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	<title>Comments on: No Malaysian Chinese as Federal Court judge - first time in 50 years</title>
	<link>http://blog.limkitsiang.com/2007/09/30/no-malaysian-chinese-as-federal-court-judge-first-time-in-50-years/</link>
	<description>for Malaysia</description>
	<pubDate>Wed, 08 Oct 2008 07:42:36 +0000</pubDate>
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		<title>By: ktteokt</title>
		<link>http://blog.limkitsiang.com/2007/09/30/no-malaysian-chinese-as-federal-court-judge-first-time-in-50-years/#comment-51672</link>
		<dc:creator>ktteokt</dc:creator>
		<pubDate>Wed, 17 Oct 2007 14:42:03 +0000</pubDate>
		<guid>http://blog.limkitsiang.com/2007/09/30/no-malaysian-chinese-as-federal-court-judge-first-time-in-50-years/#comment-51672</guid>
		<description>Which learned and wise senior lawyer would want to get "tied up" or "tied down" by the authorities by being a judge. It can be pretty frustrating if you were promised all the freedom in the world to make judgments when they offer you the job just to find that such promise mean nothing in the end. The judiciary in Malaysia is simply not INDEPENDENT! The Executive puts its hands in every sector and turns the whole system topsy turvy!!!!!</description>
		<content:encoded><![CDATA[<p>Which learned and wise senior lawyer would want to get &#8220;tied up&#8221; or &#8220;tied down&#8221; by the authorities by being a judge. It can be pretty frustrating if you were promised all the freedom in the world to make judgments when they offer you the job just to find that such promise mean nothing in the end. The judiciary in Malaysia is simply not INDEPENDENT! The Executive puts its hands in every sector and turns the whole system topsy turvy!!!!!</p>
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		<title>By: bhuvan.govindasamy</title>
		<link>http://blog.limkitsiang.com/2007/09/30/no-malaysian-chinese-as-federal-court-judge-first-time-in-50-years/#comment-50550</link>
		<dc:creator>bhuvan.govindasamy</dc:creator>
		<pubDate>Mon, 08 Oct 2007 03:15:38 +0000</pubDate>
		<guid>http://blog.limkitsiang.com/2007/09/30/no-malaysian-chinese-as-federal-court-judge-first-time-in-50-years/#comment-50550</guid>
		<description>A sad day for the M'sian judiciary. 

The M'sia law, order &#38; justice system has been rendered impotent since the time of Mahathir, so this had to happen sooner or later.

As for me, I'll been visiting Elder Brother Wu (my local godfather) when I need justice.</description>
		<content:encoded><![CDATA[<p>A sad day for the M&#8217;sian judiciary. </p>
<p>The M&#8217;sia law, order &amp; justice system has been rendered impotent since the time of Mahathir, so this had to happen sooner or later.</p>
<p>As for me, I&#8217;ll been visiting Elder Brother Wu (my local godfather) when I need justice.</p>
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		<title>By: csl</title>
		<link>http://blog.limkitsiang.com/2007/09/30/no-malaysian-chinese-as-federal-court-judge-first-time-in-50-years/#comment-50230</link>
		<dc:creator>csl</dc:creator>
		<pubDate>Thu, 04 Oct 2007 23:34:43 +0000</pubDate>
		<guid>http://blog.limkitsiang.com/2007/09/30/no-malaysian-chinese-as-federal-court-judge-first-time-in-50-years/#comment-50230</guid>
		<description>I never heard there is a fair world out there. The different is just people can pack it nicer to look and we can't.</description>
		<content:encoded><![CDATA[<p>I never heard there is a fair world out there. The different is just people can pack it nicer to look and we can&#8217;t.</p>
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		<title>By: Jamesy</title>
		<link>http://blog.limkitsiang.com/2007/09/30/no-malaysian-chinese-as-federal-court-judge-first-time-in-50-years/#comment-49949</link>
		<dc:creator>Jamesy</dc:creator>
		<pubDate>Tue, 02 Oct 2007 06:33:14 +0000</pubDate>
		<guid>http://blog.limkitsiang.com/2007/09/30/no-malaysian-chinese-as-federal-court-judge-first-time-in-50-years/#comment-49949</guid>
		<description>All the more you must clean up the WHOLE HOUSE first, right?</description>
		<content:encoded><![CDATA[<p>All the more you must clean up the WHOLE HOUSE first, right?</p>
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		<title>By: bennylohstocks</title>
		<link>http://blog.limkitsiang.com/2007/09/30/no-malaysian-chinese-as-federal-court-judge-first-time-in-50-years/#comment-49948</link>
		<dc:creator>bennylohstocks</dc:creator>
		<pubDate>Tue, 02 Oct 2007 06:27:44 +0000</pubDate>
		<guid>http://blog.limkitsiang.com/2007/09/30/no-malaysian-chinese-as-federal-court-judge-first-time-in-50-years/#comment-49948</guid>
		<description>"In the 2008 Budget presentation, the Prime Minister-cum-Finance Minister, Datuk Seri Abdullah Ahmad Badawi announced that as part of the effort to inculcate corporate social responsibility (CSR), all public-listed companies will be required from the financial year 2008 to disclose their employment composition by race and gender."

