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2011年12月8日星期四

#International Volunteers Week (2-8 Dec): Don’t talk so much-lah

Spot where Snowpiano is in this secondary school photo

Pang Sheue Chyn, fondly known by many people as “Snowpiano” shares her view on volunteerism in an exclusive interview.

Snowpiano / sno-pee-a-no/

Noun: 29-year old female journalist. Studied Science and Technology Management at University Malaya. Worked as an Assistant Editor for Rocket newsletter for 1 year before becoming a journalist with Oriental Daily News for 2 1/2 years.

Verb: Dreams of a world without discrimination, injustice and abuse of power. Dreams of a world with happiness and joy amongst all races in Malaysia. Dreams of a better Malaysia.

Adjective: Reading and writing news on politics ignites the fire in her.

Ka Ea: What got you interested in doing volunteering work?

Snowpiano: I was first exposed to volunteering work after a group of students from the Universiti Teknologi Malaysia (UTM) came to my school in Kulai during the reformasi period. I was in Form Five then.

The UTM students organised an exhibition on various issues that touched on corruption, independence of our judiciary, rising price of petrol, impact of foreign policies on Malaysia, etc. The students stressed that these were important issues that students need to know about and to be honest, many of us were not aware of it.

Some of us were so troubled by these revelations that we wanted to create similar awareness on other youths.

At the World Peace exhibition in Kulai

Ka Ea: So what did you do to create that awareness?

Snowpiano: I got together with a team of 20 to 30 friends from school to organise a similar exhibition but focussing more on world peace at a shopping centre in Kulai. It was really fun and we learned a lot about how to organise exhibition and various issues such as education, international and national politics.

Ka Ea: D0 you think what you did have an impact at all?

Snowpiano: I’m not sure whether it was a success and whether we achieved what we set out to do since we were too young to assess such things. (Laughs)

Standing, second from the left.

Ka Ea: I’m really amazed and curious. You were really young. Did your school and parents know about this? Were they not worried about your engagement in “political activity” at such a young age?

Snowpiano: We did this on our own initiative. It didn’t involve our school. So, I don’t know what they think about it.

As for my parents, they trusted us and they didn’t object to it and to be honest, they thought it was a school project inspired by a group of university students. So what harm could it do? It was part of learning.

Many of my friends who participated in this activity went on to become politicians, government officials, teachers, NGO workers and journalists. So, I think we turned out not too bad! (Laughs)

Ka Ea: What drives you? Do you choose the type of cause you volunteer for?

Snowpiano: Any issues that affect Malaysians and Malaysia in general, interest me. So, I don’t really pick and choose a cause.

Once, my friends and I organised a camping retreat for drop-out students living in remote villages. Our objective was to create awareness on the importance of education. Education, not just from a classroom perspective. We wanted to impart on these students that even if they were not interested in their studies, they must find other meaningful ways of living their lives. You see, we were saddened by how many of them resorted to gangsterism after they dropped out from schools. We had workshop and counselling sessions with the students and hoped that these would help them to gain some perspectives in life.

I’m still in touch with some of them and am very happy to know that many of them have gone on to become responsible citizens. These are some of the things which drive me to do volunteering work.

Ka Ea: That’s amazing work. How did you mobilise all these youths? And did it cost you a lot to organise these activities?

Snowpiano: We spoke to [the] village heads and some school teachers and asked them for their help to identify the youths.

We also did fundraising on the streets. To be honest, it didn’t cost much. All of us also contributed some [money] from our own pockets. Seriously, people often think it costs a lot to organise activities but if you’re resourceful enough and keep the cost down to what’s necessary, it really doesn’t cost much.

Ka Ea: So, what happened to the “project”? Was there any continuity?

Snowpiano: It’s unfortunate. We wanted to do more but all my friends left Kulai after we graduated from secondary school. It was difficult to get together and continue [the project].

I’ve learned from this that it is important to build a DIY community, such as the one UndiMsia! is trying to achieve. Those who start a project must make sure that they pass on the knowledge and skills to others.

Sustaining a project is a challenge. It’s a waste to stop a good activity from continuing. [We] need to always nurture new people to take over.

Ka Ea: So, how would you encourage youths to do volunteering work? Many seem to think that they must concentrate on their studies and career first before they have the time to do anything else.

