is that the time will come soon for me to step out to another phrase of my life. Be it a short term mission or whatever. I really pray that God will from now till I am called to go out, prepare and provide me with finances. It has somehow pressured me these few months where the business is really really slow. But thank God that people arounds me constantly remind me of not to worry about future. A friend has today encouraged me by saying that the business doesn't belong to me and therefore, I shouldn't worry about it. Well, I guess she's right. Since when I can control anything about myself? Since when I hold the future? Since when I can run my own life to the way I want it? I always says that "my life is not in my hand" and I believe, my life is STILL not in my hand today.

All I ask therefore is that, I will be able to continue to hold fast to Him for Him to bless me!

These few days, I have been quite emotional. People has been 'offending' me somehow regardless of light or serious matters. I guess, I am really frustrated when people arounds me doesn't seems to understand my situation. I guess, I am really frustrated when I saw people entering into another chapter of life and that they are happy and has nothing to worry about. I really pray that God will bring me to the next chapter of my life without any 'cost'.

...

Well, I really had a good break last week during my friend's wedding. I have started to miss them now... ghoosh....!!!!

...

- time flies -

Weird...

I really have problem understanding the reason why some people in Kota Kinabalu has difficulties in giving instruction/direction. It's either the city is BIG (not so big really, but may be they are too SMALL?) or that they just place themselves at house 24 hours without going out, meeting people, living a selfish life throughout their whole life. I have encounter this problem ever since the first day I arrived in Kota Kinabalu. I asked for direction and only a few being able to give clear direction. They probably have pictures appear in their mind (some, I doubt they even have that), but they can't put their mind through to tell if it is right or left, straight or what. Traffic light? Land mark? Building? Department, which floor, which block, etc... they just failed to give description. All the answers I usually get is, "neh... there loh, there... near the where and where there... eh.. I don't know how to say. errr.. there loh." Like I can see what's in their mind. Seriously, I only encounter such a problem MORE in this City. I am not saying there's none on the other town, but I encounter more here in this City.

People are having this kind of problem usually it's because can failed to 'communicate'. They have things in mind, they failed to put it in words to communicate with others. I am very lazy and frustrated to deal with things like this.

3 days ago, a friend called and the message he conveyed was that A and B is done. As I explain that there is C, he can't seems to understand because in his square mind, there is no C and "wow.. got C ha? ... is ok lah. Stick with A & B loh." I can't understand why some people always have this problem. It is not so difficult to widen the mind set, the knowledge. May be because they have things in front of them and that's why they failed to treasure it. Whereas in small town like Tawau, people struggle to get a nice book to read. So, whenever they travel, they will find places to get books to read, to find knowledge, to see things, experience things to the fullest.

I am seriously frustrated by some people lately. They seriously needed some mental therapy. May be throw them into jungle for a few years might help. Oh wait... most of the people here living in this city really need to go out there in other parts of the world to experience different way of living. They are too comfortable until there's no respect, there's no right focus, etc.

Wait... if you are feeling offended after reading this, hahaha... OPS... you must be one then. hahahahahahahahahahaha.....

See, this is just my experience lately. It's BAD! I just feel very frustrated!

- weird -

Contented!!!

Time flies. I went back to Tawau last Wednesday and today is already Thursday. I still recalled freshly in my mind what happen last Thursday and that I have started to get busy. Many thought I need not to be so busy if I say "No". But that's not what I think. I wouldn't have been going back home at all if not because my friend's wedding. As such, I have prepared to be busy and help her on whatever she needed and that's the reason why I bought another ticket and flew home 2 days earlier on scheduled date. It's a pleasure in fact to be able to attend her wedding and to help out with things. I already feel very bad for not being able to attend her dinner this coming weekend at Kedah due to some pre-arrangement earlier on.

Well, though it is tiring, but I still feel it is NOTHING and it is WORTH IT. I do expect to get tired until Thursday evening as they flew off to Kedah on Wednesday morning and that's the reason why I planned certain things ahead. However, on the 1st hour of my arrival, while I was having my lunch with my friends, I received a phone call and that has really made me felt that, there are certain people, certain things, are always cannot be trusted and cannot be expected. I ended up have to re-plan things again.

Some people might not be able to understand the reason why I can put so much efforts on this best friend of mine. Some thought I am bias. During the wedding dinner, a friend who is also going to get married asked if I would attend her wedding and helped out with her wedding. I really couldn't answer her as I won't be able to know whether I will have works then. But to her, I have made my point clear that she is not as important as this friend of mine. hahaha... well, some do understand, but most, not. hahaha...

After last night, I suddenly feel 'free' today thought I do need to prepare something for Sunday. I am seriously not 'used' to life without much things to do. Ghoosh... So, actually I am feeling so good for the past week and I do thank my friend for given me things to do. Otherwise, I will feel 'meaningless' to go back home. hahahahaha... Thought it is tiring (not exhausted yet though), but I am happy, contented and honour.

