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发表于 23-7-2007 12:52 AM
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发表于 23-7-2007 12:53 AM
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发表于 23-7-2007 10:27 AM
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发表于 23-7-2007 11:18 AM
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发表于 23-7-2007 11:36 AM
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CJ: Lower courts cannot deviate
By RAPHAEL WONG
PUTRAJAYA: The lower courts cannot be allowed to ignore the ruling of a superior court just because it feels the higher court made a wrong decision, said Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim.
“Otherwise, every court will not be bound by the Federal Court.
“That is bad for the whole judiciary system as we must have consistency,” he told reporters at a ceremony to witness the elevation of eight High Court judges to the Court of Appeal.
The chief justice was commenting on a case determined by the Court of Appeal last week, in which Justice Datuk Gopal Sri Ram said the court was not bound to follow the decision of the apex Federal Court in a 2001 land case.
In that case of Adorna Properties Sdn Bhd vs Boonsom Boonyanit, the Federal Court found for Adorna Properties on the grounds that the National Land Code strictly followed the doctrine of “indefeasibility of title”.
Justice Gopal Sri Ram, the senior-most judge in the Court of Appeal, said the case was wrongly decided.
He said there was no need to follow the apex court’s decision because it had wrongly interpreted Section 340 of the National Land Code.
The Court of Appeal allowed an appeal, with costs, by the original property owners – brothers Au Meng Nam and Ming Kong – who lost their land to forgers.
The Court of Appeal also ordered that the title to the property be registered in their names, instead of the purchaser, Ung Yak Chew.
Ahmad Fairuz said the principle of stare decisis (binding precedent) must be strictly complied with, where judges of the lower courts are bound by the decision of the Federal Court, irrespective of how they feel about it.
He said this principle was under the adversarial system, which was still being used in this country as well as in Britain.
Ahmad Fairuz said judges were free to express their views if they were not happy with a decision.
But, he added, the final outcome should be left to the Federal Court to make the ruling or any correction.
The eight judges who took their oath yesterday before Justice Gopal Sri Ram, in the absence of Court of Appeal president Tan Sri Abdul Malek Ahmad, who died on May 31, were: Datuk Vincent Ng Kim Khoay, Datuk Abdul Malik Ishak, Datuk K.N. Segara, Datuk Abu Samah Nordin, Datuk Wan Adnan Muhamad, Datuk Sulong Matjeraie, Datuk Ahmad Maarop and Datuk Sulaiman Daud.
Also present were Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum and Attorney-General Tan Sri Abdul Gani Patail.
转自星报 |
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楼主 |
发表于 23-7-2007 11:57 AM
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Friday July 20, 2007
DPP to find out if teen killer can be jailed for natural life
By M. MAGESWARI
PUTRAJAYA: Having set aside the sentence that a boy be detained in prison at the pleasure of the King in a landmark judgment last week, the Court of Appeal now wants to see if he can be sent to prison for natural life for killing his tuition teacher’s daughter five years ago.
Court of Appeal Justice Gopal Sri Ram ordered DPP Yaacob Sam yesterday to look into whether the laws of England were applicable in Malaysia to sentence a teenager to natural life for murder.
The judge instructed the prosecutor to find out if the appellate court could “import Section 5 of the Criminal Procedure Code (CPC) and send the 17-year-old boy to prison.”
“We do not want to release him. We want to know if we can keep him in prison for a long time. Do we have the power to do so?” he asked DPP Yaacob when hearing submissions on what would be an appropriate sentence for the boy.
“Can we impose natural life, meaning he will die in prison? He cannot come out. This thought only came ... this morning. We cannot send him to death,” said Justice Sri Ram, who sat together with Justices Zulkefli Ahmad Makinudin and Raus Sharif.
Justice Sri Ram later remarked that the court “wants to keep the boy away from society as long as possible.”
The boy is currently being remanded at Kajang Prison under a Court of Appeal order. He has already served five years since his date of arrest on May 30, 2002.
The High Court had on July 1, 2003, found the boy, then aged 12, guilty of murdering the 11-year-old girl at her house in Sentul, Kuala Lumpur, by stabbing her 20 times with a sharp object on May 30, 2002.
Last Thursday, the Court of Appeal upheld the conviction for murder but set aside the sentence that the boy be held at the pleasure of the King, ruling that the sentence was unconstitutional.
But there is no provision to punish a juvenile convicted of murder.
