July 2009 – Page 2 – w w w . x e .s . c x

Temerloh, Pahang

Instead of spending my Sunday at Mad Monkeyz last week, I ended up in Temerloh, Pahang to attend a funeral. Temerloh is a small town around 2 hours drive away from Kuala Lumpur.

This is probably Temerloh’s most colourful building.

It was A’s cousin’s funeral. Late 30s, married with 3 kids. Wife doesnt work. He was driving his excavator (he works in the construction line) along the highway at night and then suddenly an express bus hit him from behind. The excavator flipped sideways and he was flung out. However, all he had was just minor injuries and even had time to chit chat with the bus driver.

Unfortunately, hours later, he complained of breathing difficulties and then died while on his way to the hospital. It is likely that he suffered internal injuries without realising it.

Worst of all, he wasnt supposed to work on that night. He helped out a colleague who couldn’t work that day.

Fated.

Immediately after the accident, a lawyer called up the wife saying that he saw the accident and he can help her take up the case. He said he had done a lot accident cases.

What a ‘coincidence’! It’s amazing how the lawyer, who was driving along the highway, managed to pass the accident site, get the wife’s contact details and had done a lot of accident cases.

After the funeral, I thought I could roam around Temerloh to try out their local cuisine. I did a google search and all I found was Ikan Patin Temerloh. I wasn’t in a mood for that.

I wonder what is Chinese fast food..mmm

I ended up eating at A’s cousin’s house.

Mr Temerloh, anyone?

After that, I met this cute little chap by the name, “Sharpener”.

HE IS SOO CUTE

Then on the way back.

Hello Kitty Car!

Police & Your Rights

I ran out of things to blog in the recent weeks thus explains the lack of updates. I had to steal some content from somewhere!

Anyway, I thought it would be beneficial to share some videos regarding the Malaysian police and our rights when facing with the police. Instead of reading a long boring article, you can have a lawyer explaining the basic law to you on the computer screen.

There is also an ebooklet issued by the Bar Council on the rights of a person when dealing with the police. You can download it here.

The interviewee is Richard Wee, one of the partners of Messrs Richard Wee Lopez.

Myvi, Proton Saga SE or Suzuki Swift?

My Proton Satria turned 10 years old lately. Its best for me to change my car before it dies on me. I am thinking of 3 cars namely Myvi, the new Proton Sage SE and Suzuki Swift. My down payment = RM16000

Perodua Myvi EZi Premium -1300cc Automatic – RM49,700 (metallic) (Interest rate: @3.6% for 7 years) = ~RM500 installment per month – Total Interest Paid: RM8000

Why Myvi?
Lower price
Dad advised to get local cars as they are cheaper
Higher trade in value

Proton Sage SE – RM45,500 (Interest rate: Not known but presumably 3.6% for 7 years) = ~RM440 installment per month
Total Interest Paid: RM7500

Why Proton Saga SE?
Low price – cheaper than Myvi
Dad advised to get local cars as they are cheaper
Higher trade in value

Suzuki Swift – RM73,788.00 (OTR with insurance) (@ 2.88% for 7 years) = ~RM830 installment per month
Total Interest Paid: RM11650

Why Suzuki Swift?
CAUSE I LIKE!!

ARGHHH I CANT DECIDE!!!!!!!!

[Edit: I’ve decided what car to get! read here!]

Filing a Complaint with the MCMC

Posting offending messages on the internet is longer a trivial thing nowadays. Many internet users are now aware of their remedy when facing with offensive messages on the internet.

Bank Employee Charged With Posting Obscene Blog Title

KUALA LUMPUR, July 6 (Bernama) — A former EON Bank Berhad employee pleaded not guilty in the Sessions Court here Monday over the posting of an obscene blog title to embarrass his former boss.

Seah Boon Khim, 26, was accused of posting a vile and indecent material on a blog site http://www.xanga.com/hokongchan67 with intent to annoy Eon Bank Internal Audit Department head Ho Kong Chan at 1.33pm on Aug 13 2007 at 19 A-26-3 Level 6, UOA Centre 19, Jalan Pinang here.