Snowpiano: I believe many people do not see the values of volunteerism. In fact, volunteerism can help youths to learn about many things which are useful to their studies and work. For instance, it really helps you to plan, organise and manage your time and work. These are things you can’t learn from a classroom. It helps you to realise your goal and purpose in life. It helps you to be resourceful and find ways of achieving things.

Finally and I think most importantly, it makes you alive. I notice that volunteers tend to be individuals who have passion for life. They have this spirit in them and I think this is wonderful.

Ka Ea: Yes, yes, it all sounds good but why do you think it’s so hard for many organisations to recruit and mobilise volunteers?

Snowpiano: (Ponders for awhile) Honestly? I think we must do away with traditional methods of recruiting volunteers. NGOs must be more result-orientated like the corporate world. The NGO mentality of skimping on money and time can sometimes be counter-productive. Sometimes, it’s important to spend more money and time to invest on fun and innovative activities that will attract volunteers.

I think sometimes, NGOs need to be a bit more “aggressive” and open-minded in their method of engagement. As long as the purpose is good, the method should not a factor. If [they] need to spend money to achieve results, then I think it’s justified.

Ka Ea: So, do you agree that volunteers should be paid?

Snowpiano: If an organisation can afford it, I don’t see why not. At least an allowance to help them cover some cost. But if someone expects to be paid when you ask for their help, then it’s not called volunteering, is it?

Ka Ea: Any last words?

Snowpiano: Errr…. yes. Let’s face it. Most youths are not interested to do volunteering work. I think there’s no point preaching to them about the benefits [of volunteering]. It’s pointless telling them [that] because they all know there is a shortage of volunteers to help out with so many issues in the world.

I think we need to stop talking so much and just get them to volunteer. Once they see the results of their work, it will encourage them to do more. Once they see how their work are affecting others and that they’re part of something, they will automatically volunteer. They must first see the results for themselves.

Ka Ea: So, basically, you’re saying we should all shut up and just do it?

Snowpiano: (Nods her head enthusiastically) Precisely.

On the stage with her friends at a mall in Kulai

2011年6月15日星期三

Re:UndiMalaysia! Taking A First Step For A Better Malaysia



This post was originally an entry in the author’s blog, and was translated for the blawg by Tiu Gi Gyn. It has been merged with another post by the author and edited further for clarity and consistency.

The original post, in Mandarin.

The original post, in Mandarin.

I got acquainted with a whole lot of people, most of them were youngsters, the majority of them were lawyers. However, they are very different from the ones you would normally see in law firms, where they are all suited up, and those wearing typical black and white attire in Court. Everyone here was in their casual attire, wearing t-shirts and jeans.

The host said that they had not come up with a name for the group, in the meantime they would just call it "UndiMalaysia! Kitchen", because the kitchen is the place where transformation of great "dishes" from raw ingredients takes place (metaphorically).

He said, it is not difficult to work on this as everyone would just have to go to their respective constituencies to carry out voter education campaigns, to listen to the voters’ needs, to understand the differences in the states of mind and points of view of the voters from both urban and rural areas in Malaysia. Is that difficult? He said it is not, because all you need to do is go to a coffee shop and have a chat with the people there, most of the time you would find plenty of information.

Before he concluded his rant, those who were present raised their hands and enquired about the campaign, whether to focus on addressing issues related to the voters or to place emphasis on information relating to the candidates. This led to a discussion that ended on the note that the campaign was still in the early stages and the methodology is still being working out.

This may have been the first meeting, but everyone understood clearly that there is one common goal, that is to ensure that all Malaysian citizens are aware of their personal rights, and to really understand and improve the democratic system of the country. The meeting saw an enthusiastic discussion and active participation, and it felt as though such activism has been dormant over the years but is now being revived.

At the moment, it is only the first step. The host said that more human power is required, and he believed that the power of young people will reform the nation! One of the participants said, if one does not actually take steps to reform, one should worry that future generations may ask: "Father, why didn’t you do it when you had the opportunity to change things?" At that time, we would probably not know how to face our children.

The host said, we will "act" and not only "talk" as real action is the root of our work.

This is another attractive point, that with actual implementation and practice, we would help everyone grow to become a better nation, instead of us just complaining and sighing.

I believe that only with our best efforts can we achieve the true and ideal vision of our country. Hopefully, with the enthusiasm of the youths today, we will help create a strong foundation for the future of this country towards greater democracy, and bring hope for Malaysians hereafter!

