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Posts by NH Chan

NH Chan, a much respected former Court of Appeal Judge, is a gavel of justice that has no hesitation in pounding on Federal Court judges with wooden desks for heads. Retired from the Judiciary to become the People’s Judge. Wrote the explosive “Judging The Judges”, now in its 2nd edition as “How To Judge The Judges”. Once famously hinted at a possible “case match” between lawyer and judge by remarking that “something is rotten in the state of Denmark” (see Ayer Molek Rubber Company Berhad & Ors v Insas Berhad & Anor [1995] 3 CLJ 359). We need more people like NH Chan. That is why you should buy PASOC and his book.

The LoyarBurok Book Review: “Perak: A State Of Crisis” – An Unabashed Self-Indictment By The BN Government Of Its Undemocratic Takeover Of Perak

The LoyarBurok Book Review: “Perak: A State Of Crisis” – An Unabashed Self-Indictment By The BN Government Of Its Undemocratic Takeover Of Perak

LoyarBaca‘s first publication Perak: A State of Crisis (PASOC) has been a runaway hit and will soon be in Malaysia’s major bookstores through leading indie, activist distributor, Pak Chong’s GerakBudaya. We have sold out copies at hand for the moment (second impressions are on the way), but you may purchase them directly from GerakBudaya here. […]

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Matthias Chang: Martyr Without A Cause? (Part 2)

Matthias Chang: Martyr Without A Cause? (Part 2)

A deliberation on whether Matthias Chang was a victim of judicial oppression through an examination of the law of contempt; from its coming to being to its evolution to what it is today and how it applies to Matthias Chang’s unruly behaviour in court – in 2 parts.

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Matthias Chang: Martyr Without A Cause? (Part 1)

Matthias Chang: Martyr Without A Cause? (Part 1)

A deliberation on whether Matthias Chang was a victim of judicial oppression through an examination of the law of contempt; from its coming to being to its evolution to what it is today and how it applies to Matthias Chang’s unruly behaviour in court – in 2 parts.

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From Judges To Gestapo Type Police: Tyranny of abuse of powers

From Judges To Gestapo Type Police: Tyranny of abuse of powers

When powers are abused there is no tyranny like them. The abuse of powers by police is a consequence of the bad example set by judges when they refuse to apply the law as it stands or when they apply double standards in their judgments.

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You Jump, I Sue: Can voters sue traitors?

You Jump, I Sue: Can voters sue traitors?

For their willful betrayal of trust, is there a cause of action against the turncoats who jumped ship? Considering the principle of estoppel in determining a cause of action for affected voters and the political parties on whose ticket the turncoats were elected as their representatives to sue these traitors.

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The Monarch Has No Power to Sack Any Member of The Cabinet Exco

The Monarch Has No Power to Sack Any Member of The Cabinet Exco

The reality is neither the King nor the Sultan has any power to sack the Prime Minister/Menteri Besar or the other cabinet ministers/executive councillors.

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Was the sacking of Anwar Ibrahim from the Cabinet 11 years ago lawful?

11 years ago, the Deputy Prime Minister of Malaysia, Dato’ Seri Anwar Ibrahim was sacked from the cabinet. An incisive look at the Federal Court decision that the sacking was lawful and why it is lawful.

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Judges Can Fly – in the face of Rule 137 of the Federal Court Rules! (Part 2)

A thorough and critical consideration of the Federal Court’s inconsistent and dishonest approach to Rule 137 of the Rules of the Federal Court 1995 as it relates to section 51 and 51A of the Criminal Procedure Code and the Federal Court decisions in Adorna Properties v Kobchai Sosothikul [2006] 1 MLJ 417 and Asean Security Paper Mills Sdn Bhd v Mitsui Sumitomo Insurance (Malaysia) Bhd [2008] 5 AMR 377. This is the concluding part.

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Judges Can Fly – in the face of Rule 137 of the Federal Court Rules! (Part 1)

A thorough and critical consideration of the Federal Court’s inconsistent and dishonest approach to Rule 137 of the Rules of the Federal Court 1995 in 2 parts. This part considers the recent Federal Court decision dismissing Anwar Ibrahim’s application to review a previous Federal Court decision dismissing his application for disclosure of documents for his second sodomy trial.

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Bias, and Why It Is So Easy to Expose a Judge for Incompetence

Why I say it is so easy to expose our judges for incompetence – but this can only happen in Malaysia.

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The Federal Court in Nizar v Zambry: A critique

On 9 February 2010 the Federal Court (Alauddin Mohd Sheriff PCA, Arifin Zakaria CJ (Malaya), Zulkefli Ahmad Makinudin, Mohd Ghazali Mohd Yusoff and Abdul Hamid Embong FCJJ) handed down a unanimous decision on Nizar v Zambry. The judgment of the court was read by Chief Judge, Malaya Arifin Zakaria.

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The Necessity of Judging the Judges

For the anniversary of the power grab for control of the Perak State Government by the BN led Government in power, Malaysianinsider asked me to write an essay on the topic that the biggest casualty out of that entire episode is the Law. But the Law is not a casualty.

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Adorna reversal: Selective Justice by the Federal Court?

An incisive look at the ethical dynamics behind the recent Federal Court decision of Tan Ying Hong v Tan Sian San and Ors.

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Nazri’s Offer of a Way Out: A Commentary

A commentary on Nazri’s compromise on the ‘Allah’ issue from a more holistic appreciation of the Abrahamic faiths.

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The Court of Appeal’s “Outline of Reasons” in Anwar Ibrahim v PP – A Critique

UPDATED! (With link to Zainur Zakaria v PP) I must apologize for the delay in giving this critique. The Court of Appeal gave its decision on July 2. I received the “Outline of Reasons” from Ngan Siong Hing only last Friday, July 17. Without him supplying me with a copy of the judgment of the […]

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MB v MB appeal: 3 Answers

With reference to the 3 questions for the Federal Court on the MB v MB appeal mentioned here, my answers are as below:

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MatTop & Loyar Bagus, who said I won’t reply?

Thank you for all your comments and feedback to my posts. I have been following the threads closely, and in response to the specific query by Loyar Bagus here, this is my response.

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Part 2 – Gobbledegook and regurgitation in the written judgments of the Court of Appeal in Zambry v Nizar: Postscript – Zainun Ali JCA’s judgment

Part 2 – Gobbledegook and regurgitation in the written judgments of the Court of Appeal in Zambry v Nizar: Postscript – Zainun Ali JCA’s judgment

Postscript On Tuesday, July 7, 2009 I posted an article under the above title on the web with various news portals and here. At that time I only had the written judgments of two of the judges Raus Sharif and Ahmad Maarop JJCA. I have just received the third judgment of Zainun Ali JCA. Below […]

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Gobbledegook and regurgitation galore in the 2 written judgments of the Court of Appeal in Zambry v Nizar

Prologue I shall start with an aside on the dictionary definition of the two words which feature in the title of this article. Gobbledegook means unintelligible language. Regurgitate means repeat information without understanding it. Regurgitation is the noun.

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The regurgitation of not administering justice according to law in the written judgment of Nik Hashim FCJ in Jamaluddin & Ors v Sivakumar

Flashback To refresh your memory, I refer to the report in the New Straits Times of Friday, April 10, 2009: PUTRAJAYA: The Federal Court has declared that three assemblymen who quit their parties are still members of the Perak state legislature. This follows an unanimous ruling by a five-men bench yesterday which ruled that the […]

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