Will

People who loves me, tend also to hate me.
I seem to know why, but i really dont know if you ask me.

I'll seriously think if there's something really wrong with me.
Sorry for everything as i might be doing something out of sense.
Thousand apologies.....

Cheers.

Fear

Usually, i have my post really long winded.


I'm indeed in a fearful state as i know by judging my performance now, i am in a 3rd class range. Let alone as hoped by my lecturers, a first class? No way....Logically make it no sense at all. I am writing this down since i found no one who can really understand my feelings or maybe some.

Its my final year. At times, i even thought of regretting to enter this school, well reputation nonetheless it gives me hard time. I am afraid. I'm just afraid.

If i cant make it, i will let them down.....at the same time, i dont feel myself in the right track.....

Me.Them.It

Here is 'me',

As I always be, an absolute dreamer. It's me.

I must express,

Telling it is 'me' has got no representation of 'egoistic',

Nor will it be a self centralist.


Dubiously,

Answer why is that case,

Without realising who are we makes no difference but a living corpse.


The juncture I have met,

In many ways has expanded my dreaming capability,

Living in a dream doesn't  neglect one's rationalism;

Whereas eliciting more hopes coupled with logicalness,

It is propounded nothing but a trite life,

Having lived without a dream.


Here is It,

The Lex Legum Baccalaureus,

A high hill I am climbing,

Erroneously crowds have represented their views,

A suit who may have been too tight a try,

It therefore, draws a wistful smile on me.


Fiat justitia, ruat caelum,

Joyful and challenging it must be averred ,

A gaze, I maybe gained from most,

Obligation I will bear to soothe all:

It is a truth, nonetheless.


Rebutment plausibly unearthed in my previous post,

That nothing's called a truth,

The de facto is,

My true feeling,


Amused by the craft of the brilliant judges,

Making the law interestingly presented,

A delight I have obtained,

The Stare Decisis.


It is 'Them',

Amid all importantly their existence,

Clamour i may have made at the erstwhile,

Trully their efforts making all feasible,

A sumptuous gift I have received.


Having my feet on Cardiff,

Feeling how concrete the ground is,

The way i made  it here,

because of 'them' and the lovely 'it'.








Here is 'me',

As I always be, an absolute dreamer. It's me.

I must express,

Telling it is 'me' has got no representation of 'egoistic',

Nor will it be a self centralist.


Dubiously,

Answer why is that case,

Without realising who are we makes no difference but a living corpse.


The juncture I have met,

In many ways has expanded my dreaming capability,

Living in a dream doesn't  neglect one's rationalism;

Whereas eliciting more hopes coupled with logicalness,

It is propounded nothing but a trite life,

Having lived without a dream.


Here is It,

The Lex Legum Baccalaureus,

A high hill I am climbing,

Erroneously crowds have represented their views,

A suit who may have been too tight a try,

It therefore, draws a wistful smile on me.


Fiat justitia, ruat caelum,

Joyful and challenging it must be averred ,

A gaze, I maybe gained from most,

Obligation I will bear to soothe all:

It is a truth, nonetheless.


Rebutment plausibly unearthed in my previous post,

That nothing's called a truth,

The de facto is,

My true feeling,


Amused by the craft of the brilliant judges,

Making the law interestingly presented,

A delight I have obtained,

The Stare Decisis.


It is 'Them',

Amid all importantly their existence,

Clamour i may have made at the erstwhile,

Trully their efforts making all feasible,

A sumptuous gift I have received.


Having my feet on Cardiff,

Feeling how concrete the ground is,

The way i made  it here,

because of 'them' and the lovely 'it'.

The Carpenter

At times, we called it, 'the hammer'. Over the decades most of us reading law, graduated, retired from legal profession and we still calling it, the hammer. Howsoever it being sheepishly sounds when all of us 'named' it as the hammer on the hand of a judge, we may all be surprised. Commonly, at least, amongst my friends, it triggers no curiosity on why would a profound judge holding a 'hammer' when he is not fixing any wooden furnitures. It may be well understood if we trace back to the history of it, it is used in medieval era of England for the purpose to settle agreements of land. In fact, it is called 'Gavel'.

The sound of gavel signifies a decision made and no changes shall be made. The concept of it not only been practiced by England but The Great China in its memorable empires. Though it did not exist in 'hammer' nonetheless it meant the same. The judges, no matter in which country, in what form they practice or in what way the used the hammer. They are indeed,in my perception, the carpenter. Any defective wooden furnitures is to be fixed by them. They have various tools and at the very moment, they might even need to be creative enough so get the defective wooden stuffs fixed and it can be nicely seen. This is how a carpenter should be? If it ever not been properly repaired? Complains and dissatisfaction hence arisen. As Lord Hewart CJ expressed in R v Sussex Justices exparte McCarthy [1924] 1 KB 256 :

"...It is not merely of some importance, but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done..."

Having said that, the judges roles is vital and it is opined that the gavel is thousand times heavier than the usual hammer, psychologically. Their great lordships are burdened with such an obligation to make sure all the wooden made furnitures are all safe and quality assured. All tributes are nonetheless may not have gone to them. Each

gavel's sound, it indicates a decision made which need to take into consideration of policy, political pressure, and the interest of parties before them. Their decisions with a sound reasoning. Of course, people's view differs from time to time. Their view at the time it was decided may not applicable nowadays, outmoded laws. Mistakes are permissible but unlikely for them as judges. If once an unfavorable decisions made, it opens door to severe criticisms. For example, some brave judge with activist blood tends to create new laws, there it attracts negative comments in not respecting parliamentary supremacy. Some passivist judges whereas choose to stick with whatever decided, their hands are however tightened with precedent, similarly, it attracts criticism, too. However, it is to be noted, there can be more than one right answers towards single issue. All these criticisms, commentaries, dissenting judgement however makes law a lively one and would not have bored us, the law students. Whatever decisions made, credits and tributes can never left them.

It was not very long ago, where i think it was an interesting area in the study of law in my year one. This is a paper which i scored with distinction, common law reasoning and institution. I appreciated the chance of me studying this, especially dealing with judicial precedent and statutory interpretation, both are inter-linked. It was also few months ago, i had an intellectual discussion with a friend currently reading law in Oxford on whether a judge should create law to fix current problems or merely to apply the law. She is of the view that, the law itself is of non disputable as it is laid down black and white but the interpretation of each minds are disputed. That makes the law more complicated and uncertain. Anyway, i am still firmed on my perception where exceptions are needed. Lord Denning's creation of proprietary estopel and many others exceptions, undoubtedly, solved many problems.

