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5月31日

Kokol

Rasa Sayang Resort up Kokol... Finally, we were there!

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The place is just exactly as shown in their website...

Nothing surprising about the view or set up,
we wanted to go up there just to experience whether it is really COOL up there.

The journey from Kionsom Waterfall took us less than 30 min (4.5KM)
despite the steep and winding half tar, quarter mud and quarter rocky road (yes rocky, not pebbled).

 

Here's picture from the bumpy ride... notice how the cross swayed left and right!

 

 

The temperature? 25 degree Celsius according to the thermometer at the resort

PICT0319 Well, it was cool and windy... not chilly just cool.

The view:

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We had coffee and left
DSC00071 ... nothing much else to do there...

Can see our house from up there

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5月29日

Bumi or non Bumi, thus the confusion!

First and foremost, don't equate bumi-lot and Malay Reserved Land or Native title

Bumi-lot are housing lots built by Developers which are restricted by the State Government (under "Bumiputra Housing Quota Policy") to be sold to bumiputra only. It has nothing to do with the land title, the title most probably is not Malay Reserved Land.

Non bumi cannot purchase Native Title or title with Malay Reserved Land endorsed on the Title Deed.

Non bumi also not allowed to buy housing lot if its under the Bumi Quota wherein specific lot is designated as bumi-lot.

The question is, whether subsale of bumi lot to non bumi is possible...

or, if title is issued, whether property designated as bumi-lot can be transferred to non-bumi

My common sense tells me CAN.

The bumi quota is for Developer to give special discount to bumi buying property... now when is comes of subsale or second sell, it's the bumi who is desirous of selling, if you limit the bumi's option to sell, that would have defeat the purpose of having the Bumi Quota in the first place wasn't it?

It's not like the bumi seller is gonna give the bumi buyer a discount! The property will be sold at market price!

It will depend on whether the developer has already fulfilled the bumi qouta... if fulfilled and they don't need to keep that particular lot as bumi lot in order to make up the quota, they would have no problem to consent to sell to non bumi provided state authority approve

No Discount Rule?

Recently received a circular from the Sabah Law Association (SLA) with the subject matter:
STRICT ENFORCEMENT OF THE ADVOCATES' REMUNERATION RULES 1988

And I quote, "to make compliance with the Advocates' Remuneration Rules 1988 self regulatory (notwithstanding that the said Advocates Remuneration Rules has the force or law!)"

[the emphasis were mine]

Before I could clap my hands and shout hooray...
I received a call from the bank, "We have this free legal package loan, can you give us a quotation with your best discount offer?"

... ... ...

As a "full time loan lawyer" (part time litigation)...
I find the "discount practice" to be the most difficult part of being a "lawyer"!

Usually when I say "no discount" all I get is a "clung!"
The other end hung up on me, without bothering to listen to my explanation because
"ALL other firms offer at least 65% discount"! (imagine that, 65%!)

Although I respect SLA's effort, but I really doubt there can ever be "strict enforcement" not to mention "self regulatory". The fact is, there is no existing enforcement body. So, the Sub-Committee on the Enforcement of the Advocates' Remuneration Rules 1988 has recommended the following measures:

  • to make necessary amendments to the rules to make giving of discounts a breach of the Rules that could be subject to investigation by the Inquiry Committee established under the Advocates' (Inquiry Committee) Rules 1988.
  • to secure compliance through an Annual Compliance Report prepared by the accountant responsible for the legal firm's Annual Accountant's Report
  • each lawyer is to declare via Statutory Declaration that he/she has charged the scale fees without any discount

SLA further advice that pending amendments to the Rules, which shall be made possible before the end of 2008 (can or not?), all members is to "voluntarily practice" the No Discount Rule.

... ... ...

On the basis of the SLA's letter, I have called up lender and told them the "forced discount" I have given them for this time round will be the last one. :)

We'll see how that ends, most probably I won't be getting any files from the lender anymore!

... ... ...

On another note, I wish educate the people about legal fees which everyone seems to think it's a huge sum.
But how come no one is complaining about the estate agent (registered or not) fees which is 3% of the purchase price... and all they do is talk (at least that's how it seems to me)... no drafting of agreement, no government paper work, no due diligence, no undertaking required (don't even issue receipt! one estate agent actually asked me to issue receipt on his behalf! Of course I said NO!)... and they "senang-senang" (easily) get RM3,000 while my legal fees of RM1,300 is "wow, why so much?"

Where is the justification for this???

 

SIGH!

5月28日

What's for lunch?

