How should we judge a government?

In Malaysia, if you don't watch television or read newspapers, you are uninformed; but if you do, you are misinformed!

"If you're not careful, the newspapers will have you hating the people who are being oppressed, and loving the people who are doing the oppressing." - Malcolm X

Never argue with stupid people, they will drag you down to their level and then beat you with experience - Mark Twain

Why we should be against censorship in a court of law: Publicity is the very soul of justice … it keeps the judge himself, while trying, under trial. - Jeremy Bentham

"Our government is like a baby's alimentary canal, with a happy appetite at one end and no
responsibility at the other. " - Ronald Reagan

Government fed by the people

Government fed by the people

Career options

Career options
I suggest government... because nobody has ever been caught.

Corruption so prevalent it affects English language?

Corruption so prevalent it affects English language?
Corruption is so prevalent it affects English language?

When there's too much dirt...

When there's too much dirt...
We need better tools... to cover up mega corruptions.

Prevent bullying now!

Prevent bullying now!
If you're not going to speak up, how is the world supposed to know you exist? “Orang boleh pandai setinggi langit, tapi selama ia tidak menulis, ia akan hilang di dalam masyarakat dan dari sejarah.” - Ananta Prameodya Toer (Your intellect may soar to the sky but if you do not write, you will be lost from society and to history.)

Saturday, October 24, 2015

MC + MCMC = MCC?

No, it is not an equation. Just my way of attracting attention to how Malaysia Chronicle got into trouble with Malaysian Communications and Multimedia Commission, which was surprisingly without much publicity. MCC is not Malay Chamber of Commerce, but Chinese for 'Mung Cha Cha' or being blur.

According to editor of Malaysia Chronicle, Wong Choon Mei:

"When my hand-phone alarm woke me at 5am this morning, it was with reluctance and a heavy heart that I opened my eyes. At the back of my mind the whole weekend was my 11am interview or interrogation by the Malaysian Communications and Multimedia Commission.

And true enough, it turned out not to be a pleasant experience.

Less than 10 minutes into the meeting at the MCMC headquarters in Cyberjaya, my lawyer Latheefa Koya was ‘booted out’ from the room by none other than the director of the enforcement department, who personally came to ‘collect’ her.

And in doing so, he denied me of my fundamental right to legal representation.

Now, those of you who know Latheefa will know what a brave person she is and how very vocal she can be. But perhaps sensing my nervousness, she helped to restore calm to my troubled thoughts after she had argued for many minutes with the MCMC officials.

Finally, she allowed them to speak with me alone, but of course, only after whispering a barrage of advice into my ear. Sad to say, the words promptly twitched out of my other ear!

Thus, began nearly two-and-half hours of questioning into my background, Malaysia Chronicle and the article I wrote on Thursday entitled Najib warns of ‘crushed bodies’, ‘lost lives’, ‘ethnic cleansing’ if status-quo not kept…."

More:
http://www.lawyersforliberty.org/589/

For now, if you visit MC, you are greeted with this message:

Laman sesawang ini tidak dapat diakses di Malaysia kerana
kandungannya melanggar undang-undang negara.

NOTIFICATION
This website is not available in Malaysia as it violate(s) 
the National law(s).

As usual, internet news portals cannot be completely shut out, and those interested are advised to change the settings in their computers:

MALAYSIA CHRONICLE HAS BEEN BLOCKED.
HOWEVER, YOU CAN GET IN BY ADJUSTING YOUR LOCAL COMPUTER DNS.
PLEASE FOLLOW THE STEPS BELOW, IT'S QUITE EASY
IF YOU HAVE PROBLEMS, PLEASE WRITE TO US AT malaysiachronicle@gmail.com

1. Go to Control Panel
2. Select & click into Network & Internet
3. Select & click into Network & Sharing Center
4. Select & double click into Local Area Connection
5. Select & click into Properties
6. Select & double click into Internet Protocol Version 4 (TCP/IPv4)
7. Select 'Use the following DNS addresses'
8. At 'Preferred DNS server' type in 8 . 8 . 8 . 8 (i.e type 8 into each of the boxes) (for Yes broadband for example)
or type in 8 8 4 4 (for Maxis broadband for example)
9. Click OK & it will go back to previous menu (as in step 6)
10. Click OK again
11. Finish, you should be able to get into malaysia-chronicle.com

MALAYSIA-CHRONICLE.COM

My advice: Unless you are comfortable in changing settings, please leave it to someone who knows.

