tag:blogger.com,1999:blog-68570745601307052982024-03-13T15:27:52.567-07:00Yap Chong Yee SaysLin Meihttp://www.blogger.com/profile/04646093493380348548noreply@blogger.comBlogger35125tag:blogger.com,1999:blog-6857074560130705298.post-90438709005043009582010-05-05T17:43:00.000-07:002010-05-05T17:45:19.787-07:00Complaint To Advocates Disciplinary Board Against M/s Lim & Hoh for Unprofessional Conduct.UPDATE ON YAP’S COMPLAINT TO ADVOCATES DISCIPLINARY BOARD AGAINST M/S LIM & HOH FOR UNPROFESSIONAL CONDUCT AND FOR PARTICIPATING IN A CRIMINAL CONSPIRACY TO DEFEAT THEIR CLIENT;S CLAIM !!<br /> <br />FW: An update on the status of your complaint Melisa-----Original Message----- From: Melisa [mailto:melisa@asdb.org.my] Sent: Fri...<br />May 4 (1 day ago)<br />chongyee yapHello Miss Melissa Pang ! Thank you Miss Pang, you are the first Official of ...<br />8:39 AM (21 hours ago)<br />melisaDear Mr. Yap, Thank you for your email. I have noted the contents of your ema...<br />7:16 PM (10 hours ago)<br />Reply chongyee yap to melisa<br />show details 11:43 PM (6 hours ago)<br /> <br />Hello Miss Melissa !<br />Thank you for your quick response. I had enclosed a National Australia for AU$32/ and I had also stapled cash AU$5 in case me bank Cheque was insufficient. Ths problem arose because the bank clerk did not know how to convert AU$ into Rm. I based by calculation on Rm.3 to Au$1. The bank cheque was attached to my application.<br />I will arrange for a photo-copy of my wife's passport. I did not think that anyone will misappropriate Au$32 plus cash of AU45/ however it looks like that has happened. Please confirm that your office did not received my remittance in the form that I ststed above. The National Australia Cheque was drawn in favour of The Advocates & Solicitors disciplinary Board. However it is a very small sum and if it has gone missing, then I will replace the sum. The cheque and cash were stapled to one of the letters that was sent in my courier pouch. Please confirm that you are missing Rm.100 and I will have another re-issued.<br />I will send them to you next week.<br />Thank you very much, yapchongyee<br /> <br />On Wed, May 5, 2010 at 7:16 PM, melisa <melisa@asdb.org.my> wrote:<br />Dear Mr. Yap,<br />Thank you for your email.<br />I have noted the contents of your email, and would advise you that, since all matters (and complaints) dealt with by us, the Advocates and Solicitors Disciplinary Board (Malaysia) are treated as highly private and confidential, you may wish to refrain from displaying or sharing any of our correspondences in a public forum. Further since details relating to a complaint are only disclosed to parties privileged to the complaint, it may to your detriment to disclose any details relating to your complaint to any third party.<br />In respect of your complaint, I have noted that we have not received:-<br />(i) a copy of your wife (the Complainant’s) passport or National Registration Identity Card; and<br />(ii) payment in respect of our RM100.00 processing fee.<br />In respect of the:-<br />(a) required copy of your wife’s passport, you DO NOT need to send a hard copy to me by post or courier service. You may just scan and email to me a copy of the same;<br />(b) payment of the RM100.00 processing fee, I note that there was no cheque attached to you letter (despite such mention of a cheque in your letter of complaint) and there was no cheque number detailed in your letter of complaint. You DO NOT need to send me a cheque in the post, instead, you may wish to forward us the said sum by way of telegraphic transfer. Our bank account details with the relevant swift code are as appended below:-<br />Bank Name: AmBank (M) Berhad<br />Bank Address: 28, Ground Floor, Wisma Maran, Medan Pasar, 50050 Kuala Lumpur.<br />Bank Swift Code: ARBKMYKL<br />Account Name: Bar Council-Discipline Fund<br />Account No: 023-201-200087-6<br />Kindly proceed to let us have the above said outstanding documents and payment to enable us to proceed to process your complaint expeditiously.<br />Please do feel free to contact me if you require any further assistance.<br />Thank you and regards,<br />Melisa Pang<br />Legal Officer<br />Advocates & Solicitors Disciplinary Board<br />-----Original Message-----<br />From: chong yee yap [mailto:yapchongyee@gmail.com]<br />Sent: Wednesday, May 05, 2010 8:39 AM<br />To: Melisa<br />Subject: Re: FW: An update on the status of your complaint<br />Hello Miss Melissa Pang !<br />Thank you Miss Pang, you are the first Official of the Malaysian Government who has shown some degree of conscientiousness and I thank you for that. I wish to inform you that I have published your letter in today's edition of Malaysia Today. You have done your official duties well and the public must be told that not all in the government MAKAN GAJI BUTA ! Thank you Miss Pang and have a good day.<br />- Show quoted text -<br />I look forward to reading your next letter.<br />yap chongyee<br />On Tue, May 4, 2010 at 4:11 PM, Melisa <melisa@asdb.org.my> wrote:<br />-----Original Message-----<br />From: Melisa [mailto:melisa@asdb.org.my]<br />Sent: Friday, April 30, 2010 6:58 PM<br />To: 'yapchoyyin@gmail.com'<br />Subject: FW: An update on the status of your complaint<br /> <br /> <br />-----Original Message-----<br />From: Melisa [mailto:melisa@asdb.org.my]<br />Sent: Friday, April 30, 2010 6:35 PM<br />Advocates Disciplinary Board Is Investigating M/s Lim & Hoh<br />Dear Mr. Yap,<br />Thank you for your email.<br />I have noted the contents of your email, and would advise you that, since all matters (and complaints) dealt with by us, the Advocates and Solicitors Disciplinary Board (Malaysia) are treated as highly private and confidential, you may wish to refrain from displaying or sharing any of our correspondences in a public forum. Further since details relating to a complaint are only disclosed to parties privileged to the complaint, it may to your detriment to disclose any details relating to your complaint to any third party.<br />In respect of your complaint, I have noted that we have not received:-<br />(i) a copy of your wife (the Complainant’s) passport or National Registration Identity Card; and<br />(ii) payment in respect of our RM100.00 processing fee.<br />In respect of the:-<br />(a) required copy of your wife’s passport, you DO NOT need to send a hard copy to me by post or courier service. You may just scan and email to me a copy of the same;<br />(b) payment of the RM100.00 processing fee, I note that there was no cheque attached to you letter (despite such mention of a cheque in your letter of complaint) and there was no cheque number detailed in your letter of complaint. You DO NOT need to send me a cheque in the post, instead, you may wish to forward us the said sum by way of telegraphic transfer. Our bank account details with the relevant swift code are as appended below:-<br />Bank Name: AmBank (M) Berhad<br />Bank Address: 28, Ground Floor, Wisma Maran, Medan Pasar, 50050 Kuala Kumpur.<br />Bank Swift Code: ARBKMYKL<br />Account Name: Bar Council-Discipline Fund<br />Account No: 023-201-200087-6<br />Kindly proceed to let us have the abovesaid outstanding documents and payment to enable us to proceed to process your complaint expeditiously.<br />Please do feel free to contact me if you require any further assistance.<br />Thank you and regards,<br />Melisa Pang<br />Legal Officer<br />Advocates & Solicitors Disciplinary Board<br />- Show quoted text -<br />-----Original Message-----<br />From: chongyee yap [mailto:yapchongyee@gmail.com]<br />Sent: Wednesday, May 05, 2010 8:39 AM<br />To: melisa<br />Subject: Re: FW: An update on the status of your complaint<br />Hello Miss Melissa Pang !<br />Thank you Miss Pang, you are the first Official of the Malaysian Government who has shown some degree of conscientiousness and I thank you for that. I wish to inform you that I have published your letter in today's edition of MalaysiaToday. You have done your official duties well and the public must be told that not all in the government MAKAN GAJI BUTA ! Thank you Miss Pang and have a good day.<br />I look forward to reading your next letter.<br />yapchongyee<br />On Tue, May 4, 2010 at 4:11 PM, melisa <melisa@asdb.org.my> wrote:<br />-----Original Message-----<br />From: Melisa [mailto:melisa@asdb.org.my]<br />Sent: Friday, April 30, 2010 6:58 PM<br />To: 'yapchoyyin@gmail.com'<br />Subject: FW: An update on the status of your complaint<br /> <br />COMMENTS BY YAPCHONGYEE<br />Hello !<br />To all Malaysians who, I hope will follow these developments, I am happy to respond to the comments of Miss Melissa Pang and her advice that my actions to expose JUDICIAL & LAWYER ABUSE OF THEIR privileged status, will attract adverse consequences; I thank Miss Melissa for her good intentions and her advice !<br />I set out some 6 years ago to expose Judicial corruption and abuse of power by judges like Judge Zainon binti Mohd. Ali of the Court of Appeal. I think if anyone who has read my letters published to the public at large knows what the case is and I will save you the boredom of repetition.<br />As a lawyer, I find the corruption and blatant abuse of power of judges of the Malaysian Judiciary repulsive and outrageous. My wife’s petition is an example of the total & absolute disrespect, & disregard of the law by Judge Zainon binti Mohd. Ali. She totally PISSED ON THE PROVISIONS OF THE COMPANY’S ACT OF MALAYSIA. To think that I have written countless letters to the Chief Justice, Tun Zaki Azmi, Chief Judge of Malaya, Tan Sri Lauding (or whatever is his true name) and faxed to 68 other public prosecutors & judges and the public at large, AND YET HAD ATTRACTED NO ACTION AGAINST JUDGE ZAINON and her corrupt practises IS JUST SO UNBELIEVABLE ! It has absolutely escaped Malay intellectuals (who ought to know better) that a Malaysia in this environment IS LAWLESS ! It is just trait to state that the administration of LAW in any modern democracy ADMITS OF NO EXCEPTION. You either enforce the LAW or ACCEPT A STATE OF ANARCHY, and Malaysia is in a state of Lawlessness ! The Attorney General prosecutes at his whim and provisions of the law are routinely set aside at the convenience of prosecutors and judges alike. I truly believe that LAW OFFICERS (judges, lawyers & prosecutors) really do not know their law. These Law Officers get appointed for just being MALAY ! Why is it good to have Law Officers who are appointed for just being Malay ? WHERE IS THEIR KNOWLEDGE OF THE LAW ?<br />I set out on my project to NAME & SHAME JUDGES WHO ABUSE THE LAW AND THOSE WHO BY THEIR DECISION IN KNOWN CASES EXPOSE THEIR IGNORANCE OF THE LAW AND ABUSE OF POWER. It so happens that Judge Zainon binti Mohd. Ali FIT’S THE CRITERIA TO A “T”. Judge Zainon did not merely make a mistake in LAW, but she made ALL THE FUCKING MISTAKES AND FROM THE TOTALITY OF HER “MISTAKES” WE CAN SAFELY THAT SHE KNEW THAT SHE WAS COMMITTING ABUSE OF POWER, PERVERTING THE COURSE OF JUSTICE, PARTICIPATED IN A CONSPIRACY TO STEAL RM.60,000 which she obtained from my wife when she represented to my wife by the terms of her order for security for costs, that upon payment of Rm.60,000, my wife’s petition will go to trial. Judge Zainon is a thief in Judge’s robes because she had no intention whatsoever at anytime at all TO SET THE PETITION FOR TRIAL; and that she ordered that said Rm.60,000 was to be paid into the hands of all the respondents; and then when my wife had paid said sum, WENT ON TO FUCKING STRIKE OUT PETITION. HER ORDER FOR STRIKING OUT was communicated to us by Mr David Hoh. Was there in fact such a nonsense ever perpetrated by Judge Zainon ? This is the main issue that I have complained to the Advocates Disciplinary Board because if Judge Zainon did not make such a nonsense ORDER, then we can say that M/s Lim & Hoh had FUCKING EMBEZZLED MY WIFE’S RM60,000. Over a 7 year period since it was represented to me that Judge had struck out said petition I HAVE CONTINOUSLY ASKED FOR THE STRICK OUT ORDER, and M/s Lim & Hoh have not been able to produce the said STRIKE OUT ODER. Do I not have cause to FUCKING DOUBT M/S Lim & Hoh, and am I not reasonable to think THAT M/S LIM & HOH have embezzled my wife’s Rm.60,000 !<br />Miss Melissa Pang claims that such enquiry are SECRET and that I am not to disclose any communication that is sent to me; BUT I SAY MISS PANG IS MIS-INFORMED AND MISCONCEIVED ! Let us assume that Miss Melissa is correct and that information made available to the Disciplinary Board are privileged and cannot be disclosed. I say that if such a provision exists in the constitution of the Disciplinary Board, then that can only relate to the actions of the Disciplinary Board; and that any communication that is communicated to me as complainant IS MY BUSSINESS ALONE ! I am not accountable to the Advocates Disciplinary Board because I am not a member of the Malaysian Bar. If I am to be accountable, THEN I CAN ONLY BE ACCOUNTABLE TO M/S LIM & HOH AND NOT TO THE ADVOCATES DISCIPLINARY BOARD.<br />This brings me to raise another question, CAN THE ADVOCATES DISCIPLINARY BOARD REFUSE TO COMMUNICATE TO ME OF DEVELOPMENTS RELATED TO THE PROGRESS OF THIS ENQUIRY ? No! They definitely cannot ! I am one of the formal complainants and it is the duty of the “BOARD” to inform me of every development that has occurred. This is called INDEPENDENCE OF THE ADVOCATES DISCIPLINARY BOARD. How can the Disciplinary Board claim to be independent if they keep me in the DARK ? Whether I refrain from making public or not the information that they send to me, IT IS THE DUTY OF THE DISCIPLINARY BOARD TO INFORM ME OF ALL DEVELOPMENTS.<br />My project is to expose transgressions of the law by BOTH LEGAL & JUDICIAL OFFICERS, so what is the fun if I keep silent ? WHAT IS THE POINT ? I say to Miss Melissa Pang that I shall continue to publish any communication that I received on developments of my complaint. I ask that the Advocates Disciplinary Board DO THEIR DUTY WITHOUT FEAR OR FAVOUR. MALAYSIA HAS A DYSFUNCTIONAL JUDICIARY, SO LET US ALL HOPE THAT WE DO NOT HAVE AN EQUALLY DYSFUNCTIONAL ADVOCATES DISCIPLINARY BOARD. Only time will tel because I will be publishing every bit of information that the Board sends to me and LET THE PUBLIC JUDGE THEM AS WE JUDGE THE JUDGES ! However, I do not hold too much hope for that to happen. In the meantime (fucking 10 years already) Judge Zainon has FUCKING CONTRIVED THE LOSS OF (on a compound interests computation) at least Rm.130,000. 5% per year on compound interests will get you there !<br /> <br /> <br /> <br /> <br /> Yap Chong Yeehttp://www.blogger.com/profile/01049964149247000909noreply@blogger.com0tag:blogger.com,1999:blog-6857074560130705298.post-65889730692149007002010-03-30T17:24:00.000-07:002010-03-30T17:26:15.798-07:00Complaint Against Petitioner's Solicitors, M/S Lim & HohYap chong yee<br />Yap Chong Yee,<br />5a Prinsep Road,<br />Attadale, WA6156,<br />Western Australia<br />Email :yapchongyee@Gmail.com<br />Tel. (08)61613661<br /> <br /> <br />31 March, 2010<br />Director of the Complaints Secretariat<br />Advocates & Solicitors Disciplinary Bar<br />9th & 10th Floor<br />Wisma Maran<br />Medan Pasar<br />50050 K. L.<br />Dear Sir,<br />Complaint Against Mr. David Hoh of M/s Lim & Hoh<br />Respondent : Mr David Hoh<br />M/s Lim & Hoh,<br />8th Floor, Ming Building,<br />Jalan Bukit Nanas, Kuala Lumpur,<br />Dear Sirs,<br />Re: Originating Petition No. :D2-26-41 OF 2001 in the High Court at<br />Kuala Lumpur (COMM.DIV. )<br />I am making formal complaint to the Advocate & Solicitors Discipliary Bar against my wife’s solicitors M/s Lim & Hoh, Solicitors for the Respondents, M/s Mathews & Co., representing 1st Respondents McLarens Saksama Sdn. Bhd., M/s Annad & Noraini, representing 2nd & 3rd respondents, and finally M/s Teh & Co. representing the rest 4th, 5th & 6th respondents.<br />For the purpose of keeping my letter brief, I direct your good selves, SIR, to read the facts that are set out in my wife’s letter of complaint; except when facts that are known to me only, I will then set then out. The most important fact that by themselves would be sufficient to ground the criminal charges that I will set out below are the farcical act of Judge Zainon Binti Mohd. Ali to approve both (a)Order for security for costs of Rm.60,000 as security for costs and said sum was in fact paid in time and duly accepted by all 6 respondents (b) followed by Judge Zainon binti Mohd. Ali’s APPROVAL of a 2nd Order for striking out said Petition. WITHOUT A PRIOR APPLICATION & ORDER TO SET ASIDE THE 1ST ORDER FOR SECURITY FOR COSTS. My criminal charges against all the parties named therein, arise mainly based on this particular development. My case that they have committed these criminal offences is the fact that, the payment by my wife of said Rm.60,000 and the acceptance by all said 6 respondents FORMED A DE FACTO CONTRACT/AGREEMENT THAT ON RECEIPT OF SAID SECURITY FOR COSTS, RESPONDENTS WILL GO TO TRIAL. However, Judge Zainon binti Mohd. Ali in her illiterate ignorance of the LAW STRUCK OUT MY WIFE’S PETITION WHILE THE CONTRACT TO GO TO TRIAL IS STILL IN PLACE AND VERY MUCH ALIVE.<br />JUDGE ZAINON HAS NO IDEA THAT SHE CANNOT STRIKE OUT BECAUSE, THE FIRST PRINCIPLE OF COMMON LAW IS THAT A JUDGE CANNOT ENDORSE/AFFIRM AN ILLEGALITY; and the act of Stephen Lim (2nd respondent) in APPLYING TO STRIKE OUT PETITION WAS A BREACH OF CONTRACT/AGREEMENT because he is bound by the contract/agreement upon accepting my wife’s security for costs. JUDGE ZAINON THEREFORE HAS NO POWERS TO ENTERTAIN MR STEPHEN LIM’S APPLICATION FOR STRIKING OUT SAID PETITION. It is farcical that a Judge of the Malaysian Court of Appeal was so illiterate of the LAW that she acted in the way that she did and in so doing COMMITTED NUMEROUS CRIMINAL OFFENCES.<br />I charge the above named respondents and their solicitors(including M/s Lim & Hoh) for acting in concert & in A CONSPIRACY led by the presiding judge Dato Zainon binti Mohd. Ali, to commit the following crimes :<br />(1)TO PERVERT THE COURSE OF JUSTICE,<br />(2)ALL THE SOLICITORS NAMED ABOVE TOGETHER WITH THEIR CLIENTS (excluding said Petitioner of course)ABOVE AIDED AND ABETTED JUDGE DATO ZAINON BINTI MOHD. ALI TO ABUSE HER JUDICIAL POWERS WHILE SHE ADJUDICATED MY WIFE’S PETITION,<br />(3)ALL SAID SOLICITORS & THEIR CLIENTS(excluding Petitioner of course) LED BY THE PRO-ACTIVE PARTICIPATION OF JUDGE ZAINON TO FABRICATE EVIDENCE, TO COMMIT FORGERY OF MY WIFE’S SIGNATURE AND TO COMMIT PERJURY,<br />(4)ALL THE NAMED SOLICITORS & THEIR RESPECTIVE CLIENT RESPONDENTS (excluding Petitioner of course)LED BY THE PRO-ACTIVE PARTICIPATION OF JUDGE DATO ZAINON BINTI MOHD. ALI COMMITTED THE CRIMINAL OFFENCE OF STEALING MY WIFE’S RM.60,000 ON THE PRETENSE THAT SAID RM.60,000 WAS TO BE PAID INTO THE HANDS OF MR. DAVID HOH AND ONE OTHER SOLICITOR OF THE RESPONDENTS, TO BE HELD FOR THE PURPOSE OF DISBURSEMENT TOWARDS COSTS OF THE TRIAL, UNDER AN ORDER FOR SECURITY FOR COSTS, APPROVED BY JUDGE ZAINON BINTI MOHD. ALI.<br />THE SAID RESPONDENTS, THEIR SOLICITORS AND THE LEADERSHIP OF JUDGE DATO ZAINON HAD INTENDED ONLY TO ILLEGALLY RETAIN SAID RM.60,000 ALLEDGE UNDER JUDGE ZAINON TO BE FOR SECURITY FOR COSTS, WHEN IT WAS THEIR INTENTION TO RETAIN SAID RM60,000 ILLEGALLY AND FOR THEIR OWN USE.<br />(5)I CHARGE MY WIFE’S SOLICITORS, M/S LIM & HOH FOR COMMITTING CRIMINAL BREACH OF TRUST.<br />(6)I CHARGE JUDGE ZAINON BINTI MOHD. ALI FOR COMMITING THE COMMON LAW OFFENCE OF MALFEASANCE IN OFFICE.<br />Finally, it remains for me to set out the facts that I rely to charge Judge Zainon for criminal conduct in the performance of her duties. At the first hearing of said petition, JUDGE ASKED MR DAVID TO ASK MY WIFE IF SHE WILL WITHDRAW HER APPLICATION TO CROSS EXAMINE THE AFFIDAVITS OF MR WONG KEM CHEN, MR STEPHEN LIM AND MR KWONG SEE YOON FOR PERJURY. Mr David Hoh conveyed Judge Zainon’s request to my wife, but advised my wife, correctly in this instance not to withdraw her application for leave to cross examine said respondents for perjury. My wife therefore refused Judge Zainon’s request to withdraw.<br />I believed that Judge Zainon in this instance had acted totally inappropriately by her request. I spoke to Dato Mokhtar Sidin, who was my classmate in University of Singapore, NOT TO INFLUENCE HIM IN ANYWAY, BUT MERELY TO HAVE SOMEBODY IN THE JUDICIARY KNOW OF THE INAPPROPRIATE CONDUCT OF JUDGE ZAINON WHEN HER CONDUCT DECOMES RELEVANT IN ANY PROSECUTION OF MY CHARGE AGAINST HER FOR ABUSE OF OFFICE. Dato Mokhtar Sidin advised me not to withdraw. We therefore refused Judge Zainon’s request to withdraw. However, I had, following the inappropriate behaviour of Judge Zainon, written to the then Chief Justice, Tun Fairoz of the inappropriate conduct of Judge Zainon and the events that developed deserve detail mention because from this event we can see the pro active participation of both Judge Zainon and Mr David Hoh in the conspiracy to pervert the course of justice.<br />Following the events that developed above, I went to KL but I did not want Mr David Hoh to know that I had come to KL. That was the day that I had written to Tun Fairoz complaining of the inappropriate conduct of Judge Zainon. I had personally HAND DELIVERED my letter of complaint to the office of Tun Fairoz., on the morning of my arrival in KL. I delivered the letter to Tun Fairoz’s office at 10 am on the day of my arrival. At 5pm of the same day I received a phone call from Mr David Hoh at my sister’s house where I stayed whenever I was in KL and that was my contact address for Mr David Hoh to reach me. He asked me to call at his office the next morning and I did. At this meeting, Mr David Hoh called Judge Zainon in my presence, but I was invited to “CHIT CHAT” with Mr Frank Hoh, WHILE DAVID SPOKE TO JUDGE ZAINON. I did not hear the conversation because I was ‘chit chatting” with Frank Hoh in another room in the office; and after a lapse of 1 hour, Mr David Hoh came into Mr Frank Hoh’s room and asked me to sign a letter which was I believe drafted by the joint effort of Judge Zainon binti Mohd. Ali and Mr David Hoh. I was told that the letter was an apology to Judge Zainon for mis-interpreting the request of Judge Zainon in asking my wife to withdraw her application. I told David Hoh that I will not read the contents of the letter but I will sign it anyway, but that when the letter becomes evidence I will relate the whole event without any reservations.<br />This incident sums up the whole sordid development, the full participation of an adjudicating judge, solicitors of Petitioner acting in concert and in conspiracy with lawyers representing all respondents and the judge acted criminally to rob my wife of her legal rights and money to the sum of Rm.60,000. In the list of annexed documents is the letter that Mr David Hoh complains to my wife that every time that I write and make public my expose’ of the criminal behaviour of Judge Zainon, he Mr David Hoh had to attend Judge Zainon’s chambers for a dressing down.<br />After 3 years of repeated postponements, I received a phone call from Mr David Hoh, who asked my consent to withdraw my wife’ application for leave to cross examine. He argued that since my wife had applied for leave to cross examine for perjury to counter the application for security for costs and now that Judge Zainon had approved respondents’ application without giving any consideration for our defense that respondents had lied in their supporting affidavits and hence VOID THEIR APPLICATION FOR SECURITY FOR COSTS; that was our intention, and Respondents had applied for security for costs of Rm.650,000 or thereabouts. Mr David Hoh told me that those postponements were because Judge Zainon had wanted us to withdraw our application to cross examine and since SECIRITY FOR COSTS HAD ALREADY BEEN GRANTED OUR APPLICATION HAS BECOME superseded and irrelevant; his exact words to convey his argument was “LETS CLEAR THE DECK” so as to get the trial going. I consented to his persuasion and agreed for him to withdraw our application to cross examine. On this issue again we see the illiteracy of Judge Zainon. She had pressured Mr David Hoh to get our consent to withdraw the application AS INDICATION THAT PETITION HAD NO CAUSE OF ACTION, because her judgment to support her strike out were only two words PETITIONER HAD “APPROBATED & REPROBATED”, but as I said the reason for the withdrawal was initiated by Judge Zainon and she had pressured Mr David Hoh to get our consent to withdraw. You are likely to say to me that this is my speculation, but I will say that all the evidence demonstrates this to be.<br />However, as I have maintained at all times Judge Zainon is very weak in the LAW. Her Approbate and her Reprobate Judgment will only serve to hang her. All the earlier circumstances that I had recounted indicated in so many ways that Judge Zainon Binti Mohd. Ali had from the very beginning of the hearing of the case had only intended to strike out said Petition. She had pressured Mr David Hoh to obtain my apology for writing to the Chief Justice. The truth is Mr David had conveyed Judge Zainon’s request to withdraw; and therefore facts underlining the whole relationship between Judge Zainon and myself was one that challenged the authority of Judge Zainon and made her loose face and she wanted to punish me in every way possible. Little did she know that all her actions and the fact that she lashed onto our withdrawal as a fig leaf cover and for legal justification for striking out shows her ignorance. Her MALFEASANCE ARISE FROM her approving BOTH (1)ORDER FOR SECURITY FOR COSTS and (2)followed by her approval for striking out; it is sheer legal nonsense for the 2 orders to exist together because the existence of one opposes the existence of the other. JUDGE ZAINON BINTI MOHD. ALI HAD NO IDEA THAT THESE TWO ORDERS CANNOT EXIST TOGETHER. Therefore judge Zainon’s abuse of power lies in her approving the 2 orders, which had the force of negating both the orders because they cancelled out each other. BLOODY LAW ILLITERATE NONSENSE,<br />I submit that Judge Zainon’s 2nd Order for Striking out is illegal because Judge Zainon had prior knowledge that Mr Stephen Lim Cheng Ban’s application for an order for striking out CONSTITUTES BREACH OF CONTRACT TO GO TO TRIAL UPON PAYMENT OF SECURITY FOR COSTS, all the three elements that forms a contract are there the application for security for costs forms the “OFFER”, and the payment by my wife of the Rm.60,000 forms the “CONSIDERATION” and acceptance by my wife, and the said Rm.60,000 was PAID into the hands of respondents and they accepted the Rm.60,000. I said before and I say it now that Judge Zainon by her prior knowledge of the facts of the contract had acted ILLEGALLY by entertaining and striking out my wife’s petition.<br />I take issue with Mr David Hoh because he is deemed to know the law and that being said he should have applied to strike out Mr Stephen Lim’s application, which he had been professionally negligent in failing to do so. At this point my charge against Mr David Hoh is that HE HAD CONTRIVED THE SITUATION FOR JUDGE TO STRIKE OUT SAID PETITION BY WITHDRAWING MY WIFE’S APPLICATION TO CROSS EXAMINE FOR PERJURY ! This is evidence that Mr David Hoh had acted in this manner to avail Judge Zainon the PRETEXT TO STRIKE OUT. In the circumstances Judge Zainon should have recused herself and Mr David Hoh should have applied for her recusal, which he did not.<br />I LIKE TO SHAME JUDGE ZAINON FOR WHAT AN INCOMPETENT LAW ILLITERATE THAT SHE IS; it is obvious that Judge Zainon has no idea WHAT A DEFENSE IS ! The joke is that Mr. Stephen Lim’s supporting affidavit IS A DEFENSE IN IT’S OWN RIGHT---”his affidavit is his defense” and his defense is that my wife sold her shares to him ! Judge Zainon does not know that that constitutes a defense ! WHAT A JOKE ! I ask Judge Zainon and all of you members of this disciplinary committee IS NOT STEPHEN LIM’S AFFIDAVIT NOT A DEFENSE; AND IF IT IS THEN WHO COME JUDGE CAN SAY THAT THERE IS NO CAUSE OF ACTION ?<br />Zainon had PRESSURED POOR CASTERATED Mr David Hoh to persuade me to consent to the withdrawal of my wife’s application. I had consented to Mr David’s argument; however, my consent only goes to prove that Mr David Hoh was running with the hare and hunting with the hound. Mr David Hoh is the solicitor and Counsel and he has a professional duty to protect his client, AND WITHDRAWING HIS CLIENT’S APPLICATION IN NORMAL CIRCUMSTANCES WOULD DESTROY his client’s case; BUT LUCKY FOR PETITIONER THE CRIMINAL BEHAVIOUR OF JUDGE ZAINON REALLY STRENGTHENED PETITIONER’S CASE BECAUSE THE FACTS INDICATE THAT THERE WAS A CRIMINAL CONSPIRACY TO PERVERT THE COURSE OF JUSTICE AND MORE AS SET OUT ABOVE.<br />I can see the reason why M/s Lim & Hoh has made themselves incommunicado; the facts prove the whole bunch of them acting and behaving like a gang of THUGS, AND THIEVES, JUDGE ZAINON INCLUDED AND INDEED SHE WAS THE FACILITATOR, and without the participation of Judge Zainon all these crimes cannot have taken place.<br />These are thre issues that the Bar Council has to settle in this complaint :<br />(1)IS M/S LIM & HOH STILL ACTING FOR MY WIFE ?<br />(2)IF THEY ARE STILL ACTING FOR MY WIFE, “then why did M/s Lim & Hoh not withdraw their unauthorized appeal against Judge Zainon’s illegal Order to strike out when an appeal in these circumstances is totally inappropriate cause of remedy .<br />When the correct application in the circumstances is to apply to set aside the order to strike out for the reasons advanced above to remove that nonsense ORDER TO STRIKE OUT ? The proper cause of action is to apply to SET ASIDE THAT ILLITERATE ORDER TO STRIKE OUT BECAUSE THAT ORDER IS VOID FOR ILLEGALITY.