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Nasi lemak with rendang ayam... RM3.50

5月22日

View from office

This is a photo taken from the window of the office of a friend of mine working in Singapore!

Breathe taking isn't it... who would ever want to quit a job like that? Who in the right mind?!

I'd die to work there... but it's just too bad, Singapore is a Forbidden City to me.
(I tried and even got humiliated for asking)...
I have no access to the country because I am not "elite" enough to the Singapore  Law Society.

I can't practice as a lawyer there because my degree in law is an external one...
(they don't care if you took an external degree coz you are poor, if you are poor you are expected to excel and get scholarship... they don't care also scholarship also not easy to get in Malaysia)
The SLS only accept lawyers either graduated from overseas (and certain U only)... or
local graduates of the esteemed National University of Singapore or the Malaysian's University Malaya (which was once their sister university before the "big split").

Anyway, since Singapore is a "see no touch"... I had to accept the reality and do my best in my humber office... with this view:

Hahaha!

5月21日

Porkish Lunch

Who says there's no free lunch...

One of the staff generously treat the entire firm lunch today...

Pork cutlet rice... yummy yummy!

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Tun M v Pak Lah

I've never followed the political news diligently...
I know bits of here and there only...
So my view is purely... how I feel!
So, ISA, if you came across this article, please don't get serious...

All I want to say is...

I don't care!

Is this a circus play or what?

Nah... I am not interested with jokers!

 

BUT one thing that really made me sick is the terms the politician used to described the incident...

as "political earth quake"... so insensitive!

When people are striving to survive over in China,
the politicial comparing the Malaysian political circus show to a major serious disaster in Shi Chuan!

What made me more sick is that, this is not the first time they do it.

When BN lost 2/3 majority in the last election,
they used the terms "political tsunami"
comparing it to the Indonesian's tsunami of 26 Dec 2004!

Just what kind of insensitive politician are we having here...

I have no energy to care anymore!

5月19日

Vladimir Ashkenazy

 

Just google his name for his image... and you'll get all kinds of smiley face of his!
Vladimir Askenazy must have been a fun loving and humourous person!

I have a collection of Chopin's Piano works played by him...
apparently he started playing the piano at the age of 6!!!
Born in USSR to a Jewish father and Russian Orthodox Mother,
married an Irish and resides in Ireland.

Apart from being a virtuoso pianist, Vladimir Askenazy is also a conductor

Find out more about him here.

5月16日

interesting flute lesson book

My flute teacher showed me the flute book today... and had me tried playing the first song,

Tchaikovsky's Dance of the Sugar Plum Fairy (from the Nutcracker)...

Oh... Nutcracker!!! So love the music... ok, I had to buy this book... the original one not to photocopy from flute teacher photocopied one as suggested by him.

And apparent it's cheaper to buy from amazon directly than buy the book from KL bookstore which would cost RM75... from amazon it's USD16.95 + USD4.99 (freight charge) = USD21.94 x 3.3 = RM72.40! Hahah!

Emotionally Tired

I don't know what has got into me...
maybe it's the work, maybe it's the weather...
or maybe it's the rampant crime news from newspaper...

It's been so difficult to feel joyful lately!

So what's "emotionally tired" a friend asked me what I told her so...

"It's like I have to "make an effort" to feel happy...
and yet, I just can't!", I explained.

"Maybe you should go somewhere this weekend, Monday is public holiday day...", my friend suggested.

... I don't know where to go, and I don't have any friends to go with me!

Mmm... maybe I should just bring my parents out for a meal somewhere... :)

And to go somewhere with a view... maybe Kokol restaurant? Hmm... expensive wor that place...

Mmm...

5月15日

second pau

Pau day again... today it's pork pau... RM1.60... smaller than the RM2 pau... no wonder cheaper... you pay one cent you get one cent worth... that's the facts of life ... I guess ... well... it's in my stomach now... and I'm satisfied... a pau a day keep my sorrow away... I don't know how will I pau in pau out... the pau steamer downstairs might as well sustain me for the rest my working days here... pau pau pau... today pork pau... tomorrow pandan pau... then kaya pau... chicken pau, char siu pau... pau and pau and pau... why I like pau? why I like pau? ... WHY I LIKE PAU???

 

 

Written by a pau-ish person on her pau-crazy day!

5月14日

Below the Wind...

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Sabah also known as the Land below the Wind...
and living up to its nick name
has to endure the typhoon tail occasionally...
and when that happens, tree will fell...

