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TSlegalaid
post Sep 8 2017, 10:42 AM, updated 9y ago

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This post has been edited by legalaid: Sep 8 2017, 10:58 AM
nubye
post Sep 8 2017, 04:52 PM

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Hi there,

I've been getting calls from Hong Leong Assurance for many years. I have never given my number to them before or bought any products with them before. I would tell these salesmen to please not call me back and remove my number from their system, however this has not happened. I'm sure many suffer the same issue and I'm not the only one. I'm also sure this is a breach of the PDPA. I just want to ask who do I make a complaint to? I'm not sure of my rights but there is a body to govern this, correct?

I just made a complaint online to KKMM (Ministry of Communications and Multimedia Malaysia) but I'm not sure if this is the correct channel to do so.

Any advice?

Thanks!
TSlegalaid
post Sep 11 2017, 03:03 PM

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QUOTE(nubye @ Sep 8 2017, 04:52 PM)
Hi there,

I've been getting calls from Hong Leong Assurance for many years. I have never given my number to them before or bought any products with them before. I would tell these salesmen to please not call me back and remove my number from their system, however this has not happened. I'm sure many suffer the same issue and I'm not the only one. I'm also sure this is a breach of the PDPA. I just want to ask who do I make a complaint to? I'm not sure of my rights but there is a body to govern this, correct?

I just made a complaint online to KKMM (Ministry of Communications and Multimedia Malaysia) but I'm not sure if this is the correct channel to do so.

Any advice?

Thanks!
*
I guess u could lodge a formal complaint to HLA by writing as well as BNM.

I reckon, some of them, engage external sales team to promote their services. I suppose you just have to bear with it, unless you do not mind pursing all the way.
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post Sep 12 2017, 08:33 AM

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QUOTE(nubye @ Sep 8 2017, 04:52 PM)
Hi there,

I've been getting calls from Hong Leong Assurance for many years. I have never given my number to them before or bought any products with them before. I would tell these salesmen to please not call me back and remove my number from their system, however this has not happened. I'm sure many suffer the same issue and I'm not the only one. I'm also sure this is a breach of the PDPA. I just want to ask who do I make a complaint to? I'm not sure of my rights but there is a body to govern this, correct?

I just made a complaint online to KKMM (Ministry of Communications and Multimedia Malaysia) but I'm not sure if this is the correct channel to do so.

Any advice?

Thanks!
*
You are not the only ones who've been getting unsolicited calls from insurance companies, credit agents, etc.

When ever I got similar calls, I would just tell them that I'm not interested and hang up the phone.


internaldisputes
post Sep 13 2017, 02:03 PM

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is it illegal to be gay? if i came out to everyone will i be in trouble?

This post has been edited by internaldisputes: Sep 13 2017, 04:11 PM
JunJun04035
post Sep 14 2017, 05:57 AM

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QUOTE(internaldisputes @ Sep 13 2017, 02:03 PM)
is it illegal to be gay? if i came out to everyone will i be in trouble?
*
Not in the secular world, as there is no law to prohibits you from giving out those statements.

Not the same story when you are enjoying with your partner tho
internaldisputes
post Sep 14 2017, 10:46 AM

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QUOTE(JunJun04035 @ Sep 14 2017, 05:57 AM)
Not in the secular world, as there is no law to prohibits you from giving out those statements.

Not the same story when you are enjoying with your partner tho
*
oh ok. but what does the law say about consensual male-to-male sexual acts?

This post has been edited by internaldisputes: Sep 14 2017, 10:46 AM
JunJun04035
post Sep 14 2017, 12:35 PM

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QUOTE(internaldisputes @ Sep 14 2017, 10:46 AM)
oh ok. but what does the law say about consensual male-to-male sexual acts?
*
You are breaching Penal Code Section 377(A) and punishable under Section 377(B)

QUOTE
Carnal intercourse against the order of nature
377A. Any person who has sexual connection with another person by the introduction of the penis into the anus or mouth of the other person is said to commit carnal intercourse against the order of nature.