Those who are interested in getting involved, please emailundimalaysia@loyarburok.com with your details or visit LoyarBurok! ;)

There will be more meetings and gatherings to generate ideas, and I’m sure your mailbox will be flooded with discussions. That being said, I am moved by the sincerity and hard work of the youths who participated in the meeting. They are working hard without being paid and they move on their own to plan all kinds of activities.

We wish to have a better Malaysia, we wish all people in Malaysia will appreciate their rights; at the very least, the right to vote which is basic to the human right to choose our own government.

There is no perfect country, but I believe that those who choose to DO rather than complain and blame would be the ones who can bring a better future!

Sheue Chyn has a dream. A dream without discrimination, a dream without unfairness and abuse of power, a dream with happiness and joy amongst all races — all of them realised in Malaysia. This is her dream, and what she is now pursuing. A better Malaysia for a better life. For her, you, and future generations.


这是第一篇被翻译成英文的文章,谢谢用心的朋友协助翻译!:)


2008年12月5日星期五

LOCAL GOVERNMENT ELECTION : REINSTATEMENT WITHOUT AMENDING LOCAL GOVERNMENT ACT 1976 THROUGH PARLIAMENT

I have been published this article before. But I would like to publish it again coz it is really a good article and should be share by all.

This is an article regarding REINSTALL LOCAL ELECTION and have been published on THE EDGE recently.

This article wrote by a lawyer who do lot of study on LOCAL ELECTION and really mean to do some contribution.

Please republished it on blog or magazine or paper if you are keen to reinstall local election as well.

Let's work together for a Better Malaysia! Cheers!
Happy Reading! :D

LOCAL GOVERNMENT ELECTION : REINSTATEMENT WITHOUT AMENDING LOCAL GOVERNMENT ACT 1976 THROUGH PARLIAMENT

INTRODUCTION

Much has been said and argued about the reinstatement of the local government election (“LG Election”). In fact, reinstatement of LG Election formed part of the manifesto of opposition in the 12th General Election. The very fundamental movement towards a matured democratic society must start with an LG Election. Without which, there cannot be true democracy.

This article is not written to analyze the effectiveness/efficiency of elected local authority than the appointed local authority. Rather, to provide some thought as to the alternatives available to those States which differ from the Federal Government in respect of LG Election. To put in another words, the purpose of this writing is to seek solution available to the State Governments (quite clearly the State Government under Pakatan Rakyat) who wish to hold LG Election, but feel constrained by the Federal Law and Federal Government, where the latter prefers local authority members to be selected.

Now I may sound naïve to assume that there is genuine intention of the Pakatan Rakyat State Governments to move for LG Election. Nevertheless, without such naïve presumption, it serves me no purpose of writing this article.

LOCAL GOVERNMENT ELECTION – LAWS THAT PERMITS AND PROHIBITS

From historical perspective, there was a legislation called Local Government Election Act 1960 (“LG Election Act”), authorizing LG Election. Section 5A of the LG Election Act provides :

“Notwithstanding anything to the contrary contained in the provisions of any written law which relates to Local Councils in force in any State, the State Authority may, after consultation with the Election Commission in respect of the boundaries of the local area and the number of Councillors to be elected to the Local Council having jurisdiction in such area, by order published in the Gazette of the State direct that the whole or a majority of the members of a Local Council shall be elected under this Act”

Subsequently, the Parliament deemed fit to enact the Local Government Act 1976 (“LG Act”) comprises of the provision affecting the LG Election in Section 15(1), which reads :

“Notwithstanding anything to the contrary contained in any written law, all provisions relating to local government elections shall cease to have force or effect”.

It is accepted that the Federal Law ceases to have effect when it is expressly repealed by another Federal Law. In this case, the Parliament appears not to label their intention to stop LG Election by repealing the LG Election Act, as the Parliament did not include LG Election Act as lists of repealed law in the Second Schedule of LG Act pursuant to Section 166 of the same. However, by introduction of Section 15(1), Section 5A of LG Election Act became inconsistent with Section 15(1).

So, there arises a question whether Section 5A of LG Election Act has been repealed by “implication”. Repeal by implication is not unprecedented, and certainly not ruled out by Courts as unconstitutional. Nevertheless, there is always presumption against repeal by implication. The rationale is simple : the legislator is presumed to know the existing law, so when enacting a new law without providing repeal of old law, it gives out an intention not to repeal the existing legislation. In this case, Section 166 of LG Act provides for list of repealed acts/enactment, but LG Election Act was omitted. What is the proper interpretation of these provisions?