This picture was taking on route Bukit Bendera.

pau day pau thoughts

Yay! There's finally a pau steamer at the coffee shop downstairs (below the office)... I am happy because I think that's about the tastiest and best priced food available around the place where I work. And now, finally I can buy pau for lunch without having to walk far. The chicken big pau which is double the size of ordinary pau in KL cost me RM2. Zhu-Nyuk Pau (pork) only cost RM1.60... I wonder why chicken is more expensive than pork... and there are other variety of pau like pandan pau etc ... vegetarian pau... I also wonder how come those bakery selling buns without any "real" filing like cheese stick or garlic bread at about the same price for a bun half the size of the pau, with pathetically sprinkling few cheese (which doesn't even taste nice) at about the same price... How can it be so much more expensive than pau... time to boycott bakeries... hahahah! Hello Pau Goodbye Bun!

Translation to BM

I am currently editing a BM law book and find it amusing about the BM translation for the English word "satisfied"... which could means lots of things in English but in BM:

syarat-syarat dipenuhi (requirements satisfied)

prinsip-prinsip dipatuhi (principles satisfied)

janji-janji ditepati (promises satisfied?)

 

what else huh?

5月13日

Black Out 24 hrs!!!

From last night 8pm till tonigh 8pm...
Kampung Kionsom has been deprived of electricity!

When I called SESB this morning, before I go to work and left my parents to deal with the heat of the day without electricity, I was informed that there was a fallen tree that caused the blackout (there was strong wind last night)... and electricity should recover as soon as the SESB fellas cleared the tree...

On my way to work, I saw the fallen tree... ok!
On my way from work, hey, the fallen free has been cut...

When I open the door... ooi!? "mau ten geh?" (still no electricity in hakka)

Aiyah... called SESB again,
was told there were so many fallen trees and the SESB workers are still working hard to clear them all...
huh? ... what to do... wait lor!

 

One of the NORMs of KK... putus letrik!

5月11日

I dropped my flute!!!

Arrggh... I was so careless!
I was vacuuming my room and moved the music stand with my flute on the stand...
And of course, the flute dropped from the music stand to the floor!

A big drop that was...
and after that, when I blow the flute,
the only sound that came out is a monotonous squeky noise...

My face turned from pale to blue...
as I tried and tried to blow music out of the flute

This is my first flute, and a new one...
what am I to do?
I doubt there's anyone who knows how to fix a flute in KK...
Getting a flute teacher is already so difficult...
a flute technician would be mission impossible!
What more I heard fixing a flute is more expensive than getting a new one!

So I franticly checked the instrument...
all the keys seem to be responding when I press the key...
no pad became unseated...
no dent on the rod or key cup...

Then, I realised one of the springs has been knocked out of its place...
protruding outwards... oh NO!!!
I quickly tried to put it back to its place...

and thank goodness, I can play music again
(although there is a slight buzzing sound whenever I blow high notes)!
 

Just because of this little metal spring,
the flute was reduced into a whistle that can only make one sound, noise!

Now I realised how sensitive and delicate this instrument is!

Better be extra careful with it from now on...

And I'm sad that, my flute is no longer an accident free flute...
Although it seemed that I have fixed the problem...
I don't know if it's really fixed...
Maybe now the spring will tend to get loose easily... hisk hisk hisk!

Sad day...

5月8日

Lunch treat by YB

One of the partners has just been elevated a "YB", so we had "makan besar" at the firm today... Yummy...

 Kurma Ayam... one of my favourite dish!

 Garlic butter rice, I love garlic and love butter!

 Don't like rice? Then have Singapore fried meehoo!

Mixed vege  arrgh, brocoli!

Sweet Sour Fish Fille, simply delicious!  

  toufu mix... soft and melts in your mouth!


Then, mutton... sorry BIG NO NO for me!
 I don't eat babies (lamb is baby sheep)

DBKL is serious or what?!

"Jangan membuang sampah dari kenderaan. AWAS! anda sedang diperhati!"

Erm... I just doubt the effectiveness of the message...

Those who throw rubbish out of their car might not be literate anyway, hahahah!

But I do salute to DBKK in their effort to make KK town a cleaner place...

Although, it would also be good if the government could look into the escalating crime rate... sigh!

5月7日

My Music Stand

Bought a music stand for my flute practice at home... RM120 + RM3.50 (surcharge for paying with credit card)!

Now I can practise my flute standing...
(previously I practise sitting on my bed with the score book on the coffee table I put beside my bed)!

Hee hee... Now I really "look like" musician!

5月4日

Sentencing against the Duo in UMS kidnap case


Public should remember their names and their faces:

Mohd Ariffin Bidin (29); and Mohd Sahrizal Suhaili (21)

Because in less than 20 years (less holidays, good behaviour parole), they will be back on the streets again...

