陈键锋 AGAIN !!!

Aiya..the 家好月圆 i haven't finish even half of it...but there is this new show 少年四大名捕..wow..got 陈键锋..i think i like this better..hehe..

冲上云霄..saw the handsome one?

学警出更

饰徐风..the hair a bit ugly..

《律政新人王》
《凤凰四重奏》饰汪毓麟

《最后的格格》饰温良玉

End of 16 Beautiful Oympic days in China..

After watching the Olympic games in Beijing for ab 2 weeks, fr the opening at 08.08.08 to closing 24.08.08....i have to say host China did well in the whole organization of it...n hey..I am proud to be a Chinese !! ...although not China's Chinese...but dun forget..my ancestors could be from China...this make me part of it also..hehe..

This game has real a lot of Fantastic sports person...my Fav is Jamaican sprinter Usain Bolt..this man damn good la...broken 3 World records ..in 100m, 200m n 4 x 100m race..I watched each of them..he is so relax , cool n steady..but he runs like lightning speed, outrunning every competing athletes..no wonder his nickname is "Lightning Bolt", u can see a big gap btw him n the rest of them..wonder how he did it...super powers...

The next person..or was he alien?..or half fish half human...that's right..he is American swimmer Michael Phelps...I didn't manage to watch the swimming events..but that guy took part in 8 events..is a gold medallist for all 8 events..n is now a world record holder for 7 n an olympic holder for 1...isn't that amazing..n somewhat an achievement that every athlete could only dream of?...I wonder...is he gifted with god powers???


N not to forget our national hero...DATUK Lee Chong Wei...not as fabulous as the athletes mentioned above...but is regarded as great achievement for Malaysia..haiz..I am hoping for a Gold..but that Lin Dan ar...y suddenly so good...nvm la..Silver also not bad wat..the ONLY medal for Malaysia...putting Malaysia back in the medal standings after 12 years..ok la...we are proud of u, Good Job !!

Now that Beijing Oympics is over..we are looking forward to London Olympics 2012..hope our Malaysian athletes can improve and achieve greater heights!! Looking forward for more unforgettable moments n "supernatural" acheivements....

陈键锋 四大造型

TVB 靓仔。。。My Top 5!!

No. 1 陈键锋

No.2 黄宗泽

No.3 马国明

No.4 Chris Lai

No.5 林峰

AUG...

My Fav Comics....

FUNNY LAws

Is there really such a law???

Alabama
It is illegal to wear a fake moustache that causes laughter in church

Hawaii
In Hawaii you will be fined if you do not own a boat

West Virginia
No children may attend school with their breath smelling of "wild onions".

Oregon
You may not bathe without wearing "suitable clothing," i.e. that which covers one's body from neck to knee

Nevada
It's still "legal" to hang someone for shooting your dog on your property.

Iowa
Kisses may last for as much as, but no more than, five minutes.

Interesting Facts....u might not know...

1. If you are right handed, you will tend to chew your food on your right side. If you are left handed, you will tend to chew your food on your left side.

2. If you stop getting thirsty, you need to drink more water. For when a human body is dehydrated, its thirst mechanism shuts off.

3. Chewing gum while peeling onions will keep you from crying.

4. Your tongue is germ free only if it is pink. If it is white there is a thin film of bacteria on it.

5. The Mercedes-Benz motto is “Das Beste oder Nichts” meaning “the best or nothing”.

6. The Titanic was the first ship to use the SOS signal.

7. The pupil of the eye expands as much as 45 percent when a person looks at something pleasing.

8. The average person who stops smoking requires one hour less sleep a night.

9. Laughing lowers levels of stress hormones and strengthens the immune system. Six-year-olds laugh an average of 300 times a day. Adults only laugh 15 to 100 times a day!

10. The roar that we hear when we place a seashell next to our ear is not the ocean, but rather the sound of blood surging through the veins in the ear.

11. Dalmatians are born without spots.

12. Bats always turn left when exiting a cave.

13. The ‘v’ in the name of a court case does not stand for ‘versus’, but for ‘and’ (in civil proceedings) or ‘against’ (in criminal proceedings).

