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 Q&A sessions on legal issues, ask me *wink*, Criminal, civil, family, probate.... ALL

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TSAbam_Beruang
post Mar 22 2017, 03:53 PM, updated 9y ago

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Hello! You guys can ask me anything about law related issues. I'll try my best to answer your questions. laugh.gif

Question in Bahasa Malaysia or English also no problemo!

Dont forget to bookmark this page tongue.gif


Any discussions available here on this thread are for informational purposes only and not for the purpose of providing legal advice. You should engage a lawyer to obtain advice with respect to any particular issue or problem.

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This post has been edited by Abam_Beruang: Apr 2 2017, 12:16 AM
KoChun
post Mar 22 2017, 03:57 PM

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Why is Rukun Negara not part of Constitution?
Supergoola
post Mar 22 2017, 03:58 PM

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if i have 200k loan with a company A then my company declared bankrap. Then it is rebranded to company B..

Company A already issue vss and everything. And new offer letter is signed to company B for new hire..

Is my loan of 200k transfered to company B or i am free from the 200k debt.

Thank you..
Baconateer
post Mar 22 2017, 03:59 PM

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About that guy that just returned from canada after spending his time in jail for raping..

If he rape again in Malaysia..can he be charge again?
TSAbam_Beruang
post Mar 22 2017, 04:03 PM

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QUOTE(Baconateer @ Mar 22 2017, 03:59 PM)
About that guy that just returned from canada after spending his time in jail for raping..

If he rape again in Malaysia..can he be charge again?
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Assuming he rapes again in Malaysia, YES, of course. biggrin.gif
Baconateer
post Mar 22 2017, 04:04 PM

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QUOTE(Abam_Beruang @ Mar 22 2017, 04:03 PM)
Assuming he rapes again in Malaysia, YES, of course.  biggrin.gif
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so double jeopardy doesnt apply to him?
TSAbam_Beruang
post Mar 22 2017, 04:11 PM

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QUOTE(Supergoola @ Mar 22 2017, 03:58 PM)
if i have 200k loan with a company A  then my company declared bankrap. Then it is rebranded to company B..

Company A already issue vss and everything. And new offer letter is signed to company B for new hire..

Is my loan of 200k transfered to company B or i am free from the 200k debt.

Thank you..
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Dont quite get your question.

Did you borrow money from Company A and this company subsequently went bankrupt (in liquidation) and a new company is formed with the new name as company B?

If this is the case,
(i) your debt cannot be transferred from company A to company B without proper documentation such as an assignment, you are advised to check.
(ii) assuming no assignment or "transfer" of your debt to company B, technically u still owe company A money, company A's liquidator can always demand the money from you.

Hope it helps.

cheers.

TSAbam_Beruang
post Mar 22 2017, 04:12 PM

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QUOTE(Baconateer @ Mar 22 2017, 04:04 PM)
so double jeopardy doesnt apply to him?
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There is no issue of double jeorpady, if he commits another rape offence in Malaysia, that is a NEW offence.
Baconateer
post Mar 22 2017, 04:14 PM

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QUOTE(Abam_Beruang @ Mar 22 2017, 04:12 PM)
There is no issue of double jeorpady, if he commits another rape offence in Malaysia, that is a NEW offence.
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So only in Msia if you commit the same offence twice... only thn the double jeopardy is applicable?
Supergoola
post Mar 22 2017, 04:19 PM

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QUOTE(Abam_Beruang @ Mar 22 2017, 04:11 PM)
Dont quite get your question.

Did you borrow money from Company A and this company subsequently went bankrupt (in liquidation) and a new company is formed with the new name as company B?

If this is the case,
(i) your debt cannot be transferred from company A to company B without proper documentation such as an assignment, you are advised to check.
(ii) assuming no assignment or "transfer" of your debt to company B, technically u still owe company A money, company A's liquidator can always demand the money from you.

Hope it helps.

cheers.
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Care to elaboratw more on assignment? Thankssssss

Ps. I dont know wether my company is bankrup or liquidate.. how can i check..

This post has been edited by Supergoola: Mar 22 2017, 04:24 PM
TSAbam_Beruang
post Mar 22 2017, 04:21 PM

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QUOTE(Baconateer @ Mar 22 2017, 04:14 PM)
So only in Msia if you commit the same offence twice... only thn the double jeopardy is applicable?
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for the sake of clarification, double jeopardy is a defence that prevents an accused person from being tried again on the SAME CHARGES and on the SAME FACTS after being tried and adjudged. Example, he committed rape of A on 1.1.2017 and found guilty by court. You cannot charge him again for rape of A on 1.1.2017.

Your earlier question was "If he rape again in Malaysia..can he be charge again?", this means he is committing another fresh offence in Malaysia. In this case, he will be charged for this NEW offence. There is no issue of double jeopardy.

In your question, "in Msia if you commit the same offence twice...", you will be charged with TWO offences. No issue of double jeopardy as well.

This post has been edited by Abam_Beruang: Mar 22 2017, 04:21 PM
Baconateer
post Mar 22 2017, 04:23 PM

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QUOTE(Abam_Beruang @ Mar 22 2017, 04:21 PM)
for the sake of clarification, double jeopardy is a defence that prevents an accused person from being tried again on the SAME CHARGES and on the SAME FACTS after being tried and adjudged. Example, he committed rape of A on 1.1.2017 and found guilty by court. You cannot charge him again for rape of A on 1.1.2017.