<br />(3)WHAT HAS BECOME OF THE SECURITY FOR COSTS POSTED BY MY WIFE PURSUANT TO JUDGE ZAINON ORDER FOR SECURITY FOR COSTS. It is now 8 years or 9 years since my wife posted that Rm.60,000. Does Mr David Hoh even know that if ever there was any reason for the respondents to claim that security for costs, THEIR CLAIM IF NOT ALREADY PAID WILL NOW BE “time barred”; so the question is who has the money and where is the money.<br />In the events that had been running for a period of 10 years almost, I can say without any reservations that the Chief Justice Tun Zaki Azmi does not want to know of my complaints that CHARGE JUDGE ZAINON WITH CRIMINAL CONDUCT; neither will Mr Justice Alluddin, Chief Judge of Malaya, neither will the A-G act to enforce the LAW which in any other jurisdiction in the former British Commonwealth, would mean the criminal prosecution of Judge Zainon binti Mohd. Ali and her gangster, thug co-conspirators, but not in Malaysia<br />(4)We have tried in so many ways to contact Mr David & Frank Hoh but to date we have failed to achieve this with our lawyers no less. WE HAVE ON MAY OCCASSIONS REQUESTED THAT M/S LIM & HOH SEND TO US A COPY OF JUDGE ZAINON’S ORDER FOR SECURITY FOR COSTS AND THE 2ND ORDER FOR STRIKING OUT PETITION AND TO DATE WE HAVE FAILED. The 2 orders belong to my wife and she wants them back; why is it that we cannot obtain said 2 copies ? WHERE ARE THE 2 ORDERS ? WE WANT THEM !<br />Sincerely,<br />Yap Chong Yee<br /> <br />STATUTORY DECLARATION<br /> <br />I, Yap Chong Yee Australian VISA DEBIT CARD No. 4017954021351961<br />Of 5a Prinsep Road, Attadale, Perth, W. Australia, Solemnly and Sincerely in Affirm as follows :<br />!. The contents of my letter of complaint dated ………………………. To the Advocates &<br />Solicitors Disciplinary Board, Kuala Lumpur against Mr David Hoh of M/s Lim & Hoh of Ming<br />Building, Jalan Bukit Nanas K.L. are true to the best of my knowledge.<br />2. I make this solemn declaration conscientiously believing the same to be true and by virtue of the<br />provisions of the Statutory Declarations Act,<br /> <br /> <br />Subscribed and Solemnly<br />Declared by the abovementioned<br />at PERTH, W.AUST.<br />On this day of……………..<br /> <br />Before me,<br /> <br />(Signature of Malaysian Counsel to Perth, WA..<br /> <br /> <br /> Yap Chong Yeehttp://www.blogger.com/profile/01049964149247000909noreply@blogger.com0tag:blogger.com,1999:blog-6857074560130705298.post-73247470930151269082010-01-21T17:30:00.001-08:002010-01-21T17:30:45.043-08:00MALAYS IN NATION BUILDINGMALAYS AND NATION BUILDING<br /><br />I believe it is no exaggeration to say that in the 53 years of Malaysia’s independence, there has not been any article written that truthfully analysed and sincerely critical of the path of Malaysian nation building and national development. It is not difficult to understand why this is so; and it is no secret that fear of government reprisal; meaning that “UMNO” will strike down any criticism with an iron fist. I regret that it is for this reason that Malaysia has retarded the nations evolution towards a modern state; and I am saying this with the least of malice; MALAYSIA HAS NOT MATURED INTO A MODERN NATION STATE, and for the purpose of framing the progress of Malaysia metaphorically, I say if Malaysia is a human being, then at this particular point of our history, Malaysia is a child of 10 years old in a lifespan of 75 years old. We are 53 years old as an independent nation but our maturity is that of a 10 year old.<br /><br />I regret that to this point in our history no one for fear of punishment under that ISA curse dared to criticise the Malays. It is utterly disgraceful that the Malays have no qualms about and careless about what their actions will unleash; quite apart from the occurrence of the many pogroms that took place in Penang, until in 1969, when Chinese memory is etched with the trauma of “516”; and if TIME MAGAZINE is correct 2,800 mostly Chinese Malaysians were killed by the fury of the Malays; and if the truth be told, no one has dared to mention this fact; and as events come to past, I dare say that 1969 was indeed an eye opener, and from my very own perspective I believe some good had come of it, in a very cynical sort of way. I took stock of the situation after the riots of 519 and decided that it was better for my family to migrate to Australia. I can sincerely say that that was the best decision that I had ever made. I think most of you reading my response will say that I am a traitor, but that remark will be made and made unthinkingly ! I am not any traitor because in the Malaysia environment when I was Malaysian, we Chinese were not ever respected as Malaysian citizen, so why say that those who, like me chose to leave Malaysia, TRAITORS ? By the same consideration, our fore-bares migrated to Malaya. We Chinese were born to withstand hardships; and you can almost say that Chinese are born with genes that carry the hardy DNA because the many waves of Chinese migrants came from the very bottom of China’s society. Our fore bares came with nothing but the cloths on their back, and they climbed up from zero.<br /><br />There is no reason for the Malays to grudge the Chinese for what many of us worked hard to achieve, At this point the issue that I want to raise is, “what can justify the Malays to discriminate against Chinese ? Are the Chinese not equal citizens as are the Malays or the Indians or whatever and wherever we had come to make Malaysia home ? We all did it our own way and there are as many poor Chinese as there are poor Malays. I say to my Malay friends that we had not at any time while we lived in Malaysia derived any government support, nor did we at anytime grudged the government largess that for 53 years had all gone to the Malays. What is the difference between Ahmad (who works as a mata mata) and another “Shaffie” who gets rich from taking millions of Ringgit in bribes as a UMNO minister ? What is the difference between Ah fatt who works as car “DRIVER” and a Robert Kuok, the billionaire ? The point that I want to make is that they are all “stand alone” one is not the same as the other; each is only worth as much as he can achieve, and not because one is Malay and the other is Chinese. In a population of 28 million, a Malay is not beholden to another Malay nor is a Malay beholden to a Chinese, and that is because we are only responsible for ourselves. This therefore begs the question “ IT IS UMNO POLICY TO BENEFIT ALL MALAYS” but there are 23 million Malays and as I said earlier how will UMNO share Malay privileges among the Malays ? Even if there are 10,000 Malay scholarships given out per year, what about those Kampong Malays who have no political influence, how will UMNO reach out to them ? Therefore we have to ask the question, IS UMNO’s SPECIAL PRIVILEGES FOR THE MALAYS REALLY FOR THE ADVANCEMENT OF THE MALAYS ; or is it more in point for the preservation of UMNO and their power elite ? I argue that Malay special privileges is a construct of Mahatir’s to entrench his own megalomaniac power grab. I read 2 very well written articles in the Malaysian Insider.com, by Art Harun and the other by Muaz Omar “MAHATIR YOU ARE THE PROBLEM”; both articles are well argued, but what is more important is they are affirmation of Mao Tze Tung’s famous quote “TO CONQUER A CITY YOU NEED TO CONVINCE 2 BELIEVERS LIVING IN THAT CITY”. There is hope yet, because at last after 53 years of BLIND LEADING THE BLIND, we have at last 2 believers who can see that the KING WEARS NO CLOTHS AT ALL. It is not too flattering at all to Mahatir, that while he is still living to read comments from Malays who has seen through him, NOT AS SAVIOUR OF THE MALAYS BUT AS A TROUBLEMAKER !<br /><br />I always believe that better than to say a 1000 words, point a finger at a thriving example is the best argument. I ask the Malays, will you like Malaysia to remain backward and un-competitive or will you prefer a Malaysia that is like gleaming Singapore ? You do not have to answer me, just ask yourself and answer to yourself. The solution to Malaysia’s problem is outright reform and remove the SPECIAL PRIVILEGES POLICY OF DISCRIMINATION ! The discriminatory policy of the present UMNO government is all about the politics of remaining in power. UMNO has never in true spirit protected the rights of the Malays. I refer you to the article of Mr. Muaz Omar and his listing of the total and dismal failure of all the projects that were launched by Mahatir while he was in office (Rm100 billion) IN OLD MONEY and in today’s terms a couple of USA$ easily a couple of trillions, when you take into account lost earnings from that Rm.100 billions over the long haul; just off the top of my head, the 1st loss of a couple of Rm.billion was in that CRAZY LONDON TIN SPECULATION, a totally amateurish effort, a total ignorance of the operation of the workings of the “COMMODY EXCHANGE” AND TRADING ON THE FUTURES MARKET. Mamak Mahatir thought that since Malaysia at that time produced 75% of the world’s tin production, he cannot go wrong because he can always ‘deliver physical tin” that was what got his balls wrenched in a vise. Malaysia lost billion dollars or even more who knows ? Another glaring example was the loss of another billion or more dollars in the dealings with a Hong Kong’s notorious con-man,(forget his name) in short “the Perwaja” project. Anyway Mahatir’s many amateurish and frequent tilt at the windmills of world commerce ended with losses of Rm.100 billion and makes excellent reading of plain farce and for a belly full of laughs ! To sum it all, “MALAYSIA AT TIME OF INDEPENDENCE HAD EVERYTHING AND SINGAPORE HAD NOTHING; and today Singapore has everything and Malaysia is left “gaga”.<br /><br />However, depending on who you are, Malaysia can expect GOOD TIMES IN THE NEAR FUTURE ! It is said that the percentage of Chinese remaining in Malaysia in the year 2020 will drop to 14% of population and I will say that that is good news for UMNO; on the other side of politics, there is every chance that the government of Malaysia will fall into the hands of Pakatan Rakyat and Dato Seri Anwar will become the next Prime Minister and that will be good news for the PEOPLE OF MALAYSIA ! Good for UMNO equals bad for Pakatan Rakyat but good for Pakatan Rayat equals good for all the people ofYap Chong Yeehttp://www.blogger.com/profile/01049964149247000909noreply@blogger.com0tag:blogger.com,1999:blog-6857074560130705298.post-63949622065060373722010-01-19T23:41:00.000-08:002010-01-19T23:43:37.654-08:00COMPLAINT TO ADVOCATE & SOLICITOR DISCIPLINARY BOARDYap Chong Yee,<br />5a Prinsep Road,<br />Attadale, WA6156,<br />Western Australia<br />Email :yapchongyee@Gmail.com<br />Tel. (08)61613661<br /><br /><br /><br />20 January 2010<br /><br />Director of the Complaints Secretariat<br />Advocates & Solicitors Disciplinary Bar<br />9th & 10th Floor<br />Wisma Maran<br />Medan Pasar<br />50050 K. L.<br /><br />Dear Sir,<br /><br />Complaint Against Mr. David Hoh of M/s Lim & Hoh<br /><br />Respondent : Mr David Hoh<br />M/s Lim & Hoh,<br />8th Floor, Ming Building,<br />Jalan Bukit Nanas, Kuala Lumpur,<br /><br />Dear Sirs,<br /><br />Re: Originating Petition No. :D2-26-41 OF 2001 in the High Court at<br />Kuala Lumpur (COMM.DIV. )<br /><br />I am making formal complaint to the Advocate & Solicitors Discipliary Bar against my wife’s solicitors M/s Lim & Hoh, Solicitors for the Respondents, M/s Mathews & Co., representing 1st Respondents McLarens Saksama Sdn. Bhd., M/s Annad & Noraini, representing 2nd & 3rd respondents, and finally M/s Teh & Co. representing the rest 4th, 5th & 6th respondents.<br /><br />For the purpose of keeping my letter brief, I direct your good selves, SIR, to read the facts that are set out in my wife’s letter of complaint; except when facts that are known to me only, I will then set then out. The most important fact that by themselves would be sufficient to ground the criminal charges that I will set out below are the farcical act of Judge Zainon Binti Mohd. Ali to approve both (a)Order for security for costs of Rm.60,000 as security for costs and said sum was in fact paid in time and duly accepted by all 6 respondents (b) followed by Judge Zainon binti Mohd. Ali’s APPROVAL of a 2nd Order for striking out said Petition. WITHOUT A PRIOR APPLICATION & ORDER TO SET ASIDE THE 1ST ORDER FOR SECURITY FOR COSTS. My criminal charges against all the parties named therein, arise mainly based on this particular development. My case that they have committed these criminal offences is the fact that, the payment by my wife of said Rm.60,000 and the acceptance by all said 6 respondents FORMED A DE FACTO CONTRACT/AGREEMENT THAT ON RECEIPT OF SAID SECURITY FOR COSTS, RESPONDENTS WILL GO TO TRIAL. However, Judge Zainon binti Mohd. Ali in her illiterate ignorance of the LAW STRUCK OUT MY WIFE’S PETITION WHILE THE CONTRACT TO GO TO TRIAL IS STILL IN PLACE AND VERY MUCH ALIVE.<br />JUDGE ZAINON HAS NO IDEA THAT SHE CANNOT STRIKE OUT BECAUSE, THE FIRST PRINCIPLE OF COMMON LAW IS THAT A JUDGE CANNOT ENDORSE/AFFIRM AN ILLEGALITY; and the act of Stephen Lim (2nd respondent) in APPLYING TO STRIKE OUT PETITION WAS A BREACH OF CONTRACT/AGREEMENT because he is bound by the contract/agreement upon accepting my wife’s security for costs. JUDGE ZAINON THEREFORE HAS NO POWERS TO ENTERTAIN MR STEPHEN LIM’S APPLICATION FOR STRIKING OUT SAID PETITION. It is farcical that a Judge of the Malaysian Court of Appeal was so illiterate of the LAW that she acted in the way that she did and in so doing COMMITTED NUMEROUS CRIMINAL OFFENCES.<br /><br />I charge the above named respondents and their solicitors(including M/s Lim & Hoh) for acting in concert & in A CONSPIRACY led by the presiding judge Dato Zainon binti Mohd. Ali, to commit the following crimes :<br /><br />(1)TO PERVERT THE COURSE OF JUSTICE,<br />(2)ALL THE SOLICITORS NAMED ABOVE TOGETHER WITH THEIR CLIENTS (excluding said Petitioner of course)ABOVE AIDED AND ABETTED JUDGE DATO ZAINON BINTI MOHD. ALI TO ABUSE HER JUDICIAL POWERS WHILE SHE ADJUDICATED MY WIFE’S PETITION,<br />(3)ALL SAID SOLICITORS & THEIR CLIENTS(excluding Petitioner of course) LED BY THE PRO-ACTIVE PARTICIPATION OF JUDGE ZAINON TO FABRICATE EVIDENCE, TO COMMIT FORGERY OF MY WIFE’S SIGNATURE AND TO COMMIT PERJURY,<br />(4)ALL THE NAMED SOLICITORS & THEIR RESPECTIVE CLIENT RESPONDENTS (excluding Petitioner of course)LED BY THE PRO-ACTIVE PARTICIPATION OF JUDGE DATO ZAINON BINTI MOHD. ALI COMMITTED THE CRIMINAL OFFENCE OF STEALING MY WIFE’S RM.60,000 ON THE PRETENSE THAT SAID RM.60,000 WAS TO BE PAID INTO THE HANDS OF MR. DAVID HOH AND ONE OTHER SOLICITOR OF THE RESPONDENTS, TO BE HELD FOR THE PURPOSE OF DISBURSEMENT TOWARDS COSTS OF THE TRIAL, UNDER AN ORDER FOR SECURITY FOR COSTS, APPROVED BY JUDGE ZAINON BINTI MOHD. ALI.<br />THE SAID RESPONDENTS, THEIR SOLICITORS AND THE LEADERSHIP OF JUDGE DATO ZAINON HAD INTENDED ONLY TO ILLEGALLY RETAIN SAID RM.60,000 ALLEDGE UNDER JUDGE ZAINON TO BE FOR SECURITY FOR COSTS, WHEN IT WAS THEIR INTENTION TO RETAIN SAID RM60,000 ILLEGALLY AND FOR THEIR OWN USE.<br />(5)I CHARGE MY WIFE’S SOLICITORS, M/S LIM & HOH FOR COMMITTING CRIMINAL BREACH OF TRUST.<br />(6)I CHARGE JUDGE ZAINON BINTI MOHD. ALI FOR COMMITING THE COMMON LAW OFFENCE OF MALFEASANCE IN OFFICE.<br /><br />Finally, it remains for me to set out the facts that I rely to charge Judge Zainon for criminal conduct in the performance of her duties. At the first hearing of said petition, JUDGE ASKED MR DAVID TO ASK MY WIFE IF SHE WILL WITHDRAW HER APPLICATION TO CROSS EXAMINE THE AFFIDAVITS OF MR WONG KEM CHEN, MR STEPHEN LIM AND MR KWONG SEE YOON FOR PERJURY. Mr David Hoh conveyed Judge Zainon’s request to my wife, but advised my wife, correctly in this instance not to withdraw her application for leave to cross examine said respondents for perjury. My wife therefore refused Judge Zainon’s request to withdraw.<br />I believed that Judge Zainon in this instance had acted totally inappropriately by her request. I spoke to Dato Mokhtar Sidin, who was my classmate in University of Singapore, NOT TO INFLUENCE HIM IN ANYWAY, BUT MERELY TO HAVE SOMEBODY IN THE JUDICIARY KNOW OF THE INAPPROPRIATE CONDUCT OF JUDGE ZAINON WHEN HER CONDUCT DECOMES RELEVANT IN ANY PROSECUTION OF MY CHARGE AGAINST HER FOR ABUSE OF OFFICE. Dato Mokhtar Sidin advised me not to withdraw. We therefore refused Judge Zainon’s request to withdraw. However, I had, following the inappropriate behaviour of Judge Zainon, written to the then Chief Justice, Tun Fairoz of the inappropriate conduct of Judge Zainon and the events that developed deserve detail mention because from this event we can see the pro active participation of both Judge Zainon and Mr David Hoh in the conspiracy to pervert the course of justice.<br />Following the events that developed above, I went to KL but I did not want Mr David Hoh to know that I had come to KL. That was the day that I had written to Tun Fairoz complaining of the inappropriate conduct of Judge Zainon. I had personally HAND DELIVERED my letter of complaint to the office of Tun Fairoz., on the morning of my arrival in KL. I delivered the letter to Tun Fairoz’s office at 10 am on the day of my arrival. At 5pm of the same day I received a phone call from Mr David Hoh at my sister’s house where I stayed whenever I was in KL and that was my contact address for Mr David Hoh to reach me. He asked me to call at his office the next morning and I did. At this meeting, Mr David Hoh called Judge Zainon in my presence, but I was invited to “CHIT CHAT” with Mr Frank Hoh, WHILE DAVID SPOKE TO JUDGE ZAINON. I did not hear the conversation because I was ‘chit chatting” with Frank Hoh in another room in the office; and after a lapse of 1 hour, Mr David Hoh came into Mr Frank Hoh’s room and asked me to sign a letter which was I believe drafted by the joint effort of Judge Zainon binti Mohd. Ali and Mr David Hoh. I was told that the letter was an apology to Judge Zainon for mis-interpreting the request of Judge Zainon in asking my wife to withdraw her application. I told David Hoh that I will not read the contents of the letter but I will sign it anyway, but that when the letter becomes evidence I will relate the whole event without any reservations.<br />This incident sums up the whole sordid development, the full participation of an adjudicating judge, solicitors of Petitioner acting in concert and in conspiracy with lawyers representing all respondents and the judge acted criminally to rob my wife of her legal rights and money to the sum of Rm.60,000. In the list of annexed documents is the letter that Mr David Hoh complains to my wife that every time that I write and make public my expose’ of the criminal behaviour of Judge Zainon, he Mr David Hoh had to attend Judge Zainon’s chambers for a dressing down.<br />After 3 years of repeated postponements, I received a phone call from Mr David Hoh, who asked my consent to withdraw my wife’ application for leave to cross examine. He argued that since my wife had applied for leave to cross examine for perjury to counter the application for security for costs and now that Judge Zainon had approved respondents’ application without giving any consideration for our defense that respondents had lied in their supporting affidavits and hence VOID THEIR APPLICATION FOR SECURITY FOR COSTS; that was our intention, and Respondents had applied for security for costs of Rm.650,000 or thereabouts. Mr David Hoh told me that those postponements were because Judge Zainon had wanted us to withdraw our application to cross examine and since SECIRITY FOR COSTS HAD ALREADY BEEN GRANTED OUR APPLICATION HAS BECOME superseded and irrelevant; his exact words to convey his argument was “LETS CLEAR THE DECK” so as to get the trial going. I consented to his persuasion and agreed for him to withdraw our application to cross examine. On this issue again we see the illiteracy of Judge Zainon. She had pressured Mr David Hoh to get our consent to withdraw the application AS INDICATION THAT PETITION HAD NO CAUSE OF ACTION, because her judgment to support her strike out were only two words PETITIONER HAD “APPROBATED & REPROBATED”, but as I said the reason for the withdrawal was initiated by Judge Zainon and she had pressured Mr David Hoh to get our consent to withdraw. You are likely to say to me that this is my speculation, but I will say that all the evidence demonstrates this to be. However, as I have maintained at all times Judge Zainon is very weak in the LAW. Her Approbate and her Reprobate Judgment will only serve to hang her. All the earlier circumstances that I had recounted indicated in so many ways that Judge Zainon Binti Mohd. Ali had from the very beginning of the hearing of the case had only intended to strike out said Petition. She had pressured Mr David Hoh to obtain my apology for writing to the Chief Justice. The truth is Mr David had conveyed Judge Zainon’s request to withdraw; and therefore facts underlining the whole relationship between Judge Zainon and myself was one that challenged the authority of Judge Zainon and made her loose face and she wanted to punish me in every way possible. Little did she know that all her actions and the fact that she lashed onto our withdrawal as a fig leaf cover and for legal justification for striking out shows her ignorance. Her MALFEASANCE ARISE FROM her approving BOTH (1)ORDER FOR SECURITY FOR COSTS and (2)followed by her approval for striking out; it is sheer legal nonsense for the 2 orders to exist together because the existence of one opposes the existence of the other. JUDGE ZAINON BINTI MOHD. ALI HAD NO IDEA THAT THESE TWO ORDERS CANNOT EXIST TOGETHER. Therefore judge Zainon’s abuse of power lies in her approving the 2 orders, which had the force of negating both the orders because they cancelled out each other. BLOODY LAW ILLITERATE NONSENSE,<br />Zainon had PRESSURED POOR CASTERATED Mr David to persuade me to consent to the withdrawal of my wife’s application. I had consented to Mr David’s argument; however, my consent only goes to prove that Mr David Hoh was running with the hare and hunting with the hound. Mr David Hoh is the solicitor and Counsel and he has a professional duty to protect his client, AND WITHDRAWING HIS CLIENT’S APPLICATION IN NORMAL CIRCUMSTANCES WOULD EXPOSE his client’s case; BUT LUCKY FOR PETITIONER THE CRIMINAL BEHAVIOUR OF JUDGE ZAINON REALLY STRENGTHENED PETITIONER’S CASE BECAUSE THE FACTS INDICATE THAT THERE WAS A CRIMINAL CONSPIRACY TO PERVERT THE COURSE OF JUSTICE AND MORE AS SET OUT ABOVE.<br />I can see the reason why M/s Lim & Hoh has made themselves incommunicado; the facts prove the whole bunch of them acting and behaving as a gang of THUGS, AND THIEVES, JUDGE ZAINON INCLUDED AND INDEED SHE WAS THE FACILITATOR, and without the participation of Judge Zainon all these crimes cannot have taken place.<br />There are three issues that the Bar Council has to settle in this complaint :<br />(1)IS M/S LIM & HOH STILL ACTING FOR MY WIFE ?<br />(2)IF THEY ARE STILL ACTING FOR MY WIFE, “then will M/s Lim & Hoh withdraw their unauthorized filling of an appeal to remove that nonsense ORDER TO STRIKE OUT ? The proper cause of action is to apply to SET ASIDE THAT ILLITERATE ORDER TO STRIKE OUT BECAUSE THAT ORDER IS VOID FOR ILLEGALITY.<br />(3)WHAT HAS BECOME OF THE SECURITY FOR COSTS POSTED BY MY WIFE PURSUANT TO JUDGE ZAINON ORDER FOR SECURITY FOR COSTS. It is now 8 years or 9 years since my wife posted that Rm.60,000. Does Mr David Hoh even know that if ever there was any reason for the respondents to claim that security for costs, THEIR CLAIM IF NOT ALREADY PAID WILL NOW BE “time barred”; so the question is who has the money and where is the money. THIS ISSUE WILL GROUND MY CLAIM THAT JUDGE ZAINON AND HER MERRY MEN HAVE STOLEN THIS RM60,000 UNDER FALSE PRETENCES.<br />In the events that had been running for a period of 10 years almost, I can say without any reservations that the Chief Justice Tun Zaki Azmi does not want to know of my complaints that CHARGE JUDGE ZAINON WITH CRIMINAL CONDUCT; neither will Mr Justice Alluddin, Chief Judge of Malaya, neither will the A-G act to enforce the LAW which in any other jurisdiction in the former British Commonwealth, would mean the criminal prosecution of Judge Zainon binti Mohd. Ali and her gangster, thug co-conspirators, but not in Malaysia.Yap Chong Yeehttp://www.blogger.com/profile/01049964149247000909noreply@blogger.com0tag:blogger.com,1999:blog-6857074560130705298.post-17496579421061895502009-10-12T14:54:00.000-07:002009-10-12T14:58:44.760-07:00letter to Malaysian Chief Justice charging Judge Zainon with Criminal Conduct.File Petition Originating Petition No. D2-26-41 OF 2001 ;<br /><br /><br />Yap Chong Yee,<br />5a Prinsep Road, Attadale, WA. 6156<br />Email : yapchongyee@Gmail.com<br />Tel. (08)6161 3661<br />Date :13th October, 2009.<br /><br />To,<br />CHIEF JUSTICE,<br />MALAYSIA<br /><br />Dear Sir, Tan Sri Zaki Azmi, Chief Justice Malaysia<br /><br />Re : Originating Petition No. D2-26-41 OF 2001 ;<br />Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd<br /><br />I wish to file a report to you that Judge Dato Zainon binti Mohd. Ali of the Malaysian Court of Appeal has committed the following criminal offences arising from her action for simultaneously approving to the respondents in the above Originating Petition No. D2-26-41 of 2001; (1)she 1st approved respondents' application for security for costs and after my wife(petitioner) had paid her Rm.60,000 towards her order for security for costs, (2)Judge Zainon binti Mohd. Ali went on to further approve a 2nd order to respondent Stephen Lim for striking out my wife's petition even when no prior order for setting aside of the 1st order for security for costs had existed nor even applied at all..<br />This comedy of Judge Zainon's illiteracy of the LAW is astounding, but more important to me is that her ignorance of the law has caused my wife the loss of Rm.60,000 (now with interests will be more than Rm.80,000). I have set out my opinion why Judge Zainon's order for striking out of said petition IS ILLEGAL, UNLAWFUL and unenforceable !<br />The facts are simple; she first ORDERED that my wife provide security for costs of Rm.60,000 to be paid into the hands of respondents' solicitors; and upon payment of said Rm.60,000, respondents applied for order that my wife's petition be struck out for showing no cause of action, AND JUDGE ZAINON APPROVED IT EVEN WHEN WHEN THERE WAS NO ORDER TO SET ASIDE THE 1ST ORDER FOR SECURITY FOR COSTS nor was there ever any attempt made. to set aside the order for security for costs. This nonsense of judge Zainon having made 2 OPPOSING ORDERS IS, AND to say the least this double OPPOSING orders thrown at my wife is laughable.<br />It is my opinion that Judge Zainon had committed the offence of Malfeasance and she in the process also committed several other criminal offences such as conspiracy to pervert the course of justice, obtaining money under false pretences and many more which I will set out in this opinion.<br />I graduated in LAW from Uni of Singapore in 1967 and practised in KL until I & my family migrated to Australia in 1978. That Judge Zainon had approved 2 opposing interlocutory orders shows her utter ignorance of the law; but more comical than that is the fact that her ignorance relates to the fact that she does not understand the FUNCTION of an interlocutory application. She had abused her judicial powers and believed that she has the power to do whatever she liked even if what she had done constitutes NONSENSE ! The purpose of an order for striking out is to save abuse of the process, when it can be shown that Plaintiff's application will be futile and a waste of money. Therefore, the 1st application by respondents must be for an order for striking out, and if plaintiff can show that she has even a glimer of a cause of action, then IF THAT GLIMER IS SO REMOTE THAT JUDGE THINKS PLAINTIFF IS NOT LIKELY TO SUCCEED, then Judge will impose security for costs. Security for costs can also be imposed if Plaintiff resides abroad. It must be borne in mind that the application for striking out ALWAYS, INVARIABLY PRECEEDS THE APPLICATION FOR SECURITY FOR COSTS. In the case as it is here respondents 1st applied for security for costs in the sum of Rm.650,000 and Judge Zainon reduced that to the sum of Rm.60,000. This reduction by the Judge in the normal course, would indicate the judge's exercise of her judicial discretion, an indication in her BELIEF THAT PETITIONER HAS A CAUSE OF ACTION(read the WHITE BOOK on this issue). This is how a judge who acts professionally will do; but Judge Zainon INVERTED THE PROCESS SO THAT MY WIFE WILL PAY HER RM.60,000 AND THEN JUDGE ZAINON PROCEEDED TO punish my wife with a 2nd LASH OF HER WHIP ! THE ACTIONS OF JUDGE ZAINON IS IN REVENGE FOR MY REPORTING HER TO THE THEN CHIEF JUSTICE TUN FAIROZ. I reported Zainon to Tun Fairoz for IMPROPERLY ASKING MY WIFE TO WITHDRAW THROUGH MY WIFE'S COUNSEL MR. DAVID HOH. It is cclear that Judge Zainon wanted my wife to loose her Rm.60,000 (now Rm.80,000) for my actions.<br />My Submission Why Zainon's Order for striking out is illegal, unlawful and unenforceable, I will set my arguements in point form :<br />(a)Judge Zainon made my wife pay her security for costs into the hands of respondents' solicitor and my wife's solicitor in a JOINT BANK ACCOUNT AT 5% INTERESTS. Therefore, this joint account becomes a joint trust account, and the joint holders of this trust account hold this joint account on the basis of the order for security for costs.