Link

Friday, October 23, 2015

Tun Dr Mahathir seems like an angel when compared with Najib

Tun has had his 22 years as PM of Malaysia (1981 - 2003), ruling almost like a dictator. earning a nickname like Mahafiraun. But opposition against his rule seems pale in comparison to that against Najib now. For those who complained about Tun's iron rule, where were they then? Why didn't they do the necessary in opposing him?

We have the unusual situation where the former mentor is trying every trick to get rid of his former protege, without success. Since his retirement, he chose Pak Lah to succeed him. He managed to get him to resign (after BN lost its two-third majority in GE12 in 2008), in favour of Najib in 2009. Najib did well for Umno but lost the popular votes for BN in GE13 in 2013. After successfully replacing Pak Lah with Najib, I think Tun Dr Mahathir did not expect having such problems in trying to dislodge Najib as PM.

In old China, it was well known that a sifu would not teach every of his tricks to his toutai. This was to ensure that in case a pupil went against him, he could use the unknown tricks to beat him in any fight.

However, in modern Malaysia, a so-called best democracy in the world, but otherwise known as a guided democracy, the President of Umno (who is invariably also the Prime Minister of Malaysia), has to ensure that he, and he alone, calls the shots. During his time, Dr Mahathir introduced various measures to ensure that he would remain as PM without any effective challengers. For example, there was a minimum votes before anyone could be nominated as a candidate for presidential election in Umno. More important, as incumbent with all the powers at hand, most challengers will be discouraged one way or the other. Many people believe that he had files on key supporters to ensure their obedience.

We have seen under Dr Mahathir, how Anwar was sacked and later jailed. But there was nothing under corruption which could nail Anwar, and the infamous Sodomy 1 case was used to jail him. For being the most effective opposition leader ever, under Najib too, Anwar had to be jailed using another similar case (Sodomy 2), to put him away from the political scene.

Under Najib, Muhyiddin was similarly sacked as DPM (basically for questioning 1MDB), but still retains his post as Deputy President of Umno until the next party election. Without power, supporters are likely to shy away from him in case they get into trouble too.

Who would have thought that 1MDB, a so-called sovereign wealth fund, could turn out to be such a big problem for Najib? Instead of creating wealth, the company seems to create massive debts, guaranteed by the government. Not being efficient in financial management is one thing, but there were serious allegations of illegal transfers of funds, with some ending up in Najib's accounts! That must be the last straw, but events have proven, that it just could not break the camel's back.

By now Tun has had enough of Najib's antics. He tried every trick: from a hint or gentle reminder, to a direct attack on his character. Yet, Najib pretends as if nothing matters, and continue with his duties as PM. So far, he is alleged to have used or abused his powers to get rid of critics, investigators, and even the Attorney General! The opposition and NGO leaders can rant and rave about the injustice, but so far, nothing could effect Najib's resignation nor enforce his removal.

I suppose the law does not provide adequately for any thick-skinned PM to be removed. Before anyone in Umno or in Parliament can effectively put up a challenge, he will be cowed into submission. Ministers owe their positions to PM's goodwill, so they are unlikely to take the risk. MPs in BN too, are bound by their respective parties' rules to prevent revolt.

Najib is known to have large sums of money deposited into his accounts. There was the infamous Rm2.6 billions which has yet to be satisfactorily explained. With such deep pockets, he is able to influence and ensure that those who support him remain so, and those who are thinking of voting against him, to change their minds. As he has famously boasted: 'Cash is King'.

Najib can still be smug and confident that he will not be removed: by way of a vote of no confidence; by way of voting against his Budget proposals; by way of party elections; or even by the next General Election.



It is a wonder how any PM could withstand so much allegations against him and yet be able to remain in the position. Is it because Umno party leaders are too afraid to make a stand? Is it because BN MPs are also too afraid to go against their ultimate leader? Eventually, it is up to the voters who can decide. But our election system is so skewed in favour of BN (through gerrymandering and open money politics) that it needs a very decisive major shift in voting against BN to be able to topple it. Theoretically (based on all the least number of constituents of 112 constituencies), it has been proven that even with 17% total votes, BN can still achieve a simple majority. But practically, it has been proven in the last GE in 2013, that despite a minority total votes of 47%, BN won comfortably with 133 seats against PR's 89!

