Showing posts with label Student Life. Show all posts
Showing posts with label Student Life. Show all posts

Monday, 30 June 2008

Coming Out!!

How would your reaction be, if you saw a young couple holding hands walking down a street? A couple whom are young, carefree, and they are both males. Shocking is it not? Why is that so? Society has always shunned people whom are different from them. It is an obvious feeling, the one that is filled of hatred and prejudice. This sort of animosity causes most of those whom are “out of the ordinary” to be cooped up in their own world. One full of lost hopes and unfulfilled desires. This is a tale, one that shall in my opinion, give us a deeper insight on these people, and come in terms with the fact that the time has come for all homosexuals to come out. Coming out means identifying as gay, lesbian, bisexual or transgender. It is when one decides to be honest about their sexual orientation or gender and identity.

Coming out contributes to progressive and productive movements of the gay community. According to Herek (2002), since the Stonewall incident, the gay rights movement has increased due to the help of campaigns for racial, ethnic, and gender equality that was developed during the 1960's. Since then, many advocate group sprung throughout the nation. He further added that in the year 1990, the hate Crimes Statistics Act became federal law, bringing with it a major victory, as it was the first federal legislation that addressed the issue regarding homosexual needs. It can be seen throughout history that since the Stonewall incident, many gay rights movements gained momentum. With it, the gay community was first seen. Pride was held a few years later with slogans such as “We’re here, and we’re queer” or “I’m not Gay but my boyfriend is”. A sudden outburst of gays walking down the street portrayed the change that has evolved in a short span of time. This small move caused a ripple that has since been growing ever larger. Through it many political, economical and social changes were made.

A study done by Evelyn Hooker, which established that homosexuality is not a disease. In the year 1973, the American Psychiatric Association did not classify “ego-syntonic homosexuality” as a mental disease, as it was cited in the New Encyclopedia Britannica (2002). The idea that homosexuality is curable is a baseless assumption. Homosexuality is not a disease or a plague. It is just a feeling, and an emotion. In learning to accept homosexuality as just a part of humanity, it brings us one step closer to understanding the fact that all humans are the same. The only minor differences that arise are the partners we choose. The gender should not be a problem.

We humans tend to discriminate those we know nothing about or those who we misunderstood. It is a flaw that has persisted through time. Discrimination towards people who have AIDS, ethnic groups, punks, those with a criminal records, disabled, and just about anybody who is perceived to be different from ‘us’. It is not surprising that a person’s sexual orientation and gender or identity that are different face discrimination. Untold articles write about gay bashing, lost of jobs due to being gay, career vulnerability, criminal liability and death threats among the forms of abuse taken. Even those who are closest to you may not accept you. As put forward by Villarosa and Villarosa (1991), it was connoted that she could not accept the fact that her daughter is a lesbian, she was angry and disappointed – being not able to handle the fact to the extend that even the topic was not open for discussion. Truly one cannot expect all welcomes to be roses. But with the right guidance and understanding one can help further the case that it is not about who or how we sleep with but the overall human bond that is love. Even a mother could not stop loving her child even if that child is gay.

In an article posted (BBC News, 2001) Tun Dr. Mahathir Mohamed said that if gay British officials come to Malaysia with their boyfriends, they would be sent packing. “British people accept homosexual ministers, but if they ever come here, bringing their boyfriend along, we'll throw them out.” It is clearly shown here that in most government based upon Abrahamic religion view homosexuality as a sin. The fact that gay and lesbians are against the fundamental rules of religion, it gives an opening to direct confrontations. Mostly, it leads to discriminatory acts, violence and sometimes-even death. It is purely human characteristics to shun and abhor whatever that threatens the norm. In this case, being homosexual is way outward and inevitably will result in the worst of all discrimination. The possibilities are endless, but it could be said that a gay genocide would be the end product of such acts.

