Law - Litigation Defence "Honest and Reasonable Mistake"

23/10/2011 Evening 7:46pm (Warm Weather)

This afternoon from a Hong Kong drama learn the "Honest and Reasonable Mistake" words, one of the way how to defence yourself when get sue.

After google it, finally get the some ideas from Armstrong Legal, appreciate their good work.

According to the Armstrong legal article, below is the example of the case of Honest & Reasonable Mistake:

Thomas (1937) 59 CLR 279

The High Court held that it was a defence to a charge of bigamy that the accused had believed "bona fide and on reasonable grounds” that he was not married and therefore a single man entitled to marry. The basis of the belief of the accused was that his marriage to his "former wife" was not valid because her decree of divorce had not been made absolute, so that she was still a married woman when he married her.

In upholding the defence of honest and reasonable mistake, Latham CJ said: “The belief was that a decree absolute had not been made by the Supreme Court of Victoria. Whether or not such a decree had been made was a question of fact. If no decree absolute had been made, the marriage of the accused's former wife would not have been dissolved and therefore, she would still have been a married woman when she married the accused. Thus, her marriage to the accused would have been invalid, and he would not have been a married person when he went through the ceremony of marriage with Miss Deed. Thus, if his belief as to the matter of fact mentioned had been true, he would not have been guilty of the offence charged.”

Another case that is worth to read regarding to Honest & Reasonable Mistake is, R. v. Park [1995] 2 S.C.R. 836, is a Supreme Court of Canada.

The accused have to have air of reality to substantiated his allegation that he might have had an honest belief that she was giving consent.

The definition of air of reality test, a pre-requisite test conducted to weigh the defense against a criminal charge. The defense should have sufficient evidential value. The evidential foundation is referred to as the air of reality.

Two instances, air of reality test can be applied are:
1. A prima facie case has been made against the accused.
2. An affirmative defense like insanity defense is raised by the accused.


Reference & Notes:
1) http://www.armstronglegal.com.au/web/page/defence_of_honest_and_reasonable_mistake_of_fact


2) http://en.wikipedia.org/wiki/R._v._Park

3) http://definitions.uslegal.com/a/air-of-reality-test/

My Question to Sng Seow Wah, Alliance Bank group CEO

6. Are Malaysian and Singapore banks able to absorb a 50% drop in property prices? Any stress tests before? Ong Ting Lip, Segamat, Johor

I believe that the steady increase in Malaysian property prices over the last few years has been due to economic fundamentals rather than speculation. As such, I do not expect to see a drastic scenario of property prices retracting by 50% in the near future.

Price increases (or decreases) in Malaysia have not been on the same scale as in Hong Kong or Singapore. Speculation in Hong Kong and Singapore has been higher, leading to severe anti-speculation measures introduced in the past year.

Malaysian banks (including Alliance Bank) are generally well-capitalised and conduct regular stress tests to ensure continued preparedness.

Source: Bizweek The Star

With Money Only We Can Help Those Poor

Below is my article appear in The Star on 6th June 2011.

link: http://thestar.com.my/news/story.asp?file=/2011/6/6/focus/8828183&sec=focus

Selangor can use water profits to help the poor

I REFER to “Put People First In Water Issue” (The Star, June 2). I agree with the writer that we should put aside political differences for the rakyat’s benefit.

Currently, Selangor may not face a water shortage but how about in years to come?

The later we build the water infrastructure the higher will the price be, as the cost of materials will not get any cheaper.

Water concession operators also seek to make profits, but as long as the water tariff is reasonable, the government of the day should allow them to increase the tariff.

One may argue whether the rakyat will be able to bear the higher water tariff?

The Selangor Government is the major shareholder of the water concession operators. If the company makes profit and distributes dividends, the state government can utilise its share of the profits to subsidise the poor rakyat.

This is a better way.

I hope that the discord between the Federal and state governments can be resolved as soon as possible in the interest of the rakyat.

ONG TING LIP,

Segamat.

The Tang Hak Ju Land Scam

Penang state govt hands over papers to aid MACC in land case - by The Edge

White paper 'to expose land scam' By Lee Keng Fatt news@nst.com.my

Who should responsible in the above issue? Do the previous administrator approved according to protocol, rules & regulation? Do it have any abuse of power on the above case?

Waiting to read the White Paper. Judge ourself.

妨碍司法公正 (Preverting The Course of Justice)

09/01/2011 Afternoon 3:55pm (Cloudy Day)

Just before the lunch, suddenly come out from my mind, that is the famous quote in the Hong Kong Drama "妨碍司法公正", under curiosity I intend to find the definition of this words, finally I got it, as it take me about half an hour to get the words in English that is "Preverting The Course of Justice".

But I am not sure my home country Malaysia did the Attonery-General charge any persons before under this common law offence "Preverting The Course of Justice". As this is the important issue either for criminal case nor in civil suit. Some of the people will find all sorts of way to prevent themself from any charge.

Recently that is the Teoh Beng Hock case which may affect the confidence of justice from the international people toward Malaysia. As the coroner rule out homicide nor suicide, so who responsible for the death of the deceased? Really sad to know that. MACC such as reputable government agency it is not safe to go to their office to co-operate for investigation, as under their "care" someone may either "homicide nor suicide". Who can actually tell us the truth of the death?

Get back to the Preveting The Course of Justice, here the wikipedia link:
http://en.wikipedia.org/wiki/Perverting_the_course_of_justice

Common Law Offence wikipedia link:
http://en.wikipedia.org/wiki/Common_law_offence

Will Malaysia adding this law into the Penal Code? Just wait and see.

US -First Time In History Inflation Bonds Are Sold With Negative Yield

This morning I reading a news that regarding inflation bond or know as Treasury Inflation-Protected Securities , surprise me is that bond selling in negative value.

Do this indicate that coming Nov 2-3, Fed QE2 Announcement Most Likely? I predicted is mostly going to have the second round on QE2.

Inflation, commodity is going up. USD is going to devalue some more. Worth to look at Malaysia plantation stock, and gold retails shop.

I still keep on positive on Tomei & Poh Kong. As their inventory (gold) which is much more lower than current gold price.

If Gold price break their historical high, in term of technical view it will further go up.

Next time, I will tell you why is the both gold jewellery stock worth for buying.


The website I visit:

http://www.bloomberg.com/news/2010-10-25/bernanke-says-regulators-are-intensively-reviewing-foreclosure-practices.html

http://www.nytimes.com/2010/10/26/business/26bond.html

Can Malaysia Achieve The Government Transformation Programme

Below is the link that China Transformation:

中共中央关于制定“十一五”规划的建议(全文)

http://news.xinhuanet.com/politics/2005-10/18/content_3640318.htm

China achieved that.




Below is the link for Malaysia Transformation:

The Government Transformation Programme

The six Government Transformation Programme (GTPs) are:

* Reducing crime
* Fighting corruption
* Improving student outcomes
* Raising living standards of low-income households
* Improving rural basic infrastructure
* Improving urban public transport



http://www.pemandu.gov.my/index.php?option=com_content&view=article&id=601&Itemid=83&lang=en


Time to prove it is Malaysia really Boleh!!!

What do Malaysia achieve from the past 53years after we Merdeka? Will we have the better prosperity than this 53years?

I still very confident to Malaysia, but for me the most important 2 things we should do is reducing crime and reducing corruption as well. If this both issue do not rectify, we can not achieve our transformation.