Touting in the case of McQuade v Barnes

In a recent case, Balakrishnan Devaraj v Patwant Singh Niranjan Singh & Anor [2005] 4 CLJ 210, a tout tried to enforce an agreement against an advocate and solicitor for cases that the tout had introduced. Justice Hishamudin Yunus, delivering the decision of the Kuala Lumpur High Court, dismissed the appeal, because:

1. Touting is contrary to public policy,
2. Touting is prohibited by the Legal Profession Act,
3. Agreements for touting are illegal under the Contracts Act,
4. Therefore the touting agreement was unenforceable.

However, there is one authority referred to in the judgment that is interesting. Justice Hishmudin referred to McQuade v Barnes [1949] 1 All ER 154 to show that touting is not confined to the legal profession.

Here is a quote from page 216, paras b-f:

Lest it be misunderstood, I must pause to point here that the term ‘touting’ is not confined only to the legal profession. It applies to other callings as well. And this is well illustrated by the case of McQuade v Barnes [1949] 1 All ER 154. In this case, a bye-law of the corporation of the borough of Blackpool provided:

No person shall in any street within the borough of Blackpool, to the obstruction, annoyance, or danger of any person, either verbally or by the distribution of handbills, circulars, or advertisements, tout or importune any person for the purpose of selling any article to or obtaining the custom of such last mentioned person.

The appellant stood on the forefront of a shop premises calling out in a loud voice to persons passing along the promenade:

Come inside. This way for your fish and chips. No waiting.

The appellant was employed by the owner of a shop which adjoins the street. The shop sold fish and chips. The cries annoyed several persons walking on the promenade. The Magistrate’s Court held that the act of the public that were passing by. The Court found him guilty of contravening the bye-law and he was convicted. On appeal, the conviction was upheld by the Division Court.

The question is, does this authority tell us that touting is prohibited in professions other than the legal profession? I don’t think so. I think the authority merely says that touting can be prohibited by statute. (Issue of Strict Liability, more than public policy).

Further Reading:

http://www.google.com.my/search?hs=wIy&hl=en&q=%22strict+liability%22

Learning A Little About Branding

Dear Reader,

Frequently, branding is important. It is important to understand branding as a concept that helps a product reach a wider audience. Along with it comes similar concepts, which run along similar lines: Positioning, Advertising, Marketing, and Public Relations. So, check out some of the the links below:

Destination #1: Logo Lounge.
Wonderful place to know the current trends in Logo design. Wonderful resource too :-)

Destination #2: The Branding of Polaroid
Blog maintained by one of the "old skool" gentlemen of yore, detailing how Kodak was beat by Polaroid.

Destination #3: Be a Design Group
Blog maintained by a group of design oriented people.

Destination #4: DEXIGNER.COM
For Designers. Nuff Said.

about the Rukunegara

Recently, I attended the National Unity Forum, organised by Jabatan Perpaduan Negara (Prime Minister's Department). Mr. Philip Koh spoke on the Rukunegara and its diminished value. Yes, he said, Rukunegara was spawned in response to May 13th, 1969 (the mass riots that massacred many an unsuspecting Chinese in Kuala Lumpur). The Rukunegara was a document forged in response to the terrible events that were to be a fearful memory for many Chinese and a warning to the non-Malays in the country.

Yet today, the Rukunegara is severely neglected.

I asked a question at the Q & A slot.

"Mr. Philip Koh:
Indonesia has the Pancasila, Islam has Maqasid as-Syariah and Malaysia has the Rukunegara. I agree that it is a useful aid in interpreting the Constitution. Do you agree that it is time we recognised that the Rukunegara is a constitutional document, and it should be made the preamble of our Constitution?"

Mr. Philip Koh answered:
1. Constitutional documents are very important,
2. The Rukunegara may, in fact, be a convention and not a constitutional document, and
3. Inserting the Rukunegara into the Constitution may be useful, but
4. If it is not heeded, it remains dead letter law.

What do you think?

Police Strip Search involving Chinese Woman in Malaysia

Dear reader,

The recent uproar about the China ladies in Malaysia being forced to strip and to do squats has caused a huge uproar. I've had the privilege of viewing the clip and now you can too. We should notice that:

1. The Malay policewoman ordered the Chinese woman to strip,
2. The Azan plays in the background,
3. There is a grille that allows free viewing for all.

How embarassing for the Chinese lady! How humiliating! Since she is not one of your family members it is easy to shrug it off. But if it was your sister or your wife, I'd bet that you'd be outraged. What, I ask, is the remedy under the circumstances? If the doctrine of "locus standi" means that a legal action may only be commenced by people who have the legal standing, then it is very precarious for the Chinese lady! When she comes before the public eye, the focus on her may be the wrong type, much like the attention given to a rape victim.