So can Najib ever be removed as PM? Time is against Tun Dr Mahathir in his last major quest, being a nanogenarian (90 years old). Maybe that was the main reason Najib can bide his time and not take action of the last resort in arresting Tun. Najib is likely to stay on until the next GE in 2018.

Depending on how one looks at it. One view is that it means he has another few years of sleepless nights to go through life. Blimey, that can be tortuous to most people, but will he feel the same? Not when compared with the frightening prospect of having to share a cell with Anwar.

Link

Monday, October 19, 2015

A bit on our toll concessionaires and expressways

If I were to be asked what was the most significant legacy left by Dr Mahathir, I would say the North-South Expressway. This expressway opened up and helped develop most parts of the west coast of West Malaysia.

Dr Mahathir became PM in 1981 and he was well known for introducing the clocking-in system to government departments, but it was easily abused by having someone to do so in your absence. His famous slogan was 'Besih, Cekap dan Amanah' which was supposed to bring clean, efficient and trustworthy administration, but again, the reality was far from the rhetoric.

The current problems relating to PM Najib have often been attributed to Dr Mahatir's earlier doing. In his eagerness to fast-track development, Dr M chose to introduce privatisation of mega projects (to benefit a select few cronies), but instead turned them more like piratisation. Agreements were generally in favour of concessionaires, like generous terms and even necessary loans guaranteed by government. It was a classic 'Win-Win' formula, but at the expense of the public.

Instead of meritocracy, he pandered to the demands of the majority race and it took its toll on development. Despite all the advantages of natural resources, Malaysia slacked behind Singapore, which has nothing but human resources. Many former Malaysians who are now Singaporeans were involved in its fast development. Bright Malaysian students who were unappreciated at home were enticed with scholarships which led to employment and citizenship.

As to tolled roads, NSE is not the earliest, but is still the mother of all tolled expressway concessions. I can still remember the Rm1 collected in Slim River for umpteen years along the old federal highway. Then there was the 50 sen toll along Jalan Kuching. Both were discontinued because it went past its promised period for collection. Recently, a founder of IJM and Gamuda, lamented that IJM could win road construction contracts on merit in India, but never had a chance to take part in Malaysia. Reason was simple: the main contractor has to be politically connected and chosen without open tender. Companies actually building the roads, like IJM, are only sub-contractors. So we can see why our contracts are always overpriced and we have to pay dearly because of the huge profits added on by rent-seekers.

Though NSE has been very useful to road users travelling to north and south of the peninsula, it came at very high costs and has been a burden to users, and will still be until 2038! Its original toll period was from 1988 to 2018, but had been extended a number of times because PM of the day avoided offending the motorists and chose this option to soften the effect.

Basically, there are 3 options open to the government: increase rate; pay compensation; or extend period. The obviously lop-sided contracts have been described lately by MP for PJ Utara, Tony Pua as 'stupid' because of the inescapable burden on the public. But as we all know, thus far, being stupid is not a crime, which was the main cause of the misuses of public funds highlighted annually by our Auditor-General.

Increase in rate affects the road users directly, which seems most equitable. But the question arises as to why the agreement which provided for this did not take into account the ever increasing number of vehicles which are over and above the estimates used in their calculations.

Payment of compensation in lieu of increase in rate seems more acceptable to the users. But it is unfair to other taxpayers who might not be users of the expressway. I am sure the concessionaire would welcome this as it comes in a lump sum.

The extension of period is the easiest to the decision-maker because in the short run, it is popular in that there is no increase as well as no compensation needs to be paid. But this is very unfair to future generation who will be burden because of our inefficiency.

Often, it was based on a combination of 2 out of the 3 options available.

It is interesting to know and be reminded of the history of the infamous NSE. Then opposition leader, Lim Kit Siang, was most vocal against it, mainly because it was awarded without open tender and because of its secrecy (still under OSA). He even challenged it in court but the final verdict was against him, based on his lack of locus standi.

