On 21 August 2009, I had the privilege of delivering this speech on the occasion of Ms. Joanne Leong Pooi Yaen’s call to the Bar before Justice Tuan Mohamad Ariff bin Md. Yusof.
Posted inBolehland
Interfaith dialogue schmialogue
I have seen firsthand what “dialogue” means to some – you do not talk, you only talk on our terms, you listen to us and don’t talk, and if you are allowed to talk, you can only say what we want to hear.
Posted inPray For Me
French burqa ban will harden hearts
By preventing wearers of the niqab from accessing a range of critical public services, I have little doubt that this ban will serve to harden the views of those in favour of the niqab and further the notion that the West and secularism are anti-Islam.
Posted inJudging the Judges
Adorna reversal: Selective Justice by the Federal Court?
An incisive look at the ethical dynamics behind the recent Federal Court decision of Tan Ying Hong v Tan Sian San and Ors.
Posted inSelected Judgments
Book Ban Decision No. 1 – SIS
The grounds of decision of Ariff Yusof J in the SIS book banning case.
Posted inSelected Judgments
‘Saya Nak You’: Judicially Defined
The Malaysian High Court in Bakri Mohamad Ali v PP [2010] 1 CLJ 610 has finally judicially defined and explained a phrase that has vexed Malaysians for some time. Let us now rejoice and use it with new found confidence and variations.
Posted inJudging the Judges
Ducking at the Court of Appeal?
Amer Hamzah Arshad (with Fahri Azzat in support) continues LoyarBurok’s well-taken trademark tirade against the practice of Malaysian judges who duck writing judgments on important constitutional law issues.
Posted inLand HO!
Landowners still not fully secure
The recent Federal Court decision has righted an egregious error in the law. But landowners can still be swindled out of their properties.
Posted inTalking about Lawyers
Invictus: Moving the Call of Aston Phillip Paiva
A reproduction of the approximate speech I had the honour of delivering on the occasion of Mr. Aston Phillip Paiva’s call to the Bar on 21 August 2009 before Justice Tuan Mohamad Ariff Bin Md. Yusof.
Posted inTalking about Lawyers
Cogitating the Court Cafeteria
If you thought that court canteens are only a place to eat, drink and buy the newspaper, think again. The court canteen is one of the most exciting place for a litigator. It is not just a place for repast but for learning, friendship and thanks.
Posted inBolehland
Che Det: Mahatir’s Man in the Mirror
Loyarburok is pleased to present to you the winning essay for the Elawyer Blog Writing Contest 2009 organised by www.elawyer.com.my.
Posted inThe Lobby
Semua anak kita; ngapa harus beza?
Saya Anak Bangsa Malaysia Roadshow & Forum Klang Valley.
Saturday, 23 January 2010. 2 pm -7 pm.
KL & Selangor Chinese Assembly Hall.
Posted inSelected Judgments
Can landed property be validly transferred land using a forged instrument?
All eyes will be on the Federal Court this Thursday as it delivers a major decision whether to end nine years of gross injustice caused by the 2000 decision of the Federal Court in Adorna Properties Sdn Bhd v Boonsom Boonyanit (“Adorna Properties”) or to follow and further entrench Adorna Properties in the laws relating to property sales by forgers in this country. It is one case which will be closely watched by property owners and conveyancers both within and without this country.
Posted inBolehland
Nazri’s Offer of a Way Out: A Commentary
A commentary on Nazri’s compromise on the ‘Allah’ issue from a more holistic appreciation of the Abrahamic faiths.
Posted inBolehland
The Thoughts of a Politically Awakening Citizen
A citizen of Malaysia retraces the path of her ongoing political awakening and considers the importance of the Federal Constitution to our lives.
Posted inTalking about Lawyers
To Dis the Robe or Keep it On?
On 16 January 2010, the Chief Justice in his speech at the Opening of the Legal Year 2010 has called for opinions on whether we should retain our robes, bands, and whatsits as our legal attire. I managed to find the email I posted to the Rostrum, an email based forum I moderate along with Mr. K. Shanumga, where I argued for its continuation from the perspective of an appreciation of history.
Posted inSelected Judgments
The ‘Allah’ Issue: High Court Grounds of Judgment
The High Court grounds of judgment of the Titular Roman Catholic Archbishop of Kuala Lumpur v 1. Menteri Dalam Negeri 2. Kerajaan Malaysia, Kuala Lumpur High Court Judicial Review: R1 – 25 – 28 – 2009 is available here.
Posted inJudging the Judges, Talking about Lawyers
Reminiscing the Call to the Bar
A discussion, remembrance and so a peak at the long calls as it used to be practised in the High Courts of Malaysia after reading ‘A Meditation about Moving by an Occasional Mover.’
Posted inBolehland
Those Bloody Banks, Credit Card Companies and Bank Negara!
A consideration of the recent High Court decision of Diana Chee Vun Hsai v Citibank Bhd [2009] 6 CLJ 774 about whether the Bank Negara Guidelines BNM/RH/GLO-041-01 (with regards to credit cards) has the force of law and whether banks are limited to only claiming RM 250.00 for unauthorized transactions when you lose your credit card. Kalvathy Maruthavanar’s paper ‘Internet Banking – A boon or a bane? A study on the legal issues relating to internet banking in Malaysia’ is also considered.
Posted inBolehland
Criminalizing Liberty (Fourth Segment)
In the previous segment, we considered the the constitutional validity of Section 54. I shall now conclude with a consideration of Malaysia’s representations to the world, its international human rights obligations and the legitimate expectation of the people of Malaysia as well as other ancillary matters.