Punishment for committing carnal intercourse against the order of nature

377B. Whoever voluntarily commits carnal intercourse against the order of nature shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to whipping.
This post has been edited by JunJun04035: Sep 14 2017, 12:36 PM
internaldisputes
post Sep 14 2017, 12:43 PM

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QUOTE(JunJun04035 @ Sep 14 2017, 12:35 PM)
You are breaching Penal Code Section 377(A) and punishable under Section 377(B)
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alright, thanks. basically i can live my life as a proud homosexual guy as long i don't get caught having sex with anyone. sweat.gif
JunJun04035
post Sep 14 2017, 05:23 PM

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QUOTE(internaldisputes @ Sep 14 2017, 12:43 PM)
alright, thanks. basically i can live my life as a proud homosexual guy as long i don't get caught having sex with anyone.  sweat.gif
*
And proven in a fair court. laugh.gif

Welcome to Malaysia bro rclxm9.gif
amir.asyraf
post Sep 23 2017, 09:49 AM

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JunJun04035 legalaid

Hi, what are our rights concerning actually stopping people to smoke in a smoke-free/restricted area?

Lets take public toilets for an example. Smoking in public toilet is prohibited under the Control of Tobacco Product Regulations of 2004 Regulation 11(1)©...
If is see someone smoking, what can I do legally to stop him from smoking if he doesn't comply when I ask him to put it out? Take a picture? Police report??

Link: http://www.tobaccocontrollaws.org/legislat...f-indoor/status

This post has been edited by amir.asyraf: Sep 23 2017, 09:57 AM
SUSlowya
post Sep 23 2017, 10:02 AM

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QUOTE(amir.asyraf @ Sep 23 2017, 09:49 AM)
JunJun04035 legalaid

Hi, what are our rights concerning actually stopping people to smoke in a smoke-free/restricted area?

Lets take public toilets for an example. Smoking in public toilet is prohibited under the Control of Tobacco Product Regulations of 2004 Regulation 11(1)©...
If is see someone smoking, what can I do legally to stop him from smoking if he doesn't comply when I ask him to put it out? Take a picture? Police report??

Link: http://www.tobaccocontrollaws.org/legislat...f-indoor/status
*
pass a bill to make smoke detector alarm a compulsory installation in all public toilets.
amir.asyraf
post Sep 23 2017, 10:06 AM

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QUOTE(lowya @ Sep 23 2017, 10:02 AM)
pass a bill to make smoke detector alarm a compulsory installation in all public toilets.
*
I'm not a politician or a lawmaker... I'm asking what I can do as an individual.
TSlegalaid
post Sep 23 2017, 10:13 AM

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QUOTE(amir.asyraf @ Sep 23 2017, 09:49 AM)
JunJun04035 legalaid

Hi, what are our rights concerning actually stopping people to smoke in a smoke-free/restricted area?

Lets take public toilets for an example. Smoking in public toilet is prohibited under the Control of Tobacco Product Regulations of 2004 Regulation 11(1)©...
If is see someone smoking, what can I do legally to stop him from smoking if he doesn't comply when I ask him to put it out? Take a picture? Police report??

Link: http://www.tobaccocontrollaws.org/legislat...f-indoor/status
*
I guess u can take a pic and make a police report. But then again, by the time u do that, probably he has finished with his biz or that you may have gotten urself a violent treatment given how sickening is our society now a days.
amir.asyraf
post Sep 23 2017, 10:19 AM

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QUOTE(legalaid @ Sep 23 2017, 10:13 AM)
I guess u can take a pic and make a police report.  But then again, by the time u do that, probably he has finished with his biz or that you may have gotten urself a violent treatment given how sickening is our society now a days.
*
I've no problem defending myself and 'getting violent' if the situation call for it. It's just that it seems unclear how the laws are being enforced and what our rights are concerning the fact that it's a law being broken. It's especially important since smoking is a serious health hazard to the people in vicinity of the smoker.

Also, any known incident where the police actually take action on reports? I'm thinking highly unlikely, unless the guy smokes in a kindergarten in front of small children...

This post has been edited by amir.asyraf: Sep 23 2017, 10:21 AM
SUSlowya
post Sep 23 2017, 11:43 AM

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QUOTE(amir.asyraf @ Sep 23 2017, 10:19 AM)
I've no problem defending myself and 'getting violent' if the situation call for it. It's just that it seems unclear how the laws are being enforced and what our rights are concerning the fact that it's a law being broken. It's especially important since smoking is a serious health hazard to the people in vicinity of the smoker.

