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

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mengyoot1959
post May 17 2017, 06:19 AM

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QUOTE(Abam_Beruang @ Mar 22 2017, 03:53 PM)
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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sfwong1
post May 17 2017, 06:16 PM

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QUOTE(enviro @ Apr 20 2017, 05:07 AM)
I suspect my neighbor is hacking a load bearing concrete wall in our condo. Not just hacking surface but all the way through exposing the steel reinforcement inside. I need to know what laws he has broken and the punishment before I report to the authorities. Thanks
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i think u can as the Majlis Perbandaraan to check, be it composite or rc structure, hacking a load bearing wall in a high rise condo is very dangerous,


cfa28
post May 18 2017, 02:17 PM

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QUOTE(sfwong1 @ May 17 2017, 06:16 PM)
i think u can as the Majlis Perbandaraan to check, be it composite or rc structure, hacking a load bearing wall in a high rise condo is very dangerous,
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Can also complain to the Strata Tribunal Board
kazasho
post May 18 2017, 04:03 PM

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QUOTE(enviro @ Apr 20 2017, 05:07 AM)
I suspect my neighbor is hacking a load bearing concrete wall in our condo. Not just hacking surface but all the way through exposing the steel reinforcement inside. I need to know what laws he has broken and the punishment before I report to the authorities. Thanks
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Steps

1. Should report to the condo management first whether your neighbour got permision to do such a thing.

2. If management macam celake, then can file a report to your local authority (majlis perbandaran/bandaraya), more specific to COB/Commissioner of Building/Pesuruhjaya Bangunan of your local authority.

Yes, it does takes time. but still need to lodge a complaint. and if your neighbour hack/do renovation works not according to the specific time, you could also lodge a complaint under Kacau Ganggu which should open the eyes of the management to check whether your neighbour is doing anything wrong.
dante1989
post May 19 2017, 06:54 AM

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If my company hasn't paid me in 3 months, and we take the issue to labour office, what is the realistic time line that the case will be heard and solved? I've heard hat it might take up to years from the time that case is filed until heard in court.

Will more employees filing a complaint make the case go faster?

Also, I heard that labour office don't give much shit to employees who earn something like rm2k and above is this true?

Hanks
SUSlowya
post May 19 2017, 09:04 AM

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Dear Abam_Beruang,

with the advent of handphone camera, cctv and youtube, comes the concern on the right of filming/photography, so my questions is:

1. if we take photography/video of strangers on street for publication purpose, do we need their consent? would a simple verbal captured in video suffice, or written required? This question applies to filming a crowd vs film an individual, any difference does it make?

2. for the purpose of evidence gathering, is it legal for anyone to collect and publish photo/video evidence online without informing the other alleged party?

3. Is it legal to film enforcement officers on duty if we find them not doing the job right? if they demand we off camera (perhaps feeling guilty), what law/article/act permits us to do so? If they snatched our camera away in aggression, is there any crime the officer committed?

4. in the events if dispute/accident, is it legal to take photo/video without the person's (e.g. aggressor, verbal abuser, etc) consent with the purpose of publication? this is assuming the one filmed disagree to be filmed/published.

5. if someone come up to the videographer and demanded the footage to be erased, do you still have the right to retain it?
and suppose he make police report?

6. recently cctv footage of clear evidence of crime of robbery and rape went viral, but the police released the suspect without prosecuting them quoting no report has been made, are police supposed to work only if someone make a report? What about the victim is already dead or in exile fearing their live in danger?

if possible, stating which article/law that allow/disallow above would be very beneficial, thank you in advance for your contribution!
skyjuyce
post May 24 2017, 10:19 PM

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QUOTE(Abam_Beruang @ May 15 2017, 11:07 AM)
Summon? Do you mean suing that person in court? You can always file a suit against a person who doesn't pay your debt. Of course it will depends on the court to determine whether you have a claim or not, evidentially speaking.
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Hi AB, thanks for the reply. Sorry for the wrong term used. That is what I exactly means.

If that is the case, what is the requirement in order for to sue that person in court?

What do you mean depends on claim?

On the other hand, am I able to file a police report against him?

