Say NO to Common Bar Exam

My dear friends,

Common Bar Exam (hereinafter referred as CBE) is 'to be' imposed.

How much do u know about CBE?

Why some people are so concern about CBE???

This is due to the fact that this CBE will replace the current Certified Legal Practice (exam) which is currently only restricted to those who pursue their LLB in private institutions. The rationale why CLP is not invoked on public universities students is that pursuing LLB in public uni requires 4 years to complete but only 3 years in private. This additional 1 year in Public uni we learn professional subjects like Criminal & Civil Procedure Code, Ethic and etc.

In Malaysia, we have only around 15 law schools inclusive of Public uni and private colleges. The reason of requiring the graduates from private colleges to undergo CLP is to equip them with Malaysian Legal knowledge on account of they learn nothing about Malaysian Law along their 3 years LLB.

For Local Uni, we are learning Malaysian Legal System, we don't answer common law in exam for most of the subjects coz we are taught with Malaysian Law, we apply Malaysian cases. 4 years of exposure to Malaysian Law is far more enough than 1 year of CLP.

As far as we concern, there's no problem with CLP until this was raised by private institution in the year of 2000 and further proposed by Dato' Ambiga in 2006 who was the President of Bar Council at that juncture. The fact is that to pass CLP, it is undeniable not easy and due to that they have no choice but to spend a few hundred thousands to pursue their Bar at overseas (Lincolns Inn / Middle Temple/ Inner Temple etc.) in order to allow them to become legitimate lawyers.

Sudah tentu, there's no problem for those who are Kaya. How about for those who can't really afford; what to do??? Oppose CLP and propose a uniform exam for all regardless where he/ she studies.

For me, they are being too selfish! Why?

1st: to pursue law in private institution is not hard at all as compared to public uni provided u Kaya!

2: they don't require u to have 10As or 3.6 above to pursue LLB, 4 credits dalam SPM cukup laa; Again Janji Ada Duit!!!

3. Private institutions are not selective when it comes to admission coz the best candidates are admitted to public uni.

4. They can't afford to choose sebab kalau nak pilih, semua x layak; kalo x terima sape nak bayar gaji pensyarah & kerani itu pasal they select everyone Janji Ada Duit???

5. Private institutions graduates can't put at par with us because everyone knows to pursue Law in local universities u must be really GOOD; not only academic wise but also your curriculum.

6. We don't need CBE to produce capable & eligible lawyers as 4 years LLB in public uni are more than sufficient for us to know and faham Malaysian Law as compared to CLP which u learn Malaysian Law not even 1 year.

From this, it is clear cut that the problem is with Private institutions and has nothing to do with UKM, UM, UIAM, UiTM, UUM, UDM, USIM *correct me kalau ade yang tertinggal. This is not about 'tolerance', this isn't about Right To Be Heard.

I give u an analogy, when u know someone steals your handphone *Blackberry (hahaha. Sajer...) and he then asked u to give it to him, are u going to compromise and give away ur thousands of ringgit to him just because of he tells u he can't afford Blackberry??? Can he claimed he has right to express? Please la. Fuck off (sorry, m abit harsh) Don't deprive our right and further claim u r upholding your right 'so called equality'.

Halo, when I have nothing to with this problem, don't come and pull me in this trouble; this is your trouble in your colleges ok! Damn!!! Friends, I would only agree to have CBE provided Private institution practice our system of admission meaning to say, only pick the best! Not only that, they teach Malaysian law for four years, just like what we practise! If u think u r learning foreign law is so good, by all means don't kacau us!!! We say NO to Common Bar Exam.

Voices of Public Uni Law Graduates

By JR Tey
Universiti Kebangsaan Malaysia

Only BARBARIANs will burn the churh!!!