Quite clearly, these two provisions (Section 5A of LG Election Act and Section 15(1) of LG Act) cannot stand together. They contradict each others. In my view, this is a classic case where the Court would apply the principle of repeal by implication to strike down one of them. So, under this principle, the later supersedes the earlier. In the words of the Indian Supreme Court, the expression of “notwithstanding anything to the contrary contained in any written law” is a simple way of doing away the effect of pre-existing inconsistent law. The LG Election Act appears to have been enacted in 1960 where the LG Act was in 1976. Hence, LG Act prevails, and the operating law is Section 15(1) of LG Act which PROHIBITS LG Election.

The State Assembly is authorized by the Federal Constitution to enact law relating to local government. This is provided in Ninth Schedule, List (II), paragraph 4(a), including, of course, the local government election to its office bearers.

However, the Parliament may, in certain matters, and for the purpose only of ensuring uniformity of law and policy, make laws with respect thereto. According to Article 76 of the Federal Constitution, these matters include local government, which necessarily include local government election too.

The law made under this list shall be considered as Federal law but not State law. The State Assembly is limited by Article 75 of the Federal Constitution which provides :

“If any State law is inconsistent with a federal law, the federal law shall prevail and the State law shall, to the extent of the inconsistency, be void.”

It is therefore without doubt that the Federal legislation has power to make law pertaining local government election, and the State Assembly does not have power to repeal or amend it. The State Assembly too cannot make law that is inconsistent with the Federal law. The interim conclusion at this stage of analysis is that : in view of Section 15(1) of LG Act, the State Assembly cannot make law, despite so authorized by the Ninth Schedule, to “reinstate” LG Election. This conclusion of course is premised on the assumption of constitutionality of Section 15(1), which is the subject of my next discussion.

LEGAL SOLUTION (1) : CONSTITUTIONALITY OF S. 15(1)

Let me recap my conclusion above so as not to give impression of confusion and inconsistency. The incontrovertible conclusion of “the Federal legislation has power to make law pertaining local government election” does not necessarily means “the Federal legislation has power to make law to deprive local government election.”

Article 113(4) of the Federal Constitution provides :

“Federal or State law may authorise the Election Commission to conduct elections other than those referred to in Clause (1).”

Article 113(1) expressly confer power to either the Federal legislative body or State legislative body to command the Election Commission to conduct “other election” by way of Act of Parliament, or Enactment of a State. In my view, the words “elections other than those referred to in Clause (1)” encompass the LG Election.

The intention of this provision is clear : both Federal and State are conferred power to conduct LG Election through the Election Commission. Such power, in so far as the States are concerned, is vested by the Supreme law of the land.
It is my argument, Section 15(1) of LG Act, by declaring ceasation of all law relating to LG Election, has the effect of depriving the State legislature to make law to conduct the LG Election. Not only Section 15(1) of LG Act repealed implicitly the Federal Law authorizing LG Election, it prevents the State Assembly from making law within their express purview. It renders a constitutional power conferred by Federal Constitution ineffective.

It is provided in Article 4(1) of the Federal Constitution that

“This Constitution is the supreme law of the Federation and any law passed after Merdeka Day which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void”

The Supremacy of Constitution has been repeatedly upheld in all the Courts of modern societies, and recognised as sanctity of law. Thus, the inconsistency between Section 15(1) of LG Act and Article 113(4) should be resolved in favour of Article 113(4). Section 15(1) of LG Act, in my view, should be declared unconstitutional.

Section 15(1) of LG Act cannot be saved by its constitutional backing in Article 76. Article 76 is an enabling provision or power conferring provision, namely to provide power to the Federal legislation to make law that regulate local government, including local government election. So, there should not be any dispute if the Federal legislation makes law to regulate local government election by setting out the procedure and rules applicable throughout the Peninsular. Article 76 only serves to protect Federal law, like LG Election Act from being struck down for unconstitutional for transgression the State List. The conferring of power to regulate a matter cannot be taken to include conferring power to repeal or deprive the other legislative authorities’ power to make law pertaining the same, particularly when it is confronted with the express provision on specific matter in Article 113(4).

LEGAL SOLUTION (2) : EXEMPTION BY GAZETTE

If the State authority does not wish to engage with the Federal on legal battle, which in any event, uncertain as to it outcome, a practical approach may be found in LG Act itself.