Uncle Lim wrote about this too. Too trivial?</description>
		<content:encoded><![CDATA[<p>&#8220;In the 2008 Budget presentation, the Prime Minister-cum-Finance Minister, Datuk Seri Abdullah Ahmad Badawi announced that as part of the effort to inculcate corporate social responsibility (CSR), all public-listed companies will be required from the financial year 2008 to disclose their employment composition by race and gender.&#8221;</p>
<p>Uncle Lim wrote about this too. Too trivial?</p>
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		<title>By: Jamesy</title>
		<link>http://blog.limkitsiang.com/2007/09/30/no-malaysian-chinese-as-federal-court-judge-first-time-in-50-years/#comment-49924</link>
		<dc:creator>Jamesy</dc:creator>
		<pubDate>Tue, 02 Oct 2007 01:58:12 +0000</pubDate>
		<guid>http://blog.limkitsiang.com/2007/09/30/no-malaysian-chinese-as-federal-court-judge-first-time-in-50-years/#comment-49924</guid>
		<description>One must either be blind or a moron too if one cannot see the issue in TOTALITY!</description>
		<content:encoded><![CDATA[<p>One must either be blind or a moron too if one cannot see the issue in TOTALITY!</p>
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		<title>By: Jamesy</title>
		<link>http://blog.limkitsiang.com/2007/09/30/no-malaysian-chinese-as-federal-court-judge-first-time-in-50-years/#comment-49911</link>
		<dc:creator>Jamesy</dc:creator>
		<pubDate>Tue, 02 Oct 2007 01:20:59 +0000</pubDate>
		<guid>http://blog.limkitsiang.com/2007/09/30/no-malaysian-chinese-as-federal-court-judge-first-time-in-50-years/#comment-49911</guid>
		<description>Yes, Malaysian Chinese may not be appointed into the Federal Court for the past 50 years, so is the Orang Asli, the Baba and Nyoya community, the Portugese minority and the Sikh community and other minority communities. Aren't these minorities group deserved a chance too? Why only highlight the Malaysian Chinese and leave out the rest?
 
Do you mean to say that pre-1988, the Judiciary is already rotten? Or rather, in the pre-1988 period, the appointment and promotion of judges is already in doubt and not based on merit?