By JR Tey

I was taken aback when I was given to know that our churches are being torched. I have no idea why those people wanted to do so. I don’t think this is the best way of showing our feeling. Church is considered as ‘rumah ibadat’. Even Prophet Mohammad did not attack the ‘Rumah Ibadat’ when war was taken place. Any experts can tell me from which part of Quran/ SUnnah/ Hadith which permits the attack towards churches???

This posting is meant to share my personal understanding about Islam. Though I’m not a muslim, I think there’s no prohibition for me to understand the teaching of Islam.

The so called Holy Book in Islam namely the Quran lays down the principles that help Muslims achieve salvation, become better individuals and useful members of society. Muslims believe the Quran originated with God and Muhammad was the man chosen to deliver it. The Quran is organized in 114 chapters. Compiled 14 centuries ago, its original text has been preserved without any changes. It recognizes the Jewish and Christian faiths and teaches respect for the followers of these sister religions. The Quran recognizes the truth contained in the doctrines of Judaism and Christianity, and it confirms Abraham, Moses, Jesus and others as true prophets who preceded Muhammad.

Muslims grow up reading the stories of the biblical prophets Noah, Abraham, Moses, Isaac, Jacob, Joseph, Jesus and others in the Quran. The Quran is not anti-Christian or anti-Jewish, and it teaches tolerance and is explicit in directing its followers to respect all other faiths. The birth of Jesus to a virgin mother is narrated in the Quran and is a part of the Islamic belief. Mary is the only woman mentioned by name in the Quran. "Oh Mary ... God has chosen you above all the women in the world" (Quran 3:42).

The Quran regulates every phase of the life of a Muslim in religious practice, culture and morals. It contains directions for the leaders as well as for the common man, for the rich and the poor, for war and peace and for spiritual as well as the temporal. It speaks of the rules relating to social life, commerce, inheritance, marriage and penal law. It lays down the principles for the tenets of Islam. Through the Quran, Islam teaches moderation, tolerance, love for fellow humans, justice, fairness, compassion, spirit of sharing and respect for all faiths. Demanding equal rights for all, regardless of race, gender, ethnicity, social status or religion, it teaches respect for all faiths. It harkens its followers to be useful citizens and to answer the call of conscience.

I got a chance to speak personally with an Islamic expert during a forum some months ago, he is a Professor from one of the universities in Pakistan and he told me that Muslims recite Quran during the five daily prayers. Some Muslims understand it and apply its message in their daily living. Moved by its verses, most people are enthralled to hear and recite it as the Holy Book, but fail to apply its message in their daily lives. Many who read it don't understand its meanings or follow its spirit in their daily practice. Some have relegated it to reverence and respect and are content listening to it in weddings, funerals, birthdays and ceremonies. Some principles are explained while some are interpreted in separate bodies of writings. Many interpretations are complementary to the peaceful and noble teachings of the Quran, but some are not. Subject to interpretation and difference of opinion, some teachings have been taken out of context or literally and have been exploited as a pretext to foment extremism, fanaticism, violence or discord. I believe Islam will be seen as so ‘negative’ when Islam is misused.

"The Messenger will say: Oh my Lord! Truly my people have taken this Quran for just foolish nonsense" (Quran 25:30).

I wish all of us regardless of religions and races, please respect others' religion...

Thank you so much...

How would you define “disappointment”?

How would you define “commitment”?

How would you measure & justify “commitment”?

What is “effort”?

Am I committed? Indeed……

Am I that strong? I have no choice but to make myself strong……

I do not know what am I doing is the best for myself but I know it is always better than doing nothing……

God created humans with feelings, though there is no complaints from (u)? ? ? I do sense your disappoinment from your face.......

I mean it, sorry......

Forgive us......

