i still remember, a few weeks back as i was flicking the remote control, i had the opportunity to watch something on animal cruelty...in Thailand, endless effort is being done by the volunteers to save the unfortunate gibbons that were forced to drink alcohol and sing in clubs, for one obnoxiously uncivilized reason : to entertain the tourists!

To have to listen to those people who confidently claimed that their tones sound like Freddy Mercury in the American idol audition is already emotionally and physically (to the ears of course) torturous!! what more can human expect from gibbons!! Despite the existence of the law prohibiting such acts, still, quite a number of cases being reported on daily basis.

and yesterday, i came to know about the SPCA (Society for the Prevention of Cruelty to Animals), an organization that has been quite vocal in promoting awareness and addressing its concern on issues involving cruelty to animals. SPCA responds to complaints lodged by the public on any cases involving neglected or abused animals by their owners.

being in a state of not knowing the present reality on how those animals have been badly treated by the so-called humanely human beings, the facts are rather disturbing. according to the report made by the SPCA, dogs are the most neglected and abused. they are put in small cages, denied food and water. and most of the complaints made by the public stated that the dogs are often beaten by the owners when they started barking..

i quote what Gandhi once said "the greatness of a nation and its moral progress can be judged by the way its animals are being treated".the animals, they are not like human beings, they cannot express themselves whenever they're hungry, sick or sad..but there's one thing that human beings and animal have in common, we are both living creatures created by God..and the least we can do is to treat them with love and compassion...i still remember when i was little, when a stray cat invaded my kitchen, and when i started to act hysterically to chase the cat away, my mom always told me this story about Prophet Muhammad and a cat. there was one time when there was a cat sleeping on his prayer mat, instead of waking the cat up, he started cutting half of the prayer mat so that the other half of the mat would remain underneath the sleeping cat..

my message to all of you out there, if there's any possibility of animals being abused in your area, feel free to contact SPCA, as they would take necessary steps to help those unfortunate animals. SPCA can be contacted at :

SPCA Selangor,
Jalan Kerja Air Lama,
68000 Ampang,
Selangor.

tel: 03- 42565312, 03-42535179
fax: 03-42528382
e-mail: spca@streamyx.com
open everyday :9am-4pm.

i still remember, a few weeks back as i was flicking the remote control, i had the opportunity to watch something on animal cruelty...in Thailand, endless effort is being done by the volunteers to save the unfortunate gibbons that were forced to drink alcohol and sing in clubs, for one obnoxiously uncivilized reason : to entertain the tourists!

To have to listen to those people who confidently claimed that their tones sound like Freddy Mercury in the American idol audition is already emotionally and physically (to the ears of course) torturous!! what more can human expect from gibbons!! Despite the existence of the law prohibiting such acts, still, quite a number of cases being reported on daily basis.

and yesterday, i came to know about the SPCA (Society for the Prevention of Cruelty to Animals), an organization that has been quite vocal in promoting awareness and addressing its concern on issues involving cruelty to animals. SPCA responds to complaints lodged by the public on any cases involving neglected or abused animals by their owners.

being in a state of not knowing the present reality on how those animals have been badly treated by the so-called humanely human beings, the facts are rather disturbing. according to the report made by the SPCA, dogs are the most neglected and abused. they are put in small cages, denied food and water. and most of the complaints made by the public stated that the dogs are often beaten by the owners when they started barking..

i quote what Gandhi once said "the greatness of a nation and its moral progress can be judged by the way it animals are being treated".the animals, they are not like human beings, they cannot express themselves whenever they're hungry, sick or sad..but there's one thing that human beings and animal have in common, we are both living creatures created by God..and the least we can do is to treat them with love and compassion...i still remember when i was little, when a stray cat invaded my kitchen, and when i started to act hysterically to chase the cat away, my mom always told me this story about Prophet Muhammad and a cat. there was one time when there was a cat sleeping on his prayer mat, instead of waking the cat up, he started cutting half of the prayer mat so that the other half of the mat would remain underneath the sleeping cat..

my message to all of you out there, if there's any possibility of animals being abused in your area, feel free to contact SPCA, as they would take necessary steps to help those unfortunate animals. SPCA can be contacted at :

SPCA Selangor,
Jalan Kerja Air Lama,
68000 Ampang,
Selangor.

tel: 03- 42565312, 03-42535179
fax: 03-42528382
e-mail: spca@streamyx.com
open everyday :9am-4pm.

since today is the last day of my pupillage...and after my brain was put to its maximum deliberation process, responding to Mr Edmund Bon's challenging interview question, i decided to to write 6 weird things about myself as i just got tagged by aja...(aja-its kinda hard actually eheh!)..