Dr Mahathir had admitted that he had to use the construction of NSE to help pay for Umno's headquarters known as PWTC. Umno borrowed in Yen and the currency went up some 50% within a short period. Though it is an open secret that UEM's subsidiary PLUS is substantially owned by Umno, it was revealed by Halim Saad in his case against Umno:

In an affidavit submitted in a subsequent court case Halim said he held his Hatibudi shares 'in trust for the ultimate beneficial owner, Umno'

(Page 126 of the book by Barry Wain, Malaysian Maverick: Mahathir Mohamad in Turbulent Times)

A recent case which touched and revised on locus standi seems of no practical use:

'Although the Federal Court’s recent decision on the test for locus standi (legal standing) is a welcome one, what use is it if parties are able to bring an action but in no way see any result?'

More on the case in the Ant Daily:

Thumbs up for locus standi decision but documents must be viewed http://www.theantdaily.com/Main/Thumbs-up-for-locus-standi-decision-but-documents-must-be-viewed#sthash.Tk0URjha.dpuf


Link

Friday, October 16, 2015

Gist of story just before final episode of TVB's Will Power
























From L to R: Eugene Sum Yut Kan (Fala Chen), Morris Lee Ming Yeung (Moses Chan), Sheila Luk Sze Ying (Christine Ng), Wilson Yu Ying Wai (Wayne Lai), Ching Ka Ming (Jason Chan), and Nana Lo Siu Lo (Sire Ma)

No, I am not working for TVB nor our local 8TV station. I am also without the benefit of preview or review of parts which I missed or got distracted. For those really keen, they could have accessed it from the internet or from a PVR which can record any tv show for viewing later. Just like playing Sudoku, it is more to exercise my mind and prevent dementia. So here's my description of earlier episodes with some guesswork thrown in.

Briefly, a super rich man, Sung Chuen Fu, left a will with 3 parts: first provides for HK$300,000 per month living allowance each to widow, Fung Yue Fei (Susan Tse) and her two sons, Sung Ka Cheung (Power Chan) and Gilbert Sung Ka Yiu (Vincent Wong); second provides for any business proposal by the sons, so long as approved by a committee of trustees; and third is to remain a secret, to be opened 3 years after death.  

Even though his entire business empire was handled by a law firm headed by ShumYik Wo, the will was prepared by his old lawyer friend, Lo Sam Bo (Elliot Yue), who specialises in Wills and Trusts.
The unusual structure of the will was because of his secret mistress and love child which reasons are being unfolded as the story progresses.

Shum's law firm has his ex-pupil and now partner, Morris Lee Ming Yeung (Moses Chan) who had made a name for himself as an outstanding lawyer.

Shum's daughter, Eugene Sum Yut Kan (Fala Chen), knew the rich man's younger son, Gilbert Sung Ka Yiu in UK, and have been together when they came back to HK, encouraged by Shum because of his firm's long dependence on Sung's business empire, being their biggest client. At one point when Sung's widow, Fung Yue Fei (Susan Tse), fell out with him, she wrote a cheque for HK$100 million as settlement and for prompt and personal professional services rendered over the years, just to give an idea of the size of the legal business involved.

Lo's firm has his ex-pupil, Wilson Yu Ying Wai (Wayne Lai) as partner. He is another well known lawyer. His ex-wife, Sheila Luk Sze Ying (Christine Ng), happens to be the judge involved in all the cases shown. Where there is conflict of interest, like when Wilson took on a case as public prosecutor, they would ensure no private meetings between them.

It was only later that audience would find the reasons why Sung chose to have his will in 3 parts, the last part with specific condition that it can only be opened 3 years after death. The main reason being to maintain the secrecy of his mistress, Ching Shuk Hing (Mary Hon) and their love child. But more important to him, is the fact that Ching Ka Ming (Jason Chan), his secret son is his, unlike Gilbert Sung Ka Yiu (Vincent Wong) who is his wife's illegitimate child. Though Sung has an elder son, Sung Ka Cheung (Power Chan), but being autistic, Ka Ming is his only hope of a descendant able to manage and maintain his vast business empire in future, as well as responsible enough to look after his autistic step-brother.