Your earlier question was "If he rape again in Malaysia..can he be charge again?", this means he is committing another fresh offence in Malaysia. In this case, he will be charged for this NEW offence. There is no issue of double jeopardy.

In your question, "in Msia if you commit the same offence twice...", you will be charged with TWO offences. No issue of double jeopardy as well.
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i see..thanks for the clarification..
TSAbam_Beruang
post Mar 22 2017, 04:28 PM

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QUOTE(Bra Padding @ Mar 22 2017, 04:15 PM)
leh sue sebab faceprob tak?
cam cthnye Si A jalan-jalan, pastu tetibe Si B men lalu je ngan faceprob. Si A de duit. camne nak sue Si B?
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Saje je hang nak tanya soalan2 mcm tu. Lek looo. Nak jawab soalan2 serius lain ni kat depa. Since hang dah tanya, jawapannya x leh sue kalo masalah faceprob. thumbsup.gif

This post has been edited by Abam_Beruang: Mar 22 2017, 04:28 PM
halimhadi
post Mar 22 2017, 04:43 PM

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ringkasan cara cara nak saman sebab kena langgar?
TSAbam_Beruang
post Mar 22 2017, 08:58 PM

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QUOTE(halimhadi @ Mar 22 2017, 04:43 PM)
ringkasan cara cara nak saman sebab kena langgar?
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Buat masa sekarang, apa yang harus di buat:
1. Buat laporan polis (sekira belum buat)
2. Kumpulkan bukti (seperti: gambar tempat kejadian, gambar kereta, butir-butir orang yang melanggar Kamu, kos membaiki kereta seperti resit, sekiranya tercedera kena ambil laporan hospital, resit hospital dan MC dan dokumen-dokumen lain yang boleh menyokong tuntutan kamu)

Cara nak saman:
1. Cari loyar, bagi dokumen semua kepada loyar
2. Kebiasaan loyar akan keluar LOD surat tuntutan sebelum saman orang di mahkamah
3. Kalau orang tu x nak bayar amaun yang dituntut dalam LOD, boleh saman di mahkamah
4. Loyar akan menyediakan writ dan pernyataan tuntutan yang akan menyatakan fakta kes dan tuntutan kamu
5. Writ dan pernyataan tuntutan akan diserah kepada orang tersebut (defendan)
6. Proses yang seterusnya sangat panjang, semua akan diuruskan loyar. Oleh itu, x nak elaborate panjang panjang kat sini.

Secara alternatif, sekiranya kamu ada beli insurance, pihak insurance ada panel loyar yang akan samankan orang yang melanggar kamu. Insurance akan bayar ganti rugi kepada kamu dulu, dan seterusnya menyaman orang tersebut.
airtawarian
post Mar 23 2017, 12:46 AM

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1. can a boy who is age 13 years old be charged for rape under section 376 of the Penal Code for raping a girl of the same age in Malaysia?

2. Assuming the boy able to erect and tried to penetrate but unable to penetrate into the vagina of the girl, can he still be charged for rape?

3. Besides conducting physical examination against the victim, is there a law requirement for the medical officer to examine or conduct a physical / mental examination against the boy to ascertain whether he is capable of having sexual intercourse with the girl given his age condition? Is it fatal if the medical officer did not conduct a body/physical check for the boy?
Blofeld
post Mar 23 2017, 08:20 AM

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Is it always necessary to make a police report if you intend to file a civil lawsuit for defamation?

How do you draw a line between an opinion and something that is defamatory?
TSAbam_Beruang
post Mar 23 2017, 09:39 AM

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QUOTE(airtawarian @ Mar 23 2017, 12:46 AM)
1. can a boy who is age 13 years old be charged for rape under section 376 of the Penal Code for raping a girl of the same age in Malaysia?

2. Assuming the boy able to erect and tried to penetrate but unable to penetrate into the vagina of the girl, can he still be charged for rape?

3. Besides conducting physical examination against the victim, is there a law requirement  for the medical officer to examine or conduct a physical / mental examination against the boy to ascertain whether he is capable of having sexual intercourse with the girl given his age condition? Is it fatal if the medical officer did not conduct a body/physical check for the boy?
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1. Yes. the 13 yrs old boy can be charged for rape. But if the boy is below 10 yrs old, then the boy cannot be charged for any offences. Since you brought up the girl's age in your question, as long as the girl is below 16, consent or not, still considered rape.

2. As long as no penetration, no rape. Can be charged under other offences though.

3. There is no law requirement for medical officer to examine on the boy to ascertain whether he is capable of having sexual intercourse. However. assuming the boy is using that as a defence (that he is not capable of doing so), then he must prove it.

This post has been edited by Abam_Beruang: Mar 23 2017, 09:48 AM
VanillaScoop
post Mar 23 2017, 10:14 PM

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Hi, thank you for doing this. My father is trying to help his sister (my aunt) to make a will for her 3 children (1 son and 2 daughters). She and her husband share a house equally and also another shop-lot property in equal proportions. They want to bequeath the house entirely to the son and the other property split equally between the three.

I'm trying to help my dad to write 2 separate wills, one for my aunt and her husband. Since they only own 50% share of each property, must I state in their individual wills that they only have 50% of each property, and want to bequeath that 50% to their 3 children to the proportions I have stated above?

Also, if I add a Residuary clause in their will, can I put their 3 children as beneficiaries in equal proportions under this clause?
HeianAlien
post Mar 23 2017, 10:58 PM

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What action should i take if an official letter that is addressed to me but halfway in the document it states another person's name in place of mine? Can I sue or lodge a report against the person who signed the letter?

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