Regardless, disputes has also relatively and have gradually increased due to these as this society is getting litigative when their rights are made conscious.

William Blackstone's view on judicial creativity is favorable for activists where law has not been created but merely to discover them. It remains dubious as to whether judicial creativity has create more troubles than settle disputes. The United Kingdom has got one characteristics, namely, the rule of law. Diceys postulates on it, where judges are the best protectors. Of course, the judges is supposedly to be fair minded and impartial. If the judges hand are so tight and bound by precedent and may have committed a conceptually wrong of judiciary where it results injustice. Would it then be unconstitutional? Having failed to perform justice, is definitely not the will of citizens, being put in such a cross road. What is their roles? Being the Carpenter, should have just fix whatever necessary as a Carpenter is not an inventor.

The common law started since time immemorial, by Henry Bracton( 1200-1268), he first laid down in latin phrase that :

'Si tamen similia evenerint, per simile judicentur, cum bona sit occasio a similibus procedere ad similia'.

It simply means, similar facts should result in similar ways, the spirit of stare decisis. It is said, judges are to do justice according to law and not doing justice by creating law. Practically, judges are now playing with words as its their expertise. In fact, purposive approach are getting popular by interpreting the words based on the 'intention' of the parliament.

Lord Coke stated:" ...it is the task of the judiciary in interpreting an Act to seek to interpret in 'according to the intent of [the parliament] that made it..."

This is what, doing justice according to 'law' which up to their discretion to interpret what did the parliament intended. In practical effect, at times, the standing of judges still prevails. The classic example would be, the decision in Vandervell v IRC, Grey v IRC and Oughtred v IRC.

The people's will stand. No?

Another phase of my life

Hearsay

30th June 2010( Exactly 1 month remaining)

Overview:

My dearest classmates, honorably to announce, Digging a well when in need of water would be the best dress to suit on me at this contemporary moment. Doubtless, everyone of us can never runaway from viva test tomorrow unless you have any justified reasons(your justification).

'Justified'- in accordance to Cambridge English Dictionary, it simply means one to give a good reason. In Christian theology, 'justification' is God's act of declaring or making a sinner righteous before God. The concept of justification occurs in many books of the Old and New Testaments. In the eyes of Buddhism, it is opined where one has done something with no harm but to do good. Having such a long winded statement of me here might raise your thought of serving no point reading these when the heading states Hearsay. Be patience, it does lead you to a longer journey. However, whether one's reason is justified is to be looked and assessed by the relevant society. My point is, no matter how convincing you think your reasons were to be a justified one in your mind. It does not apply to our law school, if one were to stick that thought in his/her mind, its better to bring that mind to where you belonged to. This world is full with contradictions where all society's mind could be differ. Though a contradict one, it is a 'justified' one.

As per Myers(James William) v DPP[1965] AC 1001 ,Lord Reid in House of Lord expressed his perspective when it comes to the discussion of ' Too many of discretion of the courts which makes the law of hearsay being neither sufficiently clear nor at all predictable'. His Lordship stated where hearsay test has satisfied, the judges has no discretion but to exclude the evidence, no matter how cogent it seems to be. Likewise, in our case, no matter how convincing you are, the admin would at the higher likelihood on not to 'admit' your 'evidence'. We better get prepared then !

Regardless, it is imaginable to have anticipate or it needs not even to predict where we cannot ignore the obvious - we are all cracking on evidence books( of course pray hard so everything will be fine tomorrow). A large number of us are choosing burden of proof as their viva test topic on the very understandable ground that it is rather easy to grasp on as compared to hearsay. The inevitable nature of our life has resulted in one way by leaving us no way but to face it and this letting us getting used to it.Of course, it remains dubious whether we as the homosapiens are that optimistic.

Seeing the hands waving from the starting point, we shall back to our initial concern. It is said, when one has chosen hearsay as their topic, one must be showing the heroism. Nonetheless, it is definitely not at all my case, the reason of me choosing this topic is, this topic is as bulky but it is within our syllabus. Hence, i have made my mind on taking this viva test as my revision so my shoulder at least not so burdened.

Introduction

What is hearsay, the word itself may have already given us a first impression. In a layman language, you heard it somewhere and say it. Before going deeper to our discussion, one principle must first lay down as a foundation in our mind. In general, the court of law does not admit the evidence of hearsay ( HENCE, AN EXCLUSIONARY RULE). Fine, one contentious argument where we may have thought of, why would the court not admitting the hearsay statement even when it appears to be an imperative one? Wouldn't it abuse our right to a fair trial under Art.6 European Convention of Human Right ? Keep that thought floating in your mind first, it will soon be dealt with.

1.0- What is Hearsay?

First at all, what is hearsay in law? It can be found as defined in Sc. 121(2) in Criminal Justice Act 2003- CJA2003.

It reads, "hearsay for the purpose of that section as ' a statement not made in oral evidence, that is relied on as evidence of a matter stated in it." Yes, it does not speak much in this section where common law has a better definition.

A leading legal academician, Sir Rupert Cross has once stated,

"hearsay is an assertion other than one made by a person while giving oral evidence in the proceedings is inadmissible as evidence of any fact asserted."

This quote was latter used by Lord Havers in the land marked case of hearsay which is R v Sharp(Colin) [1988] 1 W.L.R 7 HL.Till now, this definition remains to be the influential and most quoted one when one dealing with hearsay.( It is now codified under CJA 2003) In short, any hearsay statements shall be excluded.

1.1 WHY CANNOT ADMIT?

Logically, how reliable is the hearsay statement? if it were to be classified to be that reliable and should be admissible, why would the seeking of evidence by the parties that is blatantly costly and time consuming when we can simply get any hearsay statement admitted? Every logical minded person would have that lies on their mind. Therefore, the court, the institute of reasoning, would at times not leaving one principle half hanged but with a rationale. Lord Normand sat in the case of Teper v R[1952] AC 480(PC), laid down the rationales behind it:

(a) It is not made under oath

(b) There cannot be cross examination

(c) Repetation is dangerous because ' Evidence of this kind may be fabricated'

* Byles J, R V Jenkins(1869) LR 1 CCR 187 - also stated the same as Lord Normand stated. In Lord Devlin's words, the danger of hearsay is that the juryman, unused to shifting evidence, might treat it as first hand.