Thanks!
forever1979
post May 25 2017, 06:09 AM

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I have one question

my father got 1 grd floor shop rented to a restaurant 2 years ago.
but there is no tenancy agt signed, i also dont know why.

the 'tenant' run away but locked the shop and dont answer the call.
few months already

as i know if there is a tenancy agt, then we need to apply court order to evict the tenant and move his stuff

so now there is no agt, what can i do ?
can i just change the lock and threw out his stuff ?
because he try to avoiding my father call and MIA just like that


Ash muhammad 28
post May 25 2017, 08:31 AM

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Hi Mr Abam

2 days ago I meet a friend of mine who was caught by Jais for khalwat. The thing is at that time the mother, younger sister was also there in the house, only thing is they have 2 employee's who were sleeping in the living hall of the house, as the 2 male employees were new to that area and had not obtained a place to stay, so her mum decided that they can stay until they get a house.

Fyi, the mother, younger sister and mum were sleeping at their own room in the house, only the 2 male employees were sleeping at the living hall.

So JAIS brought all of them to their office, and one of their relative posted the bond. Now they need to appear in court in August and according to the summons they will all kena denda Rm3k.

So now my friend is asking what can they do, it seems the Uztaz (some young bloke) at JAIS dont bother to hear the monther's explanation. They have the records that the 2 guys are their employees and JAIS didn't find anything suspicious in the house, just that thy were an extra 2 guys in the house sleeping there (the raid was done around 4.00 am).

Also the mother is a businesswomen, so the person reported this would have been one of her rivals in that area.

So do you think they need to fight it in court or can they settled without having to go to court?

This post has been edited by Ash muhammad 28: May 25 2017, 08:31 AM
TSAbam_Beruang
post Jun 14 2017, 04:03 PM

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QUOTE(lowya @ May 19 2017, 09:04 AM)
Dear Abam_Beruang,

with the advent of handphone camera, cctv and youtube, comes the concern on the right of filming/photography, so my questions is:

1. if we take photography/video of strangers on street for publication purpose, do we need their consent? would a simple verbal captured in video suffice, or written required? This question applies to filming a crowd vs film an individual, any difference does it make?

2. for the purpose of evidence gathering, is it legal for anyone to collect and publish photo/video evidence online without informing the other alleged party?

3. Is it legal to film enforcement officers on duty if we find them not doing the job right? if they demand we off camera (perhaps feeling guilty), what law/article/act permits us to do so? If they snatched our camera away in aggression, is there any crime the officer committed?

4. in the events if dispute/accident, is it legal to take photo/video without the person's (e.g. aggressor, verbal abuser, etc) consent with the purpose of publication? this is assuming the one filmed disagree to be filmed/published.

5. if someone come up to the videographer and demanded the footage to be erased, do you still have the right to retain it?
and suppose he make police report?

6. recently cctv footage of clear evidence of crime of robbery and rape went viral, but the police released the suspect without prosecuting them quoting no report has been made, are police supposed to work only if someone make a report? What about the victim is already dead or in exile fearing their live in danger?

if possible, stating which article/law that allow/disallow above would be very beneficial, thank you in advance for your contribution!
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Late late reply. been very very busy these days. cry.gif

1. Generally the answer is no. You dont need their consent. It is well within ur rights. If u simply go film an individual, ppl will get annoyed but i dont think u need consent for it. Paparazzi do that all the time ma. smile.gif That also depends whether what u recorded is against the law or not.

2. If you are gathering evidence, why would you want to publish it online? assuming u did that, its not against the law per se but that also depends on the contents of the video/photo.

3. They cant really demand you to off the camera. But its pretty much arguable whether what u doing might falls under obstructing them in discharge of their public duty which is an offence under s186 penal code.

4. General rule, u can take photo/video and dont need consent to publish.

5. You have the right to retain it. But its the contents of the photo/video that you should consider, its not the action of recording.

6. The police themselves can take action without someone making a report. Example: police can raid gambling dens without someone lodging report.

TSAbam_Beruang
post Jun 14 2017, 04:15 PM

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QUOTE(dante1989 @ May 19 2017, 06:54 AM)
If my company hasn't paid me in 3 months, and we take the issue to labour office, what is the realistic time line that the case will be heard and solved? I've heard hat it might take up to years from the time that case is filed until heard in court.