<br />(b)The order for security for costs in its very nature dictates that any payment out of this joint account must be in compliance to an order fo costs. The dictum for costs is "COSTS FOLLOWS TRIAL". If there is no trial there cannot be any costs, because an order for striking out for showing no cause of action means exactly that,"THAT THERE IS NO ISSUE TO GO BEFORE THE JUDGE" and therefore there cannot be a trial. That being the case respondents cannot in any generate a bill of costs to be taxed and that follows that there can be no ORDER FOR COSTS.<br />(c)Judge Zainon's order for striking out is 'in terms" I suppose that means 'STRIKING OUT WITH COSTS"; but as I argued earlier, Striking out cannot generate "COSTS" since there is no issue to go before the judge. Having said that, Zainon's costs component of her ORDER TO STRIKE OUT cannot be set off against my wife's Rm.60,000 (now Rm.80,000)security for costs BECAUSE THERE IS NO TRIAL !<br />(d)Taking my submission a step further, WHAT IF JUDGE ZAINON SAYS HER ORDER FOR STRIKING OUT HAS NO COSTS COMPONENT ? If Judge Zainon advances this arguement, HER CRIMINALITY IS EVEN MORE OBVIOUS, because since THERE IS NO COSTS COMPONENT TO HER STRIKING OUT ORDER, THEN WHAT JUSTIFICATION IN LAW ALLOWS JUDGE ZAINON AND HER GANG OF THIEVES TO KEEP MY WIFE'S SECURITY FOR COSTS ?<br />(e)It is farcically & hilariously obvious to me that Judge Zainon is also a LAW ILLITERATE, because by my wife's payment of her Rm.60,000 towards security for costs and the acceptance by all respondents, this COMPLETES A CONTRACT( said Rm.60,000 beig the consideration accepted BY PETITIONER, RESPONDENTS AND WITH JUDGE ZAINON AS THE ARBITRATOR (she having set the quantum at Rm.60,000 as the security for costs). This is a binding CONTRACT; and judge Zainon had aidded & abetted respondent Stephen Lim to breach this contract. This is not merely a matter in procedural law BUT IS ALSO AN ISSUE IN THE LAW OF CONTRACT AND JUDGE ZAINON, & ALL THE RESPONDENTS HAD PRO-ACTIVELY CONSPIRED TO BREACH THE CONTRACT; that upon payment of security for costs, the petition will be tried in open court. Is it not disgraceful that all the lawyers on both sides of the case and JUDGE OF THE MALAYSIAN COURT OF APPEAL do not see this issue ? Do you people in Malaysia really know the ENGLISH COMMON LAW ?<br />CRIMINAL CONDUCT OF JUDGE ZAINON AND HER ACCOMPLICES !<br />Dear Tun Azmi, please bear in mind that Judges do not make LAWS and by aiding and abetting the criminal actions of the Respondents, their lawyers and my wife.s solicitors(M/s Lim & Hoh) to rob my wife of the sum of Rm.60,000(now more than Rm.80,000) Judge Zainon cannot ligitimize the criminality of all said parties because of the pro-active participation of Judge Zainon herself; she is by her actions become herself a criminal and a full co-conspirator in PERVERTING THE COURSE OF JUSTICE AND THE LAW. The Irony of Judge Zainon's order to strike out in fact confirms her part as co-conspirator in this criminal enterprise to pervert the course of justice, conspiracy to conceal the perpetration of several crimes, eg, aiding & abetting Perjury& forgery, fabrication of evidence (a judge of the Malaysian Court of Appeal participating in such a shameful crime). Let me ask you Dear Chief Justice, NOW THAT THE 2ND ORDER FOR STRIKING OUT EXIST, AND THE RM60,000 IN THE HANDS OF RESPONDENTS AS COSTS (held by respndents for a full 8 years), by what law gives respondents and judge Zainon the justification to LAWFULLY HOLD SAID RM60,000 ? My opinion is that the Rm.60,000 has become THE PROCEEDS OF THE CRIME OF OBTAINING MONEY UNDER FALSE PRETENCES. Pray do explain how Judge Zainon CAN LAWFULLY AND LEGALLY disburse the paid up security for costs that she ordered WITHOUT A TRIAL. What could be claimed "as costs to prove WHAT ?". COSTS FOLLOW TRIAL".<br /><br />Sincerely,<br /><br />Yap Chong Yee<br /><br />Note : I have pasted below copy of my letter of complaint to president & Secretary of Malaysian Bar.<br /><br />Yap Chong Yee,<br />5a Prinsep Road, Attadale, WA. 6156<br />Email : yapchongyee@Gmail.com<br />Tel. (08)6161 3661<br />Date :9 Sept., 2009<br /><br />To,<br />President & Secretary of Malaysian Bar Council,<br /><br />Dear Sirs !<br /><br /><br />Re : Originating Petition No. D2-26-41 OF 2001 ;<br />Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd<br /><br />I refer to my letter dated 9th Sept., 2009, to President & Secretary of Malaysian Bar Council, wherein I filed compalint against M/s Lim & Hoh, relating to their less than professional conduct in their dealings in the matter of the above said Originating Petition No. D2-26-41 of 2001, wherein M/s Lim & Hoh acted for my wife (Petitioner)as her solicitor and in particular, Mr David Hoh who was my wife's counsel.<br /><br />I enclose the following letters as forming part and parcel of this letter and their contents are obvious and self evident, (a) letter from my wife, Lim Choi Yin instructing M.s Lim & Hoh as their client to withdraw the ineffectual and meaningless APPEAL AGAINST JUDGE ZAINON'S ILLEGAL & UNLAWFUL ORDER TO STRIKE OUT MY WIFE'S PETITION (b)My WRITTEN OPINION to M/s Lim & Hoh, setting out my reasons why the striking out order that was approved to respondent, Stephen Lim Cheng Ban is void, ineffectual and unenforceable ! (c) I also enclose copy of letter written by Mr Frank Hoh in reply to my first letter to you and Secretary OF MALAYSIAN BAR.<br /><br />I am still at a lost, after reading Mr Frank Hoh's letter whether, M/s Lim & Hoh is still acting for my wife; however, My wife had instructed her solicitors TO REMOVE SAID APPEAL, AND TO FORTHWITH APPLY TO SET ASIDE ZAINON'S USELESS ORDER FOR STRIKING OUT PETITION AND TO SEND TO PETITIONER A COPY OF (1)ORDER FOR SECURITY FOR COSTS (2) ORDER FOR STRIKING OUT. We still have not seen those 2 opposing orders as at this date; therefore I would like to ask M/s Lim & Hoh to show us the order for striking out; WAS THERE IN FACT 2 opposing ORDERS or was that Mr David's idea of a joke ?<br /><br />The contents of this letter will be sent to the following PERSONS :<br />(a)CHIEF JUSTICE, MALAYSIA,<br />(B)CHIEF JUDGE OF MALAYA (JUSTICE AMALUDDIN)<br />(3)JUDGE DATO MOHD. RAUS SHARIFF,<br />(4)SOLICITORS FOR ALL RESPONDENTS,<br />(5LETTER-FAX TO 68 JUDGES, PROSECUTORS AND MEMBERS OF LEGAL FRATERNITY.<br />(6)to the media !<br /><br />My complaint to the Malaysian Bar is not merely relating to the misconduct of M/s Lim & Hoh but is of a more serious nature than that. I charge all the parties and ALL the lawyers, on both sides, M/s Mathews(for 1st respondent, represented by Company Secretary, Mr Kwong Sea Yoon), Annad & Noraini (for Stephen Lim and Wong Kem Chen). M/s Teh & Co. solicitors for all the other respondents including Mr Harris bin Tun Hussein Onn.<br /><br />This comical situation has arisen because Judge Zainon binti Mohd. Ali had mistakenly and arrogantly believed that, she being a High Court Judge, can act with impunity and unaccountable to anyone and hence she is empowered to abuse her judicial powers at will; I am dedicating the rest of my few years left to me to BRING JUDGE ZAINON TO JUSTICE. The reason why Malaysia is lawless is because of irresposible judges like Zainon, who lacked maturity and devoid of professional ethics AND DISGRACEFULLY ILLITERATE OF THE LAW.<br /><br />Judge Zainon took umbrage for my formal complaint to the then Chief Justice, Tun Faroz of the "V.K.lingam TAPES" notoreity ! The details are recounted in my blog at http:yapchongyee.blogspot.com. Judge asked my wife to withdraw my wife's application to cross examine respondents, Mr Kwong Sea Yoon, Wong Kem Chen and Mr Stephen Lim Cheng Ban for PERJURY. My wife refused to withdraw and I cmplained to Chief Justice Tun Fairoz of her misconduct, but as everything that goes on in Malaysia, this grossly improper conduct committed by a Judge of the High Court was glossed over; and Judge Zainon was allowed to go on to perpetrate MORE SERIOUS CRIMINAL OFFENCES. Judge Zainon is a criminal; and it is my life's work to bring her to justice. True if this situation had taken place in Singapore, all these miscreants will go straight to jail including Judge Zainon; but in Malaysia, IT IS THE INNOCENTS AND WHISTLE BLOWERS WHO ARE PUT IN JAIL WHILE CRIMINALS LIKE JUDGE ZAINOON ARE ALLOWED TO ROAM FREE TO CORRUPT THE NATION'S JUDICIAL AND LEGAL SYSTEM.<br /><br />I tried to retain a good Malay Lawyer to prosecute Judge Zainon for her criminal behaviour and criminal actions but no MALAY LAWYER WHO IS BRIEFED ON MY CASE WILL EVEN SO MUCH AS TALK TO ME ON THE PHONE. Raja Aziz says he is retiring, Art Harun ran away, and Zainal Abiddin is perpetually in CONFERENCE, Mr Gobin Singh Deo, gave me the run around(called him 9 times, but each time to call back later). I do not think any lawyer will have the balls to prosecute Judge Zainon. In these circumstances I will set out in detail what I want to charge this bunch of criminals and thugs with having committed UNDER THE DIRECTIONS AND LEADERSHIP OF JUDGE ZAINON, and I maintain that it is only because of the protection provided by Judge Zainon as the High Court Judge who has CHARGE OF THE COURT PROCESS OF MY WIFE'S PETITION that she had been able to PERPETRATE A CONSPIRACY PRO-ACTIVELY PARTICIPATED BY ALL THE PARTIES, RESPONDENTS, JUDGE ZAINON AND ALL THE LAWYERS REPRESENTING ALL THE LITIGANTS INCLUDING MY WIFE'S COUNSEL, MR DAVID WHO WERE EMBOLDENED BY THE PROTETION OF JUDGE ZAINON TO COMMIT THE CRIMINAL OFFENCES THAT I HAVE RECOUNTED ABOVE.<br /><br />I SAY TO THE ATTORNEY GENERAL, THE CHIEF JUSTICE AND ALL THE LAW OFFICERS AND JUDGES WHO HAVE RECEIVED MY LETTER-FAX; THAT IF YOU HAVE ANY BALLS, YOU WILL HAVE SUFFICIENT SELF RESPECT TO CHARGE ME FOR SEDITION OR CRIMINAL DEFAMATION. I give to you all, my assurance that if you will charge me under the Penal Code and not detain me under the ISA, I will come at my own expense to defend myself in KL.<br /><br />Today is 13th of Oct., 2009 and I have allowed a lapse of about 4 weeks since my wife last wrote to Mr Frank Hoh and obtained from Mr Frank Hoh indication that M/s Lim & Hoh still acts for her; whereupon my wife gave the following instructions to Mr Frank Hoh :<br />(a)to REMOVE THE APPEAL FILED BY M/S LIM & HOH AGAINST JUDGE ZAINON'S NONSENSE, ILLEGAL AND UNLAWFUL ORDER TO STRIKE, while Petitioner had already paid up the whole of Rm.60,000 (now Rm.80,000 with interests)<br />(b)forthwith apply for the setting aside of that illiterate nonsense order approved by Judge Zainon to STRIKE OUT PETITION, while the order for security for costs had been duly COMPLIED WITH IN EVERY WAY.<br />(3)make available to Petitioner the two nonsense, illegal, illiterate and unlawful OPPOSING ORDERS FOR SECURITY FOR COSTS & ORDER FOR STRIKING OUT !<br /><br />To date of this letter there has been complete silence from M/s Lim & Hoh. I write to the Malaysian Bar Council because the complete silence from M/s Lim & Hoh CONSTITUTES HOLDING PETITIONER HOSTAGE AND FOR LIM & HOH ACTING AGAINST INTRUCTIONS. My wife's letter in response to the letter of Mr Frank Hoh tells it all very plainly, that they hald up proceedings in the progress of said petition for 2 and a half years by holding themselves incommunicadoe. My wife will write to M/s Lim & Hoh that their silence to her instructions for the period of the month constitutes a UNILATERAL DISCHARGE by M/s Lim & Hoh of their retainer to represent Petitioner as her solicitors and counsel.<br /><br />The silence of M/s Lim & Hoh begs the following questions :<br />(a)has M/s Lim & hoh kept for themselves and had criminally converted Rm.60,000 for their own use ? And that they had not paid said Rm.60,000 towards the approved security for costs that M/s Lim & Hoh informed us that Judge Zainon had approved to respondents; hence this is the reason for Judge Zainon approving the order for striking out of the petition.<br />(b)that there was no order for security for costs approved to respondents. That Judge Zainon had only approved an order for striking, and that M/s Lim & Hoh had criminally OBTAINED MY WIFE'S RM.60,000 under false pretences;<br />(c)did Judge Zainnon in conspiracy with all the parties, all respondents, all the lawyers and Judge Zainon ENTICED my wife to give up Rm.60,000, thinking that she will have the right for a trial of the issues of her petition UNDER A PRETEND ORDER FOR SECURITY FOR COSTS, and instead kept said Rm.60,000 because PAYMENT OF SECURITY FOR COSTS MEANS THAT A TRIAL IS TO FOLLOW AS A MATTER OF COURSE; but in my wife's case the petition was instead struck off; this makes no sense and is unprovided for by the law. To date we only have the verbal representation of what has gone on from M/s Lim & Hoh but to more meaningful questions and when asked for evidence (such as the court orders approved by Judge Zainon)M/s Lim & Hoh hold themselves INCOMMUNICADOE ! Is this evidence of criminal behaviour on the paart of M/s Lim & Hoh ?<br /><br />To the Malaysian Bar Council, on the questions raised above, they are issues of professional ETHICS, and I have to emphasize that M/s Lim & Hoh, as Petitioner's SOLICITORS HAS NO JUSTIFICATION FOR HOLDING their CLIENT HOSTAGE. The conducts of Judge Zainon, all the parties that I have named above CONSTITUTES THUGGISH CRIMINAL BEHAVIOUR, AND IT IS ONLY RIGHT THAT THEY BE PROSECUTED AS CRIMINALS.<br /><br />I SAY TO THE PRESIDENT & SECRETARY OF MALAYSIAN BAR THAT YOU NEED TO RESPOND TO MY OFFICIAL COMPLAINT. This is the way official matters are dealt with in the civilized world.<br /><br /><br /><br />Sincerely,<br /><br />yapchongyee<br /><br />Note : I will be writing to the Chief Justice, Tan Sri Zaki Azmi and will send to you a copy of the letter within the next couple of days.<br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br />Yap Choi Yin<br />5a Prinsep Road, Attadale,<br />Western Australia, 6156,<br /><br />To, M/s Lim & Hoh,<br /><br />Dear Sirs !<br /><br />Re: Re : Originating Petition No. D2-26-41 OF 2001 ;<br />Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd<br /><br />The content of your letter is most surprising to me, considering that my husband has been dealing with all matters relating to my said Petition against M/s McLarens Saksama Sdn. Bhd. However, there is no need to split hairs, but I need to make respond to your letter on these<br />issues :<br /><br />(1)did you withdraw my application to cross examine respondents, (a)Mr. Stephen Cheng Ban,<br />(b)Mr. Wong Kem Chen (c)Mr Kwong Sea Yoon(representing M/s McLarens)as their company Secretary ?<br /><br />(2)Did you not by letter inform me that every time my husband writes to the Chief Justice, or to the public at large by letter-fax, either insulting Dato Zainon binti Mohd. Ali or complaining to the Chief Justice, of the conduct of Judge Zainon binti Mohd. Ali the latter (Dato Zainon) would haul up Mr David for chastisement; at this point, will you confirm that Mr David's withdrawal of my application for leave to cross examine said 3 respondents mentioned above, on the contents of their supporting affidavits ANNEXED TO THEIR RESPECTIVE APPLICATIONS FOR SECURITY FOR COSTS, was not withdrawned as a consequence of pressure applied by Dato Zainon ?<br />I want to confirm that my husband had admitted to me that he had consented to Mr David's suggestion that we withdraw my application to cross examine said Respondents( BY THE WORDS OF MR DAVID, "TO CLEAR THE DECKS") mentioned above, because Mr David believes that the continued existence of my application to cross examine said respondents is the cause of Judge Zainon's persistent and continued postponement of the hearing of my petition for over a period of at least 2 years, FROM THE DATE OF MY PAYMENT OF RM.60,000 PURSUANT TO THE ORDER FOR SECURITY FOR COSTS, APPROVED BY JUDGE ZAINON and for no reason at all since the respondents nor I as petitioner had ever asked for any postponements. Let it be said that although my husband had endorsed Mr David's action to withdraw my application, he (Mr David) must realise that he is my counsel and not my husband, who has not practised law for 40 years. Mr David holds total professional responsibility for his actions relating to the conduct of my petition.<br /><br />(2)now that by your letter, dated 7 Sept., 2009, received this morning, I AM TO UNDERSTAND THAT YOU STILL ACT FOR ME, AND I ACCEPT and wish to thank you very much for your kindness and I wish to confirm that you are still acting for me on the terms, endorsed by me "as the contractual terms of our retainer" on the back of the copy of my petition and kept by you as evidence of the basis of our retainer.<br /><br />(3)I now instruct you as my solicitors TO WITHDRAW THE APPEAL THAT HAS BEEN FILED BY YOUR FIRM ON MY BEHALF WITH IMMEDIATE EFFECT; and to instead apply to set aside the ORDER FOR STRIKING OUT OF MY PETITION. My husband has written an opinion that Judge ZAINON'S order for striking out of my petition is illegal and unlawful. I enclose a copy for your consideration. You are free as my solicitors to accept his opinion or dismiss it as you wish. However, my husband had spoken to Dato Mohd. Raus Sharrif, on the comedy of Judge Zainon's APPROVAL of 2 opposing orders for security for costs and even without so much as an order to set aside said order for security for costs WENT ON TO APPROVE AN ORDER FOR STRIKING OUT.<br />Dato Mohd. Raus Shariff had asked me to apply for the setting aside of Zainon's Order for striking, but I told him that Dato Zainon may have put in place A DETENTION ORDER UNDER THE ISA and that I will be detained and my effort will be in vain; Dato Mohd. Raus. Shariff, then suggested that I ask our solicitors M/s Lim & Hoh to go see him; BUT WHEN ATTEMPTS WERE MADE BY MY HUSBAND TO CONTACT M/S LIM & HOH, my husband was kept incommunicado.<br /><br />It is good and I thank you that you have stated that you "act and will only take instructions from me", so by that acknowledgement, please do act according to my instructions UNLESS YOU HAVE STATED REASONS WHY MY INSTRUCTIONS WILL NOT produce the best legal out-come for my case; in which case please write to me and state your objections.<br /><br />I wish to say to Mr Frank Hoh that my husband bear him no ill will. My husband find the pervertion of the course of justice abhorrent, and will not shrink from pursuing JUSTICE ACCORDING TO LAW. I say to Mr Frank Hoh, WHAT HAS JOE YAP DONE TO YOU. You can write to me and we will publish it to the public at large by letter-fax, EXACTLY AS YOU WILL WRITE IT.<br /><br />Please be kind enough to send to me copy each of (1) SECURITY FOR COSTS, (2) ORDER FOR STRIKING OUT OF PETITION.<br /><br />Yap Choi Yin,<br /><br /><br /><br /><br />Copy to President Malaysian Bar,Yap Chong Yeehttp://www.blogger.com/profile/01049964149247000909noreply@blogger.com1tag:blogger.com,1999:blog-6857074560130705298.post-60599861873089864202009-09-19T23:44:00.000-07:002009-09-19T23:46:16.623-07:00LETTER FROM YAPCHONGYEE TO PRESIDENT & SECRETARY MALAYSIAN BAR COUNCILYap Chong Yee,<br />5a Prinsep Road, Attadale, WA. 6156<br />Email : yapchongyee@Gmail.com<br />Tel. (08)6161 3661<br />Date :9 Sept., 2009<br />To,<br />President & Secretary of Malaysian Bar Council,<br />Dear Sirs !<br /> <br />Re : Originating Petition No. D2-26-41 OF 2001 ;<br />Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd<br />I refer to my letter dated 9th Sept., 2009, to President & Secretary of Malaysian Bar Council, wherein I filed compalint against M/s Lim & Hoh, relating to their less than professional conduct in their dealing in the matter of the above said Originating Petition No. D2-26-41 of 2001, wherein M/s Lim & Hoh acted for my wife (Petitioner)as her solicitor and in particular, Mr David Hoh who was my wife's counsel.<br />I enclose the following letters as forming part and parcel of this letter and their contents are obvious and self evident, (a) letter from my wife, Lim Choi Yin instructing M.s Lim & Hoh as their client to withdraw the ineffectual and meaningless APPEAL AGAINST JUDGE ZAINON'S ILLEGAL & UNLAWFUL ORDER TO STRIKE OUT MY WIFE'S PETITION (b)My WRITTEN OPINION to M/s Lim & Hoh, setting out my reasons why the striking out order that was approved to respondent, Stephen Lim Cheng Ban is void, ineffectual and unenforceable ! (c) I also enclose copy of letter written by Mr Frank Hoh in reply to my first letter to you and Secretary OF MALAYSIAN BAR.<br />I am still at a lost, after reading Mr Frank Hoh's letter whether, M/s Lim & Hoh is still acting for my wife; however, My wife had instructed her solicitors TO REMOVE SAID APPEAL, AND TO FORWITH APPLY TO SET ASIDE ZAINON'S USELESS ORDER FOR STRIKING OUT PETITION AND TO SEND TO HER COPY OF (1)ORDER FOR SECURITY FOR COSTS (2) ORDER FOR STRIKING OUT. We still have not seen those 2 opposing orders as at this date; therefore I would like to ask M/s Lim & Hoh to show us the order for striking out; WAS THERE IN FACT 2 fucking opposing ORDERS or was that Mr David's idea of a joke ?<br />The contents of this letter will be sent to the following PERSONS :<br />(a)CHIEF JUSTICE, MALAYSIA,<br />(B)CHIEF JUDGE OF MALAYA (JUSTICE AMALUDDIN)<br />(3)JUDGE DATO MOHD. RAUS SHARIFF,<br />(4)SOLICITORS FOR ALL RESPONDENTS,<br />(5LETTER-FAX TO 68 JUDGES, PROSECUTORS AND MEMBERS OF LEGAL FRATERNITY.<br />(6)to the media !<br />My complaint to the Malaysian Bar is not merely relating to the misconduct of M/s Lim & Hoh but is of a more serious nature than that. I charge all the parties and ALL the lawyers, on both sides, M/s Mathews(for 1st respondent, represented by Company Secretary, Mr Kwong Sea Yoon), Annad & Noraini (for Stephen Lim and Wong Kem Chen). M/s Teh & Co. solicitors for all the other respondents including Mr Harris bin Tun Hussein Onn.<br />This comical situation has arisen because Judge Zainon binti Mohd. Ali had mistakenly and arrogantly believed that, she being a High Court Judge, can act with impunity and unaccountable to anyone and hence she is empowered to abuse her judicial powers at will; I am dedicating the rest of my few years left to me to BRING JUDGE ZAINON TO JUSTICE. The reason why Malaysia is lawless is because of irresposible judges like Zainon, who lacked maturity and devoid of professional ethics.<br />Judge Zainon took umbrage for my formal complaint to the then Chief Justice, Tun Faroz of the "V.K.lingam TAPES" notoreity ! The details are recounted in my blog at http:yapchongyee.blogspot.com. Judge asked my wife to withdraw my wife's application to cross examine respondents, Mr Kwong Sea Yoon, Wong Kem Chen and Mr Stephen Lim Cheng Ban for PERJURY. My wife refused to with draw and I cmplained to Chief Justice Tun Faroz of her misconduct, but as everything that goes on in Malaysia, this grossly improper conduct committed by a Judge of the High Court was glossed over; and Judge Zainon was allowed to go on to perpetrate MORE SERIOUS CRIMINAL OFFENCES. judge Zainon is a criminal; and it is my life's work to bring her to justice. True if this situation had taken place in Singapore, all these miscreants will go straight to jail including Judge Zainon; but in Malaysia, IT IS THE INNOCENTS AND WHISTLE BLOWERS WHO ARE PUT IN JAIL WHILE CRIMINALS LIKE JUDGE ZAINOON ARE ALLOWED TO ROAM FREE TO CORRUPT THE NATION'S JUDICIAL AND LEGAL SYSTEM.<br />I tried to retain a good Malay Lawyer to prosecute Judge Zainon for her criminal behaviour and criminal actions but no MALAY LAWYER WHO IS BRIEFED ON MY CASE WILL EVEN SO MUCH AS TALK TO ME ON THE PHONE. Raja Aziz says he is retiring, Art Harun ran away, and Zainal Abiddin is perpetually in CONFERENCE, Mr Gobin Singh Deo, gave me the run around(called him 9 times, but each time to call back later). I do not think any lawyer will have the balls to prosecute Judge Zainon. In these circumstances I will set out in detail what I want to charge this bunch of criminals and thugs with having committed UNDER THE DIRECTIONS AND LEADERSHIP OF JUDGE ZAINON, and I maintain that it is only because of the protection provided by Judge Zainon as the High Court Judge who has CHARGE OF THE COURT PROCESS OF MY WIFE'S PETITION that she had been able to PERPETRATE A CONSPIRACY PRO-ACTIVELY PARTICIPATED BY ALL THE PARTIES, RESPONDENTS, JUDGE ZAINON AND ALL THE LAWYERS REPRESENTING ALL THE LITIGANTS INCLUDING MY WIFE'S COUNSEL, MR DAVID WHO WERE EMBOLDENED BY THE PROTETION OF JUDGE ZAINON TO COMMIT THE CRIMINAL OFFENCES THAT I HAVE RECOUNTED ABOVE.<br />I SAY TO THE ATTORNEY GENERAL, THE CHIEF JUSTICE AND ALL THE LAW OFFICERS AND JUDGES WHO HAVE RECEIVED MY LETTER-FAX; THAT IF YOU HAVE ANY BALLS, YOU WILL HAVE SUFFICIENT SELF RESPECT TO CHARGE ME FOR SEDITION OR CRIMINAL DEFAMATION. I give to you all my assurance that if you will charge me under the Penal Code and under that fucking NONSENSE OF ISA SHIT ! I will come at my own expense to defend myself in KL.<br /> <br />Sincerely,<br />yapchongyee<br /> <br /> <br /> <br /> <br /> <br /> <br /> Yap Chong Yeehttp://www.blogger.com/profile/01049964149247000909noreply@blogger.com0tag:blogger.com,1999:blog-6857074560130705298.post-35167322483830365522009-09-19T21:59:00.000-07:002009-09-19T22:01:54.835-07:00Letter from Yapchongyee to President & Secretary of Malaysian Bar CouncilYap Chong Yee,<br />5a Prinsep Road, Attadale, WA. 6156<br />Email : yapchongyee@Gmail.com<br />Tel. (08)6161 3661<br />Date :9 Sept., 2009<br />Letter to President & Secretary of Malaysian Bar Council<br /> <br />Re : Originating Petition No. D2-26-41 OF 2001 ;<br />Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd<br />Dear Sirs,<br />I believe my earlier letter to President, Secretary and members of Malaysian Bar and sent by Email had ONLY HALF of my letter because of a glitch in my computer at the time when I Emailed the letter; however, I am now Emailing the redrafted letter of the earlier letter.<br />I am making a complaint charging Mr David Hoh of M/s Lim and Hoh for Professional misconduct. Mr David Hoh acted as Counsel for my wife in her Petition cited above, Trouble began when Judge Zainon asked Mr. David Hoh to enquire off my wife if my wife would agree to withdraw my wife's application to cross examine, Respondents, Mr Kwong Sea Yoon, Wong Kem Chen and Mr Stephen Lim Cheng Banfor perjury. My wife had applied for leave to cross examine these parties for PERJURY, annexing to her application police reports that I had made at the Balai Polis, Jln.TUN HS Lee.. I instructed Mr David Hoh not to withdraw the application to cross examine. I discussed Judge Zainon binti Mohd. Ali's IMPROPER CONDUCT WITH JUDGE MOKHTAR SIDIN (prior to his retirement) because I wanted someone with credibility to know of the misconduct of Judge Zainon. Inspite of our refusal to withdraw to accommodate Judge Zainon's criminal interference in the court process of said Petition, JUDGE ZAINON went on to approve Respondents application.<br />My complaint against Mr David Hoh are the following :<br />(a)Mr David Hoh has over 2 and a 1/2 year consistently REFUSED TO RESPOND to our many attempts to communicate with him (by all means). He has refused to state his position vis-a-vis his continued retainer as our solicitor or Counsel. He has refused to respond to our request to surrender the file of said Petition IF HE HAS DISCHARGED HIMSELF.<br />(b)He filed an appeal against my instructions. I had instructed him to apply to set aside the illegal & unlawful order made by Judge Zainon INSTEAD OF A USELESS APPEAL. Only a LAW illiterate in the circumstances would appeal against an illegal & unlawful order. Judge Zainon had ABUSED HER POWERS BY APPROVING 2 FUCKING OPPOSING ORDERS; therefore, begs the question, NOW THAT THE ORDER TO STRIKE OUT HAS TAKEN EFFECT, what is to become of the order for security for costs, which my wife had complied by payment of Rm.60,000 ? Considering that Petition having been struck out, THE FUCKING TRIAL NEVER BEGAN, therefore where is the costs; and by the same token, Respondents are now holding money OBTAINED UNDER FALSE PRETENCES, and Mr David is one of the "trustee" of the joint A/c holding money obtained under false pretences; the Rm.60,000 plus Rm.20,000 paind by my wife towards SECURITY FOR COSTS.<br />(c)What is the justification for Mr David Hoh to hold on to the file HAVING DE FACTO DISCHARGED HIMSELF BY REFUSING TO RESPOND TO OUR ATTEMPTS TO COMMUNICATE WITH HIM PROFESSIONALLY ? NOTE :I will paste below two letters, whose contents are self evident in the context of my official complaints, (1) by my daughter Yap Ai-Mei and power of attorney of Petitioner (2) Letter to Mr SF Leow.<br />I had discussed my problem with Dato Mohd. Raus and he had suggested that my solicitors take the matter up on appeal; I said that Mr David Hoh, my wife's counsel had already done that, AGAINST MY INSTRUCTION NOT TO APPEAL . I said that this was wrong because IF THERE IS ANY APPEAL IT SHOULD HAVE BEEN RESPONDENTS WHO SHOULD APPEAL, because it was respondent, Mr Stephen Lim Cheng Ban, HAVING ACCEPTED HIS SHARE OF SECURITY FOR COSTS, WENT ON TO APPLY TO STRIKE OUT; and of all the IMPROBABLE INSANITY, judge Zainon binti Mohd. Ali APPROVED Stephen Lim Cheng Ban's application to strike out even before any application to set aside the earlier ORDER FOR SECURITY FOR COSTS WAS MADE OR EVER MADE. Such is the law illiteracy of Judge Zainon.