In addition, even such an unreliable matter were to be admitted, its also go against the Golden Thread Rule in Woolmington v DPP, by Viscount Sankeywhere everyone is innocent unless proven guilty.

As Blackstonean maxims stated,

"its better that ten guilty persons escape, than that one innocent suffer."

It is to be noted, both Sharp and Teper are both decided prior to the Human Right Act 1998. It has been argued, this assumption may turn out to be completely erroneous and perhaps, out of date.

2.0. The Rule of Hearsay

Importantly, it is necessary to satisfy the test of hearsay in order to render the statements made as 'hearsay' if it successfully passed the test, it can be tendered as original evidence. Be cautious, at this stage, it is not an exception even though it is made as original evidence and admissible. It is admissible when it is NOT a hearsay.In considering of many issues, a general always follow by exceptions. Where the statement didnt pass the test of hearsay and proved to be a hearsay statement nonetheless admitted. As such, it can be classified as an exception. The current test is laid down in:

• Subramanian v DPP[1956] 1 W.L.R 965(PC), it is commonly known as the two tiered test by Mr L.M D De Silva.

-FIRST: There must be a statement made out of court

( Patel v Comptroller of Customs [1966] AC 356 PC, Lord Hodson )

F: The defendant was charged with making a false entry in a Customs form about the provenance of begs of coriander seed,by untruthfully alleged they came from India when in fact there were marked as 'Produce of Morroco'. The prosecution wanted to tender the marks on the bags but it was held, since it is tendered for truth to prove it is not as alleged by the defendant. Therefore, it is a written out of court hearsay statement.

( Chandrasekera v R [1937] AC 220, statement made by gesture )

Another vital issue in regards with this issue, where an implied assertions are subjected to the rule of hearsay therefore inadmissible. R v Kearley - Someone came to the door asking for drugs and calls for drugs under s.115(3) to have the purpose of causing another to believe the matter. Birch argues its to be radical one.

However, it has been overruled by R v Singh(2006), Rose LJ in which an implied assertion no longer subjected to hearsay.

-SECOND: It must be tendered for its testimonial effect

( R v Sparks) - It is tendered for its truth where the 4 yo girl was assaulted, her mother took the statement where the girl told her the man is in coloured, the defendant is white.

( R v Lydon) - Robbery case, papers was found written as 'Sean rule'. There was no one named Sean charged by prosecution,Hence, not tender for truth - admissible.

( R v Turner) - Confession of Third Party, hearsay, inadmissible

( R v Ratten) - Charged for Murder his wife and the gun accidentally shot.The telephone call of the wife asking for police is not tendered for the purpose of truth. Therefore, it was not caught under hearsay rule.

3.0 EXCEPTIONS:

Remember we have something left floating in our mind? Where it would lead to some unjust and unfair if hearsay statement cannot be admitted? Here we go with the exceptions where hearsay statement is admissible.

(a) Common Law Exceptions( No longer effective)

1. Dying Declaration
2. Res Gestae - Things is part of the event [ Preserved in 118(1)]

->R v Ratten by Lord Wilberforce

->R v Andrews- Andrew has a conviction of manslaughter, there was evidence where the victim replied to a question of a constable saying its Donald that injured him, but the constable wrote as 'Donavon'.It is evidenced that the victim has Scottish accent and had drunk. The HL admitted the evidence via Res gastea.

This rule has been criticised to be obscure and hazy till today.

(b) Statutory exceptions which codified in CJA 2003

Hearsay statement maybe admitted via the admissibility sections under S.114 & 115

* S114(1) Lord Havers Definition + S115 explains the 'matter stated' as:

representation of fact or opinion made by person which includes a representation made in sketch, photo fit or pictorial form that cause another to believe or cause other to act or a machine to operate

( R v Coventry exp Bullard)

->>>S114(1)(a) provisioned that admit the evidence of hearsay that inclusive of S.116 ( The unavailability section) and S.117(Business and other documents)

• S.116(1)must satisfy all the subsections.

• (a) oral evidence by the person who made the statement would admissible.
• (b)the person made statement is identified to the court satisfaction
• (c) subsection two applies

• 116(2) - dead, unfit, outside UK, cannot be found, fear( S116(3)- Death,PI, Financial loss R v Martin) but all to be obtained by leave from court as perS.116(2)(e) R v Acton.

S.117 (1) ,in conjunctive reading, to satisfy:

• (a) oral evidence given and admissible
• (b) 117(2) to be satisfied,

- created or received by person in the course of trade, business, profession or other occupation, or as the holder of a paid and unpaid office

- the person who supplied the document had personal knowledge

- each person through whom the information was supplied from relevant person mentioned in para (a) received the information in the course of trade, business, profession, or other occupation or as the holder of paid and unpaid office.

• (c)if 117(4) requires, then s117(5) needs to be satisfied too.
• (4) - If the documents was prepared for criminal proceeding or investigation then (5) must satisfied, either unavailable as 116(2) or the person cannot reasonably be expected to recollect the matters, which means too long.

However, it must also be appreciated that, if any documents contains doubtful view of its contents, source of info, how it supplied and received and it maybe created as stated in S.117(6). This reflects Lord Normand concerns in Teper v R.

A copy of the documents may also be admitted by those who has read it if the original evidence is lost, damaged or cannot be found. If not, original copy must be tendered.S.133 CJA 2003. R v Nazeer

S114(1)(b) - Preserved Common law exceptions

As provisioned in S.118(2), the common law exceptions are expressly abolished.

Technically, it is still preserved under 118(1) rule 4 of res gestae, it is admitted:

(A) Made emotionally overpowered where there are spontaneous exclamations of the victim of an offence.- may include dying declaration???

(B) Statement relating with the makers performance act. R v Mc Cay - ID

PARADE , POLICE ARE ALLOWED TO GIVE EVIDENCE

(C) Relating to physical sensation ( R v Gloster -dying women making statement named the person responsible, inadmissible) Limited usage.

Relating to mental state ( if its relevant or in issue, is contemporaneous, indicates the maker's mind)

R v Dixon - statement made after killing

R v Ball - Statement of antipathy feeling

R v Glifoyle - Norman charged for murder of his wife, a suicide note was presented. Wife's friend said, Norman asked Paula to write a suicide note in the course of his project. CA admit it should have been admitted under hearsay rule as its reflects the state of mind.