1) I'm terrified of animals-from the slimy little worms to gigantic horses...on various occasions when i was helping my mom preparing food in the kitchen, if i had encounters with the slimy little things playing hide and seek in between the vegetable leaves, I'd end up crying on the couch in the living room.

2) every time i have physical contact with certain objects such as shoes or sandals, id have this weird imagination that the germs were crawling up my hands.

3) i like to do things that would be seen as "macho" instead of "girlish".

4) I'm so obsessed with sleeping...it's really disturbing if i don't get to sleep in exact substantial amount that I'm used to. And it's getting even weirder that lately, i couldn't have that much time to continue sleeping as I'd automatically wake up at 8 am..(ain't that weird?-i couldn't agree more).

5) i love to indulge myself in depressive kinda songs. cheesy-bimbo-ish (paris hilton and the like cheesy weesy songs--strict prohibition rule applies!!!).

6) I sing in my sleep

--and i don't think i can get even weirder than that!!

the truth

when we talk about truth..what do we really mean by searching for the truth..because what is real about the truth is that, it hurts..and we'd rather live in denial than knowing what the truth is..and what makes things even worse is, we deny that we are in denial that, we care not about the truth...it's an awakening fact that we live in an era that confronts our conscience even when we are asleep, and it's a pity that if tomorrow would be our last day on earth, that we fail to figure out what the truth is all about...

this entry is dedicated to asma and boon ka..i just dont know why suddenly the memories that i had with these two great friends keep coming back to me... i guess after what we'd been through when we were so caught up with the work that kept on piling up in the moot room really paid of..we got to know who our true friends are, and if the hard thing that came along the way couldn't kill us, it only made us stronger...i just want you to know that i feel so blessed to have friends like you...

my 9 months chambering is finishing of in 6 days away..people around me keep asking the same question.."so..what are you gonna do after this?"..and my answers as of now are:

1) getting a good night and day sleep
2) backpacking
3) to complete my guitar lesson (gotta take this seriously..who knows one day im gonna have my own indie band:))
4) friends get-together
5) fnbkl
6) to enjoy the privilege of my profession --independence--without fear or favour--to stand for what is right

i guess these have summed up everything...

as i was driving to work today...i just can't get the above picture of Connor and his mother out of my head...recently the issue of child obesity has been intensely debated..in England, the Local Safeguarding Children Board is empowered to conduct a hearing on taking over custody of a child when the child in their area is seen to be likely to suffer any potential harm.The hearing was held under the Children Act, which places a duty on the local authority to conduct an inquiry if it has "reasonable cause to suspect that a child ... in their area is suffering, or is likely to suffer, significant harm."..indeed the law comes into play as the welfare of a child is the paramount consideration under the law.

as the parents are the ones who have the physical control over the well being of their child, it seems like every one is putting the blame on the parents when their children are not eating healthy food...and again when an obese child is discovered, the parents are being accused of self-neglect of their own children's well being...i guess to some extent, it's justified to say that the parents are responsible to make sure that their children are eating right..and to some extent it is justifiable to say that it's not the parents alone bear such responsibility as the government also plays an enormously crucial role to curb this problem.