14. Men’s shirts have the buttons on the right, but women’s shirts have the buttons on the left.

15. The owl is the only bird to drop its upper eyelid to wink. All other birds raise their lower eyelids.

16. The reason honey is so easy to digest is that it’s already been digested by a bee.

17. Roosters cannot crow if they cannot extend their necks.

18. The color blue has a calming effect. It causes the brain to release calming hormones.

19. Every time you sneeze some of your brain cells die.

20. Your left lung is smaller than your right lung to make room for your heart.

21. The verb “cleave” is the only English word with two synonyms which are antonyms of each other: adhere and separate.

22. When you blush, the lining of your stomach also turns red.

23. When hippos are upset, their sweat turns red.

24. The first Harley Davidson motorcycle was built in 1903, and used a tomato can for a carburetor.

25. The lion that roars in the MGM logo is named Volney.

Words of Wisdom

These words are fr a book entitled "EAST and WEST SUCCINCT WISDOM for WEALTH and SUCCESS"...

Failure is often simply an unexpected situation that requires transforming into sth positive. Don't forget that America is the result of a huge failure. Columbus was really looking for a route to Asia. ---Eugenio Barba--

He who asks a question is a fool for 5 mins,he who does not ask a question remains a fool forever. Teachers open the door, but u must enter by yourself.
--Roy Allen--co founder of A&W

Failure is the opportunity to begin again more intelligently.
--Henry Ford--

星光帮 photos

another 靓仔。。but 潘裕文 better...

星光同学会 album

Yo!! 潘裕文..the 靓仔！！

星光四少

Exit of France

Dissapointing....France is eliminated from the tournament...having drew 0-0 with Romania, lost 1-4 to Netherlands and lost 0-2 to Italy...embarassing !!! With so much talent in the squad, this result is definitely not acceptable...Domenech must be sacked..his tactics highlight the weakness in the team, weak defence n clumsiness in front of goal, by conceding 6 goals but only netting in 1!!! That is absolutely not the performance expected from the World Cup 2006 finalist...clearly, France missed the leadership n creativity of Zidane, who retired from the national squad after the last WC, and also missed Vieira...

Now what we can hope is that France will become better in the upcoming World Cup..with all the younger generations coping in the team n gaining more experience after retirement of the veterans..n.. change the COACH!!! All de best to the remaining teams in the Euro 2008 tournament...not to worry, France will strive for excellence in the coming tournament..Go! Go! Go!

Karim Benzema

EURO 2008 !!!

Here comes the long awaiting event....EURO 2008...held jointly by Austria n Switzerland...n it is the 2nd most important match for europe.. after World Cup tournament...
Want to know my Fav Team? Hehe...

Yes...in case u dun know..it is France!!!

But, they may be struggling this time as they are placed in the Group of Death with strong teams such as Netherlands, Italy n Romania. Furthermore, most of the players are either old or hv retired. So, now it is up to the young ones to perform n show what they can do in this pretigious tournament. Go, go, go!!! Hope they will survive from the group n emerge to the next phase...n fight for the Euro 2008 Title !!!

FUNNY and CREATIVE AD

Have a good laugh before walking into the "scarry exam hall"~~~


SHAMPOO

CATHOLIC HIGH SCHOOL SPORTS DAY

After leaving schhol so long...I finally went back on the Sports Day...miss the school life lar..college life is so different..not as fun as secondary school...