114(1)(c) - Non contentious one, all partied agreed to tender the hearsay statement.

114(1)(d) - It is a inclusionary discretion in which the judge can admit it in the interest of justice , R v J (2009) and R v Sparks may have been different if it is decided today. Lord Cooke is of the view it should be reformed. It should be used sparingly as Lord Standley Burton stated in R v Z(2009) where its a rape case, there is a third pary whom he had abused.

MULTIPLE HEARSAY EVIDENCE

By invoking S.121(1)- cannot admit an earlier hearsay unless it is under s.117,119, 120 or all agreed or in the interest of justice.

Mc Gillvray - if the middle person is merely conduit pipe then its not second hand hearsay.

Another important elements if one wants to admit an hearsay evidence, the maker must be capable( s.123) and creditable ( s.124).

In the new act, it provides various of discretion to judges like 114(1)(d), 116(4), 117(7) and s126(1)(b)- if waste of time. S125, if too much of hearsay evidence, judges hold the power too.

Notwithstanding large chunk of criticism has been made towards the fact the judges hold too much power. But, an inclusionary discretion is now an inevitable feature of a statutory concept.

Sources:

Evidence Textbook, Gregory Durston, Oxford Publisher

Miss Christina Chelliah Guidelines on 'Hearsay'

Brickfields Asia College Textbook, Mr Raja Singam

Blackstone Statute Book on Evidence, 10th Edition

At this juncture

It has been days and more than a week for me to self quarantined myself at home by the sudden attack of sickness. I had a disasterous moment tortured by illness , likewise, it is just a golden chance for me to have a rest as i always desired to. It is sheepish and fatous to claim my sickness eventually bring me some kind of benefits, neither i myself declare myself is no different with a weirdo. It brings me into awakeness and realisation. It leads me live a day, at least a day with gratefulness. To be frank, as an egoistic person who always think himself doing the right thing and claim others who agaist his ideology as wrong will of course have some conflict with people. Life full with grievance and disatisfaction. Yes, i always have conflict with my family's views as i will invoke my theories on something. In another word, i will make sense out of non-sense. Till now, i can hardly remove all those theories in my mind but just setting it aside and feel some love from them. Being anxious about my sickness, i am worry that my parents will get infected from my influeza since i am not sure whether do i got AH1N1 infection. However, they have taken care of me by ignoring the possibility of being infected. Yes, i had a tough time for being in pink of my health, so do my parents. While i was in fever severely, they barely sleep but keep on leaving their room and come down. They touched my forehead with their warmful hand. I was in dream that time i guess, but, i can somehow feel it. Though i do aware of it, still, i was so inconcious that time. What i know is, i need to sleep more as i can finally fall asleep.

Hooo.....i took a deep breathe, it is the first time i ever stay at home for such a long time this year. I cannot make it to temple , basically, i cannot make it to anywhere . So, it leaves my no choice but to stay at home. It is so rare that i stay at home , so, i would just sleep and lie on my bed. I mean, even if i stay at home, i must have something to do. To be exact, it is the first time i ever feel free which i think is bad as i almost lost my direction of life. What is life if you spend time doing nothing? Thats what i told my mum when she complains that i have been too busy with activities and friends. Yes, i has been going out quite often. At least i didnt go for clubbing ? I have my own jurisdiction on what i am doing. Whenever i discuss about time with my mum, there will be at least disagreement between both of our viewpoints. Well, its because the side effect of medication. I took a lot of supplements while i am still sick. Stolle milk which my mum believes it can strengthen my immune system , Honey which my mum thinks it can kills viruses or bacterias and some Chinese traditional medicines that i dont have faith on it. Haha, at that moment, i really dont have much choice, what i want is to get healed. Till now, i am getting better, but i have zero idea on which one works on me though. I feel like i am staying in an asylum which full with all kind of medicines.

This 'holidays' has also given me a chance to sit tight on the sofa with the TV remote control on my hand and press it . I have the chance to watch some programs like some forums held between some famous authors, some documentaries programs and some drama of course. Last time, i really dont have time for that. Of course, i was spending my time on the bed and in front of my laptop more. How about books ? Not really, maybe a few Reader Digest. I read it , flipped through and fall asleep. I also notice that i have not been really reading last days, not even newspapers. Erm..so, this sickness dont really bring me on a wistful venture, but it brings me to do more things. The most relieving news i would say is, when the doctor soothed me with the news that ' I AM NOT INFECTED BY H1N1 INFLUEZA'. Yahoo.....Now, i am pondering whether should i go to college tomorrow. I missed a lot of classes last week. Especially EC law ! Well, most probably i will going tomorrow though. Miss my mates a lot also ! They will see me with a spooky look tomorrow as i will wear a mask there. I know it looks weird. For the public's benefits, i shall practice that.

Apart from that, i went to clinics 3 times in this 2 weeks and have taken X ray to see whether my lung is in good condition or not. The daunting moment is , all clinics are so crowded man ! I think it is not only H1N1 is spreading but other viruses as well ! What happened to the world ? My mum and i were waited for 1.30 hrs and i was there with antsy feeling already. Finally, it was my turn, they took my weight as usual . The doctor is one of the greatest doctor i have ever met, the way he treats patient is very different than other specialist. His name is Dr Ludher Inderjit Singh, he was the only doctor in the anti-communist military that time. Thats what he told me, those communist wanted to kill him as he is the only doctor and therefore he needs to protect himself by wearing the same shirt as those army. He really check the patient from top to down unlike others General Practitioner. Though he is practicing as a GP , but, he himself actually is a specialist. He always chide on my dad since my dad has a big tummy resulted from beers. It is because of him, it is one of the major reason why my asthma getting better. I have been his patient for at least 10 years. If my asthma ever get healed completely, the credit should really goes to him.

Anyway, i had my holidays started earlier and i think i have enough of rest ! Time to move on! Thin time has gone ! I really need to know how to take good care of myself. Seeing my parents worry isnt a good thing. They have done more than enough. See what i have now ? I am not being high profile on what i have. It is just an feeling shown to express my satisfaction and appreciation . Thanks a bunch to everyone!

