Sacrifice

I looked up at my Oxford Dictionary online on the word 'sacrifice' just to make sure that the situation that I am facing today means 'sacrifice'. hahaha...

Well, here's the definition given:

• noun 1 the practice or an act of killing an animal or person or surrendering a possession as an offering to a deity. 2 an animal, person, or object offered in this way. 3 an act of giving up something one values for the sake of something that is of greater importance.

• verb offer or give up as a sacrifice.

...

I am kind of speechless since last week when I came to know that 2 of my cases fell on my 'holiday' dates. One is on 31st of January and another one on 7th of February. Four friends together with me managed to purchase RM0.99 ticket to go to Tawau. As I come from Tawau and they never been to Tawau, we are all excited about it. However, just a week before the actual date, which is TODAY, I realise that I can't go. Some might just said, it's all MY choice because I can choose to ask someone to 'stand-in' the case for me or even ask my partner to go on my behalf. But I choose not to. Mainly because it's my client and it's my duty. Well, may be I am too responsible for everything that is in my hand. May be I should 'share' my 'burden' with my partner? haha.... now this something I do not wish to explain here. I am so reluctant to 'share' anything with my partner lately. After all, this is MY DUTY and RESPONSIBILITY.

So, yes... all my friends arrived in Tawau. They just text me a while ago. I hope everything is fine and that they enjoy the trip.

It's duty and responsibility that made me sacrifice a lot of things all these while. I shall say, these 2 elements brings 'committment'. Committment, according to the Oxford Dictionary means, 1 dedication to a cause or policy. 2 a pledge or undertaking. 3 an engagement or obligation that restricts freedom of action. Well, all these... require you to understand, acknowledge and fulfil your duty and responsibility.

I, an advocate and solicitor. Hence, I have the duty and responsibility as an advocate and solicitor. Duty for my client, duty for the court, duty for my partner and duty for my own firm. I am practising under the style of name of my firm. Hence, I have duty and responsibility towards my firm. As a cell leader, I have certain duty also. Duty to take care of my members, duty to lead cell group meeting every week. Duty to my Rector, Duty to serve, Duty to the Lord, etc. etc. As a worship team member, I also have a few duties that needs my attention and commitment. For example, duty to be there when it is my turn to play, duty to make sure that i do not make noise during sermon, duty to make sure that I dress properly when i am on duty. Duty to make sure that I do what I should when I am on stage and down the stage, and so on. As a daughter, I have a few duties too. Duty to take care of myself, hahaha... duty to take care of my parents, etc. etc. As a sister for my brother, aunty for my nephew and niece, I do have duties as well. Everyone has different kind of duties. A husband or a wife or a mother or a father will have different duties. A doctor, a lawyer, a clerk, a shopkeeper, a banker, an accountant, a security guard, whoever we are, all of us have different kind of duties. When these duties are acknowledged and understood and performed, it does required commitment. When commitment took place, it will certainly involves sacrifice. For and example, if you are a mother, although you like to be a lawyer working in the law office, but you have to sacrifice your job because you have to take care of your children.

If you follow my blog constantly, you will remember that my clerk has failed to realise her utter commitment. She wants both, job and taking care of her children. She therefore brings her children to work. I hope you don't do the same mistake.

So, whenever you tell yourselves you committed into something, do make sure that you understand that it involves sacrifice. You will sacrifice a lot of times, energy, fun with friends, parties, etc. etc. If you are serving as worship team member, so sorry to say, you have to sacrifice your Friday evening for practice. Or even more than that if you are not a good musician. If you get what I mean.

All these, involves sacrifices!!!!!

- sacrifice -

Attitudes?

I am really not sure if it is the problem of attitudes. I really don't. What happen? Well, let me tell you. I woke up and found out that it was raining heavily. It's Sunday morning today... and the feeling is just not good when it's raining on Sunday. To many, it is good because they do not need to rush to work. But to me, ghoosh... it's so difficult to get myself wake up and dress up for Sunday service. I always do not have an umbrella until last month where a friend helped me to get one. Well, so this morning, I was happily going into my car with my umbrella thinking that for the first time, I do not need to worry about getting myself wet or being caught in the rain. Yes, i arrived in church 'safely' and without getting myself wet. Trust me, this morning's rain was really really really heavy. So, I am very happy to have this umbrella.

As everyone left their umbrella outside the Sanctuary, I also did the same. In England, we did that either. We don't carry our umbrealla inside the Sanctuary. So, without any thought, I left it there and went in. Got myself prepared for the service, got my guitar set up, got my things prepared, got my seat and yes.... I was happily attended the service. Wonderful sermon as it has reminded me a lot.

After the service, I went out, and ya... I found out that my umbrella was gone. I mean, not there. Gone. Someone took it. At that particular of moment, what was in my mind was, wow... we have a thief in our church. Someone who just finish attended a Sunday service and when he/she walked out, he/she turned himself/herself back to his/her normal self, a thief. This is outrageous. I asked myself how many different churches I have attended and when was the time where I encounter such incident and the answer was I have attended more than 20 different churches in the past 10 years, 5 for a longer period (where I do serve there) and I have NEVER EVER encounter such an incident. People or shall I say, Christian in church did not take my umbrella. I am now concern about this person. I did "curse" him/her for taking things not belonging to him/her and at the same time, I actually worry about him/her. It's very obvious that he/she didn't listen to the sermon well this morning. It's very clear that he/she didn't know the Lord and the purpose of him/her being in the church this morning. He/she has failed to please the Lord. Ghoosh... I hope he/she doesn't thik that he/she was blessed this morning. hahahaha.....