Joe Quenan writes : "The measure of human success is no longer the life well lived but the lifestyle well lived". Obesity and diabetes has been always seen as middle-age problem..but now, it's getting even worse as the number of people with obesity and diabetes keeps on increasing rapidly among children. come to think about it, it would not be fair to do the blameshifting to the parents alone when this era we are living now is flooded with the non-stop advertising of low nutrient, high calories food that keeps on appearing during commercial breaks...which is again out of the parental control to stop those children from watching the commercials...it has become a lifestyle that is so close to us than we could ever imagine..even I myself couldn't really stop myself from picking up the phone and order those unhealthy fast food every time i found this tempting pamphlet in between the pages of my morning newspaper.

i still remember watching one of my favourite jamie oliver: the naked chef where there was one segment about jamie and his campaign to promote "eat healthy food" among school children who would only eat cheese burgers, chicken nuggets made of gross animal fat, and sausages. on various occasions, frustration was all that he got as it was really hard to even convince the school board to approve his campaign to serve healthy food in schools just for one silly reason, "the kids are not eating it". and the the second reason was the processed food was cheaper and to get the budget to be reassessed to replace those processed food with the healthier one would have to deal with bureaucracy in a higher level (the school board even the ministry).

i believe that to solve this distracting scenario, the government would have to step in and be sincere enough to deal with this problem...and the government has to be honest enough to put aside any lucrative motive on any policy if the law is said to be implemented unconditionally, and to reaffirm the notion that everything that is taken into consideration is nothing but for the common good of the people. and i believe it is the right time that we live a life rather than the lifestyle that only benefits one's economic or material interest..In the end , it is in a child best interest that he lives in a safe and healthy surrounding as guaranteed by the law.

summary judgment is no longer appealable?

In response to the above discussion, I'm very much intrigue to state
the discussion put forward by Aristotle on defining the terms
'monarchy', 'aristocracy',' and 'polity' and their perverted terms.

The Constitution, being the supreme law of the Federation would
therefore fit best to the definition of 'polity' as defined by
Aristotle as 'polity' means the type of state which rests upon a
constitution allowing the rule of the masses under the law and a
system of justice which is enshrined in that constitution.

With reference to the question that hovers around the issue of summary
judgment which is no longer appealable would in its definite term go
beyond the crux and guarantee of the Constitution itself.

Indeed the system of law serves the need and guarantee one's
protection and interest. As the system of law is derived from the need
and interest of the general masses, therefore, it is the duty of the
law to accommodate the interests and needs of its subject. The
relationship between the system of law and its subject is so
intertwined that it is in no way to operate outside the established
paradigm.

Having said the above, I believe that to decide on the question of
justice, it can never be done summarily. If a judgment has been given
summarily in the light of the general rule of law that permits such
practice, it does not necessarily mean that the door for further
recourse for law is forever closed for the unhappy party to appeal and
have his case heard by a higher court.

By being the subject of the system of law, one's right to resort to
legal medium is therefore unconditional. Therefore, it is derivative
that right to appeal to a higher court of law is also guaranteed as a
matter of fundamental right embedded in the fundamental rules of
natural justice.

To enlighten the above notion, I'd like to refer to the speech of Lord
Diplock:

" In a constitution founded on the Westminster model particularly in
that part of it that purports to assure to all individual citizens the
continued enjoyment of fundamental liberties or rights, references to
"law" in such context as "in accordance with law", "equality before
the law" and the like, in their Lordships view, refer to a system of
law which incorporates those fundamental rules of natural justice that
formed part and parcel of the Common Law of England that was in
operation in Singapore at the commencement of the Constitution. It
would have been taken for granted by the makers of The Constitution
that the law to which the citizens could have recourse for with
protection of fundamental liberties assured to them by the
Constitution would be a system of law that did not flout those
fundamental rules".

Based on the above awakening speech by Lord Diplock, it clearly
demonstrates the very objective of the Constitution in holding the
trust of the people who pledge their confidence in the system of law.
Again, I would like to reiterate my view that the very notion of law
itself means that the law acts as a medium to ensure that a certain
level of standard is achieved in accommodating the definite rights and
interests of the people. Therefore, I believe that the law itself
being a medium of determining what is just, must not confine itself to
a one-way traffic that only stops at a dead end when the law in
question is applied in its generality. This is in line with the notion
put forward by Aristotle in his discussion on corrective justice that
suggests its concern with the restoration of a disturbed equilibrium.
Therefore, the duty to correct or remedy the disturbed equilibrium is
vested on the judges to investigate the very nature of the case and to
apply a certain standard of the justice system as guaranteed by our
Constitution as to restore what is right in its own original place. As
justice is applied in its universal sense, therefore, it should not
fetter or impede one's right just because the law exits in its general
term.