------Foyer------

---one of the pillars---

---colourful---

---car park n block C---

-Negaraku~~~

contents of contract notes

CONTENTS OF CONTRACT Dec03 Q5, Dec05 Q4
Sale of Goods Act 1957

Sec 12(2) SOGA 1957
Condition- term of a contract, which is so essential to the main purpose of the contract, that its breach would entitle the other party to terminate the contract.
Poussard v Spiers

Sec 13(1) SOGA 1957
Conversion fr condition to warranty
If the case amounted to a breach of condition, the choice lies with the plaintiff whether to treat it as a breach of condition (terminate the contract), or breach of warranty (claim damages)
Cheow Toh v Associated Metal Smelters Ltd

Sec 12(3) SOGA 1957
Warranty- may be regarded as term of the contract, which is not so essential to the main purpose of the contract, as the breach would only give rise to claim 4 damages, not a right to reject the goods or terminate the contract.
Bettini v Gye

Intermediate Term
Terms which cannot be classified as condition or warranty. The court would hv to look into the seriousness of the breach, n determine whether the plaintiff is entitled to terminate the contract or claim damages.
Hong Kong Fir Shipping Contract Ltd v Kawasaki Kisen Kaisha Ltd

Lord Diplok- Gravity of breach Test
If the breach is that it has deprived the innocent party substantially, the whole benefit that was 2 be derived fr the contract, this would the in the eye of a traditionalist a breach of condition, if it is otherwise, then it is a warranty.

MALAYSIAN LEGAL SYSTEM

MALAYSIAN LEGAL SYSTEM
Importance of system of Appeal
v It helps achieve greater uniformity
v It provides opportunity for those who are dissatisfied by the decision of one court to hv the matter reconsidered by a higher court. i.e. gives litigants at least 2 chances to obtain their justice.
v Enables a higher court to review the decisions of a lower court, n rectifies any possible errors as to facts or law made by lower court.
v Helps to develop greater uniformity in the law as the lower courts r bound by the precedents set by the higher courts in line with the doctrine of judicial precedent.

Adv of having a court system with a hierarchy
v Results in greater administrative convenience, efficiency n cost effectiveness.
v Facilitates specialization in the judicial process.
- The higher courts which r presided by senior n experience judges handle more serious criminal offences n more serious civil matters involving larger sum of money.
- The lower courts r left to handle less serious criminal offences n civil disputes involving smaller sum of money.
v Facilitates application of doctrine of judicial precedent, which requires the lower courts to follow the decisions of the higher courts, thus achieving greater uniformity in application of law.
v Facilitates system of appeal. The hierarchy distinguishes btw the higher n lower courts so that person who r dissatisfied with the decisions of a lower court hv an avenue to hv the decision reviewed by a higher court.

SOURCES OF M’SIAN LAW
(B) Doctrine of Judicial Precedent
What is precedent?
It is one where judges r bound to follow the decisions made by their precedent in similar cases.
As long as the facts of the present case are similar to that of the old case, the judge is bound to follow the principles in the old case. If a judge refuses to follow the precedent, the decision will legally be wrong n may be overruled or reversed on appeal.

Justice Chang Min Tat said that the Federal Court accepts unreservedly the doctrine of binding precedent n expects the High Court n other inferior courts in the common law system to follow similarly.

Lord Gardiner regarded the usage of the precedent as an indispensable foundation upon which to decide what is law n its application in individual cases.

Elements of Stare Decisis (stand by old decision)
(i) Ratio Decidendi
It is the principle of law upon which the decision is based that is binding on lower courts.
Donoghue v Stevenson
The origin of the precedent- to be binding, the precedent must originate fr courts of an appropriate rank in
the same hierarchy or of a higher rank.
The contents of the precedent is the Ratio Decidendi- It is the legal reasoning of the precedent that is
binding.

(ii) Obiter Dicta
Opinion of the judges which is not directly relevant to the case.
Obiter dicta are not binding on future courts as they do not form the legal basis of the decision.
However, they may hv highly persuasive authority if they were made by influential judges of Higher Court.
(Central London Property Trust v Hightrees House- where Lord Denning created the doctrine of
equitable estoppel.)