So, yes.... PEOPLE, HUMAN BEING... One umbrella and he/she is in hell. Ghoosh....!!! That has reminded me of how many LOST SOUL in the world....

- attitudes? -

Defamation.

For those of you who read the newspaper and realise that the issue of defamation was raised recently with regards to whether it can happen in blogs, in homepage, etc... well......... you might ponder over the points that is stated in the newspaper and question the same question , i.e. what amount to defamation. Hmm... well... If I am not mistaken, I did touched this issue in one of my previous blog. However, may be I should just give you a bit of information about defamation here.

What is defamatory?

In the case of Sim v Stretch (1936) 52 TLR 669, it states that "Defamation consists of the publication of material which reflects on a person's reputation so as to lower the plaintiff in the estimation of right thinking members of society generally, or which would tend to cause him to be shunned or avoided.

As such, vulgar abuse which is spoken in the heat of an argument, was intended and understood by the people who heard the words as mere insult, is not defamatory according to the case of Parkins v Scott (1862) 1 H & C 153. However, it will depends on the manner in which the words were spoken. In this instant, the defendant must prove that a reasonable man would not have understood his words as defamatory rather than abuse.

According to the case of Dunlow Rubber Co. Ltd v Dunlop [1921] 1 AC 367, a statement is defamatory if it exposes the plaintiff to ridicule or contempt, even in the absence of an imputation of misconduct.

Elements:

1. The defamatory statement must refer to the plaintiff althought it need not be express nor have any key or pointer in the statement to indivate it is directly refer to the plaintiff.

In Morgan v Odhams Press Ltd [1971] 1 WLR 1239, it states that special facts which are known only to certain readers which would identify the plaintiff satisfied the first element above.

In Hayward v Thompson [1982] QB 47, it states also that where a defamatory statement does not refer to the plaintiff, he is entitled to rely on a subsequent publication by the defendant identifying the plaintiff with the defamatory words.

In general therefore, a defendant is liable for work of fiction which is reasonably understood to refer to the plaintiff, even if the author did not know of his existence.

2. Publication

The defamatory matter must have been communicated to some person other than the plaintiff.

Where defamatory matter is contained in a book, a journal or a newspaper there will be a series of publications. In this instance, it includes Internet, Blogs, Homepages, Website, etc. etc.

Now, some of you might ask what is Libel and what is Slander. Let me give you a little definition of both of it.

Libel: A defamatory statement which is in a permanent form such as writing or pictures, or even a waswork figure (Monson v Tussauds Ltd [1894] 1 QB 671.

Slander: A defamatory statement which takes it form of spoken words, gestures or mimicry.

The different between them is between permanent and transient form.

For example:

Dictating a defamatory letter to a typist is probably slander but when the letter is published to a third party, it is libel.

Forrester v Tyrrell (1893) 9 TLR 257 states: someone who reads out a libellous letter to a third party commits libel and not slander.

Broadcasting for general reception by either radio or telvision is libel.

Films with accompanying sounds are libel, at least so fast as teh visual part is concerned. (Youssoupoff v Metro-Goldwyn-Mayer Pictures Ltd (1934) 50 TLR 581.

Another differences is that Libel is actionable per se, without proof of damage, whereas in slander the plaintiff must prove special damage, except in four types of cases as follow: -

(a) The imputation of a criminal offcen punishable by improsonment in the first instance, as opposed to the possibility fo imprisonment for the non-payment of fine, as in Ormiston v Great Western Railway co.[1917] 1 KB 598;

(b) The imputation of an existing contagious disease, including veneral disease, leprosy or plague;

(c) The imputation of unchastity or adultery to any women or girl; and

(d) An imputation as to the plaintiff's competence or fitness in any office, profession, calling, trade or business.

Special damages means the loss of some temporal or material advantage which is either pecuniary or capable of being measured in pecuniary terms.

As of other laws, there are defences that is available for the law of defamation.

1. Truth (or justification)

The defendant can prove that he is honestly and reasonably belief that the statement was true.

2. Privileges (which I do not wish to elaborate this point here, it's too lengthy) : Absolute privilege, Parliamentary proceedings, Judicial proceedings, Official communications, qualified privilege, etc.

3. Fair comment

The defence of fair comment protects honest expressions of opinion on matters of public interest. Just as what our Prime Minister stated, that according to our freedom of speech stated in Federal Consitituion, therefore, this defence is very much important. Althought we do exercise freedom of speech in our country, but the following much be carefully observed.

(a) It must be a comment on a matter of public interest;

(b) It must be a statement of opinion, not fact; and

(c) It must be 'fair', which in this context means honest.

What is public Interest? Public interest is whenever a matter is such as to affect people at large, so that they may be legitimately interested in, or concerned at, what is going on; or what may happen to them or to others; then it is a matter of public interest on which everyone is entitled to make fair comment.

What is 'fair' comment? According to Cohen v Daily telegraph Ld [1968] 1 WLR 916, to be fair, comment must be based upon true facts which are inexistence when the comment is made. Comment must be the defendant's genuine opinion and honest.

I hope the above information is good enough for you to understand and examine if you blog is of any defamatory to others. Well, .... if you still have question, you do know what to do. hahaha....

I only manage to give you a very brief information about the law of defamation. Of course there are lot of details which you might want to seek advice from a qualified person (Advocate & Solicitor) instead. Just bear in mind, the above information is just for your pleasure reading and understanding. Doesn't in any way, trying to solve any legal issue that you might be facing. If you do have a legal issue, it's time to look for a lawyer or Advocate & Solicitor if you are in Malaysia.

As a reminder also, that... think twice or even trice when you write something on your blog. hahaha....

- enjoy blogging-