This posting is meant to appreciate them whom have assisted us so much in the problem. Sayuti & Pn Adlina have been so committed in guiding us. Thanks Sayuti, especially for your book and notes. Thanks Dr. Anowar for his opinion on investment issue. Dr. Rohaida has been helping us on self-determination a lots. Dr. Salawati, your view on investment part is much appreciated. Mr. Aziz, seems to be our spiritual leader. U're the perfect one to be our motivator. Dr. Zuhdi, we really appreciate you so so so much. A big clap for u, U have accompanied us until 1am on the submission day; your guidance is so so so so so much appreciated. Last but not least, our dearest Dr. Faridah. Dr Faridah, notwithstanding u just got promoted u be with us always. We do understand the nature of your job, ur workload must be like a mountain. Nonetheless, U have come to us so many times. U were doing research for us until 1/2 o'clock late night... Eventhough you bear many responsibilities with you, you never neglect us. U have given us to assess the printing & photostating facilities. The funny part is we go to the office almost everyday... The best part is we have known all of the staffs in the admin office now. Hahaha...

THANK YOU SO SO SO SO SO MUCH..........................................................

I always believe, we have the most committed lecturers compared to others........

My best regards...

STUDENT INVOLVEMENT IN UNIVERSITY MANAGEMENT

Faculty of Law, Universiti Kebangsaan Malaysia
Tey Jun Ren (J.R.)

In Malaysia, we have Universities & College Universities Act (1971), it is a piece of legislation which governs the establishment, maintenance and administration of our universities. By virtue of Section 15 & 16, it never infringes the students’ right of participating in the management. Notwithstanding the nice piece of legislation, the main concern and inclination of the universities are more to the enhancement of the study quality and facilities in the campus. The role and contribution of students to the governance of university departments is a relatively neglected area of inquiry. In Malaysia, student leaders experience a complex motivations and conceptions of the representative role and were particularly sensitive to the perceptions and expectations of academic staff. Role ambiguity was the greatest challenge reported by student representatives, and the overall effectiveness of the role was perceived to be reliant on the willingness and ability of academic managers and staff to engage in constructive dialogue with students. Indeed, the universities managers tend to perceive that their decisions are always the best for the students. By all means, none of any universities will implement or impose a system which is harmful to the students. Nonetheless, what we matter is the effectiveness of the implementation of such system. In determining whether a system works or in contrary, the crucial part is whether such imposition brings a positive impact to the students. It might sounds so “perfect” theoretically, but in practical it does not work. Therefore, it is very important to have an amicable solution and it is argued that universities need to adopt a more proactive approach to the development and support of students. Apart from that, the university should listen to the students’ voice. “Listen”, in the sense that not only a mere discussion with the students but to study thoroughly the issues of which being raised by the students.

English should be a "must pass" subject...

As to Tan Sri Muhyiddin's statement on whether English should be a "must pass" subject, I shall fully support on which statement.

The ministry's decision would definitely be very crucial to determine the future of Malaysia education system. Should this policy does implement by the Ministry Of Education, I do believe that this would probably benefit Malaysia and its Malaysians.

This simply denotes Malaysians are heading towards Vision 2020. Basically, we get the responses of which most people seem to be objecting this policy as they did to PPSMI. For the people who oppose this coming-up policy and the PPSMI, they should not be narow minded in which they have neglected the importance of English in fighting for national language. This shouldn't be. For God sake, they could only be the Hero in our country but never the one who can speak up in the international forums Or conferences. Why? People around the world have yet understood and spoken bahasa Malaysia widely, so as to convey Or deliver some msg from our country, by all means, Malay could not.

Futherance, the opposition never brings some examples of those 1st countries of which Korea, Japan where they use their own national languages in their government system this is due to we have yet reached the level of where people from the world have to learn and obtain something from us such as our technologies, knowledges and so on. Our atmosphere is unlike Japan and Korea. I do not mean we have to use English forever but we have to understand and wake up from the dream. We shall first utilise English by mastering it as to compete with others. We adopt the technologies, the knowledges and we further transform it! This is what Japan- Toyota did. Toyota was not the first automaker in the world but Benz did. Should we observe the reality, Toyota is ahead of Mercedes Benz. Adopt and transform, this is the principle we have to follow and obbey! Malaysia can be ahead of others if we work hard!