Ohya, i bought a guitar and will start to learn playing every Saturday in the temple. It is a Hofma guitar model 260 which cost around less than RM300. My friends told me its cheap as the market price is around RM400+ . Nonetheless, my classmates who known as a walking encyclopedia - Freddy, told me that it suppose to cost only RM190. He claimed that i was being cheated already. He dont know how much faith i have on my friends, then i have abit of surveying job and found out that RM190 is the price for USED GUITAR. Haha...i guess he got it wrong this time.

Bed time now, share with you all my thoughts next time. I really have lot to share here.

I hope the ailments will leave me forever , no, leave this world forever.

Numerous of Thoughts (2)

Argh....I was exhausted. All these are suppose to be so simple and it comes t become complicated when it happens to me. Oui (In french means YES), i am living in a world which requires a lot of choice choosing. I know this doesnt apply to me as all of us will experiences. There's too much that i need to be considered on as i know, it is not me myself making my life but it is all of u making my life. My life is just so lucky and being fortunate to have all of you. Yes, as my title of this post stated, numerous thoughts in seconds. Till now, i am still waiting for the entry into UM Law Faculty which i still doubted whether i have made the right choice as i know the quality of UM is exceptionally low amongst all the law schools in this world. Knowing it's quality especially for the lecturer there is bad and why would i still taking such steps ? What is amiss to me ? In fact, there is nothing wrong with me as i know both are wise choice.

My college friends now has been working really hard in their law studies, as they are aiming really high. They are aiming for Kings Scholarship which i think i myself dont have faith on getting it . Nevertheless, i still cant stop dreaming about it. Dreaming myself getting into Kings College, London. At the same time, i think i should stop dreaming this since i am still unsure whether will i still continue my law studies in BAC. Yes, half hanging again. Study abroad has been my dream since small especially UK . It may be beneficial for me if i got the chance to read law in UM , i may not be burdened and stressed as now by what my friends have labelled me as. This is simple on the grounds that, Kings Scholarship will not be awarded for top scorer in UM. Well, of course, i would be very happy if one of us gets that. We all get enthused on the Kings Scholar topic. We all study in the same institution, we have the same source, we have the same lecturer ! It is in general that we stand equal chance on getting Kings Scholarship. It would not be fair if one being labelled as Best candidate of Kings and others are not. What makes the different is, the effort one has put in , it is the efforts one has given that makes a genius or in another an intelligent. My friends, lets start moving ! ( I knw some of u have started though) , I believe you all can create a record in the history of Kings Scholar , a Kings Scholar may not need to be a nerd ! Work hard is neccessary at this point .

Hais, i have very much to write. All this while, i has been a very good anti-lecturer in my class. ( Which lecturer? lolx...u will know it). I admit that i myself is in ego naturally, but, i just cannot accept when an experienced lecturer make such a fundamental mistake and yet not willing to admit his fault. How could a unilateral offer becomes an Invitation to Treat on the case of Carlil v Carbolic Smokeball Co ? In this case, it was held that, a unilateral offer which has done by advertisement to world at large maybe an ITT, however, in Carlil, it makes a different whereby it requires an act for a promise. So, it is amount to an offer. Another case on this would be Bowerman v ABTA , it illustrates the same issue as Carlil case.

Yes, most of my classmates enjoy his class because he gives funny example on case . I as always, being so serious, i dislike that. It is not because of the jokes he told is bad but, if jokes and facts mixed together , that would lead to a serious consequences ! As long as he can tell jokes and deliver the right fact , i would probably listen to what he said. The notes he has given to me, i have not even touch on it . Well, the same applies to me, i just hate teaching people when i am unsure about certain thing. Last tuesday if i am not mistaken, I came to college in the morning as usual. I was asked to teach Tort and that part is remedies ! It is the girl, MJ, who then keep on asking me to teach her to write an essay on remedies which i am so damn not sure about that as i dont really study on that chapter during my A-levels. I tried my best but i felt so guilty at the sametime as i am afraid that i taught her the wrong thing. If it is for me to dislike people teaching wrong stuff, then i would hate myself as well. Nevertheless, that day has really makes me come to realise that, i should know everything in detail.

There is another thing which i would like to share with you all, BPTC in UK will be comes into effect by next year while it was being proposed by this year. BPTC stands for Bar Professional Training Course and it is currently being known as BVC ( Bar Vocational Course) . BVC has been a great course for those who wants to become a barrister, it is very practical and intensive training on advocasy skills and so forth with 13 subjects. However, UK doesnt seem to satisfy with it and looking for improvement. It is said that , the BVC graduates do not reach the standard which they are lack of advocasy skills and writing skills. I can now understand why UK education are much more prestigious than Malaysia . They always aiming high, scrutinise their whole system, analyse it and correct it as soon as possible. Whereas in Malaysia, the Great Britain makes Malaysia such a tiny country ! Come on ! Malaysia, dont live in comma ! wake up ! We need a change ! We have gone through Industrial revolution , why not we have an education revolution ? Yes, i agree we should love our country ! The way we love it is totally wrong ! We shouldnt be satsified so easily as there's room to improvement. We must know what is our mistake ! Just admit it if we are in problems ! Why hiding it and still claiming that we are doing great ? I wonder why a professor can come out with such words. Ok, i have been talking too far, well, my point is, if BVC is of least satisfaction standard, what about Malaysia's Certificate in Legal Practice which is not practicle based ? If Malaysia wants to change , why not being efficient on it ? Yes, they proposed a CBC Scheme , but it will only be coming into force by 4-5years later! Malaysia, please change ! If we have the vaccine of the virus, why not using it as soon as possible ? Lets have a fair meritocracy system!

What i can say is, Malaysia boleh. The only country which has a written constitution but without separation of power. The only country which can use power arbitrarily. The only country knows its problems but has not taken any steps to overcome it. I really cannot anticipate on what will happened to Malaysia in the future. Why would they still using Malay to teach their law ? I had a glance on the law books and the way they contrued the sentence is so problematic. If they were with the will or intention to make UM a international recognised university, they should do it in English as it may be the best way to decribe the law.

As i promised, i will write on the role of a judge, i couldnt recall what i wanted to share as i have forgotten whats the arguments i had with my friend. A judge in my view , should be impartial and without realising himself hold a pose called JUDGE but with the realisation that, Justice must not only be done, it must be seen to be done. The lust for craving for power shouldnt exist in the judge. As per Lord Nolan , judges are not interested in the pursuit of power.If they were, they would not have become judges.