Justice Sri Ram said yesterday the court unanimously agreed that Section 97(1) of the Child Act 2001 “is constitutional and good”. The section states that the death sentence shall not be passed on a person if he was a child at the time the offence was committed.
“This man (the 17-year-old boy) cannot be hanged. It is a perfectly valid provision,” said the judge.
DPP Yaacob asked the court for more time to carry out research on Section 5 of the CPC. Submissions have been fixed on July 25.
(Section 5 of the CPC provides for the laws of England to be applicable in Malaysia when there is no special provision made on matters of criminal procedure under the CPC or any written law.)
Counsel Karpal Singh argued that since the court had set aside the boy’s sentence, it should consider Section 125 of the Child Act, which provides a general penalty of two years' jail, a fine of up to RM5,000, or both.
Outside the courtroom, Karpal Singh told pressmen: “We cannot go to England to look for punishment in this case.
“Parliament never intended for a child to be sentenced to natural life. Natural life is only provided for those who committed offences under the Firearms (Increased Penalty) Act 1971. I think we are going too far,” he said.
The boy's distraught parents were in court yesterday but they left the proceedings early.
偶想放那个 juveniles for murder offences under Child Act, (detention at King's pleasure for murder) ruled unconstitutional. 因为那个Datuk Gopal Sri Ram为首的COA held tat the power to determine the measure of punishment is vested in the hands of the judiciary and not the executive. 无论素学术还素国家体制这案件都蛮有价值,seperation of power嘛 |
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楼主 |
发表于 23-7-2007 12:06 PM
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然后再浪费大家点点时间,偶邀请大家看个在马来西亚很普遍的新闻
Bar: Seniors bypassed again
KUALA LUMPUR: The Bar Council has welcomed the elevation of judges to the Court of Appeal but noted that a number of respected and senior High Court judges had been bypassed, again for no discernible reason.
“Unfortunately, in the last few years, ignoring seniority has become the norm, leaving many judges uncertain about their future, and the Bar and public puzzled,” said council chairman Ambiga Sreenevasan yesterday.
“It is unacceptable that the system of promotions and appointment remains shrouded in secrecy when judges are duty-bound to uphold the Constitution without fear or favour and are accountable to the people,” she said.
Ambiga said the council had consistently maintained that seniority be the first criterion in any promotion exercise, in the absence of a more objective and transparent mechanism such as a Judicial Appointment Commission.
那边有你不顺偶可以离开或表来马来西亚
这边有偶不顺你你永远别想爬头酱偶才可以推翻你讲的
老周的听妈妈的话,吊 |
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发表于 27-7-2007 11:47 AM
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新学期开始已有三个星期多了..
land的lecturer讲课不照着牌理,很难捉摸明白..唯有靠自己..
adorna他也有叫我们去看的judgment.. 他说passyear他有出过..问 Federal Court 的判决是否正确.. |
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楼主 |
发表于 27-7-2007 01:53 PM
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原帖由 shalala 于 27-7-2007 11:47 AM 发表 
新学期开始已有三个星期多了..
land的lecturer讲课不照着牌理,很难捉摸明白..唯有靠自己..
adorna他也有叫我们去看的judgment.. 他说passyear他有出过..问 Federal Court 的判决是否正确..
The Malayan Law Journal Articles
[2006] 2 MLJ xlix; [2006] 2 MLJA 49
TITLE: Article: Equity and Indefeasibility of Title and Interests in Land under the Peninsular Malaysian National Land Code 1965 (Part I)
AUTHOR: YONG CHIU MEI (LLB)(Hons)(Malaya), LLM (Harvard), PhD (Nottingham) Lecturer, Faculty of Law, University of Malaya
这篇ARTICLE不错下 |
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楼主 |
发表于 27-7-2007 01:57 PM
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发表于 27-7-2007 04:26 PM
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楼主 |
发表于 27-7-2007 06:18 PM
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发表于 28-7-2007 06:23 PM
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发表于 30-7-2007 01:51 PM
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发表于 2-8-2007 10:45 AM
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楼主 |
发表于 2-8-2007 11:01 AM
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发表于 2-8-2007 05:49 PM
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楼主 |
发表于 2-8-2007 07:18 PM
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发表于 3-8-2007 09:57 AM
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发表于 3-8-2007 11:16 AM
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不来眼里，蓝蓝，费力牙。。。下个星期yamcha mou？ |
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