When the law is provided for in its general rule, it is the duty of
the courts to apply the principle of justice to matters which fall
outside the ambit of its generality. Then only, justice is to be said
to have been realized.

-fadiah.

1st Malaysian Bar Closed-door dialogue on issues facing multi-racial society

its been a short and sweet weekend in KL...i was so overwhelmed and fortunate to be able to join the 1st Malaysian Bar Closed-door dialogue on issues facing multi-racial society...it was a great and awakening exposure that i believe each and every one of us should be part of this sincere and honest effort of the bar council towards bringing us, malaysians closer in the name of justice and humanity, through the medium of law...and in the effort of realizing the very basic principle of justice that is never alien to us, even when we have to make certain reconciliation as to remedy the differences that result to different needs and rights of certain individual of society that need to be attended to...as to ensure that one's right and need wouldn't have to be severely affected at the expense of upholding another's right..as justice is unconditional...

ive learned a big lesson that day..it all comes down to one thing..."understanding"..in order to understand..i realize that the first thing that we need to do is to be honest to ourselves so that we can be honest to others with great impartiality..whenever we have something to say because of our belief on something..we have to be honest to step forward and tell others why do we opt to think this or that way..what are our exact concerns..and why it is important for others to lend their ears and understand because i believe that justice is never meant to be conditional..its meant to be implemented and realized as it is the only guarantee towards a just society...

but as of now..all that i can see is the enormous ego of individuals to defend their stand by closing the door to even offer an explanation to others who dont seem to grasp the concept in question..even worse some individuals who just blindly follow what they think is right without doing the subject of the their concern any justice as they refuse to use a legitimate medium in establishing their premises. and i guess that's the sad part of the story...and what makes it even appalling is when they justify this in the name of the Religion when they themslves lack an understanding of what Religion is all about, and this then would lead to misunderstanding and misconception that would eventually corrupt the sanctity of the Religion itself...

to sum up, its only when we are prepared to be honest to ourselves that we can be honest to others and reciprocally..and only then we can achieve the ideal of a just society which is no longer a utopian dream....

today i had the chance to attend a seminar on the development of bankruptcy law in Malaysia held by the bar committee..and the speaker was none other than Mr. G K Ganesan...

who would have thought that the scope of the seminar would be very much relevant to morality and humanity...i was so impressed by the presentation and how it is related to this sacred practice...again..when i come to think about almost anything..we cannot isolate ourselves from the very principle of justice, humanity and morality through law..

here are a few points that were put forward by Mr. Ganesan that really caught my attention:

1) Mr Ganesan started off by saying (as per his book on bankruptcy)- "Bankruptcy starts because of credit" and in Al-Quran it is very clear that Islam in the very beginning of its teaching had banned the practice of usury/riba in its entirety.

2) 99.9% of bankruptcy cases in Malaysia involve credit card facilities.

3) why do we need official assignee in bankruptcy cases?-by referring to the early history of bankruptcy law, when a person is a bankrupt, the creditors who happened to be the rich used this as a means to oppress the poor ie the bankrupt..and as of now..under section 33 of the Act, a wide power is vested in the Director General of Insolvency to discharge a bankrupt..ironically..this provision instead of being used to protect those honest people under the disability to discharge themselves from the debt, has been abused excessively to protect highly politically motivated people, then again affirms the notion that sometimes law only benefits the rich and grinds the poor...

4) the very basic nature of the economic system of Malaysia which is dominantly based on credit is very much within the perimeter of the Jewish policy which eventually takes you out of the system and then put a new man in the system and when the new man in the system fails on technicality..he would eventually join the people which have already been ditched out of the system..with three times interest on the principal sum..i guess i understand the very notion of how this system is so much priceless to those who created the very system and use the tool of law to deteriorate the very basic principle of justice and keeping the balance within a just society...

in conclusion, no matter how much people allege us of being so rhetoric when it comes to law, its is undeniably true that we can never run away from our conscience that keeps telling us to do the right thing...