<br />THIS NONSENSE perpetrated by Judge Zainon has now created, A FARCE, and a Malaysian Judicial precedent (being a high Court decision) that if a litigant who is dissatisfied or unhappy with the High Court's award of the quantum for security for costs, CAN PROCEED TO OBTAIN A 2ND ORDER FOR STRIKING OUT FOR SHOWING NO CAUSE OF ACTION; that being the case, there are now 2 opposing orders being (a) order for security for costs and Petitioner having paid Rm.60,000 pursuant to order for security for costs (b) Order to strike out said Petition; BOTH ORDERS ARE LIVE ORDERS AS THEY NOW STAND. Quite apart from such a "belly aching farce" as perpetrated by Judge Zainon arising from her obvious LAW ILLITERACY, her actions DISPLAY a total absence of both common sense and a total absense of logic. Judge Zainon has the common sense to think that it is both feasible TO FUCKING HAVE TO CAKE AND EAT IT TOO.<br />Judge Zainon being a Judge serving on the Bench of the Court of Appeal, and displaying such a disgraceful absense of any learning of the LAW, has made the Malaysian Judiciary, the laughing stock of all of English Common Law jurisdictions in the world. Judge Zainon binti Mohd. Aliin these circumstances for Judge Zainon to approve his application for striking out. Dato Mohd. Rause then suggested that our solicitor should make an application to set aside the order for striking out on the grounds that it was an illegal order. I SAID I HAD ALREADY INSTRUCTED MR DAVID HOH TO APPLY TO SET ASIDE THE ILLEGAL ORDER, but that Mr David Hoh HAD MADE HIMSELF INCOMMUNICADO to my instructions and any attempt to communicate with him or his firm of M/s Lim & Hoh drew no response.<br />I also stated for a fact that Dato Zainon had applied pressure on Mr David Hoh and the actions of Mr David Hoh has been all calculated to disadvantage the prospect of my wife's petition. I also stated for a fact that because of the personal involvement of Judge Zainon, no lawyer in KL will represent our Petition.<br /> <br />Sincerely<br /> <br />Yap Chong Yee<br /> <br /> <br /> <br /> <br />Letter to Mr SF Leow !<br />Hello SF !<br />I wish to thank you for speaking to Frank and removed the log jam existing between him and me; and for the life of me I still am mystified as to what has caused this umbrage. I believe that I have no issues that need to be settled between him and me and I shall be very happy for him to state what it is that has made suficiently unhappy to the extent that he is willing to sacrifice his professional reputation to damage my wife's case.<br />I will be glad if this message can be forwarded to him and invite his comment.<br />I will have to assume that my frequent attacks on Judge Zainon is the cause of friction, but as he had stated to you, Lim & hoh's client is my wife, therefore, under what basis CAN FRANK HOLD HOSTAGE MY WIFE'S INTERESTS FOR MY PERSONAL CONDUCT. I have written enough to argue charges against Judge Zainon with perpetrating criminal conduct and to have by her judicial actions participated, in a conspiracy to pervert the course of justice, obstructing to police investigation, obtaining money under false pretenses and much more.<br />Judge Zainon had committed criminal offences in abusing her judicial office IN ORDER TO PROTECT STEPHEN LIM CHENG BAN, WONG KEM CHEN, AND KWONG SEA YOON FROM CRIMINAL PROSECUTION for fabricating evidence, forgery, perjury and much more.<br />I do not quite understand why, Lim & Hoh have held themselves "incommunicado" because to my thinking, the path to final judgment in our favour in already indisputable on this basis :<br />(1)Stephen Lim's supporting affidavit by HAD DISCLOSED a legal defense; that in and of itself means there is a defense in the opinion of the respondents; that being the case, Judge Zainon has no judicial powers to over-ride the opinion of Stephen Lim. I recommend that Frank Hoh read the "WHITE BOOK" on the issue of "strike out for showing no cause of actions.<br />(2)the correct application in this situation is to apply to "SET ASIDE" Zainon's illegal and unlawful ORDER.; illegal because Judge Zainon as a High Court Judge, must know that Stephen Lim's affidavit CAN BE CONTRUED AS EVIDENCE(they are inadmissible as evidence and Judge Zainon approved the application with knowledge that they are not admissible accroding to the law of evidence).<br />(3)Stephen Lim alledged that my wife sold the alledged shares. Petitioner's pleading says no company resolutions nor any share certificate had ever been issued ever; that means no share of any kind, EXCEPT FOR THE TWO PROMOTERS' SHARE EXIST IN THE COMPANY. That being the case THE BURDEN OF PROOF LIES WITH STEPHEN LIM TO PROVE THAT HIS ALLEDGED SHARES ISSUED TO MY WIFE "EVER EXISTED AT ALL AS VALID SHARES. ( refer to case of Kelapa Sawit, (Telok Anson 1991 Ct of App).<br />(4) This means that Stephen Lim will have TO TRACE THE LEGALITY AND VALIDITY OF THE ALLEDGED SHARES FROM THE VERY BEGINING. I know that Stephen Lim fabricated the evidence; therefore respondents' case cannot be proven.<br />(5)I wish both Frank & David to read this message.I have thought through this issue and I say to David THAT MY WIFE HAS NO NEED TO DISPROVE THAT THE ALLEDGED SIGNATURE IS NOT HERS, BECAUSE THAT IS NOT THE ISSUE IN THE CONTEXT OF OUR PLEADING. The true issue is WHETHER THE ALLEDGED SHARES THAT STEPHEN LIM HAD DEPOSED TO AS BELONGING TO MY WIFE WAS IN FACT REAL AND VALID SHARES AT ALL. We know that they are not !<br />I confess that I do not understand what it is behind the conduct of Lim & Hoh. At this point there is no Judge Zainon to pervert the course of justice, THE END GAME IS STARING LIM & HOH IN THE FACE, and why is it that they will destroy our victory.<br />Just based on the 30% retainer, my security for costs will have reached Rm.80,000 and on 30% there is already a cool Rm.24,000 fees due to Lim & Hoh. THROW IN OUR CLAIM IN DAMAGES AGAINST ALL THE 6 RESPONDENTS FOR WRONGFUL RETENTION OF MONEY OBTAINED UNDER FALSE PRETENSES (I have all along stated as true that I borrowed Rm.60,000 from my daughters at 30% compound interests over 10 years plus); not to mention what will come out of taking over McLarens !<br />WHY DOES LIM & HOH WANT TO THROW AWAY ALL THAT OVER A ROW THAT EVEN TILL TODAY, I DO NOT KNOW WHAT IT IS THAT HAS MADE FRANK SO MAD !<br />I am sending this message to you hoping that you will forward this to Frank Hoh & his son.<br />I have emailed my draft and I will have Ai-Mei, Email her letter that was sent to Lim & Hoh after she had added her correction. I never like to read my draft _too lazy ! La !<br />Joe Yap<br /> <br />Hello Frank Hoh, The above letter had been Emailed to Siak Fah. I hope for us to least speak to each other. I hear Stephen Lim is on his last legs; and by that I believe it is urgent to decide what to do.<br />Frank read my letter and think about it. We will win because Respondents cannot change their defense. Joe Yap<br /> <br />Letter from Yap Ai-Mei to M/s Lim & Hoh<br />Yap Ai-Mei,\par<br />5a Prinsep Road, Attadale,\par<br />PERTH,\par<br />Western Australia.\par<br />Dated\par<br />M/S Lim & Hoh,\par<br />Solicitors,<br />Ming Building,<br />Jalan Bukit Nanas, KL.<br />Dear Sirs,<br />Re : Originating Petition No. D2-26-41 OF 2001 ; \par<br />Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd \par<br />\par<br />I am power of attorney for Petitioner, and I refer to the telephone conversation discussion between, your Mr Frank Hoh and Mr Leow Siak Fah, dated Thurs.14/Aug./2009,a mutual friend of Frank Hoh and my father Joe Yap, on the above matter. For the purpose relevant to issues arising from the above matter set out above, it is sufficient to state the following \par<br />facts :\par<br />(1)that M/s Lim & Hoh does not want to represent Petitioner, Mrs. Yap Choi Yin.\par<br />(2)that M/s Lim & Hoh had communicated their intention or tried to communicate their intention TO DISCHARGE THEMSELVES FROM ANY FURTHER REPRESENTATION OF PETITIONER. No date was given as to their withdrawal of legal representation.\par<br />(3)that M/s Lim & Hoh will RETURN THE CASE FILE TO PETITIONER.\par<br />(4)that M/s Lim & Hoh will only speak to my father on condition that my father has a power of attorney, from my mother.In response to the above facts I wish to state that it is only relevant to make the following statements :\par<br />(1)that both my father and I, as power of attorney for my mother/Petitioner had written, faxed and telephoned countless times to attempt to find out the status of both the progress of the said petition and the ongoing OR LACK OF FURTHER LEGAL REPRESENTATION BY YOUR FIRM; BUT BOTH OF US DREW NO RESPONSE; and that this comedy has gone on for at least 2 and a half years. It is only now that Mr Leow Siak Fah is able to tell us that M/s Lim & Hoh has discharged themselves and will return the case file to us. We had no prior communication of any kind on this development.\par<br />(3)My father and I had instructed M/s Lim & Hoh NOT TO FILE ANY APPEAL AGAINST JUDGE ZAINON BINTI MOHD. ALI'S ILLEGAL ORDER TO STRIKE OUT, When MY MOTHER HAD COMPLIED with jUDGE's Order to pay Rm.60,000 towards SECURITY FOR COSTS AND WHEN THIS ORDER FOR SECURITY FOR COSTS HAD NOT BEEN SET ASIDE BEFORE jUDGE MADE SECOND AND OPPOSING ORDER TO STRIKE OUT; but inspite of our many desperate attempts to stop you from filing any appeal, you went on to file an Appeal against our instruction and in so doing and your firm's NON RESPONSE TO OUR MANY ENTREATIES to apply INSTEAD to "SET ASIDE" THE ILLEGAL ORDER TO STRIKE OUT, YOU HAVE BY YOUR ACTIONS OBSTRUCTED THE PROGRESS OF SAID PETITION FOR THE SAID PERIOD.\par<br />(4)I am a practising solicitor in Perth, and wish to add that if what Mr Leow Siak Fah told to my father is true (and there is no reason to doubt him), then your actions are professionally questionable. In the situation that we find ourselves in, as my mother's solicitors, you are professionally required to settle the issue of your legal representation and return the case file if you no longer want to represent us. Let me be clear on any issue that you might to claim to have a solicitor's "LIEN" ON THE CASE FILE, IT WAS AGREED THAT FEES PAYABLE TO M/S LIM & HOH IS BASED ON 30% OF ALL MONEY RECOVERED (NO MONEY RECOVERED MEANS NO FEES CHARGABLE). In this situation, it is my opinion that on the day that you decide NOT TO WANT TO FURTHER REPRESENT US YOU ARE REQUIRED TO SETTLE THIS ISSUE OF SOLICITOR AND CLIENT, AND YOU HAD FAILED TO ACT RESPONSIBLLY.\par<br />(5)I wish to advise you that my father intends to send copies of my letter to (a)Mr Leow Siak Fah, President and secretary of Malaysian Bar; and you can please confirm with Mr Leow if what I state here, which at this point can only be allegations and are subject to correction. I will accept without conditions if Mr Leow will correct what has been represented by my father as what was said by Mr Leow as the truth.\par<br />(6)IF M/S LIM & HOH HAS DISCHARGED THEMSELVES, THIS IS THE TIME TO WRITE TO ME BY REGISTERED POST STATING THAT YOU NO LONGER WANT TO ACT FOR US. IF YOU STILL BELIEVE THAT YOU ARE STILL ACTING FOR US, THEN TAKE NOTICE THAT YOU ARE INSTRUCTED TO WITHDRAW THE APPEAL THAT YOU HAD FILED "AGAINST OUR EXPRESSED INSTRUCTIONS.\par<br />(7)Take notice that you have not sent any copy Of Judge Zainon's ILLEGAL ORDER TO STRIKE OUT; I WANT A COPY OF THE ILLEGAL ORDER AND A COPY OF THE JUDGMENT; HOW DO YOU APPEAL WITHOUT JUDGMENT ? For my own peace of mind, will you also send to me a copy of the APPEAL THAT YOU HAVE FILED.\par<br />(8)ALL ALLEGATIONS THAT ARE STATED BY MY FATHER CAN BE VARIFIED BY HIS WEBSITE AT http://yapchongye.blogspot.com, because the dates of logging in cannot be changed on the blog. \par<br />\par<br />\par<br />Your's sincerely,\par<br />\par<br />\par<br />Yap Ai-Mei.\par<br />\par<br />COPY\par<br />(1)LEOW SIAK FAH,\par<br />(2)PRESIDENT & SECRETARY, MALAYSIAN BAR COUNCIL.\par<br />\par<br />\par<br />\tab\par<br />}<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Yap Chong Yeehttp://www.blogger.com/profile/01049964149247000909noreply@blogger.com0tag:blogger.com,1999:blog-6857074560130705298.post-85426611024371191712009-09-19T21:57:00.000-07:002009-09-19T21:58:51.087-07:00LETTER FROM YAPCHOIYIN TO M/S LIM & HOHYap Choi Yin<br />5a Prinsep Road, Attadale,<br />Western Australia, 6156,<br />To, M/s Lim & Hoh,<br />Dear Sirs !<br />Re: Re : Originating Petition No. D2-26-41 OF 2001 ;<br />Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd<br />The content of your letter is most surprising to me, considering that my husband has been dealing with all matters relating to my said Petition against M/s McLarens Saksama Sdn. Bhd. However, there is no need to split hairs, but I need to make respond to your letter on these<br />issues :<br />(1)did you withdraw my application to cross examine respondents, (a)Mr. Stephen Cheng Ban,<br />(b)Mr. Wong Kem Chen (c)Mr Kwong Sea Yoon(representing M/s McLarens)as their company Secretary ?<br />(2)Did you not by letter inform me that every time my husband writes to the Chief Justice, or to the public at large by letter-fax, either insulting Dato Zainon binti Mohd. Ali or complaining to the Chief Justice, of the conduct of Judge Zainon binti Mohd. Ali the latter (Dato Zainon) would haul up Mr David for chastisement; at this point, will you confirm that Mr David's withdrawal of my application for leave to cross examine said 3 respondents mentioned above, on the contents of their supporting affidavits ANNEXED TO THEIR RESPECTIVE APPLICATIONS FOR SECURITY FOR COSTS, was not withdrawned as a consequence of pressure applied by Dato Zainon ?<br />I want to confirm that my husband had admitted to me that he had consented to Mr David's suggestion that we withdraw my application to cross examine said Respondents( BY THE WORDS OF MR DAVID, "TO CLEAR THE DECKS") mentioned above, because Mr David believes that the continued existence of my application to cross examine said respondents is the cause of Judge Zainon's persistent and continued postponement of the hearing of my petition for over a period of at least 2 years, FROM THE DATE OF MY PAYMENT OF RM.60,000 PURSUANT TO THE ORDER FOR SECURITY FOR COSTS, APPROVED BY JUDGE ZAINON and for no reason at all since the respondents nor I as petitioner had ever asked for any postponements. Let it be said that although my husband had endorsed Mr David's action to withdraw my application, he (Mr David) must realise that he is my counsel and not my husband, who has not practised law for 40 years. Mr David holds total professional responsibility for his actions relating to the conduct of my petition.<br />(2)now that by your letter, dated 7 Sept., 2009, received this morning, I AM TO UNDERSTAND THAT YOU STILL ACT FOR ME, AND I ACCEPT and wish to thank you very much for your kindness and I wish to confirm that you are still acting for me on the terms, endorsed by me "as the contractual terms of our retainer" on the back of the copy of my petition and kept by you as evidence of the basis of our retainer.<br />(3)I now instruct you as my solicitors TO WITHDRAW THE APPEAL THAT HAS BEEN FILED BY YOUR FIRM ON MY BEHALF WITH IMMEDIATE EFFECT; and to instead apply to set aside the ORDER FOR STRIKING OUT OF MY PETITION. My husband has written an opinion that Judge ZAINON'S order for striking out of my petition is illegal and unlawful. I enclose a copy for your consideration. You are free as my solicitors to accept his opinion or dismiss it as you wish. However, my husband had spoken to Dato Mohd. Raus Sharrif, on the comedy of Judge Zainon's APPROVAL of 2 opposing orders for security for costs and even without so much as an order to set aside said order for security for costs WENT ON TO APPROVE AN ORDER FOR STRIKING OUT.<br />Dato Mohd. Raus Shariff had asked me to apply for the setting aside of Zainon's Order for striking, but I told him that Dato Zainon may have put in place A DETENTION ORDER UNDER THE ISA and that I will be detained and my effort will be in vain; Dato Mohd. Raus. Shariff, then suggested that I ask our solicitors M/s Lim & Hoh to go see him; BUT WHEN ATTEMPTS WERE MADE BY MY HUSBAND TO CONTACT M/S LIM & HOH, my husband was kept incommunicado.<br />It is good and I thank you that you have stated that you "act and will only take instructions from me", so by that acknowledgement, please do act according to my instructions UNLESS YOU HAVE STATED REASONS WHY MY INSTRUCTIONS WILL NOT produce the best legal out-come for my case; in which case please write to me and state your objections.<br />I wish to say to Mr Frank Hoh that my husband bear him no ill will. My husband find the pervertion of the course of justice abhorrent, and will not shrink from pursuing JUSTICE ACCORDING TO LAW. I say to Mr Frank Hoh, WHAT HAS JOE YAP DONE TO YOU. You can write to me and we will publish it to the public at large by letter-fax, EXACTLY AS YOU WILL WRITE IT.<br />Please be kind enough to send to me copy each of (1) SECURITY FOR COSTS, (2) ORDER FOR STRIKING OUT OF PETITION.<br />Yap Choi Yin,<br /> <br /> <br /> <br />Copy to President Malaysian Bar,<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Yap Chong Yeehttp://www.blogger.com/profile/01049964149247000909noreply@blogger.com0tag:blogger.com,1999:blog-6857074560130705298.post-58529665381479419492009-09-10T12:21:00.002-07:002009-09-10T19:39:59.122-07:00jUDGE zAINON PARTICIPATED IN A CONSPIRACY TO PERVERT THE COURSE OF JUSTICEDear Art Harun !<br />I paste below my opinion why "NO COSTS CAN ATTACH TO MY SECURITY FOR COSTS ARISING FROM A STRIKE OUT, because security for costs is paid contingent to Petitioner loosing at a trial ! This payment BY US of security for costs is tied up to a TRUST and the trust requires that payment can only be disbursed AGAINST A PROPERLY TAXED BILL OF COSTS !<br />I wrote this opinion in preparation if an application to set aside the order for striking out is to be made.<br />Opinion on the issue whether Judge Zainon binti Mohd. Ali had participated in a conspiracy to OBTAIN MONEY UNDER FALSE PRETENSES.<br />I submit that Judge Zainon binti Mohd. Ali had pro-actively participated in a conspiracy to obtain money under false pretenses. At the first hearing of our petition Judge Zainon had improperly interfered in the proceedings by asking my wife to withdraw her application for leave to cross examine, KC Wong, Kwong Sea Yoon and Stephen Lim for PERJURY.<br />I submit that Judge Zainon had from the very begining intended to strike out my wife's petition by asking my wife to withdraw her application for leave to cross examine the respondents listed above; and when we refused, judge Zainon disregarded our submission supporting our application for leave to cross examine. She went on to award security for costs inspite of our charge against the above 3 respondents for perjury.<br />It is important to bear in mind that Respondents had applied for security for costs in the sum of Rm.650,000, but that Judge Zainon had reduced of her own accord to the sum of Rm.60,000. which my wife had paid into the hands of Respondents' solicitors. It must also be borne in mind that respondent Stephen Lim Cheng Ban had made his application to strike out said petition AFTER MY WIFE HAD PAID UP RM.60,000. This point is crucial because Respondents had 1st applied for security for costs and only later did they apply for order to strike out. I say this point is important because, by their earlier application for security for costs, RESPONDENTS HAD ACCEPTED THAT THEY HAVE A CASE TO ANSWER AND THEIR SUPPORTING AFFIDAVIT DECLARED THAT PETITIONER HAD TRANSFERED HER ENTIRE SHARE PORTFOLIO.<br />At this point there is a dispute because my wife's cause of action IS THAT NO SHARES WERE EVER ISSUED EXCEPT FOR THE 2 SINGLE PROMOTERS' SHARE ISSUED TO PETITIONER AND MR STEPHEN LIM AS PROMOTERS.<br />Having set out the background conditions that will define the actions of Judge Zainon and her co-conspirators as PERPETRATORS OF THE OFFENCE OF OBTAINING MONEY UNDER FALSE PRETENSES; I will move on to submit my opinion based on the following points of arguements. :<br />(1)As stated at the opening of this submission, The actions of Judge Zainon is evidence that she had already made up her mind to strike out, hence she crafted her order for security for costs to be paid into the hands of solicitors for respondents INSTEAD OF PAYMENT INTO COURT AS PROVIDED BY THE RULES OF CIVIL PROCEDURE. My submission is that from this point on, every step of the way that Judge Zainon had taken show and constitutes "the hand cuffs" that will convict Judge Zainon for having perpetrated the following crimes :<br />(a) Conspiracy to commit "Judicial" Malfeasance in office,<br />(b) Aidding and Abetting and pro-actively participated in a conspiracy to commit both perjury & forgery,<br />(c) Pro-actively participated in a conspiracy to pervert the course of justice,<br />(d) Pro-actively participated in a conspiracy to fabricate evidence,<br />(e) Pro-actively participated in a conspiracy to obtain money under false pretences.<br />I will begin with my charge that Judge Zainon had committed "judicial " Malfeasance, aidded and abetted by the solicitors for the Respondents in particular the solicitors' firm of M/s Annad & Noraini, of Jln. Yap Ah Shak, KL, and solicitors for Petitioner, namely M/s Lim & Hoh of Ming building, Jln. Bt. Nanas, KL.<br />SUBMISSION<br />I will leave out (for the moment) my charge against Judge Zainon putting undue and illegal PRESSURE on my wife's solicitors, M/s Lim & Hoh to withdraw my wife's application to cross examine, KC Wong, Stephen Lim and Kwong Sea Yoon for Perjury. I will come to this later.<br />I come now to my main issue to support my submission that Judge Zainon and the parties named above for jointly perpetrating the crime of Malfeasance, Conspiracy to pervert the course of justice together with the other criminal offences that were set out above. I submit that Judge Zainon had fallen into the grave that she had dug for herself out of sheer IGNORANCE OF THE LAW AND ALSO BECAUSE SHE DOES NOT HAVE THAT REQUIRED MINIMUM OF LOGICAL THINKING. She has been elevated to the highest level of the Malaysian judiciary OVER HER FUCKING HEAD.<br />MY SUBMISSION IS BASED ON THE FACT THAT JUDGE zainon HAD 1ST APPROVED SECURITY FOR COSTS AND WHEN RM.60,000 WAS PAID PURSUANT TO HER ORDER FOR SECURITY FOR COSTS, SHE WENT ON TO APPROVE A 2ND AND CONTRADICTING ORDER TO STRIKE OUT EVEN WITHOUT AN ORDER TO SET ASIDE THE 1ST ORDER FOR SECURITY FOR COSTS..At this point pray tell me Mr Yap Chong Yee, why do you say Judge Zainon had committed the several criminal offences ?<br />To understand my arguements JUST CONSIDER THE LOGIC, LAW AND THEIR INTER-RELATIONSHIPS. :<br />(a)Order for security for costs is paid and accepted by all Respondents through their solicitors to BE HELD IN A JOINT ACCOUNT IN THE NAMES OF M/S ANNAD & NORAINI AND MY WIFE'S SOLICITORS M/S LIM & HOH. Remember that this joint account is held jointly by Respondents' solicitors and my wife's solicitors M/s Lim & Hoh. Remember THAT THIS IS A FUCKING TRUST ACCOUNT AND THE MONEY IS TO BE DISBURSED BY AND ACCORDING TO A FUCKING TAXED BILL OF COSTS ! The Rm.60,000 is not fucking costs, IT IS INSTEAD "SECURITY FOR COSTS" and their disbursement is for costs ARISING FROM A FUCKING TRIAL ONLY AND NOTHING ELSE.<br />(b)I believe Judge Zainon (through her own ignorance of the law and having no fucking logic) thought she can hand this security for costs AS FUCKING COSTS, hence her order to strike out is made "IN TERMS" meanig to declare that Petitioner had lost and hence Respondents can FUCKING KEEP THE SECURITY FOR COSTS AS COSTS.<br />As I said Judge Zainon has no logic and knows no fucking law. I made it abundantly clear that the Rm.60,000 is held in trust to disburse COSTS ARISING OUT OF A TRIAL, and therefore no trial NO FUCKING COSTS. At this point a very prominent lawyer said to me that the striking can incur costs. Yes, that is possible but if the adage relating to costs IS "COSTS FOLLOWS TRIAL" then a strike out cannot attract disbursements out of security for costs. He says that a STRIKE OUT MEANS PETITIONER HAS LOST ! This cannot be right because TO LOOSE IS TO LOOSE ON A POINT OF LAW, BUT A STRIKE OUT MEANS THERE ARE NO POINTS OF LAW; THEREFORE HOW CAN ANY LITIGANT SAY HE WON OR LOST. The Petition is a nullity there is nothing for the court to decide, HOW CAN THAT BE SAID TO BE A LOST ? However, the crux of my submission is that the JOINT ACCOUNT CAN ONLY BE ACCESSED BY A BILL OF COSTS ARISING OUT OF A TRIAL THAT HAS TAKEN PLACE AND PETITIONER HAS LOST TO THE RESPONDENTS. Such is not the case here. I say to Respondents and to Judge Zainon that if you want to get at my security for costs now Rm.80,000 with interests accrued. THEN YOU WILL HAVE TO SHOW MY A BILL OF COSTS INCURRED IN A TRIAL. CAN YOU FUCKING DRAW A BILL OF COSTS WITHOUT trial ? Remember there is a TRUST TIED TO THAT SECURITY FOR COSTS, AND CRIMINAL CONSEQUENCES IF YOU ABUSE YOUR LEGAL RESPONSIBILITIES.<br />(b)THIS IS THE INTERESTING PART.<br />While Judge Zainon's order to strike out remains FUCKING ACTIVE and it is, it will mean that respondents WILL BE CRIMINALY LIABLE FOR HOLDING MONEY OBTAINED UNDER FALSE PRETENSES. WHY ? It is so because I have instructed M/s Lim & Hoh not to accept the refund of said security for costs; and that being the case, M/s Annad & Noraini CANNOT PAY THEMSELVES PURSUANT TO THE ORDER TO STRIKE OUT AND SINCE THERE IS NO TRIAL THERE CANNOT BE ANY ORDER FOR COSTS ! NO BILL OF COSTS CAN BE TAXED BECAUSE NO FUCKING TRIAL ! It all comes down to this one conundrum, Annad & Noraini and M/s Lim & Hoh are holding FUCKING "HOT BRICKS" and there is no way out except for a trial.<br />At this point of the case Judge Zainon and the respondents are holding money Rm.80,000 UNSANCTIONED BY LAW. OR SANCTIONED BY THE ABUSE OF JUDICIAL POWERS OF JUDGE ZAINON BY HER APPROVING 2 FUCKING OPPOSING ORDERS ! FUCKING MEANLESS.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Yap Chong Yeehttp://www.blogger.com/profile/01049964149247000909noreply@blogger.com0tag:blogger.com,1999:blog-6857074560130705298.post-76335497935069874372009-09-10T12:21:00.000-07:002009-09-10T12:22:16.410-07:00LETTER TO PRESIDENT & SEC. MALAYSIAN BAR COUNCILYap Chong Yee,<br />5a Prinsep Road, Attadale, WA. 6156<br />Email : yapchongyee@Gmail.com<br />Tel. (08)6161 3661<br />Date :9 Sept., 2009<br />Letter to President & Secretary of Malaysian Bar Council<br /> <br />Re : Originating Petition No. D2-26-41 OF 2001 ;<br />Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd<br />Dear Sirs,<br />I believe my earlier letter to President, Secretary and members of Malaysian Bar and sent by Email had ONLY HALF of my letter because of a glitch in my computer at the time when I Emailed the letter; however, I am now Emailing the redrafted letter of the earlier letter.<br />I am making a complaint charging Mr David Hoh of M/s Lim and Hoh for Professional misconduct. Mr David Hoh acted as Counsel for my wife in her Petition cited above, Trouble began when Judge Zainon asked Mr. David Hoh to enquire off my wife if my wife would agree to withdraw my wife's application to cross examine, Respondents, Mr Kwong Sea Yoon, Wong Kem Chen and Mr Stephen Lim Cheng Banfor perjury. My wife had applied for leave to cross examine these parties for PERJURY, annexing to her application police reports that I had made at the Balai Polis, Jln.TUN HS Lee.. I instructed Mr David Hoh not to withdraw the application to cross examine. I discussed Judge Zainon binti Mohd. Ali's IMPROPER CONDUCT WITH JUDGE MOKHTAR SIDIN (prior to his retirement) because I wanted someone with credibility to know of the misconduct of Judge Zainon. Inspite of our refusal to withdraw to accommodate Judge Zainon's criminal interference in the court process of said Petition, JUDGE ZAINON went on to approve Respondents application.<br />My complaint against Mr David Hoh are the following :<br />(a)Mr David Hoh has over 2 and a 1/2 year consistently REFUSED TO RESPOND to our many attempts to communicate with him (by all means). He has refused to state his position vis-a-vis his continued retainer as our solicitor or Counsel. He has refused to respond to our request to surrender the file of said Petition IF HE HAS DISCHARGED HIMSELF.<br />(b)He filed an appeal against my instructions. I had instructed him to apply to set aside the illegal & unlawful order made by Judge Zainon INSTEAD OF A USELESS APPEAL. Only a LAW illiterate in the circumstances would appeal against an illegal & unlawful order. Judge Zainon had ABUSED HER POWERS BY APPROVING 2 FUCKING OPPOSING ORDERS; therefore, begs the question, NOW THAT THE ORDER TO STRIKE OUT HAS TAKEN EFFECT, what is to become of the order for security for costs, which my wife had complied by payment of Rm.60,000 ? Considering that Petition having been struck out, THE FUCKING TRIAL NEVER BEGAN, therefore where is the costs; and by the same token, Respondents are now holding money OBTAINED UNDER FALSE PRETENCES, and Mr David is one of the "trustee" of the joint A/c holding money obtained under false pretences; the Rm.60,000 plus Rm.20,000 paind by my wife towards SECURITY FOR COSTS.<br />(c)What is the justification for Mr David Hoh to hold on to the file HAVING DE FACTO DISCHARGED HIMSELF BY REFUSING TO RESPOND TO OUR ATTEMPTS TO COMMUNICATE WITH HIM PROFESSIONALLY ? NOTE :I will paste below two letters, whose contents are self evident in the context of my official complaints, (1) by my daughter Yap Ai-Mei and power of attorney of Petitioner (2) Letter to Mr SF Leow.<br />I had discussed my problem with Dato Mohd. Raus and he had suggested that my solicitors take the matter up on appeal; I said that Mr David Hoh, my wife's counsel had already done that, AGAINST MY INSTRUCTION NOT TO APPEAL . I said that this was wrong because IF THERE IS ANY APPEAL IT SHOULD HAVE BEEN RESPONDENTS WHO SHOULD APPEAL, because it was respondent, Mr Stephen Lim Cheng Ban, HAVING ACCEPTED HIS SHARE OF SECURITY FOR COSTS, WENT ON TO APPLY TO STRIKE OUT; and of all the IMPROBABLE INSANITY, judge Zainon binti Mohd. Ali APPROVED Stephen Lim Cheng Ban's application to strike out even before any application to set aside the earlier ORDER FOR SECURITY FOR COSTS WAS MADE OR EVER MADE. Such is the law illiteracy of Judge Zainon.