Soon after the birth of his first son, Ka Cheung, it was discovered that he is autistic. He was most disappointed that even though he is among the richest man in HK, there are certain things he cannot control nor wish for. He felt depressed and found solace in drinking liquor until drunk before he reached home. As if blaming his wife for bearing him an autistic child, he ignored her and refused to have dinner at home. Out of frustration, his wife went out to a bar to drink. While until the influence of alcohol, a ship captain befriended her. She kept saying she doesn't want to go home and he took her somewhere else. The sexual liaison resulted in her getting pregnant. After the birth of the second son, Sung must have suspected whether the child is his. He secretly asked the doctor (Dr Lai) who delivered the baby, to do a DNA test.

We have a situation where the first wife and the younger son were smug with the feeling that the whole estate will be shared among only three of them. Who would have thought that her late husband's secret when known, unintentionally and prematurely, would change everything? Lo had to give up his position as keeper of the 3-part will and as trustee of Sung's estate because of his unprofessional behaviour towards Ka Yiu. He was badly affected by the rape of his daughter by him especially despite his vast experience as lawyer, was unable to help her to bring him to justice.

Earlier Ka Yiu, got to know Lo's daughter, Nana Lo Siu Lo (Sire Ma) who is a models agency manager. While under the influence of drugs, he raped her. Shum took the opportunity to disqualify him in a court hearing (for having assaulted Ka Yiu), as he was most anxious to get hold of the third part of the will and curious to know its details, as well as to administer the vast estate which he felt should have been rightly his, to administer. 

When the details of the third part of the will was known. it caused shock and disbelief to Sung's widow, not so much because of knowing her husband had a mistress (she knew just before she had an affair), but that the mistress's son, Ching Ka Ming, was to be sole executor of the estate! The twist to the story was when Morris thought it was wise to bring up the fact that Ka Ming was a witness during the trial on the validity of the will. Being a beneficiary, even though it was unknown to him, Ka Ming should not have acted as a witness. For knowing the fact and allowing his chambering student to do so, Lo had acted unprofessionally, and for that, he could be disqualified as a lawyer, and even be jailed.

But at the time, Lo did not have a choice. Without Ka Ming's testimony, Sung's will would have been invalidated. He had promised his old friend that he would follow his instructions faithfully to the end. During the trial, Morris was brilliant in bringing up the fact that Sung had a herbal patch (with alcoholic content) to an open wound, which was medically confirmed to have the effect similar to being too drunk to be able to draw up a valid will. When the herbal concoction was shown in court, Ka Ming remembered the strong smell on the day when he just got back from overseas, and got into hospital room 203 intead of his mother's 302. At the time, Sung was startled by his intrusion, and was pleasantly surprised, especially when told his name, and he knew that he was his love child. He asked him to remove the herbal patch. This act helped to disprove Morris's claim that Sung was under alcoholic influence, and the verdict was in favour of validity of the will. 

Instead of being happy with the verdict that the will was invalid, Shum admonished Morris for bringing up the fact that Ka Ming should not have acted as witness. Without a valid will, the estate will be divided according to the law: half to the widow, and the remaining half, to be shared equally among the 3 sons. This would mean, Ka Ming is entitled to 1/6 (1/3 of 1/2) of Sung's estate. To give an idea of the amount, Ka Yiu was most upset that his father's estate will be reduced by tens of billion HK$ because of the bastard son's share!

Sung's widow, knowing her own dark secret, was worried sick that it might be found out. Meanwhile, Sung's mistress was very upset that her son's involvement in the trial of the will (not so much disclosurre and publicity of his existence and entitlement), could cause Lo to be disbarred and even jailed. All along she had been most noble in not wanting anything from Sung since the birth of their son. As a compromise, she accepted a shop as gift which she used as a cafe for business and to earn enough to bring up the child and sent him overseas to study law, without him knowing who is his father. That they managed to keep the secret for the past 28 years and avoid any connection with Sung and what many believe, could have taken advantage to gain much monetary advantage, shows their sincerity. Both mother and son agreed that to avoid Lo getting into professional trouble, they are prepared to give up whatever that is due to Ka Ming under the law relating to intestacy. Sung's widow, when approached by the mistress to consider her proposal for compromise, on the condition that they will not take action against Lo, could not believe her luck. She was more than happy to agree and accept her proposal.

