Tuesday, January 31, 2006

How To Beat A Bully

How To Beat A Bully.

Have u heard the joke 0f Saydina Umar r.a.
It is like this,everyone knows how serious he was when executing and discharing his duties as a caliph.'there was a annual sports meet between kabilah during his reign,all the kabilah took part coming from various islamic nation.He arrive as guest of honor, sitting next to him was Khalid Ibni AlWalid.
Upon seeing group of men on the sight, there was one massively built masculine man from Hafshahi ie.Sryia now.
Big,black massively huge as to compare to his size.Something like the size of Badang I suppose.
Turning to Khalid Ibni Walid his brother in arms,Syadina Umar asked him
"..Khalid is that huge blackman, god is the same as my god........"
The question raise rouses among those presence.
Being the serious Khalifah witnessing and observing in detail the personality of his subject his comment had had everyone laughing
in stiches.Knowing fully well Omar is one hell of a no nonsense amir.

Yes my man,congratulation...face it.
Islam is ilm'alhaq over ilm'alyakin and ilm an'nas.
Look every one eye to eye and you will win. Insyallah.

Quoting Zora NealeHurston
"I love myself the most when I am laughing."

Sunday, January 29, 2006

You Dont Have to Dear?

You Don't Have To .....Dear......

we don't need "ART" for a few...
we don't need "Education" for a few....
and we don't need "Freedom" for a few....

The Law Is Above You! Above Law?????


"Never Be so High the Law is Above You"
"The King is under no man but under God and the Law
because the Law make the King"


It is a good thing for the Government to be seen to be kind, caring and compassionate, but it is quite another to send the a wrong message that offenders are above the law because punishment can be postponed or ameliorated. This undermines the rule of law.THE concept of the rule of law, which is the fourth guiding principle of our Rukun Negara, can be explained in many ways. But perhaps it is best explained and summed up in the words of Thomas Fuller, who said more than 300 years ago, "Be you never so high, the law is above you."Those words were quoted by Lord Denning, the most celebrated English judge of the 20th century.It was in a case brought by one Mr Gouriet in 1977 when the Attorney-General refused to give him consent to institute relator proceedings to injunct the Union of Post Office Workers from boycotting all postal communications between Britain and South Africa as such actions would constitute criminal offences under the Post Office Act 1953. When the Attorney-General argued that his discretion was absolute and not subject to judicial review, Lord Denning had this to say, and he said it acerbically:"What is to be done about it? Are the courts to stand idly by? Is the Attorney-General to be the final arbiter whether the law should be enforced or not? "It is a matter of great constitutional principle. If the Attorney-General refuses to give his consent to the enforcement of the criminal law, then any citizen in the land can come to the courts and ask that the law be enforced. "This is an essential safeguard; for were it not so, the Attorney-General could, by his veto, saying ‘I do not consent’, make the criminal law of no effect."Confronted with a powerful subject whom he feared to offend, he could refuse his consent time and time again. Then that subject could disregard the law with impunity. "It would indeed be above the law. This cannot be permitted. "To every subject in this land, no matter how powerful, I would use Thomas Fuller’s words over 300 years ago: ‘Be you never so high, the law is above you’."I quoted too Fuller’s words in my letter to the New Straits Times (Parliament, the law and justice for all, Dec 12, 1992) during the constitutional crisis that Rulers were not above the law and if they were, it was because the law had decreed it so and such law could be changed by Parliament.This echoed the words of Henry Bracton that "the king is under no man but under God and the law because the law makes the king".Indeed it sounds really good when one recites Fuller’s words aloud, but just how good is it when you reflect upon your many dealings with our public institutions? I need only to expound on three scenarios.Have you ever heard anyone say any of these?• "If you like to get this matter approved or resolved by that government department, you need to approach A."• "If your case is before that judge, it may be wise to engage lawyer B as others will often get a shelling from the judge."Or have you ever noticed any of these?• You queue up for hours for your turn to be served at a counter in a government office when someone who is known to the pengarah just walks into his office and gets his things done in a matter of minutes.• A so-and-so person can walk in and out of that public official’s office as if it is his second home.Or have you ever experienced this?Your application is rejected but after the intervention of an influential friend of yours, it is approved. One then asks if approval can ultimately be given due to the intervention of a "well-connected" person, is the rejection of your original application not devoid of any good reason?But this is Malaysia, as many would tell you. They would also tell you that you would not be able to survive here if you want to rely solely on your ideals to make a living.According to them, we can talk and almost everything is negotiable, and we can even talk our way out of many laws.But how true are these statements?Well, I do not think they are spurious as the above non-exhaustive scenarios go to show that the way our laws are administered very much depend on who you know and not what you know. Hence if a fresh practitioner in any field cannot work through the system unless he first gets to know the official personally, then something is very wrong with our system of public administration.To my mind, if our public institutions give preferential treatment to those who are rich and powerful who possess "strong connections", then this non-legal route is against the principle of the rule of law which requires everyone to be treated equally.In other words, all persons who are in a similar position should be treated similarly; otherwise such practices will breed a culture of patronage and encourage corrupt practices in our official dealings with government departments.Affording equal treatment stems from the principle of equality before the law which is one of the cardinal ingredients of the rule of law. It is enshrined in Article 8 of the Federal Constitution which also states, inter alia, that no one is to be discriminated on the grounds of religion, race, descent, place of birth or gender unless expressly authorised by the Constitution. As Sultan Azlan Shah once said in one case involving a prince, "This equality of all in the eyes of law minimises tyranny."The next ingredient of the rule of law is that enforcement of laws requires decisiveness and finality, unless there are compelling reasons to the contrary.I have often been embarrassed trying to explain to my foreign friends why our Government is in the habit of extending the moratorium periods for traffic offenders to pay up their fines or illegal immigrants to leave the country.It has come to such a state that these offenders and immigrants take it lightly when the Government next announces the date when they will mobilise forces to apprehend them, as if another postponement to enforcement date is predictable.This is actually an affront to all law-abiding citizens who pay their fines promptly and the foreigners who did not overstay.It has become almost like a joke for an offender to say, "It is still early to pay the fine. I shall wait till they announce that discounts will be given or that I should pay by a certain date to avoid prosecution."It is a good thing for the Government to be seen to be kind, caring and compassionate, but it is quite another to send the wrong message that offenders are above the law because punishment can be postponed or ameliorated. This undermines the rule of law.In fact, enforcing laws is not in any way different from dispensing justice. I am aware of the words of Abraham Lincoln that mercy bears richer fruits than strict justice. Indeed justice and mercy are two virtues which often conflict with one another. But if the rule of law is compromised, dispensation of justice will not be possible.One should not make it so excusable for infidelity to law; otherwise as Abraham Lincoln himself admitted:"He reminds me of the man who murdered both his parents, and then when sentence was about to be pronounced, pleaded for mercy on the grounds that he was an orphan."During the nude-squat Commission of Inquiry proceedings in December, Chief Inspector Abdul Aziz Abdul Rahman, the officer-in-charge of the Petaling Jaya District Police Headquarters, when asked why accused persons had to do squats in the nude, answered that "this was the tradition or heritage" even though the Lock-Up Rules were silent on ear-squats. Likewise, civil servants in some government departments interpret internal guidelines as if they have the force of law when such guidelines are not subsidiary legislation.These are unlawful practices which are unfortunately practised against those who are not conversant with their legal rights thereby permitting the officials to act above the law. The problem is compounded when such officials do not even know that these administrative practices and guidelines already entrenched in the system, are in fact not laws.Dear Malaysians, our country is governed by the rule of law and not rule the law. No one is above the law, and everyone should be treated equally in their dealings with our public institutions. There is not supposed to be one law for the rich and powerful and another for the poor and oppressed.So, the next time anyone should come along and say to you, "Do you know who I am?" I hope you would find Fuller’s words useful, "Be you never so high, the law is above you."