(iii) Overruling
Precedents once they hv established retain their authority no matter how old they could possibly be
Unless they are overruled by a higher court in subsequent cases.
When a case has been overruled, the old rule will no longer be applicable.
Addie v Dumbreck (no duty of care is owed to a trespasser.)
BRB v Herrington ( there is a duty of care to trespassers)

(iv) Distinguish



(v) Per Incuriam Statem- statem made through lack of care.
(vi) Reversal- Where a higher court reverses the judgem of the lower courts.
(vii) Disapproval- where a superior court disapproves law created by a lower court, but does not hv the power to do anything unless the case goes up on appeal.
--- --- --- --- --- --- --- --- ---
Advantages
(a) Helps to achieve certainty n uniformity in law.
(b) Law developed through cases is more practical as it is based on actual situations rather than hypothetical ones.
(c) Although judges are bound to follow the decisions of a higher court, there is some degree of flexibility. The judges may avoid following the earlier precedent where the case is decided per incuriam. The judges may also avoid it by distinguishing the precedent fr the facts of a present case. The law is adapted to the changing needs of society.

Disadvantages
(a) Discovering Ratio Decidendi
Sometimes it is difficult to discover the ration decidendi of the case as there may be more than one. This makes it very difficult for the judge to find the right ration decidendi.
(b) Bulk n Complexity
The increasing no of cases adds complexity to the law. There is a danger that important relevant authority may be overlooked.
(c) Rigidity
A lower court is bound to follow the earlier precedent even if it was wrong. The case may not go on appeal to a higher court n thus the opportunity of correcting the earlier decision may be lost. Judges must justify their reasons for not following the earlier precedents.

**Operations of the doctrine- refer pg18


(C) LEGISLATION ------- Dec00 Q2, June03 Q1, Dec98 Q1
Act- law passed by Federal Parliament
Enactm- law passed by State Legislative Assembly
Ordinance- law passed by Yang diPertuan Agung in state of emergency
- law passed by Federal Parliament during the period of Malayan Union.
- Law passed by Sarawak State Legislative Assembly

Law making process
Law making process is stipulated in the Federal Constitution n the standing orders of Dewan Rakyat n Dewan Negara.
The initial step is where the Legislation Committee will prepare a draft of the proposed legislation. It will then decide whether the issue is a national one. If it is a national issue, it will be put through to Parliament. This is a Bill.

First Reading- this stage is a mere formality. The minister concerned will mention the title of the Bill n give oral notice as to when the second reading will be.

Second reading- the minister concerned will explain to the House the purpose of the Bill n the main issues involved. Heavy debate will take place n at the end of the reading, a vote is taken.

Committee Stage- at the completion of the second reading, the House will automatically resolve itself into a Committee of the Whole House. Most of the ministers n members of Parliament will not be found at this stage. Only those with direct interest will take part in the debate.
The details of the Bill will be discussed in a less formal manner n amendments will be proposed, if necessary.
Sometimes the Bill will be considered by a Special Select Committee, if a motion to that effect is agreed upon by the House.

Report stage- at the completion of discussion at the committee stage, the minister will move a motion to reprt the Bill to the House. The findings of Committee Stage will also be reported to the main House, so that all members is aware of what has transpired during the Committee Stage.

Third Reading- the minister concerned would move a motion to hv the Bill read a third time n passed. When the motion is accepted, the Bill is accordingly passed.
The Bill is then submitted to the other House, where it will undergo the similar stages of consideration.
When the Bill has been passed by both Houses of Parliam, it will be presented to YdPA for his Royal Assent. The Bill becomes law upon receiving the Royal Assent.

Amendment to Article 66 of Federal Constitution
The YdPA must assent to the Bill within 30 days of it being presented to him. This only applies to Money Bills.
Non money Bills- he may return the Bill to the House fr which it originated with a statem of the reasons for his objection to the Bill. The Bill will then be reconsidered by both Houses n if it is passed again after the reconsideration, he must give his assent within 30 days of it being represented to him. If he does not do so, the Bill becomes law after the lapse of 30 days.