- contented -

A thought...

The question of committment somehow came into my mind again. Well, I guess I really am having some committment problem. While I was driving up last night to Kundasang, where Mt.Kinabalu is situated, the road was dark, but with my small little cute car's lights, I was confortable diving all by myself. I love it when there's no cars blocking my way. But I will have to bear the risk of lossing track. So, I need to put my concentration fully on my driving. It's nice, and I like that kind of freedom. Not until when I reached a place or two where there's full of mist where I can hardly see what's happening 1 meter ahead of me. I drove really slow and it has took some of my precious time there. After staying in slow speed for about 10 minutes, a car from behind came passed me very fast and it seems like knowing the road very well. When it overtook me, I just step on my pedal and follow the car. Just a minute later, I was over the misty section and drove all the way till the top of Perkasa Hotel. It's interesting that I thought of the issue of life based on this incident. It could be fine and nice race without anyone disturbing, but when we faces difficulties, it's always good to have someone to 'overtake' us and lead us ahead or even just give us a hand. It's our choice sometimes, whether to be the one who help or being helped.

- a thought -

My best friend's wedding

It's nice to be able to see and attend a best friend's wedding. I cannot remember when was the last time I PURPOSELY travel to a place for someone's wedding. Well, I didn't manage even to attend my brother's wedding. But this wedding, I have promissed that I will be there, no matter where it is going to be. Hence, I took the efforts to go back. It's somehow worth it though some of my family members doesn't seems understanding. Sometimes, I just do not like it when my brother and his family around at my parent's place. It's because they will somehow 'changed' the time, the routine, everything around the house. Guess what? They have even let the kids play with my favourite original VCD that I bought and I failed to find one of the disc. Hai...

But yes.. it has been a great holiday with my best friend and her husband of course.

Day 1 (Wednesday). Upon reached home, I had lunch with my family and thereafter, I did something before I attended their wedding ceremony rehearsal. After that, I went home, had a rest and after dinner, I went to see a client. After sorting out with client, I went to meet them for some arrangement. Went home after that.

Day 2 (Thursday). I woke up late, then picked them and another relative up then went for a shopping to get some necessities and met some people to discuss about the wedding dinner, etc. Later after dinner, I went to the airport to fetch the groom's parents and relatives (11 of them). We bought them to eat some seafood after that and then to their hotel.

Day 3 (Friday). In the morning, we bought the groom's parents and relatives to the market and some other places. Then I went and met my uncle as he was looking for me. After settling that and with some other matters in church, together with others, I bought them for lunch with the bride went to get her hair done. After that, I went home and rest. At night, we all went for dinner. I stayed there after the dinner to sort out last minute thing.

Day 4 (Saturday), the actual wedding day. I reached the bride's place at 7am. At about 830am, together with 2 others, we went to fetch the groom's parents and relatives to the church, then to back to fetch the bride. After the ceremony, I sent the groom's parents and relatives home and then send the bride and groom to their respective hairdresser. After I sent them, I met 3 friends for a drink and went home for a shower. Thereafter, I went to fetch them from their respective places and then rushed back home, changed and to fetch the groom's parents and relatives to the dinner venue. After the dinner and after sending the groom's parents and relatives back to hotel, I went home straight and sleep.

Day 5 (Sunday). Woke up at 630am and got ready to fetch the bride and groom from their hotel to send their parents and relatives to the airports. Then we rushed down to the church for the church service. God knows how 'concentrating' I were. With the bad sound system, I almost fell asleep. Then I went lunch with them and their friends and thereafter, home...

Day 6 (TODAY). I woke up at 630am and got ready to have breakfast with my parents. We had lots of Dim Sam this morning. Thereafter, we went to get a DVD player for my dad. I didn't manage to plug it in before I left as i was late for airport.

So, ya.. I am finally at KK now... finish some of my work. Will go and help them to check in to the hotel as they are now at Kundasang to visit Mt. Kinabalu. After checking in, I will go home to take a shower and to Kundasang to fetch them back to KK. They will have their photographs taken tomorrow. So, after tonight, most likely I won't be seeing them tomorrow as they will be leaving on Wednesday early morning.

It's always nice and happy to be able to meet and contribute into a friend's wedding. Though I only feel a bit tired now, but at least that shown that they have not forgotten me as 'friend'. hahahaha....

Well, what can I say? Congratulation, OS & TP.

- congratulation -

Exciting week ahead...!!

This week is going to be exciting as I am going back to Tawau, my HOMEtown on Wednesday and only come back next Monday. This trip is going to be 'weird'. My whole family will be in Tawau and I will have to came out with time for work, for fun, for preperation, for family, for friends, etc. etc. It's going to be excited I am sure. Ghoosh....!!! But what I wanted the most is that I got the chance to play with my nephew and niece again... hahahaha....