Unfortunately, coming out of the safe closet apparently is a tough call. It is hard to change mindsets that have been implied for years and years till now. But, if we take a step back and look at the changes, we can see clearly that being gay or lesbian is not a threat. It helps to change the fixed mindset of many to adapt and most importantly to accept what is different. There are so many people out there whom are afraid of change. It is time for such people to come out of their closets and learn to accept and see what is hidden. Too long has homosexuality been oppressed and swept under the carpet. As we ponder upon these questions, we come to the realization that it is not homosexuality that should be hidden; it is actually the discrimination against it. Why be threatened by something different? Every human has emotions and feelings. Passion, love, anger, fear and lust they are all human feelings and emotions. So, what gives us the right to determine what is normal and what is not? Alexander the great was undeniably a gay. He had many court jesters and friends whom he shared explicit relations of sexual and lustful manner. However, this did not falter his supremacy in warfare and conquering. Indeed, he was amongst the many greater leaders of the world who recognized that change was hard to accept. The Hellenistic culture, a hybrid of Persian and Turkish cultures hard-boiled into one. Does this undermine a gay person’s character? Absolutely not, gay and homosexuality has been with us for generations.

There is a significant personal gain in coming out. One must understand that when one comes out of the closet one would have lifted a burden from oneself. In Villarosa and Villarosa (1991), Linda was quoted saying that she stopped being afraid of rejection. Her mother though dissapointed and angry never stopped loving her and this provided her the supported she needed in being her trueself. It is in their family and friends that homosexuals seek acceptance. The main reason people come out is because, they can’t stand hiding who they are any more. Once they’ve come out, most people acknowledge that it feels much better to be open and honest than to conceal such an essential part of themselves. Most of the emotional disturbance effecting homosexuals around their sexual identity is based on physiological causes but rather is due more to a sense of alienation in an unaccepting environment.

There are many societies, agencies that promotes and advocates for the rights of homosexual youths. Societies such as Parents, Families and Friends of Gays and Lesbians (PFLAG), national hotlines such as the Trevor Helpline, websites such as Advocate and HRC all provides sources for those who are homosexuals or those who are confused with themselves. Thses societies and helplines evidently show that there is support for homosexuals. It gives the impression that times have changed and so will the lives of many.instead of supressing what is real, they are given a chance to shine through endless encouragement and emotional support. They are now encourage to shout out rather than stay quite. Gay and straight alliances show that even the mindset of the youth are changing. It is not ones sexuality that’s important but ones heart.

How long can you keep a secret? A minute, a day, a week, a month? Come to think about it, how about a lifetime? Why is it that when we preach about honesty and truth, we contradict ourselves by blatantly refusing to listen to those who are crying out their heart’s desire. It is an honest expression, a vivid description of life in it simplest form. It is time for us to take a step backwards and to thoroughly examine the concepts and beliefs we hold dear. Are the years of oppression towards the minority really will affect us dramatically? People fear what they do not understand. So it is better to deeply scrutinize the flaws that our minds tend to imagine, but in the end turn out to be the truth and nothing but the truth.

Coming to your family and friends could be the hardest thing a person could ever do. The fear of rejection is always prominent in your thoughts. It would always be a risk to come out, as you can never know how anyone would react. But by being true to ourselves and towards others can we truly lead a healthy and productive life. If you were to hide yourself behind a shame of life it would only be meaningless. Statistics have shown that the more people who know somebody gay the more they are likely to be sympathetic towards them. This is because they are familiar with such people. It is almost the same as the stigma faced by those faced with AIDS. People did not understand its true nature so they did what they taught was right, which was to abhor them and keep an ultimate distance. It is a plea, a cry to the community to accept and move alongside gays and lesbians. Though different by nature, we are same by heart.

Wednesday, 16 January 2008

So long and fare well!!

Many things have been going on this month. Chief among them is that one of my close friend is planning to leave to New Mexico. So, in conjunction of her leaving us here. Rema and I decided on an all out PARTY!! Not in the usual sense but more of a constant state of being idiotic. Did things we would never dream (or had the time) of doing. Going places that are borderline to illegal! It is a hard thing, to loose a friend. One that is cherished and thus couldn’t be simply let go. One must make the best of things. Taking risk for each other is called for. I hope she is happy where she is going. That her future shall be bright as ever, for she is one of the best souls that I’ve come across. To you Soni, May our friendship hold!

Tuesday, 25 December 2007

Happy Birthday Soni!!

So it was Soni's Birthday.. Took her to JJ and had a quater Cheesecake.. Followed with a movie:



The idiot thought that was it.. Was she in for a surprise!! Yes Soni.. We All LOVE You..





So glutten!! Macam tak cukup mkn jer! We feed u Kay!

Wednesday, 28 November 2007

Got caught.. Finally!!

So I finally got my first experience of getting rushed!! 