<br />THIS NONSENSE perpetrated by Judge Zainon has now created, A FARCE, and a Malaysian Judicial precedent (being a high Court decision) that if a litigant who is dissatisfied or unhappy with the High Court's award of the quantum for security for costs, CAN PROCEED TO OBTAIN A 2ND ORDER FOR STRIKING OUT FOR SHOWING NO CAUSE OF ACTION; that being the case, there are now 2 opposing orders being (a) order for security for costs and Petitioner having paid Rm.60,000 pursuant to order for security for costs (b) Order to strike out said Petition; BOTH ORDERS ARE LIVE ORDERS AS THEY NOW STAND. Quite apart from such a "belly aching farce" as perpetrated by Judge Zainon arising from her obvious LAW ILLITERACY, her actions DISPLAY a total absence of both common sense and a total absense of logic. Judge Zainon has the common sense to think that it is both feasible TO FUCKING HAVE TO CAKE AND EAT IT TOO.<br />Judge Zainon being a Judge serving on the Bench of the Court of Appeal, and displaying such a disgraceful absense of any learning of the LAW, has made the Malaysian Judiciary, the laughing stock of all of English Common Law jurisdictions in the world. Judge Zainon binti Mohd. Aliin these circumstances for Judge Zainon to approve his application for striking out. Dato Mohd. Rause then suggested that our solicitor should make an application to set aside the order for striking out on the grounds that it was an illegal order. I SAID I HAD ALREADY INSTRUCTED MR DAVID HOH TO APPLY TO SET ASIDE THE ILLEGAL ORDER, but that Mr David Hoh HAD MADE HIMSELF INCOMMUNICADO to my instructions and any attempt to communicate with him or his firm of M/s Lim & Hoh drew no response.<br />I also stated for a fact that Dato Zainon had applied pressure on Mr David Hoh and the actions of Mr David Hoh has been all calculated to disadvantage the prospect of my wife's petition. I also stated for a fact that because of the personal involvement of Judge Zainon, no lawyer in KL will represent our Petition.<br /> <br />Sincerely<br /> <br />Yap Chong Yee<br /> <br /> <br /> <br /> <br />Letter to Mr SF Leow !<br />Hello SF !<br />I wish to thank you for speaking to Frank and removed the log jam existing between him and me; and for the life of me I still am mystified as to what has caused this umbrage. I believe that I have no issues that need to be settled between him and me and I shall be very happy for him to state what it is that has made suficiently unhappy to the extent that he is willing to sacrifice his professional reputation to damage my wife's case.<br />I will be glad if this message can be forwarded to him and invite his comment.<br />I will have to assume that my frequent attacks on Judge Zainon is the cause of friction, but as he had stated to you, Lim & hoh's client is my wife, therefore, under what basis CAN FRANK HOLD HOSTAGE MY WIFE'S INTERESTS FOR MY PERSONAL CONDUCT. I have written enough to argue charges against Judge Zainon with perpetrating criminal conduct and to have by her judicial actions participated, in a conspiracy to pervert the course of justice, obstructing to police investigation, obtaining money under false pretenses and much more.<br />Judge Zainon had committed criminal offences in abusing her judicial office IN ORDER TO PROTECT STEPHEN LIM CHENG BAN, WONG KEM CHEN, AND KWONG SEA YOON FROM CRIMINAL PROSECUTION for fabricating evidence, forgery, perjury and much more.<br />I do not quite understand why, Lim & Hoh have held themselves "incommunicado" because to my thinking, the path to final judgment in our favour in already indisputable on this basis :<br />(1)Stephen Lim's supporting affidavit by HAD DISCLOSED a legal defense; that in and of itself means there is a defense in the opinion of the respondents; that being the case, Judge Zainon has no judicial powers to over-ride the opinion of Stephen Lim. I recommend that Frank Hoh read the "WHITE BOOK" on the issue of "strike out for showing no cause of actions.<br />(2)the correct application in this situation is to apply to "SET ASIDE" Zainon's illegal and unlawful ORDER.; illegal because Judge Zainon as a High Court Judge, must know that Stephen Lim's affidavit CAN BE CONTRUED AS EVIDENCE(they are inadmissible as evidence and Judge Zainon approved the application with knowledge that they are not admissible accroding to the law of evidence).<br />(3)Stephen Lim alledged that my wife sold the alledged shares. Petitioner's pleading says no company resolutions nor any share certificate had ever been issued ever; that means no share of any kind, EXCEPT FOR THE TWO PROMOTERS' SHARE EXIST IN THE COMPANY. That being the case THE BURDEN OF PROOF LIES WITH STEPHEN LIM TO PROVE THAT HIS ALLEDGED SHARES ISSUED TO MY WIFE "EVER EXISTED AT ALL AS VALID SHARES. ( refer to case of Kelapa Sawit, (Telok Anson 1991 Ct of App).<br />(4) This means that Stephen Lim will have TO TRACE THE LEGALITY AND VALIDITY OF THE ALLEDGED SHARES FROM THE VERY BEGINING. I know that Stephen Lim fabricated the evidence; therefore respondents' case cannot be proven.<br />(5)I wish both Frank & David to read this message.I have thought through this issue and I say to David THAT MY WIFE HAS NO NEED TO DISPROVE THAT THE ALLEDGED SIGNATURE IS NOT HERS, BECAUSE THAT IS NOT THE ISSUE IN THE CONTEXT OF OUR PLEADING. The true issue is WHETHER THE ALLEDGED SHARES THAT STEPHEN LIM HAD DEPOSED TO AS BELONGING TO MY WIFE WAS IN FACT REAL AND VALID SHARES AT ALL. We know that they are not !<br />I confess that I do not understand what it is behind the conduct of Lim & Hoh. At this point there is no Judge Zainon to pervert the course of justice, THE END GAME IS STARING LIM & HOH IN THE FACE, and why is it that they will destroy our victory.<br />Just based on the 30% retainer, my security for costs will have reached Rm.80,000 and on 30% there is already a cool Rm.24,000 fees due to Lim & Hoh. THROW IN OUR CLAIM IN DAMAGES AGAINST ALL THE 6 RESPONDENTS FOR WRONGFUL RETENTION OF MONEY OBTAINED UNDER FALSE PRETENSES (I have all along stated as true that I borrowed Rm.60,000 from my daughters at 30% compound interests over 10 years plus); not to mention what will come out of taking over McLarens !<br />WHY DOES LIM & HOH WANT TO THROW AWAY ALL THAT OVER A ROW THAT EVEN TILL TODAY, I DO NOT KNOW WHAT IT IS THAT HAS MADE FRANK SO MAD !<br />I am sending this message to you hoping that you will forward this to Frank Hoh & his son.<br />I have emailed my draft and I will have Ai-Mei, Email her letter that was sent to Lim & Hoh after she had added her correction. I never like to read my draft _too lazy ! La !<br />Joe Yap<br /> <br />Hello Frank Hoh, The above letter had been Emailed to Siak Fah. I hope for us to least speak to each other. I hear Stephen Lim is on his last legs; and by that I believe it is urgent to decide what to do.<br />Frank read my letter and think about it. We will win because Respondents cannot change their defense. Joe Yap<br /> <br />Letter from Yap Ai-Mei to M/s Lim & Hoh<br />Yap Ai-Mei,\par<br />5a Prinsep Road, Attadale,\par<br />PERTH,\par<br />Western Australia.\par<br />Dated\par<br />M/S Lim & Hoh,\par<br />Solicitors,<br />Ming Building,<br />Jalan Bukit Nanas, KL.<br />Dear Sirs,<br />Re : Originating Petition No. D2-26-41 OF 2001 ; \par<br />Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd \par<br />\par<br />I am power of attorney for Petitioner, and I refer to the telephone conversation discussion between, your Mr Frank Hoh and Mr Leow Siak Fah, dated Thurs.14/Aug./2009,a mutual friend of Frank Hoh and my father Joe Yap, on the above matter. For the purpose relevant to issues arising from the above matter set out above, it is sufficient to state the following \par<br />facts :\par<br />(1)that M/s Lim & Hoh does not want to represent Petitioner, Mrs. Yap Choi Yin.\par<br />(2)that M/s Lim & Hoh had communicated their intention or tried to communicate their intention TO DISCHARGE THEMSELVES FROM ANY FURTHER REPRESENTATION OF PETITIONER. No date was given as to their withdrawal of legal representation.\par<br />(3)that M/s Lim & Hoh will RETURN THE CASE FILE TO PETITIONER.\par<br />(4)that M/s Lim & Hoh will only speak to my father on condition that my father has a power of attorney, from my mother.In response to the above facts I wish to state that it is only relevant to make the following statements :\par<br />(1)that both my father and I, as power of attorney for my mother/Petitioner had written, faxed and telephoned countless times to attempt to find out the status of both the progress of the said petition and the ongoing OR LACK OF FURTHER LEGAL REPRESENTATION BY YOUR FIRM; BUT BOTH OF US DREW NO RESPONSE; and that this comedy has gone on for at least 2 and a half years. It is only now that Mr Leow Siak Fah is able to tell us that M/s Lim & Hoh has discharged themselves and will return the case file to us. We had no prior communication of any kind on this development.\par<br />(3)My father and I had instructed M/s Lim & Hoh NOT TO FILE ANY APPEAL AGAINST JUDGE ZAINON BINTI MOHD. ALI'S ILLEGAL ORDER TO STRIKE OUT, When MY MOTHER HAD COMPLIED with jUDGE's Order to pay Rm.60,000 towards SECURITY FOR COSTS AND WHEN THIS ORDER FOR SECURITY FOR COSTS HAD NOT BEEN SET ASIDE BEFORE jUDGE MADE SECOND AND OPPOSING ORDER TO STRIKE OUT; but inspite of our many desperate attempts to stop you from filing any appeal, you went on to file an Appeal against our instruction and in so doing and your firm's NON RESPONSE TO OUR MANY ENTREATIES to apply INSTEAD to "SET ASIDE" THE ILLEGAL ORDER TO STRIKE OUT, YOU HAVE BY YOUR ACTIONS OBSTRUCTED THE PROGRESS OF SAID PETITION FOR THE SAID PERIOD.\par<br />(4)I am a practising solicitor in Perth, and wish to add that if what Mr Leow Siak Fah told to my father is true (and there is no reason to doubt him), then your actions are professionally questionable. In the situation that we find ourselves in, as my mother's solicitors, you are professionally required to settle the issue of your legal representation and return the case file if you no longer want to represent us. Let me be clear on any issue that you might to claim to have a solicitor's "LIEN" ON THE CASE FILE, IT WAS AGREED THAT FEES PAYABLE TO M/S LIM & HOH IS BASED ON 30% OF ALL MONEY RECOVERED (NO MONEY RECOVERED MEANS NO FEES CHARGABLE). In this situation, it is my opinion that on the day that you decide NOT TO WANT TO FURTHER REPRESENT US YOU ARE REQUIRED TO SETTLE THIS ISSUE OF SOLICITOR AND CLIENT, AND YOU HAD FAILED TO ACT RESPONSIBLLY.\par<br />(5)I wish to advise you that my father intends to send copies of my letter to (a)Mr Leow Siak Fah, President and secretary of Malaysian Bar; and you can please confirm with Mr Leow if what I state here, which at this point can only be allegations and are subject to correction. I will accept without conditions if Mr Leow will correct what has been represented by my father as what was said by Mr Leow as the truth.\par<br />(6)IF M/S LIM & HOH HAS DISCHARGED THEMSELVES, THIS IS THE TIME TO WRITE TO ME BY REGISTERED POST STATING THAT YOU NO LONGER WANT TO ACT FOR US. IF YOU STILL BELIEVE THAT YOU ARE STILL ACTING FOR US, THEN TAKE NOTICE THAT YOU ARE INSTRUCTED TO WITHDRAW THE APPEAL THAT YOU HAD FILED "AGAINST OUR EXPRESSED INSTRUCTIONS.\par<br />(7)Take notice that you have not sent any copy Of Judge Zainon's ILLEGAL ORDER TO STRIKE OUT; I WANT A COPY OF THE ILLEGAL ORDER AND A COPY OF THE JUDGMENT; HOW DO YOU APPEAL WITHOUT JUDGMENT ? For my own peace of mind, will you also send to me a copy of the APPEAL THAT YOU HAVE FILED.\par<br />(8)ALL ALLEGATIONS THAT ARE STATED BY MY FATHER CAN BE VARIFIED BY HIS WEBSITE AT http://yapchongye.blogspot.com, because the dates of logging in cannot be changed on the blog. \par<br />\par<br />\par<br />Your's sincerely,\par<br />\par<br />\par<br />Yap Ai-Mei.\par<br />\par<br />COPY\par<br />(1)LEOW SIAK FAH,\par<br />(2)PRESIDENT & SECRETARY, MALAYSIAN BAR COUNCIL.\par<br />\par<br />\par<br />\tab\par<br />}<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Yap Chong Yeehttp://www.blogger.com/profile/01049964149247000909noreply@blogger.com0tag:blogger.com,1999:blog-6857074560130705298.post-74029433325753657162009-03-23T03:51:00.000-07:002009-03-23T03:52:59.581-07:00MALAYSIAN JUDGES ARE ABOVE THE LAWMalaysian Judges Are Above The Law<br /><br />I was in Kuala Lumpur to process my wife's application for the dissolution of her company Relionus Adjusters, Sdn. Bhd. and our solicitors had filed our application; and while there I read a news report of Tun Fairoz leaving on a trip to distant lands of Muslim nations to discover how they (Muslim nations) dispense justice that will negate the advantage that litigants will reap for retaining high priced and excellent lawyers. I thought at that time that this was very brave of our Chief Justice Tun Fairoz; who was my class-mate in Law School at University of Singapore. We were not friends but being class-mates we know of each other's existence. I thought this was very brave because it took English Common Law over 1,300 years to evolve and here we have a Chief Justice, who like me obtained a 3rd class (Hon.),<br />although it is no shame to obtain 3rd class because about 80% of then graduates from the University of Singapore obtained 3rd class. The University only awarded one 1st class (Hon.) in 10 years I believe. Anyway, I thought this was very brave to make such a claim. What on earth was Tun Fairoz talking about ? To say the least English Common Law admit of very little change, and I would even add that its interpretation is very logically and almost mathematically precise, like 2 + 2 + 4; because if you add the numbers and you fail to get 4 it just means you do not know how to add.<br />At this point I like to make an observation, in most cases our Malaysian Judges do not understand the meaning of the word "JUDICIAL DISCRETION", and my observation is that Malaysian judges think they can "find a yawning wide gulf" to attach to the words "judicial discretion" to mean any of their personal whim or to allow them a latitude to interpret those words to mean anything that fits their whim. I use the word whim because "whim" is distinct and different from the meaning of the words "Judicial discretion". The word judicial discretion is well defined by the law of equity and it means that the judge has a 'degree of latitude to interpret AN ISSUE IN A POSITIVE WAY SO THAT THE LITIGATION CAN PROCEED SEAMLESSLY; but judicial discretion DOES NOT ALLOW a judge to willy nilly admit any thresh as evidence. To be more concise Judicial discretion MUST OPERATE WITHIN THE STRICT CONFINES OF THE LAW; in other words the law of evidence, law of procedure and substantive law all must be adhered to strictly.<br />My wife's case (spare the details) TURNS ON THE ISSUE whether the only 2 promoters and only 2 same share holders had ever AUTHORIZED THE COMPANY TO ISSUE ANY SHARES TO ANY 3RD PARTY OR EVEN TO THEMSELVES OTHER THAN THE 2 PROMOTERS SHARES. My wife had pleaded in her supporting affidavits that SHE NEVER EVER SINGED ANY RESOLUTION WHATSOEVER, and that she never ever disposed of in any shape nor form nor sold her single promoters share. In short she at all times held only one single promoter's share in the company. Respondent's power of attorney Mr Kwong Sea Yoon, alleged that my wife had transfer "her entire share holding" and that he witnessed as Company Secretary my wife sign the transfer documents. In the context of my statement in this paragraph, THIS ALLEGATION BY KWONG SEA YOON IS IMPOSSIBLE TO ACHIEVE, because to transfer share, there must exist a share certificate, and transfer is achieved by surrendering the old share certificate and the issue of the share in a new share certificate, and since no share certificate was ever issued because my wife affirmed that she never ever issued any resolution no share certificate can be issued without a company resolution. This is because to issue share certificate in the company the only 2 promoter directors will have to sign a resolution that the company will issue share certificates to them and in what numbers; how can that be achieved if my wife had stated that she never EVER SIGNED ANYTHING AT ALL WHATSOEVER ?<br />Pursuant to this allegation made by Respondent Kwong Sea Yoon, Mr Stephen Lim Cheng Ban and Mr Wong Kem Chen; I made a police report at the Balai Police Jl. Tun HS Lee. I charged Mr Kwong Sea Yoon and the other 2 respondents for perjury. In the meantime, Mr David Hoh, my wife's counsel proceeded to apply for leave to cross examine respondents; but Mr Kwong Sea Yoon, had ABANDONED HIS DEFENSE. Mr Kwong Sea Yoon realising his criminal conduct for affirming perjury NEVER AGAIN SHOW UP AT ANY OF THE COURT APPEARANCE, Kwong Sea Yoon never ever again show up at court hearings.. This hiatus lasted for at least 18 months and when all attempts by respondents to get Mr Kwong Sea Yoon to show up had failed, Mr Stephen Lim Cheng ban filed an application for striking out said petition. At this point I like to state that I had asked Mr David Hoh to defend against the application for striking out, but it was a mystery to me why he only applied for leave to cross examine Stephen Lim, he knowing that Judge had already previously refused my wife's application for right to cross examine. However, what is more a mystery is why knowing that Mr Kwong Sea Yoon had ABADONED HIS DEFENSE, Mr David Hoh did not ENTER JUDGMENT ON THE GROUNDS THAT MR KWONG SEA YOON BEING THE POWER OF ATTORNEY OF 1ST RESPONDENT AND THEIR REPRESENTATIVE IN THIS PETITION HAD ABANDONED HIS DEFENSE ? Mr Stephen Lim had no locus standi to apply IN HIS OWN RIGHT FOR AN ORDER TO STRIKE OUT in substitution for Mr Kwong Sea Yoon, without a proper resolution by the said Company (resolution which required the joint endorsements and signatures of Stephen Lim and Petitioner as the only two promoters and share holders of the company).<br />I have stated very briefly the relevant facts to judge Zainon Binti Mohd. Ali's performance as a Judge who adjudicated my wife's case. The biggest flaw and the most incriminating evidence of Judge's criminal conduct is the fact that my wife had stated in stark, precise conclusive terms, THAT SHE HAD ONLY ONE SINGLE PROMOTER'S SHARE; and the respondents by the statement of Mr Kwong Sea Yoon HAD AFFIRMED THAT HE HAD WITNESSED MY WIFE SIGN TRANSFER OF HER "ENTIRE SHARE HOLDING"; and add to this discrepancy, both my wife and I had made 3 police reports to charge respondents for PERJURY ! more incriminating than the charge of perjury is the fact that MR KWONG SEA YOON HAD ABADONED HIS DEFENSE AND THIS IS EVIDENCE THAT JUDGE ZAINON BINTI MOHD. ALI HAD COLLUDED WITH RESPONDENTS BY ACCEPTING RESPONDENTS' APPLICATION TO STRIKE OUT.<br />Did Judge Zainon in these circumstances (3 police reports of pejury & forgery plus the admission into evidence of fabricated documents that were obviously & visually forged ) NOT HOLD SUCH OBVIOUS DISCREPANSIES SUFFICIENT REASON FOR APPROVING LEAVE TO PETITIONER TO CROSS EXAMINE ? Judge Zainon binti Mohd. Ali had no CONCEIVABLE support in Law or Equity to EVEN ENTERTAIN SUCH A APPLICATION for an order for striking out. This is no mere mistake, IT IS EVIDENCE OF COLLUTION. Respondents had filed their application with CRIMINAL SUPPORT OF JUDGE ZAINON BINTI MOHD. ALI.<br />There is the other issue that is even more damning to the criminal conduct of Judge Zainon Binti Mohd. Ali. She approved to respondents security for costs in the sum of Rm.60,000 which my wife promptly paid into hands of respondents' solicitors. This payment of Rm.60,000 was accepted by respondents and they are still keeping our Rm.60,000 UP UNTIL EVEN TODAY ! The acceptance of my wife's security for costs by respondents constituted a contract that upon acceptance of such security for costs the respondents undertook to defend their case.<br />Another reason that makes a lie of Judge Zainon's reason for approving respondents' application for striking out is the FACT THAT RESPONDENTS HAD ALREADY PLEADED A DEFENSE TO PETITIONER'S CAUSE OF ACTION. Respondents had already pleaded their defence that Petitioner had sold her shares, therfore she did not have locus standi to pursue her petition. In these circumstances, how can the judge award to respondents an order for striking out ON THE GROUNDS THAT PETITIONER HAD NO CAUSE OF ACTION ?<br />This morning I read in the AUSTRALIAN FINANCIAL REVIEW )March, 21-22nd, 2009 the STORY OF THE JAILING OF AUSTRALIAN FORMER FEDERAL JUDGE MARCUS EINFELD; I QOUTE FROM THE Australian Financial Review at Page 5, :<br /><br />The charge of perjury arose after Einfeld --who became a barrister in 1962, a silk in 1977, and a Federal Court Judge in 1986 before retiring to return to the bar in 2001 --denied he was behind the wheel of his LEXUS WHEN IT WAS SNAPPED FOR SPEEDING in Sydney on Jan. 8th, 2006, The offence carried a $77 fine and 3 demerit points. He swore a statury declaration and later told a local court the car had been driven by a friend, Teresa Brennen, and the charge was dismissed by the Magistrate. However, the police started a perjury investigation when it emerged that Professor Brennen had dies in a car accident three years earlier, and after Einfeld changed his story in an attempt to explain. 2 weeks later, Einfeld made a 20 page statement asserting he was not drining the car at the time of of the speeding offence, and he had lent it to another woman he originally met in Bangladash whose name was also brennen.<br />This statement, which Justice James said included "knowingly false assertions" formed the basis of the second and,in Justice James's opinion, more serious charge. He sais Einfeld's pervertion of the course of justice was clearly premediated ' and that "considerable planning had gone into the statement :The motive for committing the second offence was simply to escape conviction for perjury", Justice James said.<br />Einfeld's "deliberate, premediated perjury" was "PART OF A PLANNED CRIMINAL ACTIVITY" and "clearly committed by by Mr Einfeld for his own benefit"<br /><br />Here we see a retired Judge of the Australian Federal Court, a QC., go to jail for trying to avoid a fine of $77. He was convicted for perjury and imprisoned for 3 years." This is what rule of law, that requires Judges to enforce the rule of law WITHOUT FEAR OR FAVOUR".<br /><br />In my wife's case Judge Zainon committed, the most obvious criminal transgression for an offence for MALFEASANCE, (2) perverting the course of justice (3) Participated in a Comspiracy to obtain money under false pretences (Aidin & abetting perjury & forgery (4)Obstructing police investigation and many more.<br />I had phoned the President of the Court of Appeal, Tan Sri Alluaddin at his office but he was not in, so his secretary told me to phone Judge's SPECIAL OFFICER AT PH. NO. 603 8880 3711 and his name is Mr "Nithi", and when I phoned as instructed, there was no response; and the curious thing is, LIKE MY PREVIOUS CALLS TO CHIEF JUSTICE TAN SRI ZAKI AZMI AND THE FORMER PRESIDENT OF THE COURT OF APPEAL, to who I stated plainly WHAT MY ISSUE WAS FOR PHONING THEM, ALL OF THEM JUST RAN AWAY AND THEY DARE NOT ANSWER THE PHONE AT ALL KNOWING THAT I WAS AT THE OTHER END BECAUSE I TOLE THEIR SECRETARY THAT I WOULD CALL AT THOSE TIMES.<br /><br />THESE TOP JUDGES JUST RAN AWAY FOR FEAR THAT THEY WILL BE DEEMED TO BE ACCESSARIES AFTER THE FACT.<br /><br />+60388884522,ChiefJusticeTanSriZakiAzmi,+60388884522,AppealsCourtPresidentTanSriAlauddinMohdSheriff,<br />+60388803726,,DatoZainonbintiMohdAli,+60388884522,ChiefJudgeofMalayaDatukArifinZakaria,<br />+60388884522,DatukZulkefliAhmadMakinudinFederalCourtJudge,+60388889362,TunAbdulHamidMohamad,<br />+60823115515,TanSriSteveShimLipKiong,+60823115515,DatukAmir,+6082313400,ClementAllenSkinner,<br />+6082313400,LauBeeLan,+60388884522,TanSriLCVohrah,+60388884522,DatukSeriAinumMohdSaaid,<br />+60388884522,JudgeAugustinePaul,+60388884522,JusticeMohamadAriffYusof,+60388889362,DatukKamaludinMdSaidAGchambers,<br />+60388889362,SeeMeeChunseniorfederalcounsel,+30688889562,SaifulHazmiMohdSaadMalaysianAntiCorruptionCommissiondeputypublicprosecutor, +60326943950,judgeNoradidahAhmadAmpangSessionsCourt, +60388884522,JusticesNikHashimNikAbRahman,<br />+60388884522,JusticeZulkefliAhmadMakinudin,+60388889362,DPPTunAbdMajid,+60388884522,FederalCourtJusticeNikHashimNikAbRahman,+60388884522,DatukAziahAliNazriHighCourtjudge,+60326943950,JusticeRozinaAyobSessionsCourtjudge,<br />+60823115515,TanSriRichardMalanjumandSabahandSarawakChiefJudge,+6052417070,MrSpeakerSiva,+60388889377,PegawaiKhasKpdPeguamNegara,+60388889377,PegawaiKhasKpdPeguamCaraNegara,+60388889377,TimbalanKetuaBahagianIPolisi,<br />+60388889377,TimbalanKetuaBahagianIIOperasi,+60388889377,KetuaUnitPenyelidikan,+6088233690,DeputyPublicProsecutorSabah,<br />+6072232995,DeputyPublicProsecutorJohore,+60355101775,DeputyPublicProsecutorSelangor,+6082243446,DeputyPublicProsecutorSarawak,+6042285644,KetuaUnitPendakwaanPejabat,+6097447160,DeputyPublicProsecutorKelantan,+60388889562,KetuaPengarahAhmadSaidHamdanDatoHj,+60388889560,TimbalanKetuaPengarahIAbuKassimMohamed,+60388889558,TimbalanKetuaPengarahIIZakariaHjJaffarDatoHj,+60388889489,PengarahMohdShukriAbdullHj,+60388889536,MohamadHidayatAliOmar,<br />+60388889527,PengarahShamsunBaharinMohdJamil,+60388889552,PengarahNordinHasssan,+60388889508,PengarahShaharuddinKhalid,+60388889545,PengarahChuahChangMan,+60388889568,PengarahSutinahSutanHjh,+60388893064,PengarahAhmadSabriMohamed,+60362016197,PengarahRRathakirushnan,<br /><br />LET ME END MY COMMENT WITH A FINAL JOKE ON JUDGE ZAINON BINTI MOHD. ALI ! WHEN ZAINON APPROVED THAT RIDICULOUS ORDER TO STRIKE OUT, SHE TOLD MR DAVID HOH (my wife's counsel) "that if your client does not like it, he can appeal, my decision". CAN YOU IMAGINE THE ABSOLUTE HILARITY OF THIS COMMENT ? The appeal process requires the respondents(being the party who are dissatisfied with the award of RM.60,000, when they applied for security for costs of RM.650,000 to prove just one document, the non existent company resolution) which should be in their possession, since they are managing the company),to appeal the quantum of the award of security for costs. My wife was happy to pay the security for costs of Rm.60,000). The logic requires respondents to appeal not my wife ! JESUS !<br />This shows very positively that Judge Zainon binti Mohd. Ali does not even know what the appeal process mean, whatsoever. This is the level of competance OR MORE CORRECTLY TO SAY THE LACK OF COMPETENCE OF JUDGE ZAINON BINTI MOHD. ALI. SUCH A GLARING IGNORANCE OF A BIT OF TRIVIA ! She does not know what the Appeal Process mean and she is a judge of the Court of Appeal. In these days of electronic wonderment at the click of the mouse, NO ONE CAN HIDE THEIR SINS BECAUSE THERE ARE NO SECRETS that can remain secrets. Zainon thought she could hide my wife's claim in the Malaysian graveyard of appeals that can never see the light of day, but she is wrong; SHE HAS BEEN COUFHT OUT, the question is whether all of you listed herein will ENFOREC THE LAW or more likely WILL YOU CONTINUE TO PROTECT CRIMINALS AND UNCONVICTED CRIMINALS. The respondents perjured, forged documents, fabricated documents and conspired to pervert the course of justice and the law; and you AUGUST JUDGES AT THE HIGHEST LEVEL OF THE JUDICIARY WILL AID AND ABET THE PERPETRATION OF CRIMES AGAINST PROVISIONS OF THE PENAL CODE ?<br /><br />DO YOU 49 JUDGES, PROSECUTORS, SENIOR MEMBERS OF THE LEGAL FRATERNITY WILL AID AND ABET THE PERPETRATION OF CRIMES ! yOU ARE A FUNNY LOT !<br /><br />yapchongyee@gmail.com Blog : Http://yapchongyee.blogspot.comYap Chong Yeehttp://www.blogger.com/profile/01049964149247000909noreply@blogger.com0tag:blogger.com,1999:blog-6857074560130705298.post-63237781104461661262009-03-18T10:59:00.000-07:002009-03-18T11:00:33.083-07:00JUDICIAL EXPOSE' JYAP CHONG YEE, 5a Prinsep Road, Attadale, 6156, Perth, http://yapchongyee.blogspot.com<br />TO, Dato Mohd. Raus Shriff; Judge Manager,<br />Re : Originating Petition No. D2-26-41 OF 2001 ;<br />Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd<br />I wish to express my thanks to you, Dato Mohd. Raus Shriff for being very accommodating on the two or three occassions that I was fortunate to speak to you. In our discussions I had argued that Judge Zainon's 2nd order for striking out my wife's petition was illegal and made in abuse of her powers. She having made her 1 st order for security for costs CANNOT again go on to approve a 2nd order for striking out because the two orders are conflicting ones and the existence of one CANCELS OUT THE OTHER LOGICALLY. For the two to exist at the same time makes NONSENSE of decision. The most important point that developed upon respondents ACCEPTANCE OF MY WIFE'S PAYMENT OF RM.60,000 towards providing said security for costs pursuant to Judge Zainon's order IS THE COMING INTO EXISTENCE OF A DE FACTO CONTRACT BETWEEN RESPONDENTS ON ONE SIDE AND PETITIONER ON THE OPPOSITE SIDE OF THE PETITION. This de facto contract binds respondents upon accptance to go to trial of the issues of said petition.