Also, any known incident where the police actually take action on reports? I'm thinking highly unlikely, unless the guy smokes in a kindergarten in front of small children...
*
if you are strong strong and brave, just pull the ciggi from their mouth ask ask them politely to gtfo.

those smokers already slowly killing themselves but dragging people around them with them. The best penalty is to make cigarette producer sponsor and force them inhale 1000 cigarette a day in jail till they die of lung cancer.

This post has been edited by lowya: Sep 23 2017, 11:44 AM
JunJun04035
post Sep 23 2017, 11:52 AM

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QUOTE(amir.asyraf @ Sep 23 2017, 09:49 AM)
JunJun04035 legalaid

Hi, what are our rights concerning actually stopping people to smoke in a smoke-free/restricted area?

Lets take public toilets for an example. Smoking in public toilet is prohibited under the Control of Tobacco Product Regulations of 2004 Regulation 11(1)©...
If is see someone smoking, what can I do legally to stop him from smoking if he doesn't comply when I ask him to put it out? Take a picture? Police report??

Link: http://www.tobaccocontrollaws.org/legislat...f-indoor/status
*
On a legal standpoint, you can only ask the perpetrator to cease his illegal activity, else you would consult police. It's his choice to whether comply or just ignore you.

Any resulted scuffling should then be prosecuted in other charges, if any individual is found guilty.

In layman term, you cannot punch the men in his face even though he smoke illegally.


Additionally, premise owner and operator are duty bound to ensure their place smoked free as per gazetted government law and regulation.
If the police dismissed you, you can try to negotiate with the owner/operator of the mentioned premise by telling them that you would report to MoH if no actions are taken on these illegal smoking activities.
internaldisputes
post Sep 23 2017, 01:50 PM

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my elder brother complained in whatsapp today that the contractor who renovated his house ran away and he is unable to contact him all week. can he sue the contractor?
touristking
post Sep 23 2017, 03:31 PM

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QUOTE(JunJun04035 @ Sep 13 2017, 10:57 PM)
Not in the secular world, as there is no law to prohibits you from giving out those statements.

Not the same story when you are enjoying with your partner tho
*
In some states in USA, homosexual is illegal.

JunJun04035
post Sep 23 2017, 03:33 PM

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QUOTE(internaldisputes @ Sep 23 2017, 01:50 PM)
my elder brother complained in whatsapp today that the contractor who renovated his house  ran away and he is unable to contact him all week. can he sue the contractor?
*
It's all about paperwork.

Signed contract between the two party regarding the services will be provided, anything from quotation, tax invoice to receipts, and he owe you more than 30k for half year and above, yes you can file a bankruptcy petition.

Before that, LoD is your best available legal way to ask for your money back.
TSlegalaid
post Sep 25 2017, 10:23 AM

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QUOTE(JunJun04035 @ Sep 23 2017, 03:33 PM)
It's all about paperwork.

Signed contract between the two party regarding the services will be provided, anything from quotation, tax invoice to receipts, and he owe you more than 30k for half year and above, yes you can file a bankruptcy petition.

Before that, LoD is your best available legal way to ask for your money back.
*
before filing the petition, one will have to secure judgment first.


TSlegalaid
post Sep 25 2017, 10:24 AM

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QUOTE(internaldisputes @ Sep 23 2017, 01:50 PM)
my elder brother complained in whatsapp today that the contractor who renovated his house  ran away and he is unable to contact him all week. can he sue the contractor?
*
U need to ascertain, whether the agreement (be it oral or written) was entered into between his brother and a company (sdn bhd/trading) or an individual.
Kim Bi Jan
post Sep 25 2017, 03:38 PM

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Is it legal to take a photo of someone in public?

like for instance you're walking around in a shopping mall, then notice someone's talking a shot of you. Not the perverted upskirt, type..but a normal frontal photo.
JunJun04035
post Sep 26 2017, 06:02 AM

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QUOTE(Kim Bi Jan @ Sep 25 2017, 03:38 PM)
Is it legal to take a photo of someone in public?

like for instance you're walking around in a shopping mall, then notice someone's talking a shot of you. Not the perverted upskirt, type..but a normal frontal photo.
*
Privacy law is somewhat outdated here in Malaysia.