Friday, 19 October 2007

Preparing for todays Open House!! while getting a little buzzed..

okay.. i just got back like 6am this morning and i'm up by 8:30am to prepare the open house.. kinda a hectic day.. thankfully i have a friend in Absolut Peach Vodka.. mind u i'm not one to drink early in the morning..but the situation called for a mild dose of liquor.. A splash of that vodka.. fill it with ice and coverit with 7-up.. Now i'm pleasantly on a mild high.. nothing that'll make me drunk but enough to get me going..

Now my friends will ask me what the hell i'm doing getting a drink at my parents house.. I seriously dunno.. Will need to re-look at things.. Anyways, i might actually need to go for an AA meeting..

Monday, 15 October 2007

My one and only gurl!!

A shout-out to my gurl Ain wherever u are.. My dear, my heart misses u presence.. This line of passion that we secretly shared from the moment we meet could never be erased from any distance or that of any other boundaries.. u’ve seen me at my worst and I’ve seen urs.. this Raya I’m thankful of ur unfailing support.. a gurl like u comes only once in a lifetime..

Luv ya to peaces gUrL!!

Monday, 8 October 2007

Is it Over?

Exams are finally over and the holiday depression starts!! I’m kidding but only by half!! I’ve made mistakes in my life but never one this BIG or this Stupid.. In one moment of weakness I’ve destroyed the one good thing I had going and also hurt a person in doing so.. How can one forgive oneself in such a festive moment..? U dread not hearing from that beloved thinking no matter what you say and do to redress that wrong U will never be forgiven.. U hang by a thread thinking all the possible scenarios.. Resort to reading a book only to find that of all lucks it represents your story albeit in a different venue and circumstances.. the sheer closeness of the issue grabs u.. I shall miss the companionship.. It is a lesson learned.. Hopefully this boi shall grow and not make this same mistake..

Saturday, 29 September 2007

Feeling emo.. with you gone.. Awaiting ur return my love!!

All At Sea by Richard Walters

Silence is empty, filled with breaths from mouths
that never move no more

she talked some more, she talks now

and all the lights went out in empty rooms
and now the empty hall

I talk alone, i talk now

And all I wanted was a Chance to see you anyway

hold me, fold me up in your arms
faster, my love, sinking and gone

I was aware the time, I was a son before i met you dear

I talk alone, i talk now

and all the lights go out in empty rooms
and now the dirty hall

I talked alone, I talk now
And all I wanted was a Chance to see you anyway

Hold me, fold me up in your arms
Faster, my love, shrinking and gone

Hold me, my love
Telling me don't be afraid
Wouldn't you want me to swim
Wouldn't you want me to stay?

Hold me my love
Telling me won't be afraid
Wouldn't you want me to swim
Wouldn't you want me to stay

Friday, 31 August 2007

MeRdEKa!!

It's our country's 50 anniversary of it's independance and here I am celebrating at PureBar counting down the final secomds with my friends.. After all that our country has been through.. The GOOD and the BAD.. It is truely remarkable the strides that has taken place and how far we've come.. Dancing to our country's independance may not be the idealistic way of celebrating but as we'd just finnished our criminal paper it fealt great..

I was tempted into pondering one question that night.. What state will our country be in in the next 50 years.. Will our country be totally different? Will the cultures of this country be assimilated? Will such unity still exist?

As for now.. I shall enjoy this celebration and leave these thoughts for another day..

Monday, 13 August 2007

Back to school... that we call life!

Owh.. life is full when ur busy and can't seem to find the time for urself... Assignments, friends, research, reports.. Ain't life grand!! Student life seems so leisurely, u don't have to worry about bills, mortgage, any of those mundane stuff that are associated with adulthood.. But it is easily forgotten by our parents what it was like to feel young.. the yearning to do stuff. To make our own mistakes.. to feel in love and not feel alone.. We make our stand.. each generation doing it differently from the past.. each of us trying to make our mark.. Being different is nothing new.. it is that we rise above ourselves and try to make a difference that we truly define ourselves.. hum.. who am I to judge.. made my share of mistakes.. and I’ll probably make more.. hopefully I’ll learn from the past.. but the mistake is mine to make, for how else am I to learn?

Sunday, 12 August 2007

Musings of a young man..