D) STATUTORY INTERPRETATION ------------Dec06 Q1, Dec96 Q2
(i) The literal rule – A word or phrase is given its literal or ordinary grammatical meaning.
Sussex Peerage Case, the judge held that ,
If the words of the statute is in themselves precise n unambiguous, then no more may be necessary than
to expound the words in their natural n ordinary sense. The words themselves best declare the intention
of the law giver.
Kon Fatt Kiew v PP – “rubber” includes “scrap rubber”.
Criticism-
Lord Esher in R v Judge of the city of London Court
“ If the words of the act are clear, y must follow them even though they may lead to manifest absurdity. The court has nothing to do with the ques of whether the legislature has committed absurdity.”

(ii) The Golden Rule
This rule is applied by the court to avoid the usage of Literal Rule if its application would produce absurd results.
This rule states that the words in a statute should be interpreted according to their natural n ordinary grammatical meaning, but to the extent that an interpretation does not lead to manifest absurdity.
Re Sigsworth
Criticism-
The Golden Rule should only be applied when it is reasonable to apply, what is reasonable is discretionary, what is reasonable to one judge may not be reasonable to another.

(iii) The Ejusdem Generis Rule
General words should follow a class of specific words.
Public Prosecutor v Pengurus Hong Trading n Co, where the relevant part of a statute referred to a prohibition of tea containing any’ “Perussian Blue, lead or any compounds of lead, or any other matter. The court, by appling this rule, held that the phrase “other matter” referred to things in the same category as “ Perussian Blue, lead or compounds of lead.”
Criticism-
It is diff for the draftsperson to spell out at length all kinds of things n conduct which the Act applies.

(iv) The Mischief Rule
This is applied by courts in interpreting words or phrases, which r ambiguous n unclear, by looking at the statute as a whole. The court will also enquire into the mischief behind the statute.
In Heydon’s Case, the court is required to consider the following matters:
1. What was the common rule before the making of the statute?
2. What was the mischief or defect which the common rule did not provide for?
3. What remedy has the parliament provide for?
4. What was the reason of the remedy?
This has been adopted by M’sian courts in the case of Lim Moh Joo v PP
Criticism-
This rule is very time- consuming n tedious.


HUMAN RIGHTS
Kofi Annan- Human rights are the foundation of human existence n coexistence. Human rights are universal, indivisible n interdependent. Human rights r what makes us human. They r the principles by which we create the sacred place for human dignity.

Fundamental Liberties
Refers to certain rights, which are considered as basic n essential to ensure the freedom of ind. These rights r found in the Federal Constitution n are said to be entrenched or enshrined becoz these rights cannot be altered or taken away altogether unless the Constitution itself is amended. This would require a majority of two thirds of both houses of the Parliament.

Article (5)
No person shall be deprived of his life or personal liberty save in accordance with law.

Article (6)
No person may be subject to slavery or forced labour. However, Parliament may make law providing for compulsory national service.

Article (7)
No person shall be punished under law which was not in force when the alleged crime was commited. This means that law against crime cannot be passed with retrospective effect.

Article (8)
All persons are equal before law n entitled to equal protection by law.
Citizens cannot be discriminated against in relation to appointment to office or employment under a public authority, or in relation to acquisition of property, establishing or carrying on of any trade, biz, profession, vocation or employm merely on grounds of race, religion, descent or place of birth.
Similarly, citizens cannot be discriminated against in relation to providing of edu, merely on grounds of race, religion, descent or place of birth.

Article (10)
Every citizen has the right to freedom of speech, peaceful assembly n association. However, in the int of security, public order or morality, Parliament has imposed certain restrictions. For example, the Sedition Act provides that it is an offence to question the power n prerogatives of rulers, n the special position of the Malays. Further, the freedom of speech does not entitle a person to defame another. This will entitle the person defamed to sue the other under the law of defamation.

Article (11)
Every person has the right to profess n practice his own religion, subject to Clause (4) to propagate it.
Every religious group has a right to:-
Manage their own religious affairs.
Establish n maintain institutions for religious or charitable purposes.
Acquire n own property n hold n administer it in accordance with law.

Cute Guy

超级星光大道

超级大帅哥 潘裕文

Try listen to his video (right side)...sure nice...will 陶醉.... give comment ar..how's the video n the singing...hehe...