However, without her knowledge, Ka Yiu approached old Shum and wanted him to ask the court for an order for a DNA test on Ka Ming. Shum actually contacted the doctor (Dr Lai) who delivered both Ka Yiu and Ka Ming. There was an apparent miscommunication about the DNA test and result and Shum got the impression that it confirmed Ka Ming instead of Ka Yiu as not Sung's son. Thinking that he has a golden opportunity to hit back at his old rival, Lo, he made a surprise entrance during the court hearing on the compromise proposal. Just before the judge was about to announce her verdict, Shum said he had evidence to show that Lo had been scheming elaborately right from the beginning, even though he knew that Ka Ming is not Sung's son. He said Lo's objective was to turn the court verdict to his client's favour so that the law of intestacy would apply. He insisted that to prove that his theory is right, there should be a DNA test on Ka Ming, so sure was he.

Upon hearing his testimony,  the widow fainted out of anger and fear. She was not privy to her son's instruction to Shum. When she recovered, the moment she saw Shum, she scolded him for not acting according to her instructions. When asked why he did not discuss with her first, Shum said he thought it would have been better as a secret so that even the opposing side would not have the opportunity to be prepared for such a revelation. She told him that from now on, he is not to be involved with their legal matters. For the big blunder and loss of his biggest client, Shum had a mild heart attack.

Fung Yue Fei then turned her anger on her son, Ka Yiu. Ka Yiu could not understand why his mother could be so upset at what he had done. Reluctantly, Yue Fei told him straight to his face, that he was the illegitmate son instead of Ka Ming! Ka Yiu realises that his world falls apart for the fact that he could not inherit his father's vast estate. For someone brought up as a spoilt and spendthrift rich kid, that must have been a great blow. He took to drinks and drugs. Ka Cheung tried to stop him and he ended up being bundled into his car boot. As Ka Ming and Nana were walking back, Ka Yiu drove his car to stop them and insisted that if he is man enough, he should go with him in his car. Ka Yiu took him to their father's tombstone and forced him to admit that he is not Sung's son. They started fighting. A spade was used during the fight, and just as Ka Yiu was about to make a final fatal blow to Ka Ming, he was stopped by Ka Cheung. When Ka Yiu turned on Ka Cheung, it was Yue Fei who used the spade to kill her own illegitimate son, Ka Yiu. 

She had her reasons for doing so, even though it must have been very difficult on her. Well, by killing off her own son, she could prevent the truth about his illegitimate status from being known. She also took the opportunity to blame the murder on Ka Ming. For this part, she appears to have Shum's legal advice on how best to plant incriminating evidence on Ka Ming.

Eugene discovered her father was not at home that night and saw him coming into the house early the next morning. When asked, he was evasive and gave the excuse that he joined a friend to watch the sun rise.

The incriminating evidence were all pointing towards Ka Ming's guilt as the murderer. Wilson was in despair in not having anything to help his case. He even approached his ex-wife who is judge at the trial about how she felt about the case. When asked between legality and truth, which would she choose? She replied that as a housewife, she would choose truth, but as a judge, she has to follow the law, based on evidence put forward in court.

The only link were two strips of coloured paper found in Ka Yiu's car. These were used to make lucky stars for good luck. They were traced to Ka Cheung when Elly Yip Nga-lai (Samantha Ko) brought two jars of lucky stars to Morris and Eugene, who were later joined by Wilson. It was Wilson who noticed the connection. Earlier, Morris and Eugene were already suspicious of Shum's behaviour. When Eugene saw Yue Fei with her father in the office, she took the opportunity to visit Ka Cheung. But before she could find him, Yue Fei already got home and told her he has moved to another place.

Morris and Eugene's suspicion and behaviour upset Shum. Eventually, Morris confronted Shum and told him that he is not prepared to continue working on Sung's case. Morris asked him if winning is so important that he can put aside his conscience. He told him that he values his conscience more than winning a case. He even handed him his resignation letter. Shum admitted that to him, winning is all that matters. As a compromise, Shum accepted his resignation but he has to finish off Sung's case on legality of his will, before leaving the firm.

Eugene shares Morris's views on this. They had been together since she broke up from Ka Yiu. She had a heart to heart talk with her dad and he remained stubborn to his belief and expressed regret that she as a lawyer is not like him and does not agree with him on this.

Since the murder at the graveyard, Ka Cheung was afraid of his mother, having seen her using the spade to hit Ka Yiu. He holed himself in the house and refused to see his mother. Knowing what to expect, he was grilled by Shum the day before trial. He acted out all the likely questions expected from the defendant's lawyer. At the murder trial, Ka Cheung was put on the witness stand. Ka Cheung was a nervous wreck in court when questioned by Wilson. He even peeed in his pants. He was allowed to stand down.