<br />In these circumstances, I hold the order for striking out as illegal, unlawful and void absolutely. I had forbiddened Mr David Hoh from making an appeal but he had gone on to file an appeal disregarding my instructions. However, I have decided to act in a most unconventional manner; and I intend to take on Judge Zainonin a free for all bar fight. I shall vocally charge judge Zainon in public foyer or open court of the High Court in KL. My intention is to have Judge Zainon defend her reputation in court, a one on one in Court.My criminal charges against Judge Zainon will be for the following : (1)conspiracy to pervert the course of justice (2)obstrating a police officer from properly conducting a police investigation (3)conspiracy to obtain money undr false pretences (4)aiding & abetting perjury & forgery (5)abuse of judicial powers (6) MALFEASANCE IN OFFICE...and more.<br />I am still trying to understand what form of pervertion lurks in the mnd of Judge Zainon in this situation, Respondents Lim Cheng Ban, Wong Kem Chen and Kwong Sea Yoon all perjured in their supporting affidavits and Lim Cheng Ban submitted forged and fabricated documents and when Petitioner applied for leave to cross examine the respondents for perjury & forgery, Judge Zainon refused leave for Petitioner to cross examine, while at the same time she stopped police officer Inspector Fawzi of Balai Polis Jln Tun HS Lee from conducting his investigation into both Petitioner's and my 2 police reports charging said respondents for perjury & forgery. Judge told Inspector Fawzi that he can investigate only after the trial of the said petition, but after the petition was struck off Judge Zainon did not instruct Insp. Fawzi to RESUMME HIS POLICE INVESTIGATION. Is this not OBSTRUCTION on the part of Judge Zainon to stop police investigation ? I WANT TO ASK JUDGE ZAINON WHY PETITIONER IS NOT ALLOWED TO PROVE THAT RESPONDENTS PERPETRATED PERJURY & FORGERY ? Is this not hindering the court process in favour of respondents ?<br />I am now laying my game plan and nothing more; I demand that Judge Zainon repair the damage she had done to stop Insp. Fawzi from performing his police duties. I want Judge Zainon to keep her word that my wife's and mine 3 police reports be investigated as was represented by Judge Zainon when she alledged to Insp. Fawzi that he could resume his police investigation after the trial of said Petition. My purpose in perpetrating my unconventional method is to obtain maximum bad publicity for the reputation of Judge Zainon if Insp. Fawzi is not given the opportunity to resume his police duties. Judge zainnon had unlawfully helped his friends who are the respondents Stephen Lim Cheng Ban, Wong Kem Chen, because these 2 respondents are friends of Mr Vincent Tan who was/is a friend of Chief Justice Tun Fairoz. It is my belief that UNLAWFUL INFLUENCE was brought to bear to cause Judge Zainon to throw out my wife's Petition "with the bath water; because no judge in her right mind would have done what Judge Zainon had done in all innocence. She has unfinished business and that is to keep her word that police investigation will resume AFTER THE CASE IS DISPOSED OFF AS IT IS HERE.<br />The police investigation is the most simple to achieve the required positive results, I had in an earlier post STATED PLAINLY THAT the supporting affidavit of Stephen Lim CANNOT, by its very nature itself, be DEEMED to be EVIDENCE in any shape or form ACCORDING TO THE LAW OF EVIDENCE, because (even if they are not fabricated AND THEY ARE IN FACT FABRICATION) as stated even if they are not fabrication, THEY CANNOT, in the form as exhibited, in Stephen Lim's supporting affidavit, ACHIEVE THE ALLEDGED TRANSFER OF MY WIFE'S ALLEDGED NON EXISTENT share holding (because my wife held only the one promoter's share that had no share certificate, and that being the case her share CANNOT BE TRANSFERED FOR LACK OF A SHARE CERTIFICATE ); WHAT WAS SWORN AS FACT IN STEPHEN LIM'S SUPPORTING AFFIDAVIT WAS PERJURY. POLICE INVESTIGATION WILL BE COMPLETE BY THE MERE DETERMINATION IF CERTIFICATE "2" & "4" AS ALLEDGED BY STEPHEN LIM TO BE THE CERTIFICATE EVIDENCING MY WIFE'S SHARE HOLDING IN SAID COMPANY. IF CERTIFICATE 2 & 4 CAN BE PROVEN TO EXIST THEN MY WIFE AND I HAVE PERJURED, IF NOT THEN IT IS NAUGHT ! If as alledged by Stephen Lim, certificate 2 & 4 can be proven to exist, then RESPONDENTS WILL HAVE PROVEN THEIR CASE. If certificate No. 2 & 4 exist then by the requirements of the Company's Act, RESPONDENTS MUST HAVE THEM IN THEIR POSSESSION BECAUSE THEY HAVE BEEN RUNNING THE COMPANY AT THE RELEVANT TIME, because a transfer of a share in a registered company is by surrendering the share certificate to be transfered accompanied with the share transfer form duly completed by the vendor FOR CANCELLATION, in exchange for a freshly issued replacement share certificate with a new certificate number ISSUED TO THE PURCHASER AND NEW HOLDER OF THAT SHARE SOLD. IT IS THAT SIMPLE !<br />"Judge Zainon "broke it", Judge Zainon fix it ! This is how I SHAME THE HIGH COURT OF MALAYSIA. The Order for strike-out is illegal and an abuse of judicial powers of Zainon; hence it is void. That leaves the order for security for costs that had been fully complied with by my wife's payment of RM.60,000 and duly accepted by respondents WITHOUT ANY CONDITION WHATSOEVER ! Here is where the SHAME OF THE HIGH COURT OF MALAYSIA LIES, it is conceptually the HIGH COURT OF MALAYSIA THAT NOW HOLDS MY WIFE'S SECURITY FOR COSTS (not the respondents' solicitors because that sum is by normal practise paid INTO COURT and it was not only by the order of Judge Zainon). The High Court cannot disburse the RM60,000 because there was no trial and hence respondents CANNOT GENERATE A VALID BILL OF COSTS TO BE TAXED ! Petitioner will not accept RETURN OF SAID RM60,000 (NOW RM.80,000) because there is no order TO FUCKING SET ASIDE THE ORDER FOR SECURITY FOR COSTS. THE SHAME TO THE HIGH COURT OF MALAYSIA IS THAT THE COURT PROCESS HAS BEEN HELD HOSTAGE BY AN ILLEGAL & UNLAWFUL & SHAMEFUL ILLITERATE ORDER TO STRIKE OUT ! HIGH COURT OF MALAYSIA IS CAUGHT IN A QUAKMIRE; because it was brought about by a judge of the Court of Appeal of Malaysia who is a LAW ILLITERATE !<br /><br />I & my wife are HARD UP FOR THE RETURN OF OUR RM,80,000, but to shame the High Court of Malaysia, we decided that it is more than worth its weight in gold for the HIGH COURT OF MALAYSIA TO RETAIN OUR HARD UP MONEY (which we borrowed)and be known to be HOLDING MONEY THAT HAD BEEN OBTAINED UNDER DUBIOUS CIRCUMSTANCES ! Under False Pretences ? To my mind, and I discussed this with dato Mohd. Raus Shriff, THERE IS ONLY ONE COURSE OPEN TO THE HIGH COURT OF MALAYSIA, and that is to ORDER A POLICE INVESTIGATION OF STEPHEN LIM'S SUPPORTING AFFIDAVIT FOR PERJURY & FORGERY AMONG OTHER CRIMES. Let me assure you, they are forgery ! and after prosecution of Stephen Lim, Wong Kem Chen & Kwong Sea Yoon for their crimes, THEN PETITIONER WILL TAKE JUDGEMENT ON THE GROUNDS THAT RESPONDENTS HAVE FAILED IN THEIR DEFENCE ! THIS IS THE LAW AND WE WILL NOT COMPROMISE. High Court of Malaysia KEEP OUR RM80,000 AND LIVE WITH YOUR SHAME ! This letter will go out as fax to 380 legal practitioners in KL & Selangor AND TO 49 SENIOR JUDGES AND COURT OF APPEAL JUDGES (including Judge Zainon for laughs! ), Public Prosecutors, MACC directors etc.. Hey ! High Court of Malaysia you are illegally retaining STOLEN MONEY ! SHAME !<br />+60388884522,ChiefJusticeTanSriZakiAzmi,+60388884522,AppealsCourtPresidentTanSriAlauddinMohdSheriff,+60388884522,DatoZainonbintiMohdAli,+60388884522,ChiefJudgeofMalayaDatukArifinZakaria,+60388884522,DatukZulkefliAhmadMakinudinFederalCourtJudge,+60388889362,TunAbdulHamidMohamad,+60823115515,TanSriSteveShimLipKiong,+60823115515,DatukAmir,+6082313400,ClementAllenSkinner,+6082313400,LauBeeLan,+60388884522,TanSriLCVohrah,+60388884522,DatukSeriAinumMohdSaaid,+0892214436,ChiefJusticeWA,Yap Chong Yeehttp://www.blogger.com/profile/01049964149247000909noreply@blogger.com0tag:blogger.com,1999:blog-6857074560130705298.post-32347723100445879902009-03-15T21:58:00.000-07:002009-03-15T22:00:26.829-07:00JUDICIAL EXPOSE' IYAP CHONG YEE, 5a Prinsep Road, Attadale, 6156, Perth, <a href="http://yapchongyee.blogspot.com/">http://yapchongyee.blogspot.com</a>Dear Sir, Tan Sri Zaki Azmi, Chairman Judicial Appointments Commission, Dated 17/Feb.,?2009 Re : Originating Petition No. D2-26-41 OF 2001 ; Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd.To Editor of Malaysians unplugged, Re : Comments to article on the dismal performance of J Commissioner Ridswan. My comments that are stated here will also be the same one that I will fax to 46 Judges, Prosecutors and anti-corruption senior officers. If J. Commissioner Ridswan can be sacked for such obvious lack of knowledge of the law as a judge then will this call for the sacking of any such similar cases of judges who have demonstrated a similar gross lack of learning of the law be also sacked for the same reason ? It does not take an Einstein to appreciate that a judge of any high court of any nation has to be a person who is well versed in the law and that only such learned lawyer deserves to serve at the highest level of the judiciary. In Malaysia, judges who have just a mere and very elementary knowledge of the law do get appointed to the bench at the highest level and in most of these cases, it is more acceptable to their ego to be known to be corrupt than to be discovered to be fools on the bench. It is not too difficult to understand why cases in our courts take on an average 10 years to 15 years to end and in most of the cases there is found to be miscarriage of justice and the law. THERE IS NO JUSTICE IF THE LAW IS MISAPPLIED ! Judges upon appointment to the bench TAKE AN OATH of office and affirm that they shall carry out the enforcement of the law without fear or favour; and by the oath if they are discovered to be acting with intention to pervert the course of the law, then by their oath they must be found to be in breach and therefore must by law be dismissed ! Why has the contract of this errant judge been extended ? Do the oath of a judge to observe and enforce the law not mean anything to the Chief Justice ? This is what the state of the law has become, even the Chief Justice can aid and abet the abuse of power of one of his judges and be rewarded for acting with obvious disrespect for the law and to serve both a narrow and partisan interests. This is not an honest to goodness administration of the law; this is in fact a joke ! I too have the misfortune to be the victim of another errant judge of the High Court of Malaysia and now she sits on the bench of the Court of Appeal; her name is Judge Dato Zainon binti Mohd. Ali of the Court of Appeal. She too like this judge Ridsawn, had disrespected the law and abused her powers as a judge. She approved to the respondents of my wife’s Originating Petition No. D2-26-41 OF 2001;Lim Choi Yin v. McLaren Saksama (M)Sdn. Bhd. A order for security for costs and when my wife had paid the sum of RM.60,000 into the hands of respondents’ lawyers as pursuant to her order for security; JUDGE Zainon binti Mohd. Ali went promptly on further to approve to respondents a 2nd and conflicting order to strike out petition. This 2nd order for striking out was made even without a preceding order to set aside the 1st order for security for costs. Therefore, as a consequence the RESPONDENTS RETAINED MY WIFE’S RM. 80,000 (being original Rm.60,000 plus at 5% interests accruing to reach now at Rm.80,000). Money which I borrowed from my daughters at 30% interest per year compound. Here is another case of a judge who is an illiterate in the law because approving both a order for security for costs and then to follow up with another order for striking out (without having cancelled the 1st order for security for costs) is like HAVING THE CAKE AND EATING IT TOO. A judge at the highest level of judicial office who does not know the simple mechanics of the judicial process IS NOW SITTING ON THE BENCH OF THE MALAYSIAN COURT OF APPEAL, is this not SCARRY to you ? I will come to the High Court in KL to confront Judge Zainon binti Mohd. Ali as having committed the several offences : (1) conspiracy to pervert the course of justice, (2)Malfeasance in office (3)co-conspirator to respondents OBTAINING MONEY UNDER FALSE PRETENCES (4)Abuse of judicial powers and many others; anyway these few should by law put Judge Zainon away in prison for a very long time. I have on many occasion tried to provoke Judge Zainon to sue me in Perth but that is not going to happen because our judges in Perth are honourable men of impeccable learning and ethical beyond question. I fear to take action against Judge Zainon in Malaysia because the judges there are of questionable ethical standing and learning of the law; I will most likely be thrown into jail under a detention order under the ISA. NOT WISE ! However I will come to KL to face off against Judge Zainon binti Mohd. Ali if I can be assured by Judge Mohd. Raus Shariff, to whom I had on 3 occasions discussed my case against Judge Zainon binti Mohd. Ali and I find that Judge Mohd. Raus Shariff a reasonable and accommodating man. I TOLD JUDGE MOHD. DARIUS SHARIFF that it is absolute nonsense that my wife’s case should be struck out, when the process had reached the stage when our counsel Mr David Hoh had attended 2 appointments for CASE MANAGEMENT ! HOW COULD JUDGE STRIKE OUT IN THESE CIRCUMSTANCES; and in addition other more damaging issues against her striking out exist as well. As I said I will come to KL to face off against Judge Zainon IF JUDGE MOHD. RAUS SHARIFF WILL ASSURE ME THAT NO SUCH DETENTION UNDER THE ISA WILL ISSUE AGAINNST ME FOR DISPARAGEMENT OF JUDGE ZAINON. I will come to KL and repeat my criminal charges against Judge Zainon and the Judge will have cause to charge me under the criminal defamation law and we will then fight it out in court. NO ISA DETENTION PLEASE ! YAPCHONGYEE<br />JUDGES OF MALAYSIA'S HIGH COURT & COURT OF APPEAL+60388803724,TanSriAlauddinMohdSheriff,+60388803724,DatoArifinZakaria,+60388803724,TanSriRichardmalajum,+60388803724,DatoZulkefliAhmadMakinudin,+60388803724,TunAbdulHamidMohamad,+60388803724,TanSriSteveShimLipKiong,+60388803724,TanSriLCVohrah,+60388803724,DatoSriAinumMohdSaaid,+60388803724,DatoMohddariusShariff,+60388803724,DatoJamesFoong,+60388803724,JusticeMohamadAriffYusof, Email :ychongyee@yahoo.com.au Blogg. <a href="http://yapchongyee.blogspot.com/">http://yapchongyee.blogspot.com</a>Yap Chong Yeehttp://www.blogger.com/profile/01049964149247000909noreply@blogger.com0tag:blogger.com,1999:blog-6857074560130705298.post-71051997407388971052009-03-15T21:56:00.000-07:002009-03-15T21:58:08.677-07:00JUDICIAL EXPOSE' G(1B)Judicial Expose' G(1b)<br />YAP CHONG YEE, 5a Prinsep Road, Attadale, 6156, Perth, http://yapchongyee.blogspot.com<br />Dear Sir, Ketua Pengarah Ahmad Said Hamdan Dato Hj Dated 23 /Feb.,2009<br />Re : Originating Petition No. D2-26-41 OF 2001 ;<br />Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd.<br />This morning I received again a copy of covering letter enclosing, appeal papers, described as per :<br />Dalam Makamah Rayuan Sivil No: W-02-612-2006<br />(Makamah Tinggi Kuala Lumpur Guaman Sivil No: D2-26_41-2001)<br />Lim Choi Yin -v_ McLaren Saksama (M)Sdn. Bhd. & 5 Lagi<br />I fear the only words that I can read is the title of the petition; WELL I SUPPOSE THE JOKES ON ME. No matter, I had forbiddened Mr David Hoh to appeal that SHAMEFUL order for striking out in the 2 CONFLICTING ORDERS THAT WERE APPROVED BY JUDGE DATO ZAINON BINTI MOHD. ALI in a fit of rage by Dato Zainon to wreak revenge on me for reporting her to the former Chief Justice Tun Fairoz; but alas her learning of the law was so inadequate that she did not know that she had acted criminally and incriminating herself in the breach of several criminal offences in so doing. A judge of the Court of Appeal, who does not know enough law TO SAVE HER OWN LIFE. The one criminal offence that I like best is the fact that in her absolute illiteracy of the law, SHE APPROVED STEPHEN LIM'S SUPPORTING AFFIDAVIT THAT WERE IN FACT AND IN LAW OF EVIDENCE AMOUNTED TO A PILE OF DOG SHIT, just bloody ordinary toilet paper. No lawyer, not even one who may have been trained in Malaysia, can accept as evidence, Stephen Lim Cheng Ban's affidavit (the alleged company share transfer (forgery) forms were not stamped and the alledged share certificates allegedly said by Stephen Lim to be share certificate No. 02 and 04 were not annexed to his supporting affidavit as exhibits ). Obviously judge Zainon thought she could accept tham as evidence even though she must have known that they were utter trash, and her errant action here IS EVIDENCE THAT SHE INTENTIONALLY ADMITTED TRASH AS EVIDENCE and this serves as evidence that Judge Zainon KNEW THAT SHE WAS PARTICIPATING IN A CONSPIRACY TO PERVERT THE COURSE OF JUSTICE AND THE LAW. I had submitted in my many fax letters exposing Judge Dato Zainon's UTTER ILLITERACY OF THE LAW & her actions amounted in law to her participation in the respondents' conspiracy to commit fraud, perverting the course of justice and the law, that by her actions she participated in a conspiracy to commit FORGERY AND PERJURY and by her actions she had pro-actively participated in a conspiracy to obtain money under false pretences; and by lord almighty, SHE IS A JUDGE ON THE COURT OF APPEAL BENCH. "SHAME OR NOT ?"<br />I can see with sniggers and glee that Judge had no idea what she was doing on the Bench of the High Court adjudicating my wife's Petition. A Judge who has no idea what the difference is between "ORDER FOR SECURITY FOR COSTS" and an "ORDER FOR STRIKING OUT" is a danger to society. Hey Judge the difference is, in one order it is the 'front face of the coin" and the other is the "arse hole of the coin"; they do not look the same BECAUSE THEY ARE 2 SIDES OF THE SAME COIN and a judge who knows her law will know that you, JUDGE ZAINON CAN ONLY BUT APPROVE ONE ORDER OR THE OTHER ORDER, but not two fucking orders together and at the same time ! It is best expressed as a math equation thus (-) + ( +) = 0 Hey Judge Zainon your 2 opposing order equals a big fat ZERO like your head, knock your head with a piece of metal and you get the noise "PING" ! JUDGE ZAINON ! YOU STILL GOT MY WIFE'S RM60,000 PLUS RM20,000 INTEREST ACCRUED !<br />I want everyone to know that Mr David Hoh, counsel for my wife had kept himself incommunicado for 3 years, AND THAT MY WIFE HAD NOT AT ANYTIME received any of Dato zainon's JUDGMENT for the 2 conflicting orders; and that in spite of my countless request made to Mr David Hoh to send to me a copy of Judge Zainon's judgment, I nor my wife had ever received any such judgment. I have no idea what are the grounds of Mr David Hoh's appeal and I do not know what were the grounds for Judge Zainon's audacious approval for striking out, my wife's petition BECAUSE I DEARLY WANT TO EXPOSE THEIR CONTENT TO ALL MALAYSIAN PRACTICING LAWYERS, so they can know the quality of Judge Zainon's knowlege of the law or indeed the lack of it. DAVID HOH I WNT YOU TO SEND TO ME JUDGE ZAINON'S JUDGMENT SO I CAN FAX THEM TO THE PUBLIC for a hoot and a belly aching laugh !Yap Chong Yeehttp://www.blogger.com/profile/01049964149247000909noreply@blogger.com0tag:blogger.com,1999:blog-6857074560130705298.post-50603518798114758362009-03-15T20:08:00.001-07:002009-03-15T20:08:43.040-07:00JUDICIAL EXPOSE' GYAP CHONG YEE, 5a Prinsep Road, Attadale, 6156, Perth, <a href="http://yapchongyee.blogspot.com/">http://yapchongyee.blogspot.com</a>. Dated Re : Originating Petition No. D2-26-41 OF 2001 ; Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd Dear Tan Sri Zaki Azmi,Chairman Judicial Appointments CommissionI have written to you many times complaining the criminal conduct of Judge Dato Zainon binti Mohd. Ali, but you have never ever replied nor even so much as acknowledged receipt of my letters. I have written to you officially and it is only normal courtesy that you at least reply to my letters as Chief Justice to my complaint that charges one of your senior Judges with criminal conduct. Do you not respect the dignity of your office as the Chief Justice of Malaysia ? Do you not want to prosecute me for publicly charging (because I fax all my letters to all legal practitioners in KL)one of your senior judges, Dato Zainon binti Mohd. Ali of your COURT OF APPEAL with having committed several serious criminal offences like aidding & abetting Perjury, Forgery and fabricating documents etc. ? I too graduated law from the University of Singapore in 1967 and practised law in Malaysia. I just want you to know that I am no crank ! I have spoken to your Judge Manager Dato Mohd. Raus Shariff on the same complaint. My wife filed an application to wind up her company but respondents PERJURED & FABRICATED DOCUMENTS and my wife was refused her application for leave to cross examine respondents ALTHOUGHT JUDGE ZAINON BINTI MOHD. ALI HAD GOOD REASON TO BELIEVE THAT RESPONDENTS HAD LIED AND FABRICATED DOCUMENTS; I can prove this charge if I am allowed opportunity to prove they fabricated those documents. My complaint is very simple, we(wife & I ) are naturalised Australians and Judge Zainon binti Mohd. Ali had APPROVED TO RESPONDENTS SECURITY FOR COSTS OF RM.60,000 AND MY WIFE PAID THIS SECURITY FOR COSTS INTO RESPONDENTS HANDS by the terms of judge Zainon binti Mohd. Ali’s order (not into court as normal, IS THIS NORMAL IN MALAYSIA ?). The respondents after having received said RM 60,000, went on to apply for a 2nd order to strike out said petition AND BY THE BEARD OF JESUS, JUDGE DATO ZAINON BINTI MOHD. ALI APPROVED RESPONDNTS 2nd APPLICATION TO STRIKE OUT EVEN BEFORE ANY APPLICATION HAD BEEN MADE TO SET ASIDE HER FIRST ORDER FOR SECURITY FOR COSTS. No Order to set aside Judge Zainon’s 1st Order for security for costs was ever made. Just like the politics of Perak there are now two valid and OPPOSING ORDERS; never in the history of the English Common Law had there been a JUDGE OF THE COURT OF APPEAL RANK to have approved an order for security for costs and then go on and approved a 2nd order to strike out. This is awfully shameful ! Quite apart from such NONSENSE, Judge has caused the respondents to retain illegally and unlawfully my RM.80,000 (Rm.60,000 capital plus RM.20,000 interest accruing up until now. I am a retiree and I borrowed this security for costs from my daughter at 30% interest/year compound. It is just nonsense that Judge is allowed to keep my money after having struck out our petition. I have spoken to Dato Mohd. Raus Shriff of my complaint twice on his hand phone. I told him as I tell you that it is just nonsense to ask me to sit on my hands loosing this RM80,000 at 73 years old and soon to meet my maker, What do you expect me to accept that this RM,80,000 is most likely to be shared by Judge Zainon binti Mohd. Ali M/s Lim & Hoh (my wife/s solicitors,) and M/s Annad Noraini, Solicitors for resondents). Do you not have sufficient respect for the Malaysian Judiciaryto want to protect the reputation of Malaysia ? I call Dato Zainon binti Mohd. Ali AN UNCONVICTED CRIMINAL. WANT TO EXTRADICT ME ON A CRIMINAL CHARGE FOR BREACH OF CRIMINAL DEFAMATION ACT ? My defense is TRUTH !<br />Copy :Malaysian Insider, Tan Sri Alauddin Mohd Sheriff, Datuk Arifin Zakaria and Tan Sri Richard Malanjum, Judge Datuk Zulkefli Ahmad Makinudin, Tun Abdul Hamid Mohamad, former Chief Judge of Sabah and Sarawak Tan Sri Steve Shim Lip Kiong,Tan Sri L.C. Vohrah, Datuk Seri Ainum Mohd Saaid. Dato Mohd. Darus Shariff, Dato James Foong.Yap Chong Yeehttp://www.blogger.com/profile/01049964149247000909noreply@blogger.com0tag:blogger.com,1999:blog-6857074560130705298.post-21649506650788878512009-03-15T20:00:00.000-07:002009-03-15T20:04:29.146-07:00JUDICIAL EXPOSE'YAP CHONG YEE, 5a Prinsep Road, Attadale, 6156, Perth, http://yapchongyee.blogspot.com12:17 PM 16/01/2009<br />TO,<br />DEAR Dato Mohd. Rause Shariff,<br />Dato James Choong,<br />Re : Originating Petition No. D2-26-41 OF 2001 ;<br />Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd<br />I spoke to Dato Mohd. Raus Shariff, Judge Manager, this morning and discussed my letter Judicial Expose' (special A ), but Judge Manager Dato James Foong dared not take my call and his secretary told me to refer the matter to the Chief Justice, that is as good as saying "forget it", because I had on several occassions tried to talk to the Chief Justice on the phone but C J Tan Sri Zaki just RAN AWAY and I wrote to him and drew no response whatsoever.<br />The most imporatant issue that was argued in my letter (judicial Expose A, and the issue that I raised in this discussion with Dato Mohd. Rause on the phone was the issue that I charged Dato Zainon binti Mohd. Ali for COMMITTING THE OFFENCE OF MALFEASANCE in APPROVING STEPHEN LIM'S APPLICATION FOR STRIKING OUT SAID PETITION AFTER STEPHEN LIM HAD ACCEPTED MY WIFE'S SECURITY FOR COSTS OF RM.60.000 and no Order was ever applied nor did Dato Zainon ever made any order to set aside HER ORDER FOR SECURITY FOR COSTS The rationale for making my charge against Dato Zainon for breach of Malfeasance was the acceptance by all respondents of said SECURITY FOR COSTS. This acceptance finalised a de facto contract for all the litigants to go to trial on the petition. IN THESE CIRCUMSTANCES JUDGE ZAINON'S APPROVAL FOR STRIKING OUT caused her to breach the criminal offence of Malfeasance, BECAUSE BY HER STRIKING OUT SHE HAD PARTICIPATED IN THE BREACH OF THIS de facto contract by Stephen Lim. Zainon's Order to strike out had SET STEPHEN LIM FROM HIS CONTRACTUAL OBLIGATION and this Order to strike out had PROTECTED Stephen Lim from his breach of this contract. In addition Dato Zainon on these facts had PARTICIPATED IN THE CONSPIRACY TO PERVERT THE COURSE OF JUSTICE, and conspiracy to obstruct police investigation by her instruction not to investigate my 3 police reports charging Respondents with PERJURY & FORGERY.<br />PLEASE REMEMBER THAT Dato Zainon is still retaining Rm.60,000, money that was obtained under false pretences and Dato Zainon HAD PARTICIPATED IN OBTAINING SECURITY FOR COSTS UNDER FALSE PRETENCES.<br />Dato Mohd. Raus suggested that my solicitors take the matter up on appeal; I said that Mr David Hoh, my wife's counsel had already done that, AGAINST MY INSTRUCTION NOT TO APPEAL . I said that this was wrong because IF THERE IS ANY APPEAL IT SHOULD HAVE BEEN RESPONDENTS WHO SHOULD APPEAL, because it was respondent, HAVING ACCEPTED HIS<br />SHARE OF SECURITY FOR COSTS, WENT ON TO APPLY TO STRIKE OUT. THIS IS NONSENSE, in these circumstances for Judge Zainon to approve his application for striking out. Dato Mohd. Rause then suggested that our solicitor should make an application to set aside the order for striking out on the grounds that it was an illegal order. I SAID I HAD ALREADY INSTRUCTED MR DAVID HOH TO APPLY TO SET ASIDE THE ILLEGAL ORDER, but that Mr David Hoh HAD MADE HIMSELF INCOMMUNICADO to my instructions and any attempt to communicate with him or his firm of M/s Lim & Hoh drew any response.<br />I also stated for a fact that Dato Zainon had applied pressure on Mr David Hoh and the actions of Mr David Hoh has been all calculated to disadvantage the prospect of my wife's petition. I also stated for a fact that because of the personal involvement of Judge Zainon, no lawyer in KL will represent our Petition.<br />Dato Mohd. Rause asked me to have Mr David Hoh call on him, and this morning I had tried on 3 occassions to contact Mr David Hoh or his father (senior Partner) Mr Frank Hoh but on all 3 occassions I was told they were not available. I had also mentioned to Dato Rause that Lim & Hoh will not and have not responded on all attempts to contact them.<br />I had suggested that I will attend the meeting with him for an appointment to be finalised; and it was agreed that I go to KL for this meeting. I WISH TO THANK DATO MOHD. RAUSE FOR AGREEING TO GIVE ME HIS TIME ON THIS ISSUE.<br />I had attempted to contact Mr David or Mr Frank to confirm that up to today NO COURT ORDER IS/HAS BEEN EXTRACTED TO ORDER THE STRIKING OUT OF MY WIFE'S PETITION. I have received from Mr David Hoh copy of letter to M/s Annad & Noraini (solicitors for Stephen Lim) ASKING THEM TO APPROVE MR DAVID HOH'S DRAFT FOR AN ORDER BUT UP TILL TODAY (2 YEARS FROM ALLEDGED ORDER TO STRIKE OUT) No Order to strike out has been sent to me or my wife. DOES IT MEAN THAT NO ORDER TO STRIKE OUT WAS EVER MADE BY JUDGE ZAINON BINTI MOHD. ALI ? It was for this reason that I had made 3 attempts to contact M/s Lim & Hoh to find out but drew no response; therefore my meeting with Dato Mohd. Rause will be discussed on this basis.<br />It is ridiculous and laughable that more than 2 or 3 years have passed since it was alledged by our solicitors M/s Lim & Hoh that my wife's Petition had been struck off and no ORDER FOR THE STRUCKING OUT HAS BEEN EXTRACTED. Is it because Judge Zainon binti Mohd. Ali IS TOO EMBARRASSED HAVING APPROVED THE ORDER TO STRIKE OUT, in such dubious circumstances and that the order to strike out will show her up to be ignorant of the law and a law illiterate ?<br />I WANT DATO MOHD. RAUSE TO KNOW THAT DATO ZAINON'S ILLEGAL ORDER TO STRIKE OUT INCLUDES HER ORDER FOR SECURITY FOR COSTS NOT BEEN SET ASIDE AND THAT SHE STILL ILLEGALLY RETAINS MY WIFE'S RM.60,000 PLUS RM.20,000 INTEREST ACCRUED SINCE PAYMENT MADE.IS THIS NOT ABSOLUTE IGNORANCE OF THE LAW by a Judge of the Malaysian Court of Appeal; you do not need to be a lawyer to know that it is BLOODY CRAZY AND LAW ILLITERATE TO RETAIN SECURITY FOR COSTS WHEN ZAINON HAS STRUCK OUT ! WHERE IS THE TRIAL TO DISBURSE THE SECURITY FOR COSTS ? CAN RESPONDENTS CREATE A BILL OF COSTS TO BE TAXED IN THE ABSENSE OF ANY TRIAL ?