Very imporant question:
We have a Royal Malaysian Police Commission and they've come up with many good suggestions. But their powers are purely advisory. Do you not think that the police require someone to regulate them? Ergo, the age old question: who is to guard our guardians?

Suggestion:
It is wrong to focus on "Who took the picture?", because the issue is not one of whether the source of information is trustworthy. Nor is it an issue of the maker of the evidence. To focus on such issues would be taking a step back, when the evidence is there before us. What the Government should do is:

1. focus on why such incidents occur, and
2. take measures to make sure they don't re-occur.
3. give immunity to whistleblowers (VERY IMPORTANT)
4. act to change the culture of silence.

Note:
Some people may be focusing on the wrong issues
1. The policewoman wears a tudung (So, it's okay if she does not wear a tudung?)
2. The policewoman is Muslim (So, it's okay if she's not Muslim?)
3. It's a Chinese woman being forced to strip (So, it's okay if she's not Chinese?)
4. It's a woman being forced to strip (So, it's okay if she's not a she?)
5. There's an Azan in the background (So, it's okay if there's no Azan?)
6. It portrays our police in a bad light (So, it's okay if the issue never sees the light of day?)
7. It gives Malaysia a bad reputation (So, we should just keep quiet about it?)
8. The person who made the clip is unknown (So, you don't have a chance to divert the issue?)
9. The Chinese woman in the picture is not one of the Chinese nationals who complained recently (So, it's okay if the woman is Chinese Malaysian?)
10. It's common procedure in police stations (So, it's okay if every other police station does it?)
11. She was probably arrested according to procedure (So, proper arrest means that you can order a person to strip like heck?)
12. The policewoman is to be blamed (So, if it wasn't the policewoman, it's okay?)
13. The policewoman is merely carrying out the usual procedure (So, blame the procedure?)

Conclusions:
1. There have been worse cases, where police have raped their prisoners. But there having been worse incidents does not justify/excuse this incident.
2. The police institution needs more integrity and more ethics. More respect for proper procedures ESPECIALLY INVOLVING WOMEN.
3. Something bad has happened, and there is clearly something WRONG with the system. HEADS HAVE TO ROLL. There are people at fault and they will have to lose their jobs in the worst way possible!
4. Those people in charge of the police force never implement suggestions of the police commissions, do they?
5. THERE SHOULD BE A REVIEW OF STRIP SEARCH PROCEDURES IN MALAYSIA


Nitty gritty info:
I got the link from here:
              http://www.uchukeling.com/ukblog/2005/11/she-is-one-of-us.html
The file was downloaded from here:
              http://s27.yousendit.com/d.aspx?id=3P2RNQCL590R425RXOOCATRJZI
but may also be obtained from here:
              http://www.rumahdayak.com/vynne/download/Lokap.3gp


Further Reading:
http://www.google.com.my/search?hl=en&q=police+strip+search+arrest

A Goatherd and A Sage

Once, in a land not so far away, and in a time not so long ago, there was a simple goatherd. Every day, he tended to the goats. He brought the goats out for a nibble on the grass, and the nibbling of it would go on for quite some time. There wasnt a limit on how much the goats could nibble, so the goatherd usually just waited until it was sunset before he brought all the goats home. "Hey there, Mr. Goat! It's time to go home!" he would hie, and the goats would respond, "U-weh!" and placidly plod behind him, to where "home" was. (It was always in the same place: The olde farme where all the other farm folk stayed.)

He became a goatherd for many years. He first began as a child, when the goats were about as tall as he. Then he grew, and he saw the great many sunrises and sunsets, and the green undulating hills, lost in their serenity, and sometimes also in the serenity of the goat's eye. Life went on at a goat's nibbling pace. It was one mouthful of grass after another.

Before long, our goatherd was a young man of seventeen. He came to the age where instead of tending to goats and grass, he became distracted by the gay laughter of the passing girls. The peasant girls would milk the cows and sell the milk in the marketplace, and often times would pass by the goatherd on the hill. The goatherd was used to seeing these peasant girls, but as time went on they caught his eye more and more often. It was not before long that he fell in love with one of the lovely maidens that frequently passed his way...

The goatherd felt the pangs for a life that he knew eluded him. The life where he was whole, and he had security. He wondered to himself if a lovely beauteous maiden would even glance his way. In time, he took leave from his employer in order to get his questions answered. It was a choice that he had to make. He knew that he would stay awake for many nights if the answers eluded him.

