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Beware of fake news in social medias…

23/05/2017

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My recent experience reaffirms the potential dangers and damages that could occur due to spinned or twisted messages/comments and fake news. It can be economically, socially and of course politically destructive.

A professional foreign social-media analyst told me in America there are hubs for conspiracy theories and fake stories. Websites such as Centre for Research for Globalisation, Cernovich and Infowars (funded by George Soros) are some classic examples. Hmm…perhaps this is something where the Opposition has looked into years ago.

We need to understand the revolution that has taken place in information and communication, which has completely upended the traditional world. Much has been written about this new media landscape that has made news and information available to everyone round the clock, turned mainstream media business on its head, removed the traditional gatekeepers of information and made authorities everywhere more accountable for their words and action than ever before.

But, the more profound effect has been on how people consume and respond to news and information. They no longer do so passively, but want to be active participants, posting and reposting them to their social circles, acting as gatekeepers. They become active filters, deciding what to pass on and what to suppress depending on their interests and biases.

I am glad that the federal government has realised this few months ago. Though necessary actions and policies are required, there is always a need to balance so that our fundamental liberties are not violated.

So guys do verify or take it with a pinch of salt in whatever news, messages, videos and pictures we received in wassapp, wechat, fb etc.

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Can a sick old man execute a will?

21/05/2017

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Currently I am handling a disputed will case.   The other side is challenging that due to health problems and old age, when the testator executed his will, he did not understood the nature and extent of the properties he was disposing under the will.

It is trite law that for a will to be valid, a testator must have testamentary capacity.  Whether a testator has testamentary capacity depends on the facts of each case.  The testator shall be able to comprehend and appreciate the claims to which he ought to give effect and with a view of the latter object, that no disorder of the mind shall poison his affections, pervert his sense of right, or prevent the exercise of his natural faculties.

In deciding upon the capacity of the testator to make his will, one must look into the soundness of the mind and not the particular state of bodily health at the time he executes the will.  He should possess sufficient understanding to direct how his property shall be disposed of.

The onus of proving the above lies on me.  Indeed a challenging case…

Gerakan Selangor State Liaison Committee

19/05/2017

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Gearing up for 14GE…

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Malaysia is a secular nation.

16/05/2017

Enough have been said and explained whether is Malaysia a secular nation.  Our first Prime Minister and the Supreme Court had endorsed it.  It is never an issue…

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All I wanted to do is to help the OKU investors…

14/05/2017

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Why is it so difficult to do a good deed openly? Is it because I am from Gerakan which is part of the BN government?

It has been depressing for the last 3 days. I received countless messages, calls, emails and comments since I facilitated the refund to JJPTR OKU investors. They consist of sarcastic remarks, criticisms and condemnation.

There are people who accused me that the whole episode was to help Johnson to regain his reputation. Some even alleged that I am part of the game in trying to “con” the public.

I have repeatedly said the background of JJPTR or founder Johnson Lee is none of my business. I do not know them or him. I met them for the first time last Wednesday. All I care was the unfortunate handicap OKUs. It was because of them that I am willing to stick my neck out. Prior to that there were also other ordinary investors seeked my help but I refused.

Hence all we intended was to ensure and witness the refund. I also took the opportunity to share my legal views to some of them.

I do not deny the medias were called for publicity sake. As a matter of fact most of us including the reporters did not believe that Johnson will turn up.

However I am very thankful for the encouragement and motivation. It is moment like this I can see the true colours of people esp comrades. I am particularly touched by the words of support from Senator Chong Sin Woon, a good political friend indeed.

Ultimately all I want to make it clear is there was no hidden agenda whatsoever for me to help the OKUs.

Parti Gerakan plays no part or is involve in it. Any misunderstanding or negative perception caused are wholly my responsibility and fault. I apologise for that.

EC: Follow the law please.

03/05/2017

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The Election Commission is legally required to provide copies of the draft voter registry when the document is on public display, said Gerakan Youth deputy chief Andy Yong.

Yong, who is also a lawyer, said Section 15(2)(l) of the Elections Act 1958 had stated that a registrar is required to “supply to any such persons as may be prescribed copies of any electoral roll or part of it, whether free of charge or on payment of such fee as may be prescribed in it”.

“Unless amended, clearly under this provision, the EC is obliged to provide the said copies,” Yong told Malaysiakini.

The EC, he said, under Section 15 of the Elections Act 1958 may, with the approval of the Yang di-Pertuan Agong, make regulations for the registration of electors and for all matters incidental to it.

“Is the directive a new regulation? If yes, the Yang di-Pertuan Agong’s approval is required,” he added.

New practice

Yesterday, the EC confirmed it was no longer providing copies of draft voter list during the display period as it feels that their public display is sufficient to inform voters of their status.

EC secretary Abdul Ghani Salleh said the commission will send a formal letter to all political parties on the decision to no longer supply the draft voter list in both book and compact disc forms from this year onwards.

Citing Regulation 13 of the Election Regulations 2002, Abdul Ghani said the draft voter list has to be displayed at a gazetted public area for 14 days, to show a list of voters who are seeking to be included into the list and those seeking to change their voting areas.

As interested parties can still view the list, the new directive does not restrict access, he said.

Why is it so important to have a truly independent Judiciary?

26/04/2017

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Some in the legal fraternity ponder over the appointment of our new Chief Justice recently.  With one retired and the short tenure of the new one, who should take over subsequently?  Like it or not, the CJ can control the judiciary.  Since 1988, the tension between the Executive and the Judiciary is the result – I would say the inevitable result of the doctrine of separation of powers that may “disturb” the affairs of the government of the day.  Legally and strictly under that doctrine, the political system of a nation divides its governmental power between a legislature, an executive and a judiciary. In theory, the doctrine constructs a system that avoids concentrating too much power in any one body of government – the three powers are separated from one another and none is supposed to trespass into the other’s province.  Furthermore, no arm of government is supposed to abdicate power to another arm.  The premise of this construct is not a harmonious relationship but a checking and balancing of power. Inevitably, the checking provides the blueprint for, and generates, tension between the three arms of government.

Political theory regard this tension between the arms of power as indicating a healthy and well-oiled, working government.  They do not see the tension as a cause for alarm.  Writing extra-judicially, Lord Woolf has said:

“the tension … is acceptable because it demonstrates that the courts are performing their role of ensuring that the actions of the Government of the day are being taken in accordance with the law. The tension is a necessary consequence of maintaining the balance of power between the legislature, the executive and the judiciary …”

Lord Woolf has also said that the tension between the arms of government is:

“… no more than that created by the unseen chains which … hold the three spheres of government in position. If one chain slackens, then another needs to take the strain. However, so long as there is no danger of the chains breaking, the fact that this happens is not a manifestation of weakness but of strength.”

Tension between the Executive and the Judiciary is inevitable. It is unrealistic to think that it can be eliminated. But it can be reduced, if the Executive and the Judiciary recognise that each has a role to perform and that each is better equipped to carry it out than the other.  For the good of our society, it is better for the combatants to realise that they are there to serve the people, not their own ends, and to adapt their conduct accordingly.