Sunday, July 09, 2006

Below the age of 18...

It's such a blessing where I found someone who is from Tawau that's familiar with one or two of the shopping centre here in Kota Kinabalu. The KK people wouldn't know what does a Tawau people is looking for in the city. The added point is that this friend is also came back from oversea and Kuala Lumpur. So, she brought me to a shopping centre, accompanied me to watch the 'Tokyo Drift". I happily bought 2 tickets, one with RM2 discount because my friend is a student still. I then went around the shopping mall trying to get what I need. Then we headed to the cinema. On the moment I entered the cinema, I saw many young people arounds. Obviously, I didn't doubt it until my friend told me that this movie is not suppose to be watched by those below the age of 18. I looked around the cinema and found that, 90% are below the age of 18. In front of me, were 3 kids aged between 6 to 11. Besides me also some young people aged around 16 to 17. I was shocked to know that the cinema personnel doesn't really bother about that. I asked my friend if this movie is really not suitable for those under the age of 18 (since this is her second time of watching the same movie), she was of the opinion that it better not to be watched by those under 18.
A cinema, operated in one of the BEST shopping complex in a city, the capital of Sabah and they are not following the instruction of the government and they obviously breached the law. Is the government, the custom, the authority is going to take any action against them?
Let's not talk about who will take action against who. Let's talk about those parents who bring their children into the cinema and watched movie like that. I just can't seems to understand the way the parents are thinking. May be they really taught their children well and that they are able to handle their emotions, etc... I am not judging their technic of upbringing a child. But I am just concern what these children will turn into for themselves, for the family, for this society. To many, these is not as serious as what I am of opinion of. However, I do have a research record said that most criminals committed crimes because of what they bear in them for years since their childhood. I guess, this... you can't deny. So, parents... if you do not know how to upbring your children, may be it is time to ask for help.
- unbelievable -
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Just before I end this blog, I just want to congratulates my dear friend, Rev. Ho Kee Chung for being ordained as Deacon this evening.

Thursday, July 06, 2006

"Nuisance"

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.
- disappointed -

Improvement!!!

When you get older and older, especially after your univeristy, I guess most of us don't really wanted to improve ourselves. We would sit back and relax for the purpose of 'enjoying' our lives. This happen majority to female rather than male as the male sometimes is forced to improve themselves to catch up with the 'world' so that they can 'polish' their bosses shoes clean and shinny. I met a lot of people in KK ( I am not sure if KK represent the whole Sabah...but I would think so) are relaxing themselves with what they have. They are easily feel contented. Female will feel life is at the peak when they got married. Male will feel contented when they got married, have money and power in their work place. Then they will stop thinking to improve themselves.
That is the reason why the older generation is to be said: OLD FASHION!!!
I brought my little blue ( my lovely car) to the service centre this morning. I wanted it to be fixed nicely especially the stereo. I had difficulties receiving signals after my last service in KL. I did went back to the service centre in KL but the technician said : "Oh... out of 10 customer, 8 will tell me they have the problem, I can't do much about it. May be you can try changing the stereo to a better one?" I took his word but was not very convinced. Thereafter, my little blue sailed over South China Sea and came to Sabah. This is it's first service in the wonderful land of Sabah and therefore, I told the customer relations personnel that its stereo might need to be fixed. I waited in that centre for about 3 to 4 hours (they promise me should be 1 hour or so) and just before I lost my patience, this personnel came to me and said: "Miss, we finally found out what happen to your stereo. It is nothing wrong with your stereo, it is your antenna. I think, your previous technician didn't put your antenna to a right place and that caused it hit the air-conditioning operator and it is about to cut the antenna. It's so shocking to receive such news as it is truely the technician's negligence.
As I was reading a book entitle : Medical Negligence law in Malaysia, I had a lot of thought about negligence. But like what the book said, in Malaysia, not many people know who owns a duty of care of who. I bet not many Malaysian know what kind of duty they have for their 'neighbour' (Neighbour is defined in my previous blog) . Hence, you can see the law is not enforced well in Malaysia. As a prudent driver in the road, I believe many of us do not know what is our duty of care and who does we owe our duty of care to. I almost met a car accident if my friend didn't shout for me to stop the car. It's my way and this car came out from a small junction came out no matter how with my car just in front of him. He didn't even want to look at me. I didn't horn him or do anything thought because I was quite sure he saw me and that's why it never crossed my mind that I have to stop. Upon turning, the car was slowly driven by the driver. I guess he really has nothing to do this afternoon. I tried to follow the car patiently. When we turned to a 2 lanes highway, I was on the left and the car was on my right... when I just about to over take the car, the car suddenly moved to the left and almost hit me. I horned of course and he look at me without a smile, but holding a cigeratte with one of his hand and driving in a lay back position really made me frustrated and it's my friend who start scolding and wanting to know his car plate number, etc... I am calling the driver driving negligently, but I think, the driver does not know his duty to the other drivers and hence, he shouldn't be given a driving license at all. I call that driver driving in a reckless manner. I do not know what you call him, but I will say besides recklessness, he is a nuisance to the public, to the world.
What is nuisance? ... I will furnish you with this knowledge on my next blog...
But for now, I do hope you are not driving without knowing your duty of care to the public or your 'neighbour'. Improve yourself...
- improvement -