The brave goatherd sought for a sage that could answer him, high and low. He trudged the muddy paths and crossed the greening fields, town after town and village after village. Finally, he heard of a man who was very wise, and he decided to visit this man. This wise man was perched, high atop a hill.

The goatherd had many questions as he climbed up the hill. Like, why was the man perched so high atop the hill? Wasn't it better for everyone if he had lived together with the rest of the people? Could he not then spread his wisdom to everyone? Nevertheless, our goatherd climbed bravely onward.

...................................................................................

The Sage sat atop a hill.
The Sage sat on a mat.
The Sage was under a tree.
The Sage was sleeping.
But, The Sage was sleeping Upright.
And, it was Day.
The birds were chirping.
The wind was blowing.
The leaves were flying.
The goatherd wondered if he could get a word in sideways.
After all, if The Sage was sleeping...
He tried his luck nevertheless.

"Ahem," said the goatherd.
"Cheep cheep," replied the birds.
And The Sage kept his eyes closed.

"O Master!" cried out the goatherd.
And The Sage sneezed, "Ah choom!"
And kept His eyes fairly tightly closed.

Our goatherd was fairly certain by now.
"Master, I have trodden up this hill to see you..."

The Sage awoke.
"You are seeing me now, aren't you?"
His eyes had a twinkle in them.

It was as good a start as you were going to get.

................................................................................

Someday, I hope that this little number will get somewhere.
It's been bogged down with all the tremendous pressures that I have had.
Happy New Year, World..
1.1.2006

The State of French Fries

The state of France
Rhymes with "Romance"
And Migrants want
To take a Chance

To Build a Life
Free from All Strife,
if Careers Advance,
in Droll Old France.

Their Modern Stance
On Bigger Barns
And Euro Fun
Begs No Askance,

But the Puzzle Here
Is the Arab Tears
And whether THEY
Feel Aliena---
ted.



They Speak The Lingo,
Play the Same Bingo,
Have Abandoned MAN-DING-O
In Favour Of SACRE BLEU.

Their Minds Are Entrenched
In All Things French,
Music, Culture, Art -- those Things
That Cheer An Ailing Heart To SING!

But in the End
It is all for Nought,
For They Thought
"I am French!"
While the State says,
"You are NOT."

** Inspired by an article at NY Times.

a stalker

a shadow may follow
you on your heels,
never to allow
your ideal:
your freedom wish
to walk away,
and slink away with
no delay

to a freedom phase,
and a pleasant face!
blue skies and birds
chirp to the world...
and not a trace
of the mental case :-)

with her around,
i feel displaced.
***

British Overseas Citizens

A Friend has asked me about BOC's.

British Overseas Citizens are entitled under the British Nationality Act, 1981, to be registered as a national of Britain. The topic merits further study, but the following links will help for the mean time.

1. British Nationality Act 1981
http://www.uniset.ca/naty/BNA1981revd.htm

2. Immigration and Nationality Directorate
http://www.ind.homeoffice.gov.uk/ind/en/home/applying/british_nationality/advice_about_nationality/bn2_-_british_overseas.html?

3. Coventry Law Centre
http://www.covlaw.org.uk/immigration/leaflets/leaflet17.html

4. Wikipedia
http://en.wikipedia.org/wiki/British_Overseas_Territories_citizen

cleaning it out

a long time ago
in a faintly furnished hall
i had the chance
to listen to a load of bal-
oney. but it being free,
and me being me, typical mal-
aysian, i took the chance
to listen to the talk. Dismal
it was, but the crowd
made no fuss. And through it all
it was what we knew,
that the speakers spewed, tall
tales regaling us
to keep the crowd from fall-
ing asleep.

quote from the talk:
a consultant is a person
who borrows your watch
to tell you the time.

other points worth noting:

1. change is constant, so you've got to:

a. know who your customer is and profile him
b. standardise your product/output

2. we need information, so you've got to:

a. realise what process/product is it you wish to change
b. measure your product (benchmark) against the best

and the end goal is to:

3. improve!

dunked again

you feel -- dunked again
when you flunked yet again;
to think that the effort
was all in vain;
you hem and haw
and dismiss with disdain
the heckling howls
of an ego slain;
yet would that you would
but listen to our refrain,
and hear our love
despite the thundrous rain!

What are you doing to get rich?

Reading a magazine from the last page is often refreshing. After all, unlike a novel (where it is sacriligeous to spoil the ending), a magazine’s last pages are often in the nature of an addendum or anecdotes, giving you a bird’s eyeview of what the magazine deals with. I opened up this month’s Personal Money and was promptly struck by Azizi Ali’s arresting opening:

[quote]
A lot of people want to be rich. “So, what are you doing to become rich?” I ask them.