Will more employees filing a complaint make the case go faster?

Also, I heard that labour office don't give much shit to employees who earn something like rm2k and above is this true?

Hanks
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It might take a few months to a year or so. depends on the complexity of the case.

I doubt that more employees filing a complaint will make the case go any faster. If it involves more parties, it will be generally slower.

If i remember correctly, generally 2k below. but between 2k-5k they still can take in complaints under DG's power.


SUSlowya
post Jun 14 2017, 04:16 PM

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QUOTE(Abam_Beruang @ Jun 14 2017, 04:03 PM)

3. They cant really demand you to off the camera. But its pretty much arguable whether what u doing might falls under obstructing them in discharge of their public duty which is an offence under s186 penal code.

5. You have the right to retain it. But its the contents of the photo/video that you should consider, its not the action of recording.

6. The police themselves can take action without someone making a report. Example: police can raid gambling dens without someone lodging report.
3. what article/law/penal code can we as citizen mention to law enforcing officers that allows freedom of filming officer in duty? in what way would filming to ensure proper procedure would be deemed as obstruction of duty?

5. again which article/law/penal code says we have the right to retain the footage without their permission?


TSAbam_Beruang
post Jun 14 2017, 04:27 PM

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QUOTE(lowya @ Jun 14 2017, 04:16 PM)
3. what article/law/penal code can we as citizen mention to law enforcing officers that allows freedom of filming officer in duty? in what way would filming to ensure proper procedure would be deemed as obstruction of duty?

5. again which article/law/penal code says we have the right to retain the footage without their permission?
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I dont think there is any specific laws which says you cant retain the footage. As for the obstruction of duty, it really depends on the facts of each case. For example: Lets say police cordoned off a specific area of crime for whatever purposes, you cant just barge in and say its your right to film police discharging their duty there.
gogocan
post Jun 15 2017, 09:12 AM

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How much is the legal fee for house refinacing (islamic)let say $680k
Lyu
post Jun 15 2017, 10:43 AM

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Hi Mr Beruang

Mohon tindakan yg boleh diamik


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hjffgjng
post Jun 15 2017, 11:37 AM

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if 13 yo boy having sex wif 40 yo woman,and the case viral and whole nation know

what will happe
what gonna happen to boy and what gonna hsppen to that woman

This post has been edited by hjffgjng: Jun 15 2017, 11:37 AM
hjffgjng
post Jun 15 2017, 11:38 AM

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if 90 years old grampa videocall sexuslly wif a minor

what offence and punishment takes place??
TSAbam_Beruang
post Jun 15 2017, 02:28 PM

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QUOTE(aaron61 @ Jun 15 2017, 01:49 AM)
I retiree got money in EPF and don't plan to withdraw. I have nominated with EPF for my children to receive those monies on my passing.

I also got will to say all monies to be shared by wife and children.

Will will take precedence to include EPF funds?
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The answer is no. The will cannot supercede EPF nominations.

Simply because EPF nominations are statutory nominations. provided by law. And pls take note that in Regulation 7(2) if the EPF Regulations 2001 states that a nomination cannot be revoked by any Will or by any other act, event or means. smile.gif
TSAbam_Beruang
post Jun 16 2017, 10:45 AM

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QUOTE(gogocan @ Jun 15 2017, 09:12 AM)
How much is the legal fee for house refinacing (islamic)let say $680k
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Hmm... Nasib baik Abam Beruang kenalan ramai, dapat check ngan member2. biggrin.gif
It is estimated about 13k including stamp duty. (also depends on whether freehold or leasehold, location etc)

This post has been edited by Abam_Beruang: Jun 16 2017, 10:50 AM
gogocan
post Jun 16 2017, 02:10 PM

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QUOTE(Abam_Beruang @ Jun 16 2017, 10:45 AM)
Hmm... Nasib baik Abam Beruang kenalan ramai, dapat check ngan member2.  biggrin.gif 
It is estimated about 13k including stamp duty. (also depends on whether freehold or leasehold, location etc)
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Wah..so high..anyway tqvm. Abam beruang terbaik

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