Section 1(4) of the LG Act provides :

“The State Authority may, notwithstanding the provisions of subsection (2), by notification in the Gazette exempt any area within any local authority area from all or any of the provisions of the Act or from any by-laws.”

So, Section 15(1) of the LG Act is not absolute and permanent. The Act itself permits exemption of its operation by Gazette. In this respect, perhaps Section 1(4) is the better option. At the risk of being inconsistency, an argument can in fact be advanced that if we read Section 1(4) and 15(1) of LG Act together, there is nothing unconstitutional about Section 15(1) because after all, the State authority is still empowered to suspend operation of Section 15(1) of LG Act in the event they GENUINELY wish to reinstate LG Election. In such situation, Section 15(1) posed no prohibition to LG Election.

So now left the question of political will on the part of Pakatan Rakyat which is tested by time.

2008年8月1日星期五

What Snowpiano Means

You are the total package - suave, sexy, smart, and strong.
You have the whole world under your spell, and you can influence almost everyone you know.
You don't always resist your urges to crush the weak. Just remember, they don't have as much going for them as you do.

You are very intuitive and wise. You understand the world better than most people.
You also have a very active imagination. You often get carried away with your thoughts.
You are prone to a little paranoia and jealousy. You sometimes go overboard in interpreting signals.

You are well rounded, with a complete perspective on life.
You are solid and dependable. You are loyal, and people can count on you.
At times, you can be a bit too serious. You tend to put too much pressure on yourself.

You are very charming... dangerously so. You have the potential to break a lot of hearts.
You know how what you want, how to get it, and that you will get it.
You have the power to rule the world. Let's hope you're a benevolent dictator!

You are influential and persuasive. You tend to have a lot of power over people.
Generally, you use your powers for good. You excel at solving other people's problems.
Occasionally, you do get a little selfish and persuade people to do things that are only in your interest.

You tend to be pretty tightly wound. It's easy to get you excited... which can be a good or bad thing.
You have a lot of enthusiasm, but it fades rather quickly. You don't stick with any one thing for very long.
You have the drive to accomplish a lot in a short amount of time. Your biggest problem is making sure you finish the projects you start.

You are usually the best at everything ... you strive for perfection.
You are confident, authoritative, and aggressive.
You have the classic "Type A" personality.

What's" Your Name's Hidden Meaning?

2008年7月29日星期二

Think like a lawyer

Read in aNG's blog, think it is funny so share here...

The professor of a law school asked one of his best students, "If you were to give someone an orange, how would you go about it?"

The student replied, "Here's an orange." The professor was outraged."No! No! Think like a lawyer!"

The student then replied, "Okay. I'd tell him 'I hereby give and convey to you all and singular, my estate and interests, rights, claim, title, claim and advantages of and in, said orange, together with all its rind, juice, pulp, and seeds, and all rights and advantages with full power to bite, cut, freeze and otherwise eat, the same, or give the same away with and without the pulp, juice, rind and seeds, anything herein before or hereinafter or in any deed, or deeds, instruments of whatever nature or kind whatsoever to the contrary in anywise notwithstanding...

2007年8月23日星期四

YOU ATTRACT WHAT YOU ARE

To attract attractive people,
you must be attractive.
To attract powerful people,
you must be powerful.
To attract committed people,
you must be committed.
Instead of going to work on them, you go to work on yourself.
If you become, you can attract.

JIM ROHN

2007年8月9日星期四

Like a DUST

Have a description for my current job..

Just like a DUST..

Wat a dust do?

Just lie and sit there untill the cleaner sweep around.. :P

Yeah...That is wat am I doing.

Sit there and move a bit when the cleaner is there...

Dust got no where to place and I got no where to place yet...

Dust got nothing to do and so am I..

They said, it is always like this since you just getting start..
So I have to get use with it and I am getting use with it....

They said, it is like this in Chinese man company and u have to learn evrything by youself...
So I am try to learning...

The fate of a dust...Wat would it become?
End up in dusbin???Maybe...

Anyway, I believe I have get use with it as I have no need to keep send out sms...
I have getting more and more calm when I got nothing to do in three hour...
I have no idea how could it be but I did it.

2007年8月6日星期一

Working Hour In Office

Is my first day in office.

Working..wondering..nothing to do..

Well everyone said it is like that since it is first day work.
So I just adapt my first day working life like that way...

Now I am still wondering in office..
So I could only write something..
But the pc couldn't type Chinese words...

Then born my first English Diary...
This is it...
A poor English diary.. :(