I've summarised their sentences below:

                                              Mohd Ariffin Bidin, 29               Mohd Sahrizal Suhaili, 21

voluntarily causing                5 years’ jail plus 5 strokes          5 years’ jail plus 5 strokes
grievous hurt   

kidnapping                             5 years’ jail                                5 years’ jail 
                                              (run concurrent with gbh)          (run concurrent with gbh)

rape                                        23 years and 10 strokes cane    20 years’ jail plus 10 strokes cane

carnal intercourse agst          NA                                             15 years plus 5 strokes of the cane
the order of nature                                                                  (run concurrently with rape but consecutively with kidnapping)

Car theft (Mgst Court)          51 months’ (4 yrs 3 mths) jail      3 years’ jail and 
                                              and fined RM15,000                     RM10,000 fine 
                                              in default 18 months’ jail            in default 14 months’ jail 
                                              (stealing 3cars)                            (stealing 2 cars)
                                              (run consecutively with SC)        (run consecutively with SC)

                              Total:    32 years 3 months and 10 strokes   28 years and 10 strokes

 

What's justice...
what does it mean to be a law enforcer...

If we could only see crime commit in front of our eyes
and can do nothing about it.

What can heavy sentences do...
the hurt inflicted can never be cured...
a girl's life has been ruined forever!

 

What could, what should we have done to avoid this from happening in the first place...

 

24 April, 2008 Keningau: The two men arrested following the kidnap of a Universiti Malaysia Sabah (UMS) student last week had been remanded seven days to facilitate investigations for rape.

They were produced before Magistrate Mohd Nasrudin Mohamed here at 10.30am Wednesday.

Prosecuting Officer Chief Inspector Ramona Albert, in applying for the remand order, told the court that police needed time to carry out their investigations for rape under Section 376 of the Penal Code.

Meanwhile in Kota Kinabalu, Sabah Commissioner of Police Datuk Noor Rashid Ibrahim said police were still waiting for the medical report on the UMS student from the hospital.

Asked whether if there was a medical report that she was sexually assaulted he said: "Not yet." The two men, locals aged 20 and 29, were arrested on April 16 and 17, respectively.

On Tuesday, the Magistrate's Court in Kota Kinabalu released them on police bail after a period of remand to facilitate investigations under Section 365 of the Penal Code for kidnapping or abducting with intent secretly and wrongfully to confine a person.

They were re-arrested shortly after and taken to the Karamunsing police station prior to their transfer to Keningau.

On April 15, the second-year student from Sibu was forced into a car by two men while walking with a group of friends to a fellowship outing at a church in Kingfisher Park, Likas.

She was rescued early the following day when the vehicle she was bundled into crashed after alert Keningau police shot its tyres during a high-speed chase near Kampung Rompon, Tambunan.

 

 

25 April, 2008, Kota Kinabalu: The Sessions Court here on Thursday heard how two local men had kidnapped a 22-year-old Universiti Malaysia Sabah (UMS) student in a stolen car, then assaulted, sexually abused and raped her during a 10-hour ordeal which only ended after police came to her rescue last week.

Mohd Ariffin Bidin, 29, and Mohd Sahrizal Suhaili, 21, who claimed they were driven by Satan to commit the heinous crimes, which sent shock waves across Sabah, felt the full brunt of the law by the time proceedings came to end at the courthouse.

Altogether Ariffin was handed a 59-year prison sentence along with 35 strokes of the cane, while Sahrizal was meted a total prison sentence of 48 years and 35 lashes of the cane.

Arifin, from Kampung Tarap, Bongawan, will however only serve 31 years behind bars and Sahrizal, of Kampung Pirasan, Kota Belud, 28 years as the court ordered the prison terms for some of the offences to run concurrently.

Ariffin, a mechanic, and Sahrizal, unemployed, pleaded guilty before Judge Duncan Sikodol to all the charges.

Senior Federal Counsel (SFC) Suhaimi Ibrahim appeared for the prosecution.

They were jailed five years and fined RM1,000 in default five months’ jail each for jointly kidnapping the student at 6.50pm on April 15, this year at the Kingfisher Roundabout, Jalan Bangka-Bangka, Likas.

Both were also sentenced to five years’ jail plus five strokes of the cane for voluntarily causing grievous hurt to the student.

They admitted committing the offence between 6.50pm and 5am on April 16, this year at the Kingfisher Roundabout and Kampung Rompon, Tambunan.