I feel like there's something missing... the second foot hasn't fell.. the quite before the storm.. I feel people are holding out on me.. I felt the week was great but that it was not over.. my world is this expanding bubble that is about to burst but just wouldn't... I am in anticipation of a certain disaster.. i'm feeling so pessimistic and yet I can't help myself.. feeling hopeless in this situation.. An impending disaster? Only time will tell..

Is there trust here? I feel like every turn is a pitfall.. will a small mistake will be the end of me? No one is telling the truth or are they keeping it to themselves? Why can’t they be open.. communication is key rite? Can there ever be trust? To hell with this..

Tuesday, 7 August 2007

A Firts Date..

These feelings of insecurity is always prevalent before I go on a date.. So freaking nervous that I resort to calling my friends just to pass the time till that moment approachers.. I mean in these days and times online dating is not a big deal.. U exchange pics.. Make a few calls and then u meet.. But i must say.. This was a first for many.. First it was one of the fastest that i set a date for which we would meet up.. Another is that this guy did not plan to get into my pants on the first date... Big potential there.. Uhm.. what else? even after a day i still have that uplifting feeling.. Well a dinner followed by ice-cream seems like a typical date but for me it was a milestone as i for one hv never been in any sort of date let alone a relationship.. This is a first of first in the hopes that there'll be more to come.. So I'll leave it there.. For now!!

Thursday, 19 July 2007

A new day!!

It can be unexpected, what a day brings.. I went to KL yesterday to send a friend home.. A trip that was such a new experience as I haven't been on a road trip such as this with my friends in Malacca.. A spur of the moment idea, which turned into a blessing in disguise.. Spent the night at her house(father insisted).. we then decided (at my urging) to skip class and go out for a day trip.. of all the times it turned out today was our lucky day as lecture was cancelled.. we spent the day exploring KL in many ways.. from new routes to new foods to delight our taste buds.. thinking the day was at an end with us going back.. I had a pleasant surprise to get a text from a friend wanting to meet up.. so the evening was not an end.. spent 30 minutes cleaning my room for the arrival surprising myself at how fast it took.. now exhausted from all the action.. I shall retire to bed early.. in hope that I shall make it to tmrows class.. A lessoned learned is that in everything we do.. there is always a silver lining.. and today I’m remembered of this simple act that has lead to such wonderful day..

Thursday, 5 July 2007

05 Jul 2007, 04:01

Today I'm pissed!! It is as if someone were to tell me that I'm just a piece of meat!! I mean hey I love sex just as the next guy.. But I do have some pride.. If a guy tells you he'll msg u tmrow u should at least understand that it is late and some of us do plan to go to class tmrow.. granted that I'm up late.. but hey, gave u my number said i'll msg u tmrow, the least u could do was wait.. NOO.. u had to call.. when my mind is half asleep!! then to make things worst u proposition me ta hook-up and sleep with u? What is this?? I ain't that cheap.. I said let's have dinner.. will take it from there.. u didn't even hv the courtasy to give me ur pic.. Man these day's.. Arn't there any out there that are halfway decent..

Argh.. If by chance understand this.. congrates to u.. hum.. lesson learned..

Tuesday, 22 May 2007

Study.. study.. study..


Yay.. Only left with this last one paper .. then i'm bound home free!! hum.. the other day was spent in the library cam whoring.. Read notes that was a total waste, as none of which came out.. Should have known better than to read on Syariah Courts..


Hehe.. Arif was playing with Sara's ring.. pretending to be engage konon!! Poor Steven......... Was so much fun seing Nina grab for the ring my God! her face was so bloated it looked surreal!! After that little mood was left to study in.. It left with our main pastime.. CAM WHORING!!





Finally the Miss's got back her ring and the spell was broken.. She's prety at long last!! :p Anyways.. we headed for dinner.. still cam whoring the whole way..

Sunday, 20 May 2007

Goodbye Legal Language II!!!

Finally that damn exam is finally over.. Was up all night worrying about that paper. Glad it is now over and done with.. Woohoo..! Went out for breakfast at McD around 4am.. Man weren't we grateful they serve it early here.. Went with my housemate and 2 girl friends.. While eating I was looking into my friends hp and came across this pic.. Thinking it was a picture of his ass I showed it to the gurls.. God!! My mate took one look at the pic and laughed out loud.. Turns out it was not his pic but mine.. In my hurry to erase it I mistakenly looked into the next pic. Boy was I in for another surprise.. Turns out he had a picture of his own.. Lets just say it was too explicit.. His excuse was to say he was bored the night before.. Now it was my turn to laugh.. To my dismay he took the hp and deleted the pic.. After that didn't have the mood to study.. Just kept chatting.. Forced to cram some stuff in the end and we left to go change. All in all I was basically glad that exam was over.. Now I need to get ready for tomorrows exam.. Hum.. Guess I got to get going.....