TO BE CONTINUE................................................................

Numerous thought in seconds

I feel like taking a rest. I am really mentally tired which is undescribable.

Sava bien ? Sava !

I hope all the respective readers are enjoyed reading my blog. Though some of my friend do think my blog can hardly be understood and it is a way too long ? I really appreciate those who has discussed with me on the philosophies and left some comments. Thanks abundantly for your typing efforts. Can't imagine all thing can be so furious and extremely prompt. By viewing and reading this post, you will get to know me better. Especially, this post....

Below are what am i gonna jot down in my blog :

~ The negative side of me will be disclosed partially here now and in this post itself. Dr Jekyll is back! It is reveiled by a wise man who happened to appear in my life at one point of life. The one who keep remind me stay away from egoness and self-centredness. The one who has lead me all this way till now. The one who has enlightened me along when i faced obstacles.The one who teaches me to take off the thought of " An eye for an eye". The one who knows me the best !

~ Another issue i would like to discuss on would be realitivity whether does money is the only source which satisfy your needs? I, personally think on this view is fatous as you would fall into an deep abyss or may even buried in it. Isn't it is just so undignity ? Lets seek for further discussion in below. However, it is just plainly my two cents, dont take my words wholly as a little knowledge is a dangerous thing.Ermm.... Albeit what i have shared might not be idea or realiable, but, i think as long as it leads you to think, then i fits the purpose of me posting these.

~ Next, i would like to bring on some thought of mine of a role for ' Judges' and stage of life which people may come across to.

~ Whether are you pretending ? The fakeness you are having is true or untrue ? if it is true, are you pretending ?

~ All about my dad

I have bunches of things , thoughts, or incidents that i wish to make it in written but we all just have 24 hours per day. Neither do i as an ordinary man, i have not enough time to do whatever i wished. Look here, some of us may opined that, we actually own 24 hours.By having this thought, man sebsequently, in a way, think that time is beyond their control. No, within OUR control. Lolx...i am man as well. The fact is, do we indeed own it ? Time is a scope of our life in nature where we are given such amount f time to complete your mission. We wont be here if there is no reason as of law, there is law when there is reasoning which make thing or justice to be seen. Where there is a principle of reasoning, it indicating the rule of cause and effect. The nature of law itself is to make justice to be seen, i think those who can near this testimony is natutalist. ( Note: i havent read on Jurisprudence yet, it is just merely a silly view !) . To make thing short, we are here for some reasons.

In the public eyes, people used to view me as a very good human, smart, or hardworking which i am not indeed. It is recently something had happened which put me into awake ! Last time, i dont used to believe in horoscope and now, i think it is quite accurate and true in a way. It is especially when it describes on Leo's characteristics. Egoistic, can hardly being humble, Self-centred and so on. Tell you what, it is true. Sometimes, egoistic is just driving me to criticise on certain issues and ignore other's view. As a buddhist, i learnt a lot of theories on it and it cant seems to be practicable for me. From now on, i really dont dare to declare myself as a Buddhist. I hope to be a better man but yet, i cant make it. I cant see my own mistake ! Where there's a conflict between the Buddhism Teaching and the way my family brought me out. I am trying to lighten up this negative side of me and therefore you can seldom see me giving my views but remain silents. Try to be as low profile as much as i can. I know , my attitudes may have already hurted someone and i am sorry. I dont mean to let you all down. See ? i am bad and stupid and dumb actually. However, i am trying to improve myself.

To be continue on others issue.......

The Social Animal - Emile Durkheim (2)

From the last post, i have got a comment from an anonymous user which he/sh has got a point there. There used to be an ampersand that Man is the lord of all kind. It is opined, that, this phrase is invented by man as a tool of motivation to do their daily rountine chores in a positive way. Too much of sugars will cause diabetes, so do human, if they don't use something within the limit, it tends to make negative issue arises. Man will therefore , ultimately, use that phrase to avoid from problems and negate other views and hence become self-centred . The purpose of that phrase is now goes out of the window. Whether does man is lord of all kinds will be a great debate whereby i think everyone is equal and not only man. I am, in a way, a supporter of functionalist, as what Talcott Parson has expressed, he opined that this society is like a human body with organs , every organs has their own fuctions to make sure the body functioning well. 

Everybody serves as an important part in this society. It is just like your heart can never replace with your lungs and the other way around.  It is indicating that the everyone of us is special with no differences as it cannot be made into comparisons. Hence why i am very curious why and still there is some group of people fighting for their rights. I will lay down the examples here and you may just think of it. If i ever jot this down in my blog , i am sure someone will not be able to digest it. For me, it is not a rational to find a way when there is no way or there is already a way in front of you. 

 As per Auguste Comte, the society itself is a 'social system'. It is again affirmed what Parsons has stated. As a result, please be positive and do whatever you can to achieve ( or i shall say, do what is neccessary) and you are done. You have completed your mission. Therefore, nothing is impossible is quite true is a sense. Haha...why is that ? If you do what u suppose to do and within your limitation , why couldnt it be done ? This does not mean that one can underestimate themselves . You must believe in yourself as u must know you will never know the outcome. It is doing your best that makes you different. Trying your best is just an excuse for you to get ready on failure. Do believe that ....   You are special ! 

The Social Animal - Emile Durkheim

Time flies and water continues dropping. It has been 2 months since started my LLB life in Brickfields Asia College. I am blogging again , last time i used to blog only once in a blue moon. In next to no time, the IPTA( Local Public University) list is going to release . My friends urged me to apply Law in UM and i did so. Since i have not much of faith getting a sit in UM( University Malaya for your knowledge if you dont know), so i get enrolled into BAC which i think i have a great time over there now. It is going to be a herculean task for me to choose whether should i stay or leave. As what people said, it is always hard to say goodbye. Isnt it sounds so sheepish as i know myself won't be able to secure a sit in UM and yet think of that. Am i thinking too much ? I would not deny or neglect your point of view saying that i am anyway. In regards on this issue, one of my friend who always said that i am thinking too much who is Jxxxxxx ( he dont want me to cite his name here,sorry). Well, he taught me a lot of things and maybe some philosophy of life i would say. I should really thanks him profusely on that even he still strongly says that he did nothing. Yes, thinking too much will indeed may bring some complication of feeling. In another view, it is a must to think that much, i think considering is a better word. Instead of saying i am thinking too much, why not saying that i take more things into consideration so everything is under control ? Isnt that one of the requirement of a lawyer is to think ?However, Thanks a bunch to those who has given me some advice and helps ! One of the principle of my life is i will never forget people who has helped me. I really appreciate it. Friends, i will definitely help you if i can do it. Remember my words. Howsoever you all may adviced me not to think so much , i will take it for the usage in the future. Till now, i am still doing what i think i suppose to do and think what i suppose to think. How stubborn this creature is , its me, Junhong. Lolx.... Besides, i am also glad that i have 'Heng dais'- BROTHERS& SISTERS in my life where they have guide me a lots in my life. They are important to me ! Very important. They know me more than my family members. They play a significant role in my life on whatever i have faced, Studies, Personality or Characteristic , Family, Friendship, or recently they even help me in dealing with love which torturing me these few months.( Trust me, u will be surprise what they have done!) Therefore, sometimes you will see me remain silent. I just cant control myself. Excessive thinking has controls all over my body even my mind.