Come on, the issue highlighted by Uncle Lim(No Malaysian Chinese as Federal Court Judge-first time in 50 years) is just a trivial matter. Please look at the issue as a whole. The issue at hand is about the independence, impartiality and integrity of the judiciary that has been questionable since the sacking of Tun Salleh Abas in the year 1988. Like I said earlier, the Judiciary after 1988 is in total mess and chaos. Clean up the Judiciary first, then everything such as the appointment and promotion of judges based on merit will automatically fall into its place and be in the right track.</description>
		<content:encoded><![CDATA[<p>Yes, Malaysian Chinese may not be appointed into the Federal Court for the past 50 years, so is the Orang Asli, the Baba and Nyoya community, the Portugese minority and the Sikh community and other minority communities. Aren&#8217;t these minorities group deserved a chance too? Why only highlight the Malaysian Chinese and leave out the rest?</p>
<p>Do you mean to say that pre-1988, the Judiciary is already rotten? Or rather, in the pre-1988 period, the appointment and promotion of judges is already in doubt and not based on merit?</p>
<p>Come on, the issue highlighted by Uncle Lim(No Malaysian Chinese as Federal Court Judge-first time in 50 years) is just a trivial matter. Please look at the issue as a whole. The issue at hand is about the independence, impartiality and integrity of the judiciary that has been questionable since the sacking of Tun Salleh Abas in the year 1988. Like I said earlier, the Judiciary after 1988 is in total mess and chaos. Clean up the Judiciary first, then everything such as the appointment and promotion of judges based on merit will automatically fall into its place and be in the right track.</p>
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		<title>By: undergrad2</title>
		<link>http://blog.limkitsiang.com/2007/09/30/no-malaysian-chinese-as-federal-court-judge-first-time-in-50-years/#comment-49890</link>
		<dc:creator>undergrad2</dc:creator>
		<pubDate>Mon, 01 Oct 2007 21:57:39 +0000</pubDate>
		<guid>http://blog.limkitsiang.com/2007/09/30/no-malaysian-chinese-as-federal-court-judge-first-time-in-50-years/#comment-49890</guid>
		<description>It's a margin call. There's no reason to be happy!</description>
		<content:encoded><![CDATA[<p>It&#8217;s a margin call. There&#8217;s no reason to be happy!</p>
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		<title>By: Jeffrey</title>
		<link>http://blog.limkitsiang.com/2007/09/30/no-malaysian-chinese-as-federal-court-judge-first-time-in-50-years/#comment-49887</link>
		<dc:creator>Jeffrey</dc:creator>
		<pubDate>Mon, 01 Oct 2007 21:48:34 +0000</pubDate>
		<guid>http://blog.limkitsiang.com/2007/09/30/no-malaysian-chinese-as-federal-court-judge-first-time-in-50-years/#comment-49887</guid>
		<description>//I donÃ¢â‚¬â„¢t believe Hamid would have been sacked as he had claimed or said to Param// - Undergrad2. 

It is hard to say because to TDM you're either with the 'renegade' judges led by Tun Salleh Abas against him or with him!

However if Tun Hamid Omar was sacked by TDM because he chose to uphold the law and independence of the judiciary he would have earned a good name instead of a resolution from the Malaysian Bar passed against him unrescinded.....but Hamid chose otherwise, whether to protect his remuneration or advance his ambition, whichever.    

According to former Bar Council President/ UN "special" rapporteur, Param Cumaraswamy Hamid said, Ã¢â‚¬ËœParam, if I donÃ¢â‚¬â„¢t accept, I will be sacked. If I am sacked, will you or your Bar Council compensate my losses of remuneration?Ã¢â‚¬Â

This would suggest that, to Hamid, his remuneration was more important that the Rule of Law and Executive (TDM)Ã¢â‚¬â„¢s emasculation of the Judiciary Ã¢â‚¬â€œ Period!

As senior judge he knew well the basic principle of law that a litigant should not appoint the Judges or sit in tribunal (as chairman) to decide a case in which he was personally involved.  (Hamid was a respondent in the proceedings brought by Tun Salleh Abas, and that this factor would disqualify him from participating in any matter connected with the proceedings involving Salleh Abas). 

Acting Lord President of Tan Sri Wan Suleiman and judge George Seah refused to be in Kota Bharu as directed by Hamid. They wanted to join Eusoffe Abdoolcader and 2 others in KL to convene the Supreme Court to immediately hear the application by Salleh AbbasÃ¢â‚¬â„¢s counsel Raja Aziz Addruse against Salleh AbbasÃ¢â‚¬â„¢s dismissal.  