Thursday, 17 May 2007

All RISE!!

Today was one off those days when something wonderful but totally unexpected happened. The night before, I was asked by a friend to help a friend of a friend with a problem in which her friend had to appear to the courts. The story goes is that this friend had a run with the law and as a foreigner the police tried to bribe him. Following their failure to extort from him the issued him a warrant of appearance.

The problem arised when the said friend had an exam on he date an time of the appearance. We decided to go early to the IPK Malacca to inform them that our friend could not attend the appearance. Once we were there we were told that we could not send such a letter as the court hearing was in an hour. We explained that as a foreigner he did not know the Malaysian legal system.


Dejected we decided to have breakfast. Half way through we got a call from a friend’s dad stating that we should go to the court hearing and ask for a new subpoena. If not the court would issue a warrant of arrest.So we all went to the Makhamah Magistrate Air Keroh. Upon reaching there we were told to go to the Magistrate Court 1 which was the Traffic Court. We then gave the warrant of appearance to the bailiff. We waited for three hours before the court heard our case by then most cases were already decided. Let’s say nervous did not cover the magnitude of what I was feeling. As usual, I’m always terrified of doing something new in which I have this deep fear of humiliating myself publicly.

So it was with great trepidation that I approached the bench. I gave my IC and asked permission from the court to speak English as I knew I would totally be a mess if I were to speak Malay. I said I was representing my friend as he could not attend the hearing as he had an exam. With that I gave the court a copy of his exam certificate and student id and a copy of his Malaysian Immigration ID. The court asked my relationship with the accused and I said I was a friend and with that I gave my student ID proving I was a student. I then told the court that my friend just finished his exam and that he was on is way. The court to my surprise said that they would wait for him to come. Man! I was left speechless. Thinking I would get a new court hearing I was going to have to prepare my friend in minutes.


I was left waiting for my friend a half an hour all the while praying that he would come. I confess that I was afraid that this friend might have left me stranded. Afraid I might get a contempt of court I urged my friend to call him. But I was proved wrong as he showed up later and explained he was late due to the fact that he got lost. The bailiff was already sneering at me. He then had uttered these words: ‘kau ni nak klentong makhamah ke? MMU tu tak jauh! Apa yang lambat sangat ni?’ Suffice to say I was glad when he arrived.

After waiting for another 20 minutes my friend was called to appear before the court. Due to his lack of understanding of the Malay language I was allowed to approach the court and help translate the legalese. He was charged under 2 counts. After explaining the charges he pleaded guilty on 2 counts.

I then pleaded to the court for a lighter sentence as this case was a matter of circumstances and furthermore my friend was a first time offender. It was to our amazement that the court gave him a very light sentence due to the situation. A fine of RM100 was issued for each count.


Well my mom always said that a good deed never went unrewarded and it will always be with me that my first appearance before the court. It was a simple traffic case but it gave me confidence that no debate or mock trail in class ever could.

Tuesday, 15 May 2007

Uhm.. It's off to the Library again..

Hum.. So the constitutional paper yesterday was as tough as old leather boots.. At the library.. Trying desperately to find a muse to help make this bearable.. Argh.. no eye candy with eye distance.. Suddenly everyone seems to be soo studious.. It is soo like MMU students to fill the library during the finals and not anytime else.. Guess its the same all over the world.. Wish there was a park on campus.. A breath of fresh air would be delightful..


Wah.. Man I'm bored. The next paper is Legal Language II and the lecturer gave no conclusive hits.. Not even the notes are usefull as such note were to be deemed insufficient to the lecturer.. Man sometimes it dosen't pay to have a idecisive lecturer who happens to be a bit temperamantel.. I(We) love you Mdm but you got to leave your personal issue aside and for Gods sake we are not trying to undermine your class or even try to be disrespectfull.. It is NOT disrespectfull to look into your eyes when we speak to you.. Its a sign of respect..

Anyways, for those of you who have an exam.. Wish you the best of luck!!

Monday, 14 May 2007

Argh.. Exams..