“Er, er…” They then lose their voice.

Their silence reveals that, despite their desire, they are not doing anything to become rich. This being the case, it is any wonder that most people don’t become rich?
[/quote]

More importantly, it is what you do that makes the difference between wheezing in poverty in old age and finishing the race in a comfortable jog. That’s what made me buy this month’s copy of Personal Money: they had a cover feature on starting an Internet Business.

.........................................................

Life is Tough
And I'm Not Doing Enough
To Make Ends Meet:
Will We Live on the Streets?
I've got Family,
And I've got my Dog,
And They Detest
When I am Drenched in Grog;
The Strong Whiff Makes
The Malaria Mosquito Swoon,
But Can Never Make
My Fortune Come Too Soon!
Pray Tell, Sir,
I Very Humbly Query,
What I should Do
To Rake In The MONEY?

..............................................................

In short, the story featured interviews with Malaysian owners of several considerably successful "netrepreneurs", e.g.:

1. Lelong.Com.my
2. FabulousMom.com
3. LiewCF.com
4. eOneNet.com
5. Some Other Websites That I've Forgotten, "dot-com".

Needless to say, the article was also chockful with helpful hints of how to earn money online. I bought the magazine because of that. And I think you should, too. [What? Read my copy? How about some rent, then? *chuckles*]

Lest we forget: Selamat DeepaRaya. Deepavali Valtukhel. And No, I'm not handing out free angpows.

We Need a Malaysian Family Association

Dear Reader,

This is the age of polarization. We quake at the thought of
campus students congregating in little groups of "birds of
the same feather". But in reality, it is logical for a
person to gravitate towards groups of peoples with similar
traits. Traditionally, that trait is ethnic identity.
Today, these identifying traits include similar interests,
political allegiances, and networking.

Yet in all of this, we neglect the fact that we all share
one common trait: We all eventually (I think above 90% of
the population) hope to have a family. And with the concept
of "family", comes the concept of "family values". The
concept of "family values" aim at developing wholesome
households, to create conducive environments for our
younglings, and foster better togetherness in our
communities.

There may be a wide range of what constitutes "family
values". In a pluralistic nation such as ours, there may
often be ideological and political clashes. Yet all of this
politicking can be set aside, if people learn to respect
each other. In the end, Maslow's hierarchy of needs proves
true. And we, being a community that is destined to evolve
together, must take cognition of that.

Traditional notions of what "values" permeate our families
may vary widely, given the fact that our communities are
largely different in upbringing and thinking. In this day
and age, it is undeniable that religion plays a strong and
pronounced role in shaping our young Malaysian families. In
effect, the concept of "family values" becomes more and
more slanted towards conservatism.

A good place to start with what are "family values" would
be wikipedia. Surf to:
http://en.wikipedia.org/wiki/Conservative

If we can identify what are genuinely capable of being
labelled "Malaysian Family Values", we may be on our first
steps to the creation of a Malaysian Family Association. In
my opinion, it is an idea worth looking into. The
beneficiaries of such an association would be myriad. These
may include:

1. YOUNG COUPLES AND NEWLYWEDS - They stand to profit from
the accumulated wisdom and experiences of those older than
themselves.

2. OLDER COUPLES - It is a great place to know more people
from the same age group, especially since most of their
"best pals" would be "migrating to a higher plane of
existence".

3. YOUNG CHILDREN - They learn culture, tolerance, love for
their fellow men (not promoting homosexuality), respect for
their elders, co-operation with all layers of society, and
the concept of their proper place.

4. SOCIETY AS A WHOLE - Such a family association would, by
its nature, cut across the definitions of race and
religion, and thereby unite the nation even better. We are
too young a nation to leave unity to the hands of
arbitrarily appointed civil servants. We need to take
positive action.

5. PRESSURE GROUPS - The family association would embody
and stand for "family values". As a collective body, its
opinions and views on various issues may be validly viewed
as a gauge of acceptable standards and behaviours. In
short, such an association would be capable of calling for
a boycott of products / services that promote values
hostile to the spectrum of values known as "family values".