Last time, i used to hate sociology very much. After November 2008, i started liking it. Learning all those philosophies and sociologies is indeed one of the best experience ever in my life. Why ? It will be useful in my law journey or my entire life. It is sad that there are less institution offering this subject in A-levels. In my honest opinion, it is important for future lawyer. It is not to point out that i may be excel in sociology which in fact i dont, i failed once ! The marking of sociology is very stringent and it commonly known as one of the toughest subject in Cambridge A-levels. I tried myself the best to understand this subject and finally i got through. I got a D , I am dare to share this out is not to show that i am good enough. But, it is just simply want to prove those who think i am bright and smart is definitely wrong. Honestly, i worked my fingers to the bone and yet, I got a D , not an A. The fact tells everything. I still need to thanks to Mr Shankar, he makes sociology no longer a total stranger to me and i passed, most importantly. Hehe...

Just not talking too much on that, Emile Durkheim who is a french sociologist and known as the father of sociology used to describe human as the social animal. Why is that ? My knowledge is limited and have poor memorising skill, so, i have no idea whether can what i have laid down here hold much water. Anyway, i will share whatever i know. Society basically forms by a group of human with collective conscience along with norms and culture that is established since time immemorial. Criticism may be arises since he uses the word 'animal', it is quite true in a sense. Animal can hardly live alone , neither do man- The Lord of all Creatures ? . People need to stay together to make a strong society. Therefore, we need socialisation. Socialisation in sociology brings another meaning as what we used to understand it is. We need socialisation to make sure we can live together in a crowd of people so life easier. Of course, it depends on the society's norms , values and cultures on the way people socialise themselve and it changes from time to time as well. In short, it states that human can hardly survive alone. It is essential for ones to socialise and get to know each other in this society. Ooops...when it comes to this question, i shall remain silent as i am not good in socialisation. However, i would still give my two cents on this issue. First, how would you define socialisation? I was once being told by my friend that i am kind of passive. I wonder how does that jurisdiction come from and she never gives her reason for that. Maybe she has her own reason for not explain it indepth. It is rather unjustified whereby ones should notice both sides of a person, whenever you see there is an introvert side of that person, it does not mean that there is no extrovert side in that person. Human is a complicated animal where one words cannot describe it clearly. If ones dare to give me a one word judgement, i can swear he or she will get a lot of question from me.

Second, What is the purpose of you getting socialable ? In realitivism , it states that human is selfish, Glaucon's view is, Essentially, he believes all persons are selfish, self-interested, and egoistic. What do you think ? Is that one of the purpose of you being socialisable , to get more benefits from others ? Be true and be sincere is the best way to socialise, in my point of view. However, it is sometimes out of your control , whereby you need to know more in order socialise and mix with all kind of people. I am very shallow when it comes to knowledge and skills. Therefore i guess, thats one of the reason why i couldnt really socialise well ?

-----------------to be continue-------------------------------------

Progress of Life , it still goes on.

Progress is crucial, whether you have been getting worst or getting better. One must observe theirs own life in order to make sure he or she is on the right track. No? I was reading on my friends msn heading just now and it does awakened me in which we must divide our time wisely to make sure each part of our life is well taken care of. Each of us might have different manners or priority given to each part of our life. For example, one can give more priority to family and least on sports and so on. These days , i have never been really stay at home but keep running out of house. I noticed that, i may have missed out something in my family. Seriously, my time is quite packed as compared to my friends. My LLB class has started, Temple activities that inclusive of Cooking lesson, Dharma lesson and others, Teaching form 1 and form 2 BM on tuesday night, Working if there is any customer needed me to be serve on, Blogging, Swimming, Reading and Researching. I dislike if you need me to sit at home and do nothing or just surfing net. I rather use my time on more meaningful way where i can learn a lot of thing and improve.

Well, my progress is going fine i guess. Still not be able to split myself and therefore i might missed out something. In fact, i just received a call from someone demanding on tuition for primary school. On the fact, i dont think i can take any duties by now even i hope to help out. Sorry for that. This monday i had my Malaysian Studies lecture which lectured by an old man that is quite egoistic and unfriendly. He is funny sometimes though. Seriously, the class is just a waste of time to learn about Malaysia's so called history and Malaysia Legal System. It is nothing even if we get to know how it works ! Yes, i admit that i may sounds deviance to think in that way. Malaysia Boleh ! We learnt about Separation of Power, the court system in Malaysia. What is the point of learning all that if there is no point to follow ? The separation Power is simply now in a mess ! The highest law of the land is least followed and yet the government of Malaysia is working efficiently on getting people under the detention of ISA which is one of the Act of Parliament in Malaysia. The Federal Constitution is setted up once we got our independentship and the citizens of Malaysia is ought to be bound by it. The monarch also must act accordingly to what have been stated in Federal Constitution. In another word , it simply works as the fundamental principle of Malaysia. It serves as a strong foundation in this honourable Bolehland. Howsoever the sovereignity of the Malaysia's Parliament is , it have to be followed since it is the highest law of the land. In concerning on that, it is noticed that the state assembly has been now a hot topic to discuss on, The court has interfered on state assembly. I doubted any country in this world would allows such an incident to happen besides our beloved Country.

In Federal Constitution Article 72(1) , it states that The validity of any proceedings in the Legislative Assembly of any State shall not be

questioned in any court.