In course of this, they(opposition) virtully oppose thes policies (PPSMI and coming up English-"must pass" subject) is tinged with they worry of the rural areas students as they couldn't catch up the English. If so, when are thet going to catch up??? I they think this policy is cruel, what can further let them to improve their English???

Hence, do think and consider in a mature way before oppose something which really benefits the nations and could lights up the future of Malaysia.

They should not forsake English. Foresee the future and lets implement it!

Bankruptcy...Insolvency... What's that???

I was approached by a Client wherein whose case is about Insolvency & Bankruptcy matters. I further did some research on bankruptcy Act and spoke to the Insolvency Department Officer.

Basically, Insolvency is differ from Bankruptcy. An act to refuse to pay Or unable to pay the debt of the Creditor is said to be insolvent, and this might constitutes to Bankruptcy. A person is said to be Bankrupt only when he Or she is declared Bankruptcy by the Court through an Order. This Order is due when The said Creditor files an petition to Court. However, there are so called "Rules & Regulations" where the Petitioner needs to obey & follow and these said Rules are governed under Bankruptcy Act 1967.

The petition shall come effect commencing the Grant of the Order of Bankruptcy. This Order might sounds "Protective" To the Debtor as No creditors to whom the Debtor indebted in respect of any debt shall commence any action Or legal proceedings against the Debtor. However, the weather isn't stay nice & windy for the whole day, it always come with rain. Similarly, the "Protected" Debtor would probably loses all his rights on his property's affair. Every single of his assets com into the hand of the Director General of Insolvency. And these assets shall further become divisible among his creditors.

Dudes, never think of "Running" away from this "Protect". Never think of imigrating to other countries as u might think that probably will free yourself from all liabilities. Why? This is simple because the Court can at any time detain u and the Court can commit u to Prison unless u give a security where u promise not to leave the country.

However, we have to remember that the above mentioned situations are due to personal bankruptcy. There is also the other type of bankruptcy where it will sense more "protective" to the Bankrupt. This happens when a receiving order is made against a firm in the firm's name the Court shall not adjudge any person bankrupt as a member of the firm unless such person is proved to the satisfaction of the court to be a partner by his own admission or by evidence of oath.

Court???... What do people feel about Court?

2day, i'm approached by an old lady where we act as her Solicitors to take charge of a matter of which Probate matter. Basically, we need to file a petition to High Court to get a so called Grant Of Probate before the lady could legally execute her husband's (deceased) property. So, I had a conversation with the lady for almost 40 minutes, I was not surprised when she asked us how long should this take about as she handed the similar case to her previous lawyer and the lawyer drag about 2 years. By all means, she was quite angry & unsatisfied with our Court System.

Generally, people are not sure what is the "Court" and to what extend The Court has its power. Additionally, people do think that Court is the place where Criminals are taken to be tried. Similarly, people refer the Court to the Criminal Court. Perhaps, we do have Civil Court System. This means that initiating Or considering initiating court proceedings involves an automatic sense of being involved in wrongdoing and a fear that no one may somehow be punished. The Public has always bear in mind that "I have never had to go to court because I have done No wrong, Thankgoodness". Furtherance, people always question "Do you think you would get a fair hearing if you went to court?"... "Do you have confidence in our Court System?"as we are always told that there are many Corrupted Judges sitting on the bench despite enjoying their Judge's lives.

For God Sake, this is the negative perception of the Public on our Judicial System. However, in real world, Court is the right place where we can seek for Justice. Let say, the Government corrupts, the Rule makers worse, the only hope left to us is our Court. No matter what happens, Court should never fell in Darkness. Fairness would definitely be the Doctrine of which the Court should upholds until... No end... "I might sound biased to the Court?"