And it's messy to deal with.

The short answer for your question is yes, that anyone can photograph you in a public area without your consent, as long as it respect your modesty

Food for though:

Anyone photograph you when you are in your private space (such as inside your property) from a public area, like the main road, is legal.

Even that guy trespass into your property and take a photo of you, the legality is still debatable. He still owns the photo, in other words.

However, the rights to use the photography is not without limitation, tho.

The subject of the photography have every right to sue the photographer for defamation (and other) as long as the photo taken is used out of context.
internaldisputes
post Sep 26 2017, 08:24 AM

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QUOTE(Kim Bi Jan @ Sep 25 2017, 03:38 PM)
Is it legal to take a photo of someone in public?

like for instance you're walking around in a shopping mall, then notice someone's talking a shot of you. Not the perverted upskirt, type..but a normal frontal photo.
*
reminds me of of a scene at mph bookstore that i went a few weeks ago. saw an amoi suddenly screaming at an auntie demanding her to delete her photo from her phone. i didn't stick around to see how that situation was resolved tho.
Kim Bi Jan
post Sep 26 2017, 04:41 PM

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QUOTE(JunJun04035 @ Sep 26 2017, 06:02 AM)
Privacy law is somewhat outdated here in Malaysia.

And it's messy to deal with.

The short answer for your question is yes, that anyone can photograph you in a public area without your consent, as long as it respect your modesty

Food for though:

Anyone photograph you when you are in your private space (such as inside your property) from a public area, like the main road, is legal.

Even that guy trespass into your property and take a photo of you, the legality is still debatable. He still owns the photo, in other words.

However, the rights to use the photography is not without limitation, tho.

The subject of the photography have every right to sue the photographer for defamation (and other) as long as the photo taken is used out of context.
*
good to know that. i have readed that it is OK to take a stranger's photo when the taker is standing in public are; and also so long its not for business or profit purpose. nod.gif
Kim Bi Jan
post Sep 26 2017, 04:42 PM

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QUOTE(Hoover888 @ Sep 26 2017, 10:33 AM)
This is what happen when you fuck around with the wrong people.
*
fuck around with wrong people = take photo?

bro i think u meant those tamer type right?

wrong people will fuck you up with them ending up in prison and u in the morgue and its still worth it to them.
Kim Bi Jan
post Sep 27 2017, 10:13 AM

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QUOTE(Hoover888 @ Sep 26 2017, 11:30 PM)
You should smile when bro take picture.
*
usually i jst cover my face...i dont simply let ppl take my picture for free
kaiskarnz
post Oct 20 2017, 03:50 PM

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Is it legal for both guys to kiss in public areas in a romantic way?
timesquare.net
post Oct 20 2017, 04:21 PM

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use hp to take upskirt pic is illegal .
what if i sit down on d stair and look up when girl walking up..
is this illegal ??

SUSianh.cj P
post Apr 23 2019, 10:50 AM

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Someone damaged my car and refused to compensate then threatened to kill me if i make police report about the incident while his accomplices trapped me in a guarded community and demanded me show my phone to delete evidence. I was only allowed to leave after repeated threats from them and agreeing to not make police.

What is my best course of action?
Milano7
post Apr 23 2019, 02:24 PM

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QUOTE(ianh.cj @ Apr 23 2019, 10:50 AM)
Someone damaged my car and refused to compensate then threatened to kill me if i make police report about the incident while his accomplices trapped me in a guarded community and demanded me show my phone to delete evidence. I was only allowed to leave after repeated threats from them and agreeing to not make police.

What is my best course of action?
*
report police asap and request help from police to do immediate action as your action of making a report to the police already jeopardize your safety.
shaniandras2787
post Apr 24 2019, 01:44 PM

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QUOTE(ianh.cj @ Apr 23 2019, 10:50 AM)
Someone damaged my car and refused to compensate then threatened to kill me if i make police report about the incident while his accomplices trapped me in a guarded community and demanded me show my phone to delete evidence. I was only allowed to leave after repeated threats from them and agreeing to not make police.

What is my best course of action?
*
In law of course the right course of action is to lodge an immediate police report at your nearest station however unless you have obtained / remembered their identities (car plate number etc); your report may be futile and although the police can commence investigation since a death threat has been made thus criminal in nature now but without a lead, even IGP cannot help you.