Some people tend to be naysayers. It is not unjustified to
look at the negative side of things, thinking that if
nothing works out, at least -- you will get the benefit of
saying, "I told you so!" But the family association has
already been proven to be a workable idea. Just take a look
at:

1. American Family Association - www.afa.net

2. National Military Family Association - www.nmfa.org

3. National Family Association - www.familyassociation.org

4. Other Google results on the phrase "family association":
www.google.com/search?q=%22family+association%22

It is interesting to note that the AFA (National Family
Association) boycotts companies that support gay/lesbian
relationships, but the NFA (National Family Association)
supports such gay/lesbian relationships. The reasoning? AFA
thinks that such behaviour leads to the breakup and
downfall of the family unit, whereas the NFA believes that
such behaviour is an expression of "human rights" and
should be accepted.

The question is not so easy to dissect. Perhaps, an easier
version would be whether you would harbour your own
brother/sister if you knew that s/he was a murderer?

That question aside, Malaysians have a hard time creating a
family association that cuts across the invisible borders
of race and religion. I have not yet heard of a Malay
family association nor have I heard an Indian family
association. Perhaps it is only my ignorance and such
associations exist. I do know that among the Chinese, such
associations do exist among people of the same surnames.
These are known as the "clansmen" associations.

In the end, we may find that we already do have family associations in Malaysia, it's just that it is unfortunate that they go under the category of "political parties".

Learning About Finance @ Yahoo!

Dear Reader,

Yahoo! is well known as a search engine, firstly, and an
e-mail service provider, secondly. But is it well known for
news, finance, etc? Yahoo! has put in efforts in
revitalizing its businesses, and all that effort is worth
checking out.

Special Editions of the Yahoo! Finance is worth looking at,
especially as these give us insights into the world of
finance. Unfortunately, many times, the articles look at
the world from the American perspective. It is of course
much better than having to reinvent the wheel. We learn
from the experiences of others, and avoid having to make
the same mistakes ourselves.

Surf to:
http://biz.yahoo.com/special.html

Yahoo! has also engaged noted individuals to "contribute"
articles to its website. In doing so, it creates a win-win
situation: Yahoo! gets free articles, and the writers
(contributors) get free publicity. Incidentally, services
like Lexis-Nexis and other free online "directory listing
services" also encourage article contributions from their
members. They eventually hope to become a "source of
information" for their members (existing clients: likely to
be repeat customers) and non-members (new clients).

Surf to:
http://biz.yahoo.com/special/allbios.html

An article by Robert Kiyosaki, world-reknowned richness
guru, appears on the Yahoo! Finance website. Entitled
"Putting Debt to Work for You: Why the Rich Get Richer" is
very informative. In it, Kiyosaki described how at the age
of 27, he bought a condo with a credit card. He owned two
condos, one of which he stayed in, and the other which he
rented out. Positive monthly cashflow: $25. His friends
"ribbed" him, calling him the "Credit Card Tycoon". One
year later, he told his friends that he had sold the condo
for $48,000: A profit of $30,000.

Mr. Kiyosaki quotes his "rich dad", in what I feel is an
irony: I quote Kiyosaki quoting his rich dad. Nevertheless:

[quote]
"My banker is my best partner," my rich dad used to say.
"He loans me 90 percent of the money and I control 100
percent of the property, 100 percent of the profits, and
100 percent of the tax breaks. All I have to do is find
great investments he wants to be a partner in."
[/quote]

Read his article at:
http://finance.yahoo.com/columnist/article/richricher/1329

There is another article: "Why Savers Are Losers: Why the
Rich Get Richer", also by Kiyosaki. In it, he describes how
he learned about the "fiat money" system. The experience of
Germany, which printed money at will, caused unbridled
inflation. The result: collapse of the economy, thereafter
followed swiftly by World War II. America (Nixon) dumped
the Bretton Woods system (money backed by gold) to embrace
the same "fiat money" system. Kiyosaki points out that the
American Government says with aplomb that inflation is low,
but such "inflation" refers to the CPI (Consumer Price
Index), and does not cover asset prices. Assets are defined
as "house, gas, gold, or stocks" and Kiyosaki sums up by
saying:

[quote]
In summary, investors shop for _asset bargains_, and
consumers shop for _consumer bargains_ and try hard to save
_money that is not really money_.
[/quote]

Read it at:
http://finance.yahoo.com/columnist/article/richricher/1224

Interesting, the things you find at Yahoo! More interesting
yet is the etymology of the word, "Yahoo":

[quote]
From _Yahoo_, member of a race of brutes in _Gulliver's
Travels_ by Jonathan Swift.
[/quote]

Surf to:
http://www.bartleby.com/61/20/Y0002000.html

Jonathan Swift began the novel in 1721, at the age of 54,
and completed it in 1725.

__________________________________
Yahoo! Mail - PC Magazine Editors' Choice 2005
http://mail.yahoo.com