<br />HERE IS MY DILEMMA ! Is Dato Mohd Raus serious to want to solve this obvious embarrassment to the HIGH COURT OF MALAYSIA in a case that arises from the obvious CRIMINAL CONDUCT OF COURT OF APPEAL JUDGE ZAINON BINTI MOHD. ALI ? I say it is prudent to be cautious, I HAD RAISE MY DOUBTS BY ASKING IF HE WILL PUT AN I. S. A. order of detantion on me to muzzle me from exposing the criminal conduct of Judge Zainon.<br />What has to be discussed if I meet with Dato Mohd. Raus to solve this embarasment ? (a)To set aside Zainon's illegal order to strike out, I will have to depose to Judge Zainon's criminal conduct in my supporting affidavit; WHICH MEANS THAT CRIMINAL PROSECUTION AGAINST JUDGE ZAINON MUST FOLLOW,<br />(b)My solution is to ORDER THE POLICE TO INVESTIGATE MY 3 POLICE REPORTS, as normally required by LAW, that were annexed to my wife's supporting affidavit, WHICH POLICE INVESTIGATION WAS KILLED OFF BY JUDGE ZAINON'S INSTRUCTION TO INSPECTOR FAWZI NOT TO INVESTIGATE. My charge that documents exhibited by Stephen Lim's supporting affidavit alledging them to be true documents ARE ALL FORGERIES AND ALLEGATIONS CONTAINED IN HIS SAID AFFIDAVIT WERE PERJURED; therefore police investigations will prove this ! THAT BEING THE CASE RESPONDENTS STEPHEN LIM, WONG KEM CHEN, AND KWONG SEA YOON WILL BE PROSECUTED ON THE ABOVE CRIMINAL CHARGES. The conviction of these 3 respondents WILL FORM THE GROUNDS FOR SETTING ASIDE DATO ZAINON'S ILLEGAL ORDER TO STRIKE OUT PETITION on the grounds that Judge Zainon's illegaal order to strike out was obtained by Stephen Lim by fraud My solution WILL SAVE DATO ZAINON FROM CRIMINAL PROSECUTION AND EMBRASSMENT.<br />If Dato Mohd. Raus is serious TO WANT TO SOLVE THIS EMBRASSMENT TO THE HIGH COURT OF MALAYSIA, THEN HE DOES NOT NEED ME TO ATTEND HIM IN K.L. HE CAN INSTRUCT POLICE TO INVESTIGATE MY 3 POLICE REPORTS. WILL DATO RAUS DO THIS OR IS IT MY ATTENDANCE IS REQUIRED TO FACILITATE THE SERVICE ON ME OF A POSSIBLE ISA DETANTION ORDER ? However, caution is the better part of valour ! I think I will wait for the new government that will be formed by Pakatan Rakyat and being a NEW BROOM THE AG OF A PAKATAN RAKYAT GOVERNMENT WILL BE MORE RECEPTIVE TO ENFORCING THE LAW.<br />I sincerely THANK Dato Mohd. Raus for his kind response, but I will wait for the next government of Pakatan Rakyat to come to KL and to sue Judge Zainnon binti Mohd Ali, the firm of M/s Lim & Hoh for professional negligence for not opposing Stephen Lim's application for striking out petition in the circumstances, to sue M/s Annad & Noraini (solicitors) for pro-active participation in a conspiracy to pervert the course of justice. conspiracy to fabricate evidence by forgery and perjury, participate in a conspiracy to obtain money by false pretences and conspiracy to retain stolen money obtained by false pretences.<br /><br />Copy : President of Bar Council, Chief Justice of Malaysia, Judge Managers, Dato Mohd. Raus, Dato James Foong, Dato Zainon and 500 lawyers in KL randomly selected with FAX NUMBERS.Yap Chong Yeehttp://www.blogger.com/profile/01049964149247000909noreply@blogger.com0tag:blogger.com,1999:blog-6857074560130705298.post-30588908830360652512009-03-14T17:29:00.000-07:002009-03-14T17:29:33.665-07:00Malaysians Unplugged Uncensored<a href="http://malaysianunplug.blogspot.com/">Malaysians Unplugged Uncensored</a>To <br />Editor of Malaysians unplugged,<br /><br />Re : Comments to artice on the dismal performance of J Commissioner Ridswan.<br /><br />My comments that are stated here will also be the same one that I will fax to 46 Judges, Prosecutors and anti-corruption senior officers.<br /><br />If J. Commissioner Ridswan can be sacked for such obvious lack of knowledge of the law as a judge then will this call for the sacking of any such similar cases of judges who have demonstrated a similar gross lack of learning of the law be also sacked for the same reason ?<br /><br />It does not take an Einstein to appreciate that a judge of any high court of any nation has to be a person who is well versed in the law and that only such learned lawyer deserves to serve at the highest level of the judiciary. In Malaysia, judges who have just a mere and very elementary knowledge of the law do get appointed to the bench at the highest level and in most of these cases, it is more acceptable to their ego to be known to be corrupt than to be discovered to be fools on the bench. It is not too difficult to understand why cases in our courts take on an average 10 years to 15 years to end and in most of the cases there is found to be miscarriage of justice and the law. THERE IS NO JUSTICE IF THE LAW IS MISAPPLIED !<br /><br />Judges upon appointment to the bench TAKE AN OATH of office and affirm that they shall carry out the enforcement of the law without fear or favour; and by the oath if they are discovered to be acting with intention to pervert the course of the law, then by their oath they must be found to be in breach and therefore must by law be dismissed ! Why has the contract of this errant judge been extended ? Do the oath of a judge to observe and enforce the law not mean anything to the Chief Justice ? This is what the state of the law has become, even the Chief Justice can aid and abet the abuse of power of one of his judges and be rewarded for acting with obvious disrespect for the law and to serve both a narrow and partisan interests. This is not an honest to goodness administration of the law; this is in fact a joke !<br /><br />I too have the misfortune to be the victim of another errant judge of the High Court of Malaysia and now she sits on the bench of the Court of Appeal; her name is Judge Dato Zainon binti Mohd. Ali of the Court of Appeal. She too like this judge Ridsawn, had disrespected the law and abused her powers as a judge.<br /><br />She approved to the respondents of my wife’s Originating Petition No. D2-26-41 OF 2001;Lim Choi Yin v. McLaren Saksama (M)Sdn. Bhd. A order for security for costs and when my wife had paid the sum of RM.60,000 into the hands of respondents’ lawyers as pursuant to her order for security; JUDGE Zainon binti Mohd. Ali went promptly on further to approve to respondents a 2nd and conflicting order to strike out petition. This 2nd order for striking out was made even without a preceding order to set aside the 1st order for security for costs. Therefore, as a consequence the RESPONDENTS RETAINED MY WIFE’S RM. 80,000 (being original Rm.60,000 plus at 5% interests accruing to reach now at Rm.80,000). Money which I borrowed from my daughters at 30% interest per year compound.<br /><br />Here is another case of a judge who is an illiterate in the law because approving both na order for security for costs and then to follow up with another order for striking out (without having cancelled the 1st order for security for costs) is like HAVING THE CAKE AND EATING IT TOO. A judge at the highest level of judicial office who does not know the simple mechanics of the judicial process IS NOW SITTING ON THE BENCH OF THE MALAYSIAN COURT OF APPEAL, is this not SCARRY to you ?<br /><br /> I will come to the High Courtthe respondents to my wife’s Originating Petition, Judge Zainon binti Mohd. Ali has committed the several offences : (1) conspiracy to pervert the course of justice, (2)Malfeasance in office (3)co-conspirator to respondents OBTAINING MONEY UNDER FALSE PRETENCES (4)Abuse of judicial powers and many others; anyway these few should by law put Judge Zainon away in prison for a very long time.<br /><br />I have on many occasion tried to provoke Judge to sue me in Perth but that is not going to happen because our judges in Perth are honourable men of impeccable learning and ethical beyond question. I fear to take action against Judge Zainon in Malaysia because the judges there are of questionable ethical standing and learning of the law; I will be most likely be thrown into jail under a detention order under the ISA. NOT WISE !<br /><br />However I will come to KL to face off against Judge Zainon binti Mohd. Ali if I can be assured by Judge Mohd. Raus Shariff, to whom I had on 3 occasions discussed my case against Judge Zainon binti Mohd. Ali and I find that Judge Mohd. Raus Shariff a reasonable and accommodating man. I TOLD JUDGE MOHD. DARIUS SHARIFF that it is absolute nonsense that my wife’s case should be struck out, when the process had reached the stage when our counsel Mr David Hoh had attended 2 appointments for CASE MANAGEMENT ! HOW COULD JUDGE STRIKE OUT IN THESE CIRCUMSTANCES; and in addition other more damaging issues against her striking out exist as well. <br /><br />As I said I will come to KL to face off against Judge Zainon IF JUDGE MOHD. RAUS SHARIFF WILL ASSURE ME THAT NO SUCH DETENTION UNDER THE ISA WILL ISSUE AGAINNST ME FOR DISPARAGEMENT OF JUDGE ZAINON. I will come to KL and repeat my criminal charges against Judge Zainon and the Judge will have cause to charge me under the criminal defamation law and we will then fight it out in court. NO ISA DETENTION PLEASE !Yap Chong Yeehttp://www.blogger.com/profile/01049964149247000909noreply@blogger.com0tag:blogger.com,1999:blog-6857074560130705298.post-89274685865068753562009-03-08T17:30:00.000-07:002009-03-08T17:32:21.149-07:00MALAYSIA SLIDING INTO UMNO DICTATORSHIPUMNO perpetrated a coup d'tate and there is no other way to say it; only the single word COUP D'TATE ! The government of Nizar was formally constituted by elected members of Parliament and having said that, how did this elected government which was properly constituted and had operated the Perak Government prior to the coup d'tate for a year, been locked out of office ? THERE IS NO WAY TO DENY THAT NIZAR'S PROPERLY ELECTED AND LIGITIMATELY FUNCTIONING FOR A YEAR GOVERNMENT WAS LOCKED OUT OF THEIR OFFICES BOTH FIGURATIVELY AND SPEAKING PLAINLY. What would you call such a situation ? COUP D'TATE !<br /><br />I would say that the Peral constitution had properly provided for such a situation. The constitution had stated that the Perak Ruler had power to appoint but there is no power to SACK the Mentri Besar; and the situation was exactly that in this on going crisis; the Sultan had no powers to sack and for that reason HE ASKED FOR THE RESIGNATION OF NIZAR WHICH HE DID NOT GET BECAUSE NIZAR WAS TOO GUTSY TO ACCEPT CAPITULATION WITHOUT A FIGHT, AND FOR THAT ALL MALAYSIANS MUST DEMONSTRATE THEIR VOTE OF THANKS TO NIZAR AND GIVE HIM 100% SUPPORT.<br /><br />What do you call the REVOLT BY THE POLICE AND THE WHOLE OF PERAK STATE ADMINISTRATIVE SERVICES, if such rebellious actions is not a straight forward COUP D'TATE ? I believe every one is walking on egg shells because it was the Sultan of Perak who precipitated this constitutional crisis, when he refused to accept the CONSTITUTIONALLY AND CONVENTIONALLY MANDATED PRACTISE OF THE RULER ACCEPTING IN THESE SITUATIONS, THE RECOMMENDATION OF HIS CHIEF MINISTER. It is sheer disingenuity for the Sultan to say that he had spoken to the three government frog MPs and had duely ascertained that they WERE UMNO FRIENDLY INDEPENDANTS. I say again that Sultan Azlan Shah did not DISCHARGE HIS OFFICE ACCORDING TO THE SPIRIT OF THE PERAK CONSTITUTION, because the 3 defactors were from the Pakatan benches and they had campaigned on the Pakatan platform, and since they were voted into parliament on the back of a Pakatan ticket, the Sultan should have returned to the PEOPLE THE POWER TO ELECT THE CANDIDATE OF THEIR CHOICE. WITH DUE RESPECT TO THE SULTAN WHAT HE DID WAS WRONG BECAUSE BY HIS ACTION HE HAD BROUGHT INTO EXISTENCE AN UNELECTED GOVERNMENT OF HIS CHOICE AND THAT BY ANY LANGUAGE IS COUP D'TATE. <br /><br />The Sultan too is subject to the Constitution and he holds office by the powers vested in him by the Perak State constitution; and he can only act within the powers that the constitution vest in him and nothing more. What Sultan Azlan Shah did was unconstitutional and is an abuse of his powers.<br /><br />I am merely spelling out in the context of the topic of this article that reality has bitten the Pakatan Rakyat, and that by showing the extent and the depth that UMNO has infected the whole of the Malaysian culture. I hope to tell the people that UMNO has clenched their IRON FIST around the Malaysian machinery of government and that UMNO will not stop to consider what their actions will do to the prestige and stature of the ROYAL HOUSEHOLD so long as they get the short term support of the Sultan. Politics is all about perception and the actions of the Perak Royal Household is not shining too bright after this imbroglio.<br /><br />UMNO has no qualms about perpetrating coup d'tte if it will perpetuate their everlasting stranggle hold on power. In this context I even doubt that UMNO will care to be seen to be open and fair in the next election because aafter that election, my take is that umno will take dictatorship powers. I say this because Pakatan has already taken a stranggle hold on the people's perception that Pakatan HAS THE OVERWHELMING SUPPORT OF THE PEOPLE. It is true that there is no going back to pre308, and that the Malaysia that will take the stage following the next general election will be formed by the Pakatan. The events that dog the Perak state government will be repeated by the intransigence of the UMNO and as I said earlier, the Malaysian political culture is distorted to the extend that the whole of the government machinery cannot think of a government that is not UMNO led.<br /><br />The only way to defeat this malaise is to give Pakatan Rakyat overwhelming support, go out and tell all that you come into contact to give absolute support to the Pakatan and that if we allow the UMNO to win this time again then all is lost; THERE WILL BE NO NEXT TIME FOR AN ELECTION; Malaysia will by then be a dictatorship by UMNO ! Only a mass movement that give absolute support to the Pakatan Rakyat will save Malaysia !<br /><br />REMEMBER THERE IS MORE THAN JUST THE NEED FOR reformasi ! out there! There is an urgent and dire call for PEOPLE DEFENSE FOR DEMOCRACY ! It is the final call to defend democracy by massive people power in defense of FREEDOM AND TO REPEL CREEPING DICTATORSHIP !Yap Chong Yeehttp://www.blogger.com/profile/01049964149247000909noreply@blogger.com0tag:blogger.com,1999:blog-6857074560130705298.post-26657430487218263982008-08-15T22:41:00.000-07:002008-08-15T22:47:09.470-07:00Article by ktemoc.com on the criminal behaviour of President of Court of AppealI received a message from some one of an article written & published by Ktemoc in his blog relating the criminal behaviour of Tan Seri Zaki Azmi which I believe you should all read. I set up this blog to expose the criminal behaviour of Judge Zainon binti Mohd. Ali and I believe it is relevant to publish any material that exposes the criminal behaviour of any judge in Malaysia because without an honest Judiciary a nation becomes DYSFUNCTUAL ! I am a victime of the criminal behaviour of this Judge Zainon binti Mohd. Ali and I will keep on writing to expose her criminality. However I am publishing the article published by Ktemoc relating the criminal behaviour of Judge Tan Seri Zaki Azmi.<br /> <br />Read below ! My blog is at http://yap.chongyee.blogspot.com.<br /> <br />Thursday, December 13, 2007<br />Zaki Azmi as Chief Justice - 2 different perspectives <br />As a Penangite I always have a soft spot for The Star because I look fondly upon it as a Penang newspaper – yes, once as a young kid I was a Star newspaper boy selling copies to adults to earn the odd ringgit or so.<br />A couple of days ago I read sweetie Chelsea Ng's write-up on the new top appointments in the judiciary. She wrote:<br />The Prime Minister brought very good news when he announced the appointment of two respectable personalities to fill the top two posts in the judiciary. This could see a start to a healthier epoch for the oft-criticised institution.<br />"... brought very good news ..."? "... healthier epoch ..."?<br />Yes, dear Chelsea was talking about Abdul Hamid Mohamad's elevation to the post of Chief Justice, and get this ... :( ... Zaki Azmi as the No 2 man on the Bench.<br />OK, forget about Abdul Hamid Mohamad – it's the No 2 who'll be No 1 in around 9 months that I want to talk about. Continuing with some extracts of what the sweetie wrote:<br />Zaki's unprecedented leap to the Federal Court and, shortly after that, to the number two position in the judiciary has raised many eyebrows in the legal fraternity. While most people agree that he would make a very good judge – he has fortitude and intellect – some thought that his appointment would serve as a clear example of the need for some sort of a Judicial Appointment Commission.<br />However, we should not be too troubled by this view. The fact that many thought that both these top two judges were the best choice proves that the Prime Minister and the King must have consulted quite a few right people beforehand.<br />"... many thought ..." that Zaki was the best choice for the No 2 going on to No 1?<br />Who have been these 'many' so-called thinking people ... other than UMNO? The MCA?<br />Continuing with Cheryl's Chelsea's mythology ...<br />This is definitely a good sign for the judiciary.<br />"... good sign ..." hahahahahahahhaahhahaha, where did sweetie Cheryl Chelsea come from? Yes, yes, yes, ..... from the Star hahahahhahahahahahahaha<br />Hey my dear, this was what Kim Quek wrote in Malaysiakini about Zaki Azmi, Judicial rot: From one nightmare to another?, a title that's surely self explanatory on Kim's opinion of the new No 2 soon to be No 1 Judge. Extracts of his article are:<br />In fact, when Zaki was appointed a Federal Court judge in September, he was instantly recognized at home and abroad as the person planted to the highest court to succeed Fairuz, whose request for a six-month extension of service beyond his mandatory retirement on Oct 31 was not accepted by the Yang di-Pertuan Agong.<br />Such instant recognition of Zaki's mission came from his deep involvement with Umno as a key party player. He was chairman of the party's election committee, deputy chairman of its disciplinary board of appeal, party legal adviser etc.<br />As Umno's legal man, he was involved with the party's myriad of scandalous financial misadventures that were bailed out by the government in the heydays of Mahathir's crony-capitalism during the last Asian financial crisis. One prominent example is the RM3 billion loan scam in the disastrous acquisition of Philippines' National Steel Corp (NS) by Umno's financial proxy Halim Saad.<br />When the shares of NS became scrap, four top Malaysian banks were made to stomach the entire RM3 billion losses. And Zaki was then a director of the investment vehicle - Hottick Investment Ltd of Hong Kong – which borrowed the RM3 billion and embarked on the acquisition of NS.<br />Well, dear Cheryl Chelsea, is Zaki's entry into the upper echelon of the bench still a 'good sign'? ;-)<br />But Cheryl Chelsea shocked, nay, shattered me with what she said next:<br />Perhaps it is also timely for us to remind ourselves here that independent decisions should not necessarily be those that are anti-government or anti-establishment. Many have perceived judge's independence wrongly by equating anti-establishment with objectivity. We are not seeking judges who run down the country or its people using court proceedings or judgments. <br />Fair enough, up to this stage. Now, for the unbelievable:<br />A retired senior judge, known for his independence and judicial brilliance, once made it clear that the Internal Security Act (ISA) could not be abolished.<br />How true. It may be a draconian legislation but it is sometimes necessary to bring peace and stability to a country during trying times.<br />The eminent judge had said that good judges would not resort to using such a law during peaceful time but would not hesitate supporting its use during periods of anarchy.<br />Cheryl Chelsea oh Cheryl Chelsea, you broke me poor heart by your sad silly and sorry argument for the ISA. Well, apart from that, why don't you name that retired 'eminent judge' instead of no-name dropping all over, or is this the new Star style of journalism?<br />And then she ended with: Now with our judiciary looking like it is on the road to recovery, we will be expecting the emergence of more independent judgments.<br />Hahahhahahaha sob sob sob ........<br />Did I mention I've always had a soft spot for The Star because I look upon it fondly as a Penang newspaper – yes, I did say too I used to be a Star newspaper boy selling the papers to adults - but Cheryl Chelsea has finally destroyed that fond impression of many years standing.<br />Kim Quek tells us more:<br />Apart from acting as Umno's nominee, Zaki also has held directorship in scores of major companies including some of the most well known names such as Berjaya, Metacorp, Pan Global, SP Setia, Malaysia Airports, Hume, Matsushita Electric, Pharmaniaga etc. Zaki was reported by Bernama on April 21 this year to have said that his 58% owned Emrail Sdn Bhd, a railway specialist company, had only the government as employer, and that he was earnestly soliciting contracts in the northern and southern portions of the double-tracking project to turn the cash-strapped Emrail around.<br />Such political and business background would already have made him a poor candidate for any judicial appointment, Zaki is battered by yet another serious handicap – the question of his moral integrity arising from his controversial marriage and divorce from his second wife Nor Hayati Yahaya, who was half his age.<br />Now, the second paragraph is the part I don't like to read about, in the same way I don't want to read about the salacious sorry sordid allegations of Anwar Ibrahim and his sexual proclivity, because it's totally irrelevant to my take on who makes a good, reliable and reasonably honest leader. I have been judging Anwar only on his past policies and political track record, full stop.<br />However, one incident about Zaki's second marriage caught my eye 'ere I skipped over the offending paragraphs:<br />Zaki married Nor Hayati in a ceremony conducted by a kadi from Thailand in a textile shop in Perlis in March 2005. They separated three months later. In the messy divorce that ensued, it was revealed that Zaki burned the original marriage certificate to hide the marriage from his first wife. Further, the marriage was ruled by the Syariah Court as illegal.<br />Above underlining mine – a person who would go to that extent must be still in love with the original wife ;-) because they say Omnia Vincit Amor (Love conquers all), even unto the naughty act of burning marriage certificate - but we aren't talking about issues of passion here but rather, Malaysia's top judicial appointment.<br />Should such a person, taken to burning his marriage certificate (with his second wife) to hide same from (No 1) wife, be a judge?<br />Continuing ...<br />Following the revelation of Zaki's marital trouble, he resigned as deputy chairman of Umno's disciplinary board, for which he commented: "Considering that members of the disciplinary board are of the highest integrity, I have made this decision following reports in the media …." (New Straits Times, 9 Aug 2005)<br />The question we must ask now is: If Zaki is morally unfit to serve in Umno's disciplinary board, how could he be considered morally fit to be a federal court judge, not to mention his lightning elevation to the No.2 position, and anticipated imminent rise to the top job in the judiciary?<br />Now, I know Kim Quek is from the PKR and I normally read articles written by politicians with some caution, but I have to say in Kim's unfolding of his case against Zaki, it's a damn good question – a very relevant and important query given Zaki is being fast tracked for the top judicial position.<br />Yes, if Zaki is morally unfit even to serve on Umno's disciplinary board, good lord, how could he ever be considered morally fit to be a federal court judge?<br />Kim asked in disgust: Is this country so poor in legal talent and integrity that we have no choice but to appoint someone so glaringly unsuited for such important judicial position arising from his multiple conflicts of interests and questionable integrity?<br />If not, then why did the prime minister make such a move? If it is not to advance the prime minister's and Umno's interests, then what motivated such an appointment?<br />Another damn good question, that is, if Big Ears are listening at all. And P Ramakrishnan wrote a letter to Malaysiakini titled Zaki - no saving grace for the judiciary where he too asked:<br />We are indeed shocked that a person so junior in rank with nothing outstanding about him should now outrank all the serving senior judges, some of whom are most deserving of this exalted position. It is very disturbing that Zaki is set to become the next chief justice within a year. Is the prime minister telling the entire nation that there are no better judges in terms of seniority, experience, diligence and integrity on the bench that can be considered for this top post? It would be laughable if someone were to answer "Yes" to this question.<br />The battered image of the judiciary will not be improved by this shocking appointment that goes against the grain of public opinion. It is a pity that good sense has failed to prevail. When the judiciary is low on public opinion, it is a terrible mistake to parachute someone so closely associated with Umno to the top position. This appointment smacks of political intervention to safeguard the interests of the executive rather than to protect the integrity of the judiciary. It is no wonder that many eyebrows were raised when the announcement was made public.<br />Kim continued: We have already seen in the infamous Lingam video clip how the former chief justice betrayed his oath of allegiance to the country and the Constitution by crawling to serve the parochial interests of his political and business masters, thus confirming the common knowledge of the depth of degradation our judiciary has sunk.<br />Ouch and double, triple ouch!<br />I won't torture you dear readers anymore but to end with these two paragraphs of Kim's:<br />Taking cue from this observation, Zaki's appointment is an unmitigated disaster, as even if he has the superhuman capability to totally severe his umbilical cord to the ruling party and his commercial interests to eliminate conflict of interests, there is still the insurmountable problem of public perception. With Zaki's questionable background, there is no way he can command complete public confidence, particularly when the interests of Umno or his businesses are involved.<br />Coming at a time when Malaysia's competitiveness is fast losing ground, which has been contributed in no small way by its worsening judiciary image, such a daring raid on the sanctimonious ground of neutrality as the judiciary through planting a party stalwart to take over its control is destined to bring ruinous consequences to this country. Not even in the height of Mahathir's autocracy would such a reckless adventure be contemplated.<br />Dear Cheryl Chelsea Ng, this is serious, we better have a word or two together on what you have written.<br />Related:<br />The Dream Team in the Judiciary from BolehTalk.<br />posted by KTemoc at 5:22 AM <br />15 Comments:<br /> wits0 said... <br />When the chances of raising a Lazarus appears slim with a Jocelyn, try a Chelsea, mah.<br />8:40 AM, December 13, 2007 <br /> Anonymous said... <br />Zaki the UMNO lawyer was at one time deemed morally unfit not to sit on the UMNO disciplinary committee. <br />Apparently he burnt his wedding certficate when `illegally` taking a second wife.<br />9:35 AM, December 13, 2007 <br /> Anonymous said... <br />Oh, neither the cheryl nor the jocelyn were the 2nd wife nor the 1st wife.<br />Of course. the Star is setting a new wave of thinking. They should hasten the process by employing mat rempits to counteract Ronald Quay`s letter on M`kini ripping apart VK Chin.<br />9:42 AM, December 13, 2007 <br /> Anonymous said... <br />Today`s Sun has reported in detail the suit filed by Tan Sri Chong Kah Kiat. <br />The Star has left certain `sensitive` details out.<br />9:49 AM, December 13, 2007 <br /> lucia said... <br />mental jog<br />well with zaki going to be CJ in 9 months time, maybe we can look forward to another 'lingam phone' drama.<br />11:18 AM, December 13, 2007 <br /> Anonymous said... <br />what chreyl wrote is no mythology. its the STAR way to be the mouthpiece of the government. <br />kaytee, you are just normal having the soft spot for this paper. nostalgia abounds and is onyl human. but its history. its no longer the people's paper. its the government's paper now. just as law and order is on a slippery descending road, so is the credibility of this government's paper.<br />12:19 PM, December 13, 2007 <br /> Anonymous said... <br />Sabah Mufti's Fatwa: Buddhist Statues are HARAM (FORBIDDEN) <br />http://malaysianunplug.blogspot.com/2007/12/sabah-muftis-fatwa-buddhist-statues-are.html<br />12:24 PM, December 13, 2007 <br /> Anonymous said... <br />Apparently, someone deserves it today. As reluctant as I am to drag in a religious figure, I'm a fair guy who'll give it to whoever he or she is, regardless of race, color and creed. This award goes to the state mufti, Datuk Haji Ahmad Alawi Haji Adnanof of non-Islamic Sabah in a non-Islamic Malaysia for issuing a Taliban-styled fatwa (religious edict) against the erection of religious statutes in Sabah state.<br />http://thieneleventhhour.blogspot.com/2007/12/worst-bigot-award.html<br />12:27 PM, December 13, 2007 <br /> DarnMalaysia.com said... <br />That's the reason why when I read journalistic opinions like that in the star, I feel like puking my guts out. Especially when I read Joceline's "try to be neutral but can't really" articles.