Man the paper was tough today.. Three hours and still the time was insufficient to finnish answering the questions.. Ganna go back to sleep now.. My eyes are puffy.. Hopefully tonite will go to the clinic.. Man its getting too sore..



Well, that was me at the library a few nights ago.. Hum.. Guess tommorow I'll head there back again.. Hopefully the Doc will give me a clenr bill of health..

Saturday, 12 May 2007

My first POST!!

Okay, so this would be my first post.. As such I think it would only be sufficient that I post whats currently foremost on my mind.. Yup.. It has something to do with the law.. This is something I'm reading for class.. Judicial Review.. Do we need judicial review? and if so.. What is it's importance.. Well, a brief intro on judicial review:

Judicial Review is one form of judicial control on the administration. This area looks at the general principles applied by the superior in reviewing the actions, inactions, and the decisions taken by the administration bodies. It was designed to protect the citizens from arbitrary and unfair actions and decisions by powerful bodies that exercise functions of public law significance, thus ensuring the application of rule of law. Basically, its outcome is to determine whether in making a decision or taking an action, a ‘public body’ has acted ‘within its power’ and in accordance to common law standards of fairness. To satisfy a judicial review proceeding, certain requirements need to be fulfilled; it must be of a public nature, it must have a public significance of the offending decision/action, it must be initiated by a person who must have an interest (locus standi), and lastly it needs to be specific on which grounds it wants the judicial revue is sought. In the case of Council of Civil Service Unions v Minister of Civil Service the court laid down the criteria which includes: illegality, irrationality, and procedural impropriety on the grounds for which judicial review may be proceeded. Lastly, judicial review is very important as it plays a significant role in upholding the principles of ‘rule of law’ and ‘separation of powers’. The rule of law is important as it contains three main ideas: the supremacy of the law, the regulation of government power, and equality before the law. This concept is vital as it entails equal protection for all its citizens, including against arbitrary state action and ensures that all citizens are subject to law. As for separation of powers, it is a doctrine where the individual organs of the government are controlled from imposing its powers upon the other organs. Separation of powers deals with the overlap in the spheres of power within a government. As such, it lays down the fundamental rule that each organ of the government should not be given unlimited or excessive powers, as it might lead towards the abuse of power.

In Malaysia there is no express provision that provides for judicial review. Most administrative statues have even to an extent been designed to remove judicial review. In the end what is left is that in certain statues judicial review is either to be totally removed or that is partially removed. What is left is up to the courts to decide as to what extent can there be judicial review. One must first seek leave from the court before one may bring an action with regards to judicial review. For an application to judicial review there are certain conditions that needs to be fulfilled. These conditions are: (a) the are of dispute must concern public law issues; (b) that the source of the decision/action against which the complaint is made must be a ‘public body’; (c) the application for the judicial review must concern a public law issue that is prima facie ‘justiciable’; (d) the court must recognise the applicant as having standing ‘locus standi’; (e) the standing of the individual or that of interest and pressure groups; (f) the time limit; (g) the successful applicant must have already exhausted all other avenues that statue may have already provided; (h) and finally, and most importantly, the applicant must at least seek one of the grounds which the court has deemed acceptable for the purpose of judicial review, i.e. illegality, irrationality, procedural impropriety.

As to the question in which the issue must arise, the courts have decided that it must concern public law. Thus one can see that in the case of Government of Malaysia v Loh Wai Kong the courts are able to extend or restrict the scope of review by deciding that a particular decision-maker is or is not within the public sphere. This can be seen in the case of Petaling Tin Bhd v Lee Kian Chan the court held that the Kuala Lumpur Stock Exchange is subject to judicial review when it exercise its disciplinary powers over its members. Another situation is that of a decision made by the Panel on Takeovers and Mergers under the Companies Act 1965.

Another condition that is related to the above is that the source of the decision/action is made by a ‘public body’. In determining whether a body is public or not the court will look into its function, and from there to whether it have public law consequences. The test is thus; ‘if the body in question did not exist would some government department assume its responsibilities’. Thus, in the case of R v City Panel of Takeovers and Mergers ex parte Datafin Ltd, the City Panel of Takeovers and Mergers was considered a ‘public body’ even though it was established on a voluntary basis. By contrast, one could look into the case of R v Disciplinary Committee of the Jockey Club ex parte Aga Khan, in which the court held that the relationship between horse-owners and the Jockey Club held no public law significance.