He was charged under Section 233(1)(a) of the Communications and Multimedia Act 1998 which carries fine up to RM50,000 or jail up to one year or both.

In mitigation, Seah, who has since resigned from his job, said he had apologised to Ho and admitted that he did not realised the gravity of his action and he should not have done it.

Malaysian Communications and Multimedia Commission prosecuting officer Raja Iskandar Zulkharnian Raja Abdul Malek appeared for the prosecution.

Judge Zaki Abdul Wahab postponed sentencing until tomorrow.

— BERNAMA

Mr Seah was reportedly fined RM8,000.

Section 211 of the Communications and Multimedia Act 1998:

211. Prohibition on provision of offensive content.

(1) No content applications service provider, or other person using a content applications service, shall provide content which is indecent, obscene, false, menacing, or offensive in character with intent to annoy, abuse, threaten or harass any person.

(2) A person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both and shall also be liable to a further fine of one thousand ringgit for every day or part of a day during which the offence is continued after conviction.

This section would also apply to offensive comments posted by readers of a blog. We bloggers now have an avenue to complain without incurring substantial legal fees. Watch out internet trolls!

I thought it would be beneficial to set out a sample complaint for the benefit of other bloggers. This may be in a form of a letter.

On [time on date e.g 12:30am GMT +8 on 31 February 2009], one [person e.g. bb_matik] made an [choose one or more: indecent/obscene/false/menacing/offensive] posting on my blog, [your blog address e.g. www.xes.cx], at the URL [URL which contains the said posting e.g. www.xes.cx/123.htm] using the IP address at [IP address e.g 192.168.1.1]. [Optional. Please note that there is 1000 characters limited] For ease of reference, I reproduce the offending posting:

[reproduce offending message here. example can be seen below:

frank is gay but xes is just impersonating to help frank to rid of his gay partner. frank loves xes but xes love women. make no mistake about that.]

The above posting is [choose one or more: indecent/obscene/false/menacing/offensive] and I verily believe that the said posting was made with [choose one or more: intent to annoy/ abuse/threaten/harass] me. The said posting has caused [choose one: annoyance/fear/embarrassment] to me.

Thus, I hope that the MCMC will take action against the person who posted the said posting.

eLawyer – Exabytes Penang Bloggers & Law Forum 2009 – Part II

Event featured on The Star, Northern Edition. Only 1 fellow responded after reading the article. Heh

The event was held at University Sains Malaysia. Around 50 people attended the said event. We had participants ranging from students to entrepreneurs.

Eddie – Dad said he is a “cyberlawyer”.

Eddie kickstarted the event by giving a welcoming speech and spoke about eLawyer’s services. It was followed with Exabytes welcoming speech and then an opening speech by Fareed, one of the committee members of the Penang Bar. Coincidentally, Fareed is my opponent in an internet defamation that I am currently handling.

Fareed in the house!

Our moderator, Kruel, also spoke about his personal experience as a lawyer blogger.

Kruel

I spoke about Blogging and Copyright, a topic which I covered during my talk about Blogging and Intellectual Property in the eLawyer Law Conference in University Malaya few months ago. I basically covered topics on what is copyright and how does copyright law affects blogging.

Stephan Tan spoke about defamation law and covered quite extensively on journalism as he was a former journalist for 20 years. I must say that Stephan is a good speaker as he is quite entertaining and puts in some emotion in his talk whereas mine is just straight faced statements throughout the talk. Must learn from him. Hehe

Participants

After the talk, we had Q and A session. This time is much better as the questions were thrown to all of the speakers and also moderator. On the eLawyer Law Conference, questions were thrown directly at me without any assistance from other speakers. Thank god I managed to waffle my way through.

Immediately after the talk, we had people coming to us asking further questions. To me, the most satisfying thing in this talk is being able to answer a question thrown to me by a couple . You see, the husband is visually impaired. They asked me whether they can translate a book into Braille without permission of the owner of the copyright in a book for the benefit of others who are visually impaired. They said that they have asked a lot of lawyers around and they are unable to answer their question. Being able to answer to their questions was definitely the highlight of the day. Many thanks to my Blackberry for getting the answer!

Group shop of participants – Courtesy of eLawyer