Sikodol ordered the sentences for kidnapping and causing grievous hurt to run concurrently.

Ariffin was handed 23 years and 10 strokes of the cane for raping the student between 6.50pm and 10pm on April 15, along Jalan Kota Kinabalu-Tambunan.

He was also given the same punishment for raping the student between 2am and 4am on April 16, also along Jalan Kota Kinabalu-Tambunan.

The sentences were, however, ordered to run concurrently but consecutively with the five years’ jail for the kidnapping charge.

Sahrizal was sentenced to 20 years’ jail plus 10 strokes of the cane for raping the student between 6.50pm and 10pm on April 15, along Jalan Kota Kinabalu and Jalan Tambunan.

He was also jailed 15 years plus five strokes of the cane for committing carnal intercourse against the order of nature to the student between 6pm and 10pm on April 15, also along Jalan Kota Kinabalu and Jalan Tambunan.

The sentences were ordered to run concurrently but consecutively with the five years’ imprisonment for kidnapping the student.

Ariffin was also sentenced to 51 months’ jail and fined RM15,000 in default 18 months’ imprisonment when he pleaded guilty in the Magistrate’s Court to stealing three cars.

Sahrizal, too, was jailed by the Magistrate’s Court to a total of three years’ jail and RM10,000 fine in default 14 months’ jail for stealing two cars.

Both will serve the sentences imposed by the Magistrate’s Court consecutively with those meted out by the Sessions Court.

In presenting the facts of the cases, SFC Suhaimi told the court that police investigations revealed both accused had planned to commit the crimes using the vehicle that they had stolen.

SFC Suhaimi said they approached the student from behind with Ariffin behind the wheel. Sahrizal dragged her into the car and they sped off towards the city centre.

He said the victim had tried and struggled to escape but was kicked, beaten, bitten and punched by Sahrizal.

Ariffin then drove towards Keningau and on the way tied the student’s hands with masking tape and, at the same time, Sahrizal cut her clothes to strip her.

SFC Suhaimi said that while they were passing Gunung Emas (Mile 29, Jalan Kota Kinabalu-Tambunan), the student tried to escape by opening the door while Sahrizal was pulling down her jeans but he pulled her inside the car. He also kicked her abdomen and head.

During the struggle, the binding on the girl’s hand broke but Sahrizal tied her hands again using her brassiere and panty before raping her.

According to SFC Suhaimi, it was the first rape incident. He said Sahrizal also forced the girl to perform oral sex and sexually abused her.

The SFC also told the court that Sahrizal and Ariffin then switched places in the car without stopping it.

He told the court that Ariffin then raped the student between 6.50pm and 10pm and repeated the act for the second time between 2am and 4am while they stopped at a place along the road.

Suhaimi said the student, who was in dire pain all over her body because of the rape and assault, pleaded to her captors to release her and send her to hospital but ignored by them.

She continued pleading to them until they were tracked down by Keningau police.

Suhaimi said Ariffin also had changed the car’s registration number from SAA 4558 N to SAA 1558 N.

In mitigation, Hamid Ismail, who was the duty counsel for both accused, pleaded for an appropriate sentence for them saying their pleading guilty had saved the court time and expenses.

He said both accused also regretted their actions.

Sahrizal and Ariffin also pleaded for a lenient sentence.

When asked by the judge why they committed the offences, both said they were under the influence of alcohol and Syabu. Ariffin added that they were overcome by evil lusts.

Meanwhile, SFC Suhaimi urged the court to pass deterrent sentences to both accused.

“Can we bring back the good time of the victim, the glow and shine of the girl? She will forever have this trauma of having to go through hell. Who should be protected? The victim or the accused.”

“The public interest demand them to be severely punished under the law.

Even the maximum sentence meted out cannot bring back the girl’s virgin status,” SFC Suhaimi said.

He said not only they hurt the girl but also the public with what they had done, adding the bite marks on the victim’s face by the accused could be there for the rest of her life.

“At least this court knows how long the accused will be behind bars at least until her natural years. The victim is now 22 years old, a university student, she should have a bright future,” said the SFC, in urging the court to impose severe punishments on the accused.

He proposed that both accused’s jail sentences to be consecutive after the expiry of the jail sentence for car theft imposed on them earlier by the Magistrate’s Court.

After the proceeding, Sahrizal and Ariffin were whisked to the Kepayan prison.

SFC Suhaimi was assisted by Deputy Public Prosecutor Raja Zaizul Raja Zaharudin and Assistant Public Prosecutors Hasmizulizam Hamidon and Effizah Ernie Idris.