*extract from NST 29th.Jan 2006*



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Friday, January 20, 2006

When - Sampai Bila ?

Bila Mana (when)

Bilamana mata melihat......
semua layu serta kaku....

Bilamana suara bergema..
akan terbenam segala ketakutan..

Bila mana telinga mula mendengar
Seluroh umat pasti dalam kesenyuman.

Tuesday, January 03, 2006

Bellinger v Belingger


OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT
IN THE CAUSE


Bellinger (FC) (Appellant) v. Bellinger

LORD NICHOLLS OF BIRKENHEAD


My Lords,
Can a person change the sex with which he or she is born? Stated in an over-simplified and question-begging form, this is the issue raised by this appeal. More specifically, the question is whether the petitioner, Mrs Elizabeth Bellinger, is validly married to Mr Michael Bellinger. On 2 May 1981 Mr and Mrs Bellinger went through a ceremony of marriage to each other. Section 1(c) of the Nullity of Marriage Act 1971, re-enacted in section 11(c) of the Matrimonial Causes Act 1973, provides that a marriage is void unless the parties are 'respectively male and female'. The question is whether, at the time of the marriage, Mrs Bellinger was 'female' within the meaning of that expression in the statute. In these proceedings she seeks a declaration that the marriage was valid at its inception and is subsisting. The trial judge, Johnson J, refused to make this declaration: see [2001] 1 FLR 389. So did the Court of Appeal, by a majority of two to one: see [2001] EWCA Civ 1140 , [2002] 2 WLR 411. The majority comprised Dame Elizabeth Butler-Sloss P and Robert Walker LJ. Thorpe LJ dissented.
In an alternative claim, advanced for the first time before your Lordships' House, Mrs Bellinger seeks a declaration that section 11(c) of the Matrimonial Causes Act 1973 is incompatible with articles 8 and 12 of the European Convention on Human Rights. The Lord Chancellor has intervened in the proceedings as the minister with policy responsibility for that statutory provision.
Mrs Bellinger was born on 7 September 1946. At birth she was correctly classified and registered as male. That is common ground. For as long as she can remember, she felt more inclined to be female. She had an increasing urge to live as a woman rather than as a man. Despite her inclinations, and under some pressure, in 1967 she married a woman. She was then twenty one. The marriage broke down. They separated in 1971 and were divorced in 1975.
Since then Mrs Bellinger has dressed and lived as a woman. She underwent treatment, described below. When she married Mr Bellinger he was fully aware of her background. He has throughout been entirely supportive of her. She was described on her marriage certificate as a spinster. Apart from that, the registrar did not ask about her gender status, nor did Mrs Bellinger volunteer any information. Since their marriage Mr and Mrs Bellinger have lived happily together as husband and wife, and have presented themselves in this way to the outside world.