In terms of real world practicality; if the damage is not really serious and you can get by with it then fix it at your own and deemed that this is your karma because why; if a person utter death threats to you then chances are they might be people with histories and unless they have absolutely no way in finding you; lodging a police report may eventually trigger them (if the police decided to dig into it). They might actually mean what they say, maybe not kill you but may cause you some serious inconveniences.

Word of advise; always get back into your car and lock all doors whenever your find something amiss and although the mirrors on your cars are breakable but you are way safer stuck within the confines of your car. Call 999 or 112 immediately without delay and wait for help to arrive.

The uncertainties of your actions to the assailants will make them go away.


lancelyod
post Apr 24 2019, 03:02 PM

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Hi, recently i ask for water bill information for my new condo unit from developer but end up they send me a whole list, with other tenants name, units no and other water bill information. Wanna ask are they violated PDPA act?
penanghomes
post Apr 25 2019, 11:16 PM

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I have filed a creditors petition and bankcruptcy order has been served.
I am the creditor and the judgement debtor is a lawyer, HaHa !

What next after this ?
shaniandras2787
post Apr 26 2019, 12:39 PM

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QUOTE(lancelyod @ Apr 24 2019, 03:02 PM)
Hi, recently i ask for water bill information for my new condo unit from developer but end up they send me a whole list, with other tenants name, units no and other water bill information. Wanna ask are they violated PDPA act?
*
the test is whether you as an individual in obtaining such information, able to misuse such data being so released and if you so misuse them knowing that you are not entitled to is also liable for an offense thus as guilty as the individual/corporation that released it.

the rationale of PDPA is to protect consumerism and not to instigate frivolous litigation thus the next question to be asked is whether are you able to obtain any benefits (even fringe) from possession such not entitled data?

QUOTE(penanghomes @ Apr 25 2019, 11:16 PM)
I have filed a creditors petition and bankcruptcy order has been served.
I am the creditor and the judgement debtor is a lawyer,  HaHa !

What next after this ?
*
there is no such thing as a "bankrupty order"; just adjudication order and receiving order (AO:RO for short). you said you "served" the "bankruptcy order", i assumed it is your summon for the defendant to appear in court to defend his or her case?

This post has been edited by shaniandras2787: Apr 26 2019, 12:40 PM
penanghomes
post Apr 26 2019, 04:26 PM

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QUOTE(shaniandras2787 @ Apr 26 2019, 01:39 PM)
the test is whether you as an individual in obtaining such information, able to misuse such data being so released and if you so misuse them knowing that you are not entitled to is also liable for an offense thus as guilty as the individual/corporation that released it.

the rationale of PDPA is to protect consumerism and not to instigate frivolous litigation thus the next question to be asked is whether are you able to obtain any benefits (even fringe) from possession such not entitled data?
there is no such thing as a "bankrupty order"; just adjudication order and receiving order (AO:RO for short). you said you "served" the "bankruptcy order", i assumed it is your summon for the defendant to appear in court to defend his or her case?
*
FYI, if you are a lawyer, AORO has been replaced by Bankcrupty Order.

I have served them Bankcruptcy notice,creditors petition. High Court then served them with Bankcruptcy Order.
Icehart
post Aug 7 2019, 11:02 AM

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1. Tenancy Agreement Expired Dec 2018.
2. Tenant refused to move out despite several written & verbal notices.

Can I just help him "move out"?
LightEnchanter
post Sep 3 2019, 11:36 PM

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I signed a mortgage loan with cimb 2 years ago to finance an undercon property, for the last 2 years developer never requested money from bank because it was 70% loan margin.

developer recently requested loan disbursement after 2b stage but got rejected by CIMB, reason is because cimb never received mrta acceptance letter from insurance company.

cimb checked came back telling me that the mrta quotation has expired because developer never request money after 2 years, now they are asking me to redo another quotation with additional premium.

if I don't proceed developer will charge me penalty, then I might need to go through a long legal process asking cimb to bear the cost. Otherwise I just top up additional 2k to proceed with the mrta and close this case.

clearly this is cimb fault, I've signed the loan offer letter with them together with the mrta amount stated clearly, what should I do?

thanks

 

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