SO ? Shall i say , It loses it importance ? Anyway , it is not for me , a first year law student on criticise it or question about it. But , as one of the rightful citizen of Malaysia, the curiousity just drives me crazily about that !

Apart from that , I have enjoyed Public law and it is getting more interesting on the Rule of law. It is somehow related to legal philosophy, i mean sort of. I was planning to buy a Jurisprudence book which is The Concept of Law by Professor Hart. I think it is a good book to read on. However, i am informed that it is not a book that can be read for the sake of interest. So, i rub-off the idea on getting that book even the eagerness in reading that still running on my head. I enjoy so much when reading someone's theory. Of course that theory must be impressed me in some way. The most impressing theory i have ever read is still remain as the Buddhism Theory which trains me the right way of thinking.

I come across when someone asked me how am i going to spend my time whilst i am free, and i answered:" Temple's activities,Swimming, Chatting, Blogging and etc." He is poped up with a short reply :" Hahax...religious boy !" Well, i wouldnt say it is religious and of course it really depends on how you going to define the word RELIGIOUS. It is too subjective and no one can have a definite answer for that as each of us grown up in different childhood and it differs by the way your parents taught you. What makes me started to get involve in religion which is the terminology commonly known by people, for me, it is a way of education to teach us to become a better person. I think i have mentioned that i myself is curiousity orientated , right? I started to look for some belief or a set of thought which suits me the best as i have always wondering why am i here when i was small and my parents couldnt give me a good answer for that. When i was still in Primary school , i joined Church activities and i think it is the best taught ever ! Looking in the bible and reading whats the jesus has said. Quote from one of it , If you are thirsty , come to me and drink. Isnt it just perfect ? I joined the Sunday Church for quite a long time if i am not mistaken. I think it is protestant based church. Whatever it is , what i am looking for is the best thought that can solves my questionsin my mind. The Sunday Church teacher told me, whats the point of praying to a statue that isnt alive ? I was awakened by that statement ! When i go back , i told my mum :" Dont ever ask me to pray for the Chinese God, it is silly for doing that !" I believe in the power of thought when i was small , and whey they teach me to pray . I feel it is a way to communicate to God. When i go back to school ( i was only standard 2 i guess), I started to share what i have gone through and what i have got from Christianity taught. One of my friend asked me , how can i achieve a good result as u ? You guys must be laugh at me by what i have taught him . I taught him the way to pray to the god ! Well , somehow in a miracle way or he does work hard for it , he achieved to be the first in our class and now still excellent. My dad then actually restricted me from going to Church for god knows reason. ieven have the intention to get baptised on that point or maybe confirmed. One of the lady who fetches me to Church will always ask me for RM1 to give to the Church , i then asked , whats that for ? She told me it will be sent to the God . The typical Y-generation of me , will definitely ask her in what way can it be send to the god ? God needs money for what? and various of questions i asked. Yes, she didnt gives me any acceptable answer but asked me to just listen and follow. Since that, i have seldom get the chance to attend the church , maybe she afraid that i will ask too many question that is unanswerable? haha...My family isnt religious but i would say supersititous on some customs and belief on our ancient's souls and the taoism's god. In another way, it wouldnt be too much if i considered them as Atheis . In standard 6, i started to get some information on Buddhism which the solved my misunderstandness. I always thought that Taoism is the same like Buddhism. In fact , it is not. It explains about the universe , causes and effects, it almost explains all the WHY! It is all about logic and truth. If i keep elaborate on that , it would probably reached few pages.

Refer back to my friend's question, i answered him that the reason why i involve myself actively in Buddhism activities is that i dont want to just sit at home and do nothing. Kind of Outgoing person i would say but not those clubbing and all. I always think that i have missed a lot of chances to improve and learn.

All right, the latter one would be Common Law Reasoning Teaches by Ms Donna , an aussie white women. She teaches us in a very LECTURE way , i mean she just keep talking with almost the same face expression. Haha..however, she is still good enough as she did presents the lecture quite well and i think i always learnt something new in her class. Though i always feel quite sleepy in her class. She uses the book written by Slapper & Kelly which i always encounter problem in understanding the content of that book. After the lecture , i think i will have a better experience if i read that book again. Bravo ! Last week we learnt about Common law and equity, it was fun as we got class activities.

On last Wednesday, We were, as usual having Moral Studies class in the morning session and it was as expected . It was just plain bored ! 3 hours of lecture is too much for that, in addition when he explains the theory of morality, i just feel awkward. Maybe Malay isnt a good language to explain those philosophies. The only fun part in this lecture is that we get to watch some funny movie clips that restrospectively doesnt not reflects or mirrors on Morality in society. The one which impressed me a lot, undoubtedly, it is the clip of Britain's got talents of Susan Boyle. You should watch it. After that, we all went to petaling street and looking for some good lunch since we have hours to go before another class commence. Haha, we also went to ATC , another law school in Malaysia and paid a visit there. Impressed us indeed. Especially the law library. It was a rainy day and we have Contract law class. In my inner thinking , i keep send my thought to the universe so make sure the lecturer would be Ms Meera. Hey, you should read the book " The Secret". Unfortunately, it doesnt work. We studied on Consideration that day and of course howsoever bad i might consider of the way he presents , he still up to the bar to teach us as he got the knowledge still. What i usually when i study Contract law is , i feel so packed in my mind which is a good thing. It keeps my on the right track of thinking the law. Unfortuantely, it just not happening when i attend his lecture. Anyway, it will not lessen down my interest on Contract Law. I think i have more works to be done on that. Self-studies.

Approximately, just 48hours ago, i went for a movie with a friend. We watched Angels and Demons 2D and we went for dinner and shopping together. I shall not elaborate further about that. On friday, i had my criminal law class teaches by Mr Arnold, the professional lawyer and quite a good lecturer as well. What i like about him is he really wanted and make sure all of us understand the elements of Criminal Law. I have photocopied 2 Criminal Law books , which one of it written by Michael Allen and another one by Elliot and Quinn. Both are good and quality book. I have not go in deepth on reading that though. What i wanted to say is , CRIMINAL LAW IS GETTING INTERESTING AS IT ALWAYS BE and will SOON BECOMING MORE INTERESTING. YahOOOOOO.....

My buddies ,lets face the obstacles and overcome whatever pathethic incidents has happened. Man is the Lord of all creations ! We can do it and progess better !

However bad it is going to be , Progress of life, it does go on .