Finally, our office has bought a new Fax machine plus photocopy. Well... it's a 5 in 1 kind of printer, but it will be used mainly for fax and for copier purposes. But because of this fax machine, my office account has less money and that keeps me worried about salary for this month and next. Goodness...!!! I am seriously praying hard for business.

I went to this Bank's Headquarter opening this morning and I met some lawyer friends there. As I was telling a friend about me thinking of leaving this current firm, I came to know that many law firm are looking for lawyers. It gave me a shock. I thought many have came back but I was told that many has gone into private sector and/or government instead. That reminds me to inform you that a friend of mine has also gone in to government sector as a Senior Assistant Registrar. See, I just wondering why I am in where I am now...

I hope I will have a good rest this coming 'holiday' though...

- exciting week ahead -

A thought of life ...

I read a friend's blog lately about 'what if'. She mentioned about what if she choose A instead of B years ago and would the result and consequences would be the same. That reminded me on a series of books I read when I was young. The story of the books will come to some point where you are needed to act like a detective and make certain decision. Say, if you choose answer A, you are require then to flip to page 5. If you choose B, you will have to flip to page 7 instead. After page 5 and 6 of the story, you will be asked which direction to choose again. All clues will be given in the story. I remember we will definately made mistakes along the way but it doesn't mean when you made the first mistake, you will end up failing to catch the bad guy/the murderer. The book allow us to make a few mistakes. It's interesting book to read.

I guess this book has somehow gave me an understanding that our lives is also the same. It's planned. Destined. But sometimes along the way to reach the final point, we might have made mistakes, we might have gone through difficulties in 'choosing' which step to take, etc...but God will not 'punish' us just then and there to make us 'failed'. He will somehow direct us, guide us through. It is important that we continue to read the story again thoroughly, carefully and with details so that we can make a correct step in the coming chapter. It is not right that once we knew that we make mistake and we left it without finish reading it. I remember the joy and satisfaction when I managed to catch the bad guy/murderer at the end, despite the mistakes I made (sadness) and the toughness of reading the story through to find out the weak point.

We do need courage to take up the challenge and walk, despite what we faced in the previous chapter of life. We can't stop. We shouldn't stop moving. For those of you who went through some piano examination, you probably remember that you are not allowed to stop when you make mistakes. The clock will still ticking, the beat of the song will still counting... once mistake is made, you just need to continue to play. If you failed to continue, you will definately fail. So as playing musical instrument in a band. You made mistake, the whole team won't stop because of you. You have to pick it up from there and continue. Though there will be an ugly sound for that 1 or 2 seconds, but once it's picked up, the music it made will made people forgot about the 1 or 2 seconds and instead, people will praise you for not stopping there and also made things went well at the end. So, it is not important how things started, but it is important of how things ended.

If you are at the 'mistake' point, may be it is time to pick it up there and then and continue ... to finish the race with praise and satisfaction.

- a thought of life -

Priority...

"I am lost!!!" That's what I am 'suffering' from since 2 days ago. Wondering and pondering over the issue of 'meaning of life'. Well, many told me that we will have ups and downs in our lives and that what we need is to hang on to it. Some still, constantly remind me that in order to have a good and better life, we do need to sacrifies and go through some difficulties.

Some of course recalled what kind of life I had since years ago. Some even understands the difficulties I went through, the struggles I struggled through, the pain and suffering, the finances crisis, etc. etc. that I went though. For that, they would remind me that God is faithful and He will guide me through.

A friend even told me that it was the process I went through that matters and not the reward that I am suppose to get today that matters. Since the day I posted the subject "Giving up" in my MSN heading, I received lots of encouragement without asking the reason why I put such a subject, telling me that I can have a rest, but not giving up. I thank all of you for your wonderful heart, love, care and has been a great encouragement to me for these few days.

Well, as I was pondering of the issues of meaning of life, I was again reminded of the word 'priority'. Some people arounds me might have earn double or triple of what I am earning today. Some people might have achieved certain level in their work place which I probably won't even have a chance to reach that stage. Some people might have got material and immaterial belonging which I might have no chances of. I might be able to get many money if I continue to work in this international firm that I once attached to, and I might have been married long ago if not because I put God first in my life. I might have been gaining what I want, got my CLP earlier if not because I put God first. But that's not the point. What I need and what my priority is, that I will continue to put God as my first priority. Because I put God first, I put everything behind it. So, be it I am poor, I would still be happy if I have God alone.

It's a challenge really to stick on to this firm for another year. I might end up having a miserable life (monetary terms and financial definition) if I continue to stick on. I might end up losing more chances, being laugh at, etc. etc. But I am willing. Willing to lose everything for the Lord, thought my heart sore when I thought of this. But there's one thing that I am sure of. That He will not leave me or forsaken me. He will bless me and guide me through. That, I am sure. So, ya... once priority is set, I just need to trust and obey.

Therefore, if you have time, pray for me...

- priority -