Next is the question on whether the public law issue is, prima facie, justiciable. As such certain matter are excluded from judicial review because they are matters of public policy. In Malaysia a good example is that of the refusal of courts to review decisions based on national security. On this one can see that in relation to preventive detention cases the courts have refused to review the detention orders. A similar attitude can be seen towards emergency proclamations under Article 150. The courts in both instances refuse to review the executive decisions on the grounds of national security and they further state that as the executive, which alone has all the necessary evidence, is the best judge on the matter. This policy has further gone to decisions related to the administration of justice. Thus, in the case of Superintendent of Pudu Prison v Sim Kie Chon the court held that the exercise of prerogative of mercy is not a justifiable matter. In the case of Chio Thiam Guan v Superintendent of Pudu Prison the court held that the decision by the Attorney General to transfer a criminal case from a lower court to the High Court was unfettered (free from restraint) and so beyond judicial review. It is surprising however that on occasion the courts have take a liberal view. This can be seen as the court where the grant and refusal of a passport was reviewable as held in the case of Government of Malaysia v Loh Wai Kong. In the case of JP Berthelsen v Director-General of Immigration the Supreme Court struck down an administrative order expelling a foreign correspondent within 24 hours’ notice and without any opportunity to the case against his expulsion to the government.

Another condition is that the applicant must have standing (locus standi). In short the applicant must have ‘a sufficient interest in the matter to which the applicant relates’. In R v Inland Revenue Commissioners ex parte National Federation of Self-Employed and Small Business, the ‘sufficient interest test’ was laid down by the courts in two stages: the first being when the applicant applied for judicial review and secondly on whether there was still sufficient interest during the judicial review proceedings. Thus, sufficient interest to initiate a judicial review is not enough one must still have interest during the proceedings itself. From this, two issues arises that being the standing of an individual and that from interest and pressure groups. On the first issue, the courts will always recognised the sufficient interest in a case where someone’s personal rights and interest are allegedly directly affected by a public decision/action as can be seen in the case of Schmidt v Secretary of State for Home Affairs. The courts may also find sufficient interest if an individual were to challenge a public decision/action that allegedly harms the whole of society as can be seen in the case of R v Secretary of State for Foreign and Commonwealth Affairs ex parte Rees-Mogg. The court will always find that there is sufficient interest when organisations challenge administrative decisions which may affect their members individually as in the case of R v Liverpool Corporation ex parte Liverpool Taxi Fleet Operators’ Association. The court may also find sufficient interest where the organisation such as Greenpeace, which had several thousand members and experts that are united in a specific course seek to challenge a decision with serious environmental consequences as in the case of R v Secretary of State for the Environment ex parte Greenpeace Ltd. which sought judicial review as to constructing a nuclear processing plant near a national park.

A time limit may also be imposed to ensure that there are no excessive delays in matters of emergency. The usually time limit if not statutorily provided is said to be from three based from English cases though the courts have extended such time with reasons it deems fit. In the case of Smith v East Elloe Rural District Council the court enforced the time limitations strictly.

Another prerequisite is that the applicant has already exhausted all other alternative remedies that statue may have foreseen such as that of appeals. But, the exception is that judicial review may still be granted even if the alternative remedial proceedings have not been exhausted due to delays in the relevant processes.

Lastly, the final condition that needs to be fulfilled is that the applicant must seek judicial review on one of the grounds that the courts has deemed acceptable for the purpose of judicial review. These grounds could be illegality, irrationality or procedural impropriety as laid down by the court in the case of Council of Civil Service Unions v Minister of Civil Service.

It is interesting to note the existence of ‘ouster clauses’ where an Act of parliament or that of a subsidiary act through delegated legislation is made with a clause stating that such actions made through it is immune to judicial scrutiny. In the seminal case of Anisminic v Foreign Compensation Commission the relevant Act provided that the decision made by the public body named Foreign Compensation Commission ‘shall not be questioned’. But, the courts held in the above case that its jurisdiction was limited by the statue’s words only if the decision in question had been reached ‘correctly’, which was not the case. It is further seen in this case that if the judges are determined to the reach the rule of law, the can even do so in the face of relatively clear words that Parliament does not intend judicial review to take place.

Well, looks complicated.. bored me to hell.. but hey.. if u want to do well u gotta just keep ur head-on rite.. anyway.. see you guys around.. Gtg to the library..