One more matter which I like to touch on which is the "hearing" of Court Case. Generally, Public has the sense that the proceedings of the Court are very interesting where they are Plantifs and Defendants arguing on behalf of their Clients. In some circumstances, I must agree with u that the Arguments do take place but believe me, Proceedings are never the same as we watch in TV & dramas. Speaking frankly, it is quite boring! This is what I could vomit out after I attended some hearings in Courts.

Hence, people shall understand despite knowing our Court more in detail. Perhaps, legal field people may liable to take up this responsiblity? We don't want people have the thoughts of which Court is only refer to Criminal Courts solely...

Ong Tee Kiat should step down!!!...

29th April, he is seem to be so concern of the PKFZ-Port Klang Free Zone scandal.
He then instructed PWC to release the audit to the public within 7 days.
A week after such instruction, He delayed the disclosure of the report on PKFZ.
Today, 21th May... He said he will leave it to the Cabinet to decide whether to reveal it to the public!!!...- It's UNBELIEVABLE!!!...

What is he doing? Being the President of MCA, the Minister of the Transport Ministry... His deed isn't what he says...

We want to know what is going on with the PKA. Why the costing of the Port Klang Free Zone transhipment hub project is ballooned from

RM1.8 billion in 2002 under the then Transport Minister, Datuk Seri Dr. Ling Liong Sik (with the Cabinet given the assurance that not a single sen of public funds would be needed as it was a viable and self-financing private project);

to more than double the original cost at RM4.6 billion under Datuk Seri Chan Kong Choy as Transport Minister; and

to the current frightening figure of RM12 billion under Ong.

There were so many questions in regards of this scandal!... One of them is the questions where there are some individuals had acquired the land where PKFZ sits now at RM 3 per sq ft in 1999 and the Port Klang Authority- PKA later acquired the land at RM 25 per sq ft.

Before, this scandal has already caused Tan Sri Chan Kong Choy dropped out from the 308 General Election and subsequently lost his job largely due to the way he handles PKFZ scandal.

I really don't understand what is so secretive about this audit?

Does this Scandal involve Barisan's leaders?

We have the right to know what is happening! This right shall not be deprived!... We want to know where has the billions of ringgit gone!!!...

Is good not to drop into Pakatan's trap...

Its good duly the Barisan Supreme Council's decision not to contest the Penanti by- election.

Obviously, we can adjudicate that this is only the manoeuvre being "played" by the Pakatan as to settle their inner problem, why shall Barisan mad together with them? Despite, Tun Dr Mahathir keeps presurring Najib not to give a free ride to Pakatan. In some circumstances, Barisan should contest as to show Barisan is able to fight whatsoever challenges. However, all aspects shall be taken into consideration. Playing Political Game isn't the right way to serve people. Though it is the process of practising the Doctrine Of Democracy but our nation's economy should be put at the very first place. The government especially the Barisan should focus most in boosting and restrengthing our economy. As what people say, "Prepare an umbrella before it rains". Restructure our economy, financial system as to assure that Malaysia's economy is secured!

We dare not and do not want something of which happened in US come to us. Since 2008 subprime mortgage crisis, The Biggest Bankruptcy ever filed in US history of which was the Lehman Brothers with its assets before bankruptcy was USD 690 billions follwed by Washington Mutual- 320 billions, and the lately bankruptcy suited by Chrysler- 39billions. Subsequently, the World Biggest Automaker, General Motors might be facing the same fate. How sorrow when our parents lose their jobs, how are them surviving?

Therefore, our brilliant government should take a good move as to ensure this is evitable.

Relaxing Weekend...

Without notice, time pass so fast...There's been the 2 weeks I do attachment at LING YOKE HOOI & Co. Today, Saturday... It's quite relaxing...but though I need not to do attachment but I still have to give tuition by 6pm....

Haha...

Hope u enjoy well your holiday... Beware of Swine Flu as It has 1st reported yesterday!