One good thing about TVB's serials is that eventually, good triumped over evil. Despite being fiction, credit is due to the scriptwriter for making it interesting. So don't miss the final episode this evening at 7.00 pm on 8TV.


Link

Saturday, October 10, 2015

A bit more on wills relating to Chinese

It used to be Chinese tradition to leave wealth only to sons and practically nothing to the daughters. Daughters, brought up according to this tradition, would not expect anything at all. Sons and daughters might be brought up with equal opportunities in terms of education and lifetime gifts, but when it comes to the crunch, especially where there is a will, reality sets in. Daughters educated in the West might find the discrimination most unfair and even abhoring.

The patriarch might write his will to bequeath his wealth among his sons only, with comparatively little sums or assets, if any, to his daughters. Without leaving a valid will, the law provides for equal share among sons and daughters, and this could be most disappointing to the sons who might be expecting more share for each of them if daughters were excluded.

Knowing this background to some traditional Chinese thinking, it is understandable why a grandson of the deceased went out of his way to pressure his aunt, the only daughter who was entitled to 2/9 of her father's estate (intestacy), to return her share to children of her two brothers. The bequest by law was like an enforced decision which was deemed not what it was intended by tradition. It could be due to the clamour for the return of her share which led to her husband's instruction that she gave up her share. Among other things which made her unhappy (besides having to listen to her husband without regard to her own wish), was the fact that the second son of her elder brother got the whole of his grandmother's 1/3 share of the original estate! Yet he got the cheek to insist that she transfer her 2/9 share back to the extended families.

By right, where tradition is in conflict with the law, the latter prevails. Tradition is unwritten family rules whereas the law is written and supposed to be clear and unambiguous. There is an even more unusual Chinese tradition (especially to other races) which provides for the eldest grandson to be entitled to a share equal to the sons! In Cantonese: 'cheong chi tik seen', which refers to the importance of the grandson in continuing the family name or lineage. So the best way to look at it is to presume that the testator would ensure all his wishes in relation to his wealth are provided for in his will, no matter how ridiculous it might seem to others. Where it is unusual, it will lead to future litigation against the validity of the will. When the person died before he could leave a valid will, it is only fair that the law takes its course, according to the Distribution Act, 1958 (as amended in 1997). In distribution of an estate, it is a perfect example of a zero-sum game where each participant's gain (or loss) is exactly balanced by the losses (or gains) of the other participants.

Meanwhile, at a small gathering of ex-classmates of MBS Sentul, I asked a lawyer about 8TV's Will Power. He said he is never interested in TV serials because generally what are portrayed do not reflect reality. So do legal matters.

I mentioned about the unusual provisions of the will of a very rich man in Will Power, particularly, the second part which provides for the release of sufficient funds to finance any viable business proposal so long as it met the approval of the Committee of Trustees, and the third part of the will which can only be revealed 3 years after death.

He said in reality, even trustees in banks providing such services would not get involved in such decision-making as considering the viability of a business proposal.

I also pointed out the scene where there were cardboard boxes (filling half an office room) which supposedly contain documents which the lawyers have to sift through to just list out the entire estate of the deceased. It was far fetched to me because despite his immense wealth in over 100 countries, surely most of his wealth are either properties (titles), shares in listed or unlisted companies all over the world (share certificates or in the form of CDS statements like in Malaysia), bank balances (statements). A man of such stature of wealth is likely to have a list for ease of reference and management, and has a trusted team in control. While on the subject of titles, a land subdivided with separate titles for development can have thousands of individual titles. But the point is that ownership is likely at the company level in the form of shares.

A recent episode which revealed the widow writing out a cheque for HK$100 million to the lawyer for services rendered (yet to be billed), over the years as a parting settlement, seems contradicting to the first part of the will which provides for only HK$300,000 per month each for the widow and her two sons, with the spendthrift younger son complaining that he could not survive on such an unrealistic sum. It seems odd that before the distribution of the estate, the widow must have at least a few hundred millions to be able to write out a cheque for such a big sum on the spot. She could have easily supported the spendthrift son with her own money.

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