How to recover the maintenance charges due by apartment owners?

In the case of John Denis de Silva v Crescent Court Management Corporation [2006] 3 MLJ 631, the High Court of Kuala Lumpur provides the guideline on how to recover the maintenance charges owed by owners of the apartment.

(1) The management corporation should recovers the sums due to it by filing an action in court for the recovery of the debt against the owner. This is provided under the Strata Title Act.

(2) The management corporation should not prevented the entry and the right to park on the ground that owner had not paid his or her monthly maintenance charges.

In addition to what stated in the case of John Denis, I would add that the other way is
(3) Wait for the owner to sell the unit or a force auction to happen. This is a passive way.

Blogs on CLP exam

CLP exam for year 2006 has just finished. I checked out the web and found two CLP candidates who related their experiences on the exam.

1. Score: CLP Board - 3, Fiona - 0.

2. CLP Exam, Here I Come!!!

My advice to the prospective CLP candidates:

(a) For recent landmark cases - read the whole case. Usually, there will be one full question per paper which is base on the recent landmark cases.

(b) Attend the final intensive classes. I spend 10 weekends in Brickfields College for the last 3 months before the exam. I did not attend the 6 months formal lectures.

Universities are independent entities

On the way to office, I will normally stop by at the coffee shop to purchase a copy of New Straits Times. The vendor will then give me a complimentary copy of The Sun. A good deal indeed - buy one free one. I will then having breakfast and flip through before driving to work. For the other newspapers, I will read up from the web.

Today, I am looking forward for my Thursday edition of The Sun. Prof Dr Shad Faruqi has a Thursday column on the constitutional law. I am his faithful student for many years.
I have collected the weekly articles he wrote in The Star back in year 2000-2001.

However, there was a heavy downpour in the early morning. The Sun did not arrive on time.

Anyway, I am still able to browse the online version of The Sun.


Prof highlighted that universities are independent entities. There is no provision in UUCA for universities to receive directives from cabinet.

This is refreshing as the words come from Prof. He leads a committee in reviewing the UUCA.

Pamplet on IPCMC

Bar Council has launched a campaign to lobby for the formation of IPCMC.

The 2-page pamplet is available here.

The current Inspector General Of Police will retire in three months time. There is a window of opportunity then. Abdullah's administration can use this opportunity to appoint a new IGP who is more committed (or rather with less resistance) to the formation of IPCMC.

We may learn the lesson from Hong Kong ICAC. I have blogged it earlier.

Shanghai and Penang

My friend, 吴汉民 (Hammer Goh), is on the news. He is a designer by profession. He has lived in Shanghai for two years.

In the two parts interview with Penang Media, he shares his view on the lifestyle of Shanghai as compare to Penang.

从上海看槟城

本地民间组织营养不良？

My kids - Lynn and Ray on the bicycle

Final lap to complete an essay on tax law.

I am in the final lap to complete an essay with 2500 words on tax law.
This will be the submission for the essay competition organised by Bar Council.

Earlier, I have blogged on the Public ruling 1/2006: Additional tax liability for the employed

Here is the excerpt of the essay:

"Pemberian komputer peribadi daripada majikan kepada pekerja adalah dikecualikan cukai bagi tahun taksiran 2001 hingga 2003. Tetapi, Ketetapan Umum 1/2006 telah menafsirkan pemberian komputer peribadi tersebut sebagai satu perkuisit dan terjumlah kepada pendapatan kasar daripada penggajian. Lanjutan daripada itu, ia akan dikenakan cukai.

Ketetapan Umum tersebut merupakan satu usaha Lembaga Hasil Dalam Negeri untuk mengembangkan asas percukaian dengan merangkumi manfaat-manfaat yang didapati daripada penggajian. Manfaat-manfat penggajian telah dikenakan cukai dengan lebih luas lagi berbanding dengan dahulu. Ini bukan berlaku di Malaysia tetapi juga di negara-negara maju lain. "

Amendment to Penal Code and CPC

The Dewan Rakyat has passed the amendment to Penal Code and Criminal Procedure Code. The amendment bills are now pending at Dewan Negara.