Tan Sri Haider Mohd Noor then was Chief Registar of the Supreme Court. He told Hamid that the 5 member Supreme Court was convening. Hamid instructed him that the Court staff should not be involved and the Court room be not made available to the five Supreme Court Judges, that the Supreme Court seal should be made available to them. Tan Sri Wan Sulaiman in his capacity as the Presiding Judge of a specially constituted 5-member Supreme Court of Malaysia instructed Haidar that the Supreme Court would sit and he would be cited for contempt if he obstructed. However Haidar sided with Hamid in flagrant defiance of the 5 member Supreme Court in support of Hjamid supported in turn by the then PM TDM, and the rest is history : the 5 judges were eventually removed, Hamid became Lord President, Haidar was appointed a Judge of the High Court in Borneo; then returned to the High Court in Malaya and was elevated to the Court of Appeal and subsequently to the Federal Court before his appointment as Chief Judge of the High Court in Malaya. 

Upon retirement he is a big time corporate man Ã¢â‚¬â€œ and now appointed as chairman of the supposedly independent 3 man panel to investigate authenticity of LingamÃ¢â‚¬â„¢s videoclip !!!!!</description>
		<content:encoded><![CDATA[<p>//I donÃ¢â‚¬â„¢t believe Hamid would have been sacked as he had claimed or said to Param// - Undergrad2. </p>
<p>It is hard to say because to TDM you&#8217;re either with the &#8216;renegade&#8217; judges led by Tun Salleh Abas against him or with him!</p>
<p>However if Tun Hamid Omar was sacked by TDM because he chose to uphold the law and independence of the judiciary he would have earned a good name instead of a resolution from the Malaysian Bar passed against him unrescinded&#8230;..but Hamid chose otherwise, whether to protect his remuneration or advance his ambition, whichever.    </p>
<p>According to former Bar Council President/ UN &#8220;special&#8221; rapporteur, Param Cumaraswamy Hamid said, Ã¢â‚¬ËœParam, if I donÃ¢â‚¬â„¢t accept, I will be sacked. If I am sacked, will you or your Bar Council compensate my losses of remuneration?Ã¢â‚¬Â</p>
<p>This would suggest that, to Hamid, his remuneration was more important that the Rule of Law and Executive (TDM)Ã¢â‚¬â„¢s emasculation of the Judiciary Ã¢â‚¬â€œ Period!</p>
<p>As senior judge he knew well the basic principle of law that a litigant should not appoint the Judges or sit in tribunal (as chairman) to decide a case in which he was personally involved.  (Hamid was a respondent in the proceedings brought by Tun Salleh Abas, and that this factor would disqualify him from participating in any matter connected with the proceedings involving Salleh Abas). </p>
<p>Acting Lord President of Tan Sri Wan Suleiman and judge George Seah refused to be in Kota Bharu as directed by Hamid. They wanted to join Eusoffe Abdoolcader and 2 others in KL to convene the Supreme Court to immediately hear the application by Salleh AbbasÃ¢â‚¬â„¢s counsel Raja Aziz Addruse against Salleh AbbasÃ¢â‚¬â„¢s dismissal.  </p>
<p>Tan Sri Haider Mohd Noor then was Chief Registar of the Supreme Court. He told Hamid that the 5 member Supreme Court was convening. Hamid instructed him that the Court staff should not be involved and the Court room be not made available to the five Supreme Court Judges, that the Supreme Court seal should be made available to them. Tan Sri Wan Sulaiman in his capacity as the Presiding Judge of a specially constituted 5-member Supreme Court of Malaysia instructed Haidar that the Supreme Court would sit and he would be cited for contempt if he obstructed. However Haidar sided with Hamid in flagrant defiance of the 5 member Supreme Court in support of Hjamid supported in turn by the then PM TDM, and the rest is history : the 5 judges were eventually removed, Hamid became Lord President, Haidar was appointed a Judge of the High Court in Borneo; then returned to the High Court in Malaya and was elevated to the Court of Appeal and subsequently to the Federal Court before his appointment as Chief Judge of the High Court in Malaya. </p>
<p>Upon retirement he is a big time corporate man Ã¢â‚¬â€œ and now appointed as chairman of the supposedly independent 3 man panel to investigate authenticity of LingamÃ¢â‚¬â„¢s videoclip !!!!!</p>
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