<br />2:54 PM, December 13, 2007 <br /> freelunch2020 said... <br />i was def rolling in laughter after chelsea's article. poor gal, prob 'forced' to write it using her once 'good' name...that's all it takes...one 'joker' article like that.....<br />3:42 PM, December 13, 2007 <br /> freelunch2020 said... <br />joceline is still fairly objective, she knows that she can't do an overkill<br />3:43 PM, December 13, 2007 <br /> Anonymous said... <br />When the former pariah CJ hiding his tail on his way out, we hanve another smarter homegrown pariah wolf coming in.... Poor good malaysian, dont you ever think of bringing suits of prominent pariah tycoon/politian/directors... into the local courts... Save ur time and monies for the African famine.....<br />4:24 PM, December 13, 2007 <br /> mstypo said... <br />ktemoc,<br />the reporter's name, the sweetie, is chelsea? Later on you referred to her as cheryl.<br />Which is it?<br />4:30 PM, December 13, 2007 <br /> KTemoc said... <br />mstypo, you're the only who spotted my 'deliberate' mistake ;-) - aiyah I was so broken hearted that I became confused half way through my writing - sob, it's Chelsea lah - what a sweet name yet ... sob sob sob ...<br />5:09 PM, December 13, 2007 <br /> jello said... <br />a poaching gamekeeper........<br />5:34 PM, December 14, 2007 <br />Post a Comment <br /><< Home <br />About Me<br />Name: KTemoc <br />Location: Penang, Penang <br />View my complete profile<br />Email me <br />Previous Posts<br />A tale of two prime ministers <br />Uneasy lies the head that wears a crown <br />Threatening national security with your sneeze! <br />Mental makeup of AAB & his harshness towards Hindr... <br />EC: Only one 'regime' capable of running country <br />Hindraf & Bar Council - when the going gets tough <br />Hindraf - Flogging shall continue until morale imp... <br />Bush's lies about Iran - déjà vu denied? <br />Lim Kit Siang: "A very strange phenomenon in BN"! <br />Abdul Rahim Tamby Chik's Ketuanan Melayu via mache... <br /><br />--------------------------------------------------------------------------------Yap Chong Yeehttp://www.blogger.com/profile/01049964149247000909noreply@blogger.com1tag:blogger.com,1999:blog-6857074560130705298.post-62772877992482941172008-06-13T04:00:00.000-07:002008-06-13T04:01:04.630-07:00RESPONSE TO MATTHIAS CHANGResponse to Matthias Chang<br /><br />I am just wondering what is wrong with this fellow Matthias Chang ? Mahatir is already “suda penchen”, so what is this Mattahias fellow so hot under his collar about. Is he trying to posture himself as a man of great principle or is he merely tryimg to buy himself his “15 minutes of fame ?” This man thinks he is a great hero, but to my thinking he is an arsehole licker.<br /><br />Mahatir is the most evil influence that ever held sway over the unfortunate fate of Malaysia and it is he who has put Malaysia at the bottom rung of the ladder of economic competitiveness as identified in many studies on the issue. Mahatir used the most vicious tool to retain political power. ie race politics and race divisiveness. It is Mahatir who exploited the greed and self centeredness of Chinese politicians in the MCA; as a consequence of his evil influence, Malaysia is today what it is and what it has always been, a country that is divided by race and the wholesale abuse of the national treasure that only went into the pockets of politicians of the ruling government.<br /><br />That is definitely something very wrong with this arsehole Matthias Chang. I think it is more a case of Matthias Chang trying to exploit his service with Mahatir to attract attention. He has challenged Cumarasamy to a debate; to what end ? Is he trying to prove that he is a more competent debater than is Cumarasamy ? What will that achieve ? It would appear that Cumarasamy is merely ignoring him as one of no consequence. Has he thought about that ?<br /><br />Coming back to the ridiculous suggestion that is posed by this Matthias Cheng fellow, that this Judge should be prosecuted for sedition etc., let me remind him that the last time that I read the Malaysian Constitution, JUDGES CAN ONLY BE SACKED BY A RESOLUTION OF PARLIAMENT. Having said that maybe this Judge wants a debate of the woeful state of the Malaysian Judiciary in Parliament. I believe his name is Ian Chin, and from what has passed we have to assume that Judge Ian Chin is a very tough minded judge and knows what he wants. If we assume that that is what Judge Ian Chin had in mind, then why does the Barisan national RAISE THIS ISSUE IN PARLIAMENT AND TO CALL FOR ANOTHER ROYAL COMMISSION OF ENQUIRY ?<br /><br />I am posting a couple of letters that I had written to the Attorney General, Chief Judge of Malaysia, President of the Court of Appeal, President & Secretary of Malaysian Bar and many practicing lawyers copies of these letters. My Charge against Judge Dato Zainon binti Mohd. Ali, judge of the Malaysian Federal Court, that she criminally aided & Abetted respondents Stephen Lim Cheng Ban, Wong Kem Chen & Kwong Sea Yoon to commit perjury, forgery, conspiracy to pervert the course of justice, obstructing a criminal investigation, Malfeasance, and among others, conspiracy to obtain money under false pretences; when she adjudicated my wife’s Originating Petition<br /><br /> Re : Originating Petition No. D2-26-41 OF 2001 ; <br /> Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd <br /><br />I call upon Mr Matthias Chang to defend Judge dato zainon binti Mohd. Ali with as much vigor as he has doen for Mahatir.<br /><br />The letters that I want posted are set re-printed below :<br /><br /> Yap Chong Yee,<br /> 5a Prinsep Road,<br /> Attadale, WA 6156<br /> Date : 27th May, 2008<br />Email :ychongyee@yahoo.com.au <br />Blogg. http://yapchongyee.blogspot.com<br /> To,<br /><br />Dato Zaid Ibrahim, Minister of Law<br />Putra Jaya, Malaysia,<br /><br />Dear YANG AHMAD BERHORMAT,<br /><br /> Re: Re : Originating Petition No. D2-26-41 OF 2001 ; <br /> Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd <br /><br />I have written to you on the above matter a few times but I have still not received any reply, ant even an acknowledgement.<br /><br />Yang Amat Berhormat, is it not the law that a presiding judge has the duty TO TAKE JUDICIAL NOTICE OF ANY CRIMINAL OFFENCES COMMITTED BY ANY LITIGANT or party to the Court Proceedings ?<br /><br />I refer YAB to my wife’s above Petition. My wife’s supporting affidavits had annexed as exhibits copies of 3 police reports charging the respondents Stephen Lim Cheng Ban, Wong Kem Chen and Kwong Sea Yoon with PERJURY, FORGERY and fabrication of evidence. The signatures of the forged documents when compared to their true signatures of my wife’s clearly show discrepancy and in spit of these irregularities, JUDGE ZAINON BINTI MOHD. ALI refused to give my wife leave to cross examine the said respondents for PERJURY & FORGERY. Her refusal to give leave to my wife to cross examine the said respondents under these circumstances CONSTITUTES AIDING & ABETTING THE RESPONDENTS IN THE COMMISSION OF THESE CRIMINAL OFFENCES. To support my charges against Judge Zainon binti Mohd. Ali for aiding & abetting the criminal respondents I ENCLOSE A COPY OF ONE OF THE 3 POLICE REPORTS; a police report made at the police station at Jalan Tun HS Lee, KL.<br /><br />I have been writing many letters to various VIP for an extended period of at least 2 years AND TO DATE I HAVE NOT RECEIVED ANY REPLY NOT EVEN AN ACKNOWLEDGE. Is it not the reason for drawing no acknowledgement from any of you VIPs the fact that if you had knowledge of such criminal behaviour, you are required by law to take action ? That being the case you have chosen to remain MUTE ? The facts of my wife’s petition & circumstances of the court process that followed is sufficient EVIDENCE to convict Judge Zainon binti Mohd. Ali for the criminal offences that I charged her with. <br /><br /><br /><br /><br />Yang Amat Berhormat, WILL YOU NOT ACKNOWLEDGE THIS ONE LETTER ? This letter will be posted on the blogsite of “Cakap tak suropa bekin” (check MALAYSIANS UNPLUGGED, and my own blogg. at http://yap.chongyee.blogspot.com ).<br /><br />I give you my word that I shall come to KL to confront Judge Zainon binti Mohd. Ali in court; soon after the Olympics and hopefully by September, 16 I will have to contend with the government of Pakatan Rakyat and hope that I will get a little more JUSTICE BEFORE THE LAW !<br /><br /><br />Your’s faithfully,<br /><br /><br />Yapchongyee<br /><br />COPY : Judge zainon binti Mohd. Ali, President of Court of Appeal, President & Secretary of Malaysian Bar, Chief Justice.<br /><br /> Yap Chong Yee,<br /> 5a Prinsep Road,<br /> Attadale, W. Australia,<br /> Date : <br />To,<br />The President,<br />Court of Appeal,<br />Putra Jaya, Malaysia, <br /> <br />Your Honour (YAA),<br /> <br />Re :KL High Court Originating Petition No. : D2-26-41-2001<br />Lim Choi Yin v. McLaren Saksama(Malaysia) Sdn. Bhd. & 5 others.<br /><br />I finally want the world to know and for you to know my final bit of fact about the criminal behaviour of Judge Zainon binti Mohd. Ali. I withheld this information because my humanity saddened me to have to reveal this fact and expose the Police Investigating officer to possible RETRIBUTION and that will be very unfortunate for the further progress of the career of this officer. However, be that as it may, the truth is the truth and since I want my story to be told, I have a duty to myself to reveal all.<br /><br />This incident relates to my own first police report, because there were in fact a total of 3 police reports made; my wife had made the 1st police report stating that she had NEVER EVER PASSED ANY COMPANY RESOLUTION WHEN SHE WAS THE PROMOTER DIRECTOR OF THE RESPONDENT COMPANY, RELIONUS ADJUSTERS SDN. BHD, and that the resolution allegedly passed by Stephen Lim Cheng Ban as proposer and Wong Kem Chen as seconder together with my wife as the third participating director.attending the meeting was a lie. <br /><br />Stephen Lim Cheng Ban & Wong Kem Chen FABRICATED this alleged resolution because for all the time of the existence of the company up to this day, THERE is still no legitimate and LAWFUL document TO EVIDENCE the share holding of Wong Kem Chen as a share holder in the company; therefore the purpose of the alleged company resolution alleging that my wife participated in the passing of this said resolution WAS TO SHOW THAT AT THE TIME OF THE PASSING OF THIS FABRICATED DOCUMENT, Wong Kem Chen was a director of the company and this alleged fabricated document was invented to evidence the alleged share participation of Wong kem Chen as share holder of the company.. The full significance of this story will be told at the trial of this petition, because with the conspiracy of all the participants except for my wife, many of the documents have been made to go missing. <br /><br />Having recited the background circumstances of my revelation, at the time that I made my first police report, I told this police officer investigating (his name is inspector FAWZI of the Balai Police Jalan Tun HS Lee KL, that this case will make him very famous because one of the parties involved was the son of the late Tun Hussein Onn (HARRIS BIN HUSSEIN ONN) and that if this case comes up his name will become famous. He then assured me that he will immediately go to see superior and that he will attend to the case immediately. I later telephoned him and he told me that he had gone to see the Judge about the case, but he was told by the judge NOT TO INVESTIGATE THE CASE. This will make Judge Zainon binti Mohd. Ali,an accomplice after the fact for aiding & abetting the co-conspirators Stephen Lim Cheng Ban, Wong Kem Chen, Kwong Sea Yoon, AND NOT LEAST THE PARTICIPATION OF JUDGE ZAINON BINTI MOHD ALI . Her action constitutes PARTICIPATION IN A CONSPIRACY TO PERVERT THE COURSE OF JUSTICE AND ACTION TO HINDER THE PROGRESS OF A POLICE INVESTIGATION.<br /><br />Judge Zainon binti Mohd. Ali may well say that the right time for police investigation into PERJURY (the charge that I made in my police report) is after the TRIAL; but that only underscores my charge against Judge Zainon binti Mohd. Ali for hindering a police investigation & for aiding & abetting PERJURY; because if the right time for investigating the PERJURY IS AFTER THE TRIAL, then the justification for so alleging by Judge zainon binti Mohd. Ali must be that respondents must be allowed to DEFEND THEMSELVES UNDER CROSS EXAMINATION, free of any doubt that may arise from any police investigation conducted BEFORE THE CROSS EXAMINATION IN COURT; but in our case Judge Zainon binti Mohd. Ali KNOWING FULL WELL THAT A POLICE REPORT HAD BEEN MADE CHARGING THE 3 CRIMINAL AMIGOES with Perjury, REFUSED PETITIONER’S APPLICATION FOR LEAVE TO CROSS EXAMINATION. This is straight, uncomplicated and incontrovertible evidence against Judge Zainon binti Mohd. Ali for aiding & abetting respondents in a conspiracy to pervert the course of justice, abuse of her judicial powers to hinder a police investigation. That and many more, but why bother with more; just these couple of offences if convicted will put Judge Zainon binti Mohd. Ali in JAIL for a few years. JUDGE OF THE MALAYSIAN FEDERAL COURT JAILED FOR PERVERTING THE COURSE OF JUSTICE.<br /><br />THE BIG QUESTION THAT I WANT TO ASK THE PRIME MINISTER & THE MALAYSIAN JUDICIARY AS A WHOLE, IS IT WORTH THE DESTRUCTION OF THE CREDIBILITY OF THE MALAYSIAN JUDICIARY TO PROTECT FROM PROSECUTION OF 3 CRIMINALS ?<br /><br />IT CAN ONLY HAPPEN IN MALAYSIA !<br /><br />Yours faithfully <br /><br /><br />Yapchongyee<br /><br />COPY :<br /><br />(1)Judge Zainon binti Mohd. Ali, (2) President & Secretary Malaysian Bar Council (3)Attorney General, Malaysia (4) Mr David Hoh, M/s Lim & Hoh<br />(5)Email to all & Sundry of Practicing Lawyers of Malaysia<br />(^0To all reporters of Singapore Straits Times.<br /><br />NOTICE : THERE ARE STILL MORE AT MY BLOGG. <br /><br />http://yap.chongyee.blogspot.comyapchongyeehttp://www.blogger.com/profile/16484332799185336813noreply@blogger.com0tag:blogger.com,1999:blog-6857074560130705298.post-84856200341394641812008-06-01T20:00:00.000-07:002008-06-01T20:01:07.375-07:00LETTER TO MINISTER OF LAWYap Chong Yee,<br />5a Prinsep Road,<br />Attadale, WA 6156<br />Date : 2nd June, 2008<br />Email :ychongyee@yahoo.com.au<br />Blogg. http://yapchongyee.blogspot.com<br />To,<br />Dato Zaid Ibrahim, Minister of Law<br />Putra Jaya, Malaysia,<br /><br />Dear YANG AHMAD BERHORMAT,<br /><br />Re: Re : Originating Petition No. D2-26-41 OF 2001 ;<br />Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd<br /><br />I have written several letters to the Attorney general, Chief Justice, President & Secretary of Malaysian Bar Council, Sultan of Perak, Minister of Law, and with all copies faxed to Judge Zainon binti Mohd. Ali and many practicing lawyers, and I CHARGE JUDGE ZAINON BINTI MOHD. ALI WITH COMMITTING the following crimes under the Malaysian criminal code. :<br /><br />(1)Aiding & abetting the respondents, Stephen Lim Cheng Ban, Wong Kem Chen and Kwong Sea Yoon for forgery & Perjury, Perverting the course of justice, obstructing police investigation, aiding & abetting the respondents together with Harris Bin Tun Hussein bin Onn, Lum Siew etc. for obtaining money under false pretences,<br /><br />(2)I Charge Judge Zainon binti Mohd. Ali for committing Malfeasance.and abuse of her judicial powers.<br /><br />I also wish to point out what an arsehole JUDGE that Zainon binti Mohd. Ali is, WHEN SHE STRUCT OFF MY WIFE’S CASE ON THE BASIS OF AN APPLICATION THAT WAS SUPPORTED BY AN AFFIDAVIT AFFIRMED BY STEPHEN LIM CHENG BAN, WHICH WAS IN FACT AND IN EVERY WAY A LEGAL DEFENSE TO MY WIFE’S CLAIM, as showing no cause of action. The affidavit affirmed that my wife sold her share, and therefore has no legal standing under the Company Act to pursue her petition to wind her company. IS THIS NOT A DEFENSE TO MY WIFE’S APPLICATION TO WIND UP HER COMPANY ?<br /><br />How is it possible for a judge of the highest court of Malaysia, namely the Malaysian Federal Court to be so ignorant of the Law that she is unable to understand that a striking out of a petition that shows no cause of action means just that and that no defense is necessary TO DISMISS THE PETITION that shows no cause of action; but in my wife’s case Stephen Lim Cheng Ban HAD IN FACT PUT IN A DEFENSE, that my wife had sold her share. TAKE NOTICE THAT RESPONDENT STEPHEN LIM CHENG BAN HAD PUT IN A DEFENSE; SO WHAT IS THE JUSTIFICATION IN LAW FOR JUDGE ZAINON BINTI MHD. ALI TO DENY MY WIFE THE RIGHT TO DEMAND THAT RESPONDENT STEPHEN LIM CHENG BAN PROVE HIS DEFENSE ? This is the crux that is the ground for my charge against Judge Zainon for her abuse of her judicial powers.<br /><br />This forms the ground for my charge against Judge Zainon binti Mohd. Ali for abuse of her judicial powers.<br /><br />Your’s faithfully,<br /><br /><br />yapchongyee,<br /><br />COPY : To, President of Court of Appeal, Chief Justice of Malaysia, President & Secretary of Malaysian Bar, Judge Zainon binti Mohd. Ali, Attorney General, Malaysia; randomly to legal practitioners and Malaysian bloggers.yapchongyeehttp://www.blogger.com/profile/16484332799185336813noreply@blogger.com0tag:blogger.com,1999:blog-6857074560130705298.post-65362521116504396902008-05-26T04:59:00.000-07:002008-05-26T05:00:59.695-07:00Comment on Rocky Bru on Tun Salleh ResignationOther than to posture himself as a righteous man, AND FROM MY PERSPECTIVE this is another attempt by a Mahatir loyalist to draw attention away from the real issue that is hanging over the head of Mahatir; ie that scandalous Royal Commission report that calls for the investigation of the notorious "5". <br /><br />For God's Sake, don't let "bodek" like this Mathias Chang divert your attention from the real work that lies before you as all Malaysians. Mahatir had done irreparable damage to all Malaysians, and this hatefilled racial divied between Malays Vs Chinese must find amiable resolution; we need to unite as ONE NATION and ONE NATIONALITY and we need to hold accountable the man who had exploited the division between Malays vs Chinese to account.<br /><br />The most important focus for all Malaysians is to PUT PAKATAN RAKYAT INTO GOVERNMENT because only a party that promotes a Malaysian Malaysia will seek reconciliation of all the races in this nation. Just forget that pasky Mathias Chang who seeks his 15 minutes of fame.<br /><br />What is it that gets Mr Mathias Chang up so riled up on this issue ?yapchongyeehttp://www.blogger.com/profile/16484332799185336813noreply@blogger.com0tag:blogger.com,1999:blog-6857074560130705298.post-60848437843525325192008-05-24T19:58:00.000-07:002008-05-24T19:59:50.612-07:00AN OPINION POSTED ON BLOG " PEOPLE'S PARLIAMENTWHAT IS MAHATIR OUGHT TO BE THE QUESTION for this discussion rather than who is Mahatir, because there is no who is Mahatir. He is not really a Malay but an Indian but if you called him an Indian he will throw you in detention under the ISA. Is Mahatir a Malay nationalist ? No he is not a Malaysian nationalist either, because by his definition THERE IS NO MALAYSIAN MALAYSIA NATION since by his definition again THERE IS NO MALAYSIAN MALAYSIA. There is a Malaysia, according to him, whose citizens are ALL MALAYS (so if you are a Chinese, Indian or whatever you are not Malaysian, there is no Malaysian), because there cannot be any MALAYSIAN MALAYSIA since such a nation will make MALAYSIAN Chinese, MALAYSIAN Indinas, or WHATEVER MALAYSIANS, fully citizens of Malaysia; and if that is the logical argument then HOW DO YOU FIT A KETUAAN MALAYU into Malaysia ?<br /><br />We have to assume that Mahatir is a very intelligent person. You know it is not easy to graduate Doctor of the Medical kind from Uni Singapore if you are not at the top of the scale of intelligence, but he is so bloody intelligent that he has had ALL THE MALAYS EATING OFF HIS HAND. It is something that you gallant Malays will not want to see, but really it does exist in the Malay psyche, you love to adopt ICONS, like this Pakistani genius girl who went to Oxford at a tender age ! You lot just simply went ecstatic, what a genius MALAY, and recently you had listed in Fortune 500 Malaysia’s richest man who is Malay, and you went into hoots ! In the same way Mahatir was adopted by the Malays because he is a doctor in those days there were very few Malay doctors. This was the unfortunate thing and it is quite normal that those who BECOME MALAY OR ANYTHING become more Malay or Chinese or Indians than the real Chinese or Indians or whatever ! The tendency to over compensate for what you are not; the tendency to show that you are the real thing you go to lengths to POSTURE BEING ONE.<br /><br />Mahatir had done a lot that is Bad and retrogressive in shaping what Malaysia had become and all towards posturing himself as MALAY. He did know know what he did was bad for Malaysia and even today most Malays believe that Mahatir had been a true son of the soil (what a description). Mahatir had done this because HE AHD NO VISION, was a leader who is blind to what is good or what is bad. His single most damaging contribution to the Malay race is his NEP and the myth that it benefited the Malays. It is not now that the Malays will see him as the wrecking ball, but in time his legacy will be remembered by all Malaysians as the single most retrogressive influence for the forward progression of the Malays. Mahatir had divided the people of Malaysia as nobody has. THERE IS NO MALAYSIAN MALAYSIA ! There is therefore no Malaysia.<br /><br />Let the truth be said that for all the fear that may come again like a May 13th, the seed of this fear is sown by Mahatir to cause fear and panic. He thoroughly believes that if he can get AAB out of the Prime Minister’s job he will escape the fate of the recommendations of the Royal Commission; I do not think so because HIS PRESENT CONTRIBUTION TOWARDS UMNO TODAY WILL PAVE THE WAY FORWARD FOR DATO SERI ANWAR TO GET INTO OFFICE; and from there Dato Seri need not so much as to lift a finger to do anything vengeful to Mahatir; he need just let the royal Commission’s recommendations take its natural course and Mahatir will enjoy free food and accommodation at government expense.yapchongyeehttp://www.blogger.com/profile/16484332799185336813noreply@blogger.com0tag:blogger.com,1999:blog-6857074560130705298.post-1819132337103983972008-05-20T13:28:00.001-07:002008-05-20T13:28:56.593-07:00BIO-TECH GIANT(Agencies)<br />Updated: 2008-01-08 10:04<br /><br /><br />PARIS - China's biotech sector accounts for just a sliver of its pharmaceutical industry and operates under the cloud of a massive review of licenses issued under a regulator executed last year for accepting bribes.<br /><br />Even so, experts say, Chinese purveyors of genetically engineered drugs and vaccines -- targeting everything from cancer to Alzheimer's -- are growing at a frenzied pace and are likely to become major actors on the world stage.<br /><br />"There is no question that the sector is established," said Peter Singer of the McLaughlin-Rotman Centre for Global Health in Toronto who was lead researcher of a study published Monday in Nature Biotechnology.<br /><br />"What we found really surprising is that in an industry that's only 10 years old, China has innovative products on the market," he said.<br /><br />For their study, Singer and his colleagues selected 22 small- and medium-sized biotech firms from literally thousands operating in the health sector for close scrutiny. They looked for companies that were innovative, both scientifically and in business.<br /><br />The portrait that emerged is of a dynamic sector that has been growing 30 percent annually over the past decade, reaching a turnover of three billion dollars in the domestic market in 2005.<br /><br />Yet its activity is dominated by a few big stars and remains dogged by doubts as to its integrity.<br /><br />It is also a sector led in large measure by "sea turtles" ("hai gui") -- Chinese-born scientists with a decade or two of US or European lab experience under their belts who have come home to found Chinese companies, often with generous backing from the government.<br /><br />In a market of one billion potential patients, 15 biotech products for health are already on the market, with another 60 in the pipeline, Singer said.<br /><br />Exhibit A: Gendicine, the first gene therapy product approved after clinical trials anywhere in the world.<br /><br />A recombinant human adenovirus, Gendicine carries the p53 gene and is administered by injection directly into cancerous tumours in the head and neck, including nasopharyngeal carcinoma.<br /><br />More than 5,000 patients have received the treatment in combination with radiotherapy, including 400 foreign patients from outside China.<br /><br />The company became profitable shortly after the launch of the product, approved in 2005 by China's State Drug and Food Administration (SDFA).<br /><br />That, as it turns out, was not an unimpeachable recommendation.<br /><br />The SDFA's former director, Zheng Xiaoyu, was executed in July 2007 for accepting bribes in return for issuing drug approvals without proper review.<br /><br />As a result, a staggering 170,000 licenses granted by the SDFA, especially between 1999 and 2002, are currently under review.<br /><br />Another company, Shenzhen Beike Technologies, provides a treatment based on umbilical cord and bone marrow stem cells for Alzheimer's, autism, brain trauma, cerebral palsy and spinal cord injury, as well as a dozen other diseases and conditions. The medication is injected directly into the spinal cord of patients.<br /><br />"There is no need to do clinical trials for this kind of procedure in China," said the study's lead author, Sarah Frew, also a researcher at McLaughlin-Rotman.<br /><br />"The approach this company is taking is trying the thing on patients rather than doing scientific research," added Singer.<br /><br />The product has nonetheless been a commercial success, first with Chinese patients and more recently with international patients. When Frew visited the clinic a year ago, there were a dozen foreigners present.<br /><br />The company's website is filled with glowing testimonials on the effectiveness of the treatment, which costs tens of thousands of dollars.<br /><br />In most cases the therapies and vaccines developed in China are far less controversial. Indeed, more than 90 percent of products produced in the health biotech sector are biogenerics, with novel products accounting for 3-to-5 percent of the total.<br /><br />A more recent development are international joint ventures and investment. Shenzhen Chipscreen Biosciences, for example, has developed an anti-cancer drug in cooperation with Huya Bioscience, based in San Diego, California. Once the medication is on the market, the Chinese partner will hold the rights for China, while Huya can lay claim to the rest of the world.<br /><br />WuXi PharmaTech, which was listed on the New York Stock Exchange in the summer of 2007, is the first biotech service company in China with major foreign clients, including US pharmaceutical giant Merck and Britain's AstraZeneca.<br /><br />The fact that WuXi has attracted such companies "punctures a little bit the legend that there is no intellectual property in China," said Singer.<br /><br />Another myth that may soon fall by the wayside is that China can only reproduce what other have done already.<br /><br />"There is no longer a hegemony on the part of industrialised countries in global biotech innovation," Singer said.yapchongyeehttp://www.blogger.com/profile/16484332799185336813noreply@blogger.com0tag:blogger.com,1999:blog-6857074560130705298.post-8969345459746387562008-02-08T15:17:00.000-08:002008-02-08T15:18:40.499-08:00MALAYSIA OWES A DEBT OF GRATITUDE TO THE COMMUJIST PARTY OF MALAYSIAThis post is to advertise my next coming posts, which I am privileged to write as an Australian, because if I remained a Malaysian I WILL SURELY BE DETAINED UNDER THE “ISA”. In this respect, I want to credit the efforts of China Peng and his nationalist movement that forced the BRITISH IMPERIALIST to withdraw and hand independence back to MALAYSIANS.<br /><br />I will post this article in my own blog at <a href="http://yapchongyee.blogspot.com/">http://yapchongyee.blogspot.com/</a>. I will do this because I am certain that Dato Seri Anwar does not and will not share my point of view. I will post this article on the 15th of Feb., I can assure all UMNO members that they will not like what I am about to say. On the other hand my article argues the case that MCA was intended by both the UMNO and the British colonial government to keep the Chinese community appeased when the British relinquished their “IRON” hold on Malaysia. I have to admit that this ploy had worked tremendously well over the 50 years of independence. In all this time that MCA had existed, the rights of citizenship of Malaysian Chinese had been trampled on with impunity by UMNO; Malaysian Chinese had no rights of citizenship whatsoever. I want to remind UMNO that Chinese & Indian Malaysians too have RIGHTS OF CITIZENSHIP, which you deny us because Malaysia is GOVERNED BY JUDGES AND NOT GOVERNED BY THE LAW AND CONSTITUTION OF MALAYSIA.<br /><br />SEE YOU ON THE 15 FEB.<br /><br />PS. To access Dato Seri Anwar's blog where I have been posting my articles, PLEASE GOOGLE "yapchongyee" AND CLICK ON "NEXT" THREE TIMES. On the 3rd click go to the column "V.K.LINGAM TAPES"yapchongyeehttp://www.blogger.com/profile/16484332799185336813noreply@blogger.com2