All parties in the criminal justice system will have to scrutinize the bills and prepare accordingly. It will become law by August 2006.

On the other hand, I find the parliamentary debates on the amendment bills very interesting.
For the full text, please read the Hansard dated 13-July and 17-July.

I have written an article on the similar topic in 2004. Hukuman kepada pesalah bagi perlakuan jenayah terhadap wanita masih terlalu ringan?

The man who stole the thunder was none other than the MP for Kota Melaka (MCA).

His quotable quote:
Tuan Wong Nai Chee [Kota Melaka]: Tuan Yang di-Pertua, biasanya kita gunakan
perkataan rogol, biasanya kita menggunakan satu situasi yang mana pesalah itu adalah lelaki dan mangsa itu perempuan. Tetapi jika isteri saya mahu rogol saya, saya pun rela juga..... [Ketawa]

Elizabeth Wong, a social activist, provides more insight on the debate - When MPs debate rape.

UUCA forum (updated)

I have attended the forum on UUCA (University and University College Act) as the representative from DAP Sosialist Youth. The event was jointly organised by SOS, Freemedia, Suaram Penang and Students Progressive Front.

There was a heated debate on the motion to repeal UUCA.

I participated in the debate and basically reinterate the points which I have highlighted in the following blog entries.

1. Auku dan Hak Persatuan published in Malaysiakini, Dec 2005

2. Repeal UUCA, Repeal s47 PHEAI too

3. Gugurkan Pertuduhan terhadap Lima orang mahasiswa USM

BK Ong from SOS has blogged the event.

大专生拍案要求废除大专恶法 - Merdeka Review

Scrap UUCA - Malvu blog

Mumbai train blasts

CNN reported that there are at least 454 people suffered injuries from multiple explosions in Mumbai, India, that are blamed on terrorists.

Bodies are still being recovered. Police say 174 people were killed.

Analysts are comparing the attack with the 2004 Madrid bombings and 2005 London blasts, noting all involved multiple, well-coordinated explosions.

Thomas Friedman has written the following paragraphs in his famous book The World is Flat.

I have blogged about the book.

"Is it an accident that India has the largest Muslim minority in the world, with plenty of economic grievances, yet not a single Indian Muslim was found in Al Qaeda?

Is it an accident that the richest man in India is an Indian Muslim software entrepreneur, while the richest man in Pakistan, I will guess, is from one of the 50 feudal families who have dominated that country since its independence?

Is it an accident that the only place in the Muslim world where women felt empowered enough to demand equal prayer rights in a mosque was in the Indian city of Hyderabad?

No, all of these were products of democracy"

If Friedman is correct, then it could be the act of Kashmiri separatist groups.

No man shall be a judge in his own cause

While debating on the Amendment Bill on Legal Profession Act, YB Karpal Singh (Bukit Gelugor) raised objection to a new sub-clause on the Disciplinary Board of the Bar Council .

His argument is base on the conflict of interest and violation of the rule of natural justice.

The sub-clause says: No act or proceedings of the Disciplinary Board shall be invalidated solely on the ground that the President of the Malaysian Bar or his representative has taken part in any deliberation or decision of the Disciplinary Board relating to any complaint where the Bar Council is the complainant.”

YB Chow (Tanjong) reported from his blog that a notice of amendment was tabled by Government to strike out the said sub-clause from the Bill.

The case in point is Ngeow Yin Ngee v Majlis Peguam Malaysia [2004] 3 AMR 476 and Rohana Ariffin v USM.

World Cup fever

Italy against Germany was the second match I watched in 2006 World Cup. Perhaps I am a late starter. I only warmed up at the final lap of the World Cup. The first match I followed was Brazil against France.