Well,well...well....that the story of half an man and half a woman!
Weird isn't it!..... but with due respect wobbling doubling

in the mind is dangerous.
Concious vs Desire are two diffrent methodology in approaching.
I ...say...body and soul are miles apart it is something like water and oil,

they by nature do not blend together.
Happy Hunting!!!

Monday, January 02, 2006

Good Old Monkey

Let's Mate..............Hmmmm.........

Ho...lal..lal (Laugh and Laugh) as suppose to lol (laugh out loud).If I may I would add another word to it (lolac)(laugh out loud and clear). What's in the head line the begining of 2006.I suppose "no news is a good news"
But wait a minute,there is one catches my eyes this morning in The Malay Mail which reads,

"....Let Mate.A Five years old bride Melly and seven years old groom Bima,
orang utans from Borneo were married in a Javanese wedding ceremony at
Taman Safari in Pasuruan,East Java yesterday.The pretend wedding was held to help
the pair produce an offspring.Wild population of orang utans are under severe
threat from habitat loss,illegal logging,fire and poaching".

Well.......all I can say..the least some of Charles Darwins theory on rare spices
and population density was right!

Sunday, January 01, 2006

First Day to BHES 1966





Hmmm..........
I supposed everyone remember one first day in school
I think?
Its liked remembering the very first day of the year and every year we celebrated it.
Comes tomorrow paper with the headline, babies born on the new year.Take any newspaper in the world will be the same headlines.
Baby born,new year revellers,caught redhand live on new year I am sure ophs......some would never forgets they looses their v.... on the new year.
I saw in Oprah show some years back, Rod Steward was invited to her show.
There was this lady admmit, she lost her's after spending night out
listening to Rod's 'First Cut Is the Deepest'.
Oh.....la..la what a story ....

Well,back to the story board,

Mum enroll me to school B.H.E.S (Bandar Hilir English School) for my elementary education.
We had roti canai for breakfast,no such thing as cornflake for breakfast!!!Mum a working lady,got no time.
We marched thru' the school gate, holding tight her hands, before living the school compound and leaving me in the care of Mrs.Bala.

My goodness, I can even remember the good samaratian Mrs.Bala.

I supposed just like the southern legand band my all time fellowci Lynnard Skynnard name from Mr.Leonard Skinner the weird physic teacher.
I bet Allen Collin,Ed and Ronnie Van Zent would have a say about this if they were still alive!!!!!

Before depart mum firm words was......

"mie....didunia ini tidak ada tempat untuk orang yang tidak bersekolah......."
I can't translate what it means but let me assured you it hits me till today at 45 going 46.
That is for sure.

Back to the New Year revellers and resolution forget about if you are still 'talking the walk' or
are 'you talk the talk' or 'talk the walk'?

I took the walk to the Ibu Thein Memorial Meuseum while I was in Jakarta last 2 weeks.
To those whom does not know who Ibu Thein is,well....she's meet her lord.
She was the first lady of Indonesia.Everone knows the history.

Stepping into the gallery,a gallery full with presents, presented to her while she was the first lady by Head of States.
My oh my......the collection whooophs..........wow....
there is this massive big huge tree I reckon its Meranti or chengal,a size of a badminton court,a height a guess of at least 50 feet or more being on display.
The very least the age of the tree is 100 years old.
The amazing thing is the tree was dug deep and it roots are still hanging and left dry for the artistic effect.

The tree branches are left to natural dried.The miracle of the tree is, someone or rather a group of master craftmen was commission to crave the epic of Ramayana and Mahabrata on the tree trunk.
Yes....full story epic of the Hindu epic story on a tree trunk varnish to absolute perfect craft and presented to the late Ibu Thein as a present for X'mas. Wow.................stepping out of the gallary,reminds me of my mums firm advise on the first day in school .....
"didunia ini tidak ada tempat untuk orang yang tidak bersekolah".

The master craft who crafted that piece of epic,did really goes to school,
and school he does and no 'University' in this world would dare to challenge his ability on his
skills,patience,preserverence,deternimation on his mastercraftmenship.


But what wonder me most is why chopped down a tree to give the first lady a X'mas present????
Is that an ego trip by the giver?The taker would gladly accepts it!
It is not polite not to accept a present given but I am sure the tree hurts when it was curved
and every body looking that dammed tree.
Might be his soul would crave out loud,
'.......look at me I'm no fool no more than you do?

I say.............Free Birdddddddd..........................