I woke up at 4.30am and managed to witness the crucial moment. The match started at 3am. Two goals happened at around 115th to 119th minutes.

I was a soccer player representing my class in my secondary school days. My position was fullback wearing the jersey number 2. Besides soccer, I was a reserve player in my primary school basketball team.

The highest record I attained in sports was my team won the gold in the 4x100 meter relay for the Ayer Itam Zone. I was the final runner. I was Primary Five then. My team entered the final for the State level. I still remember that we were barefoot runners as compare to the athetes from Union Primary School who put on expensive sport shoes. Union Primary School team won the gold.

My son, Ray, has probably inherited my sports DNA. He is two years and one month old and I have introduced him to cycling, swimming and soccer.

I think sport is an excellent way to foster father-son bonding.

Public ruling 1/2006: Additional tax liability for the employed

The Government is operating under a deficit budget for many years. The Economic Planning Unit is working hard to find ways to finance the 9th Malaysian Plan. The Royal Malaysian Police is launching the Ops Saman to collect traffic summons. The IRB Department, in the other hand, scratches their heads to collect more revenue from the taxpayers.

One of the legitimate ways is through the Public Ruling issued by the IRB.

I found out that I have higher tax liability in year 2006. Public Ruling 1/2006 has effectively increases the tax liability for the employed.

There are new categories of tax liability, inter alia,
1. Annual insurance premium paid by the employer will become part of the gross income from employment and therefore taxable.

2. A gift for service award is taxable. A watch costing RM XYZ for serving the company for 20 years is taxable.

Election petition: Chee Siok Chin v AG

Chee Siok Chin from the Singapore Democratic Party (SDP) filed an Originating summons in the High Court of Singapore challenging the validity of the results of the 2006 General Election.

She also wanted the High Court to declare the ban on podcasting during campaigning period as unconstitutional.

Chee was a candidate for Sembawang GRC and the younger sister of Chee Soon Juan, the Secretary General of SDP. I have blogged that Chee Soon Juan was declared bankrupt and therefore barred from participating in the 2006 General Election.

Unfortunately, she did not seek any legal advice before submitting the OS. Her case was thrown out as she failed to adhere to one of the requirement of the Election Regulation that is to pay the deposit of S$5000 within 3 days. In short, it was struck down purely on technicality.

The relevant rule is as following;
"At the time of the filing of the application under section 90, or within 3 days afterwards, security for the payment of all costs, charges and expenses that may become payable by the plaintiff shall be given on behalf of the plaintiff."

For the full judgment, please click here.

Malaysia has a similar rule - Rule 12 of Election Petition Rules 1954 (Malaysia).
The amount of deposit is RM10,000.

"12.(1) At the time of the presentation of the petition, or within three days afterwards, security for the payment of all costs,charges, and expenses that may become payable by the petitioner shall be given on behalf of the petitioner.

(2) The security required by this rule shall be given by a deposit of money of not less than ten thousand ringgit, and the Judge, in the course of the trial, may require the petitioner to deposit an additional sum of money by way of security as the Judge may think fit.

(3) If security as in this rule provided is not given by the petitioner, no petition shall be registered at such Court. "


Chee Siok Chin issued an open letter on 28 June 2006 thanking the SDP supporters who have chipped in for the legal expenses.

This is what she said:
"As I was the litigant-in-person, I had filed the OS and affidavit, and had personally served them on the AG. At that point, I had not engaged a counsel. As a lay person, I was unaware of the fact that I had to put in the deposit within three days after I had filed the OS. It was only when I received a letter from the AG Chambers that they were moving to dismiss the case because I had not put in the deposit that I realized the requirement"

M Ravi is the counsel for Chee Siok Chin. He acted on pro bono basis. Anyway, he is in trouble now. As reported in Singapore Straits Time, he is going to face a Court of Three Judges, the legal profession's highest disciplinary body, for being disrespectful to a district judge.