China's New Law Enforces South China Sea

Hainan gives police power to stop illegal sea entry

Border patrol police in China's southernmost province of Hainan on Tuesday were given the power to embark on and check ships which illegally enter its waters.

Detailed Regulations

A newly revised maritime regulation was enacted by the Standing Committee of Hainan Provincial People's Congress on November 27.

★The regulation defines six practices of illegal activities of foreign ships or crews. These include illegal landing on the islands under the jurisdiction of Hainan, damaging coastal defense facilities or facilities for production and living, and carrying out publicity campaigns that endanger China's national security.

★The police can land on, check, seize and expel foreign ships illegally entering the island province's sea areas.

★Hainan border police are entitled to use these measures to stop the illegally entering ships or to force them into changing or reversing course

★According to the UN Convention on the Law of the Sea, foreign ships are only allowed to make inoffensive passage through China's territorial waters, meaning they can neither stop nor drop anchor.

★In the past, when foreign ships broke the UN convention, the best thing our patrol force could do was chase them out of China's waters. This new regulation will change that situation and grant the patrol force the legal means to actually do its job.

Source: Xinhua-Global Times

Viewpoints

"This new regulation showed that China will strengthen the construction of its maritime law in the near future. The power granted by the international convention must be reflected in the domestic legal system.  Past maritime conflicts in the South China Sea have exposed the deficiencies in China's maritime law system and the new regulation is aimed at fixing those problems,"------Li Zhaojie, a maritime law professor from Tsinghua University

"China's move to establish domestic laws and regulations in the sea will inevitably lead to resistance from countries that have disputes with China regarding related sea areas. China must be prepared for all kinds of consequences, from diplomatic spats to administrative measures, and even possible military confrontation. On the other hand, China should be more vocal in expressing its preference in solving the disputes in line with international laws and customs,"------Zhu Zhenming, deputy director of the Southeast Asia Research Institute affiliated with the Yunnan Academy of Social Sciences

South China Sea Conflict

Photo: China's National Administration of Surveying, Mapping and Geoinformation

★The South China Sea covers an area of 700,000 square kilometers, and some 200,000 square kilometers of waters are settled. The region has abundant resources of oil and natural gas, and some surrounding countries have been exploring resources there for years. ★China has declared indisputable sovereignty over South China Sea islands and their surrounding waters, but several Southeast Asian countries, including Vietnam and the Philippines, have made competing claims. ★Countries including Vietnam, Brunei, Indonesia, Malaysia and the Philippines lay claim to parts of the South China Sea, which contains important shipping routes and is also believed to contain rich oil and gas reserves. The issues in the South China Sea are not only a conflict over the islands, but also includes resources of oil and natural gas, underwater archaeology, hydrogeothermal and fishery.

China's Actions

On June 21, the State Council approved the establishment of Sansha city, the government of which is located on Yongxing Island, to manage the unpopulated Xisha, Zhongsha and Nansha Island groups and surrounding waters. The move is intended to maintain China's sovereignty over the area.
GT editorial: The idea of establishing Sansha city emerged as early as 2007, but was shelved due to protests by Vietnam. Now China has taken a concrete step, signaling its determination to administer the Nansha Islands and related sea areas. The new level of management carries more weight than the law of Vietnam.More

China issued new passports that  include a map of territories also claimed by other countries.The map lays clear claim of China to the maritime sovereignty in the South China seas.
The on-going passport row can be solved via diplomatic channels.  After all, it is not possible to suspend Sino-foreign personnel exchanges due to this episode.------Zhao Gancheng, an expert on Southeast Asia at the Shanghai Institute for International Studies

Related Reports

	Peace will be a miracle if provocation lasts The standoff over Huangyan Island in the South China Sea continues and Manila appears fully prepared to create more tensions. China's foreign ministry has noted that China is fully prepared to respond to Manila's move to escalate the situation. The remarks are seen as China sending a sign that it will not rule out the use of force.
	Deep-water drilling starts The nation's first indigenous deep-water drilling rig, the CNOOC 981, will begin operations on May 9 in an area in the South China Sea 320 kilometers southeast of Hong Kong. The move, hailed by analysts as an effective way to reinforce China's territorial claims in the region, came amid an ongoing standoff between Chinese and Philippine ships in waters near Huangyan Island.
	China de-escalates situation in Huangyan Island by withdrawing two vessels China is de-escalating the situation in Huangyan Island in South China Sea by withdrawing two law enforcement vessels, Zhang Hua, spokesman of Chinese Embassy in the Philippines said on April 23. Two Chinese vessels, a Fishery Administration ship "Yuzheng-310 " and a Chinese Maritime Surveillance ship No. 084, have already left the Huangyan Island area by April 22, Zhang said. "There is only one Maritime Surveillance ship remaining in the Huangyan Island area for its law enforcement mission."
	Sansha new step in managing S.China Sea The Chinese government has raised the administrative status of Xisha, Zhongsha and Nansha islands in the South China Sea from county-level to prefectural-level, according to a statement on June 21.
	China's new passport map riles neighbors Vietnam's immigration authorities are issuing separate visa sheets to new Chinese passport holders instead of stamping directly on visa pages, after Beijing issued new passports that  include a map of territories also claimed by other countries.

By Bai Tiantian and Liu Sha Globaltimes

Former badminton star admitted a British barrister-at-law and now an advocate and solicitor of Malaysian High Courts

Raising the bar: Ang showing her admission petition to her father Chin Huat. Looking on is her mother Yoong Lai Chun and sister Annie. 

 

KUALA LUMPUR: She used to be a star in the badminton court but now it is the court of law that beckons gutsy Ang Li Peng.

She has created history by being the first Commonwealth badminton gold medallist to be called to the Malaysian Bar.

The national badminton player overcame the odds, including the language barrier, to achieve her ambition, which seemed like a dream seven years ago.

“I am over the moon. I never thought this day would finally come. Thank God, everything turned out beautifully today. It is amazing, it is like a dream come true,” the 31-year-old said after being admitted and enrolled as an advocate and solicitor of the High Courts in Malaya at the Jalan Duta Court Complex here along with others.

The petition was made by lawyer Tan Sri Cecil Abraham at the Appellate and Special Powers High Court before Justice Abang Iskandar Hashim.

Besides family members and friends, Kuala Lumpur Racquet Club founder Datuk Seri Andrew Kam and Olympic Council of Malaysia honorary secretary Datuk Sieh Kok Chi turned up to show their support.

Ang posing with her gold medal at the 2002 Commonwealth Games in Manchester.

 

Ang, who read law in Britain and has been a barrister-at-law at Middle Temple since last November, said she wanted to become a lawyer because as a badminton player, she believed in fair play and justice.

But the road to success was not an easy one. She managed to do her A-levels at the age of 24 and had to overcome her struggles with the English language.



“I did not speak good English. I could not even construct a sentence properly,” said Ang, who had studied at a Chinese medium school.

“That is why I'm very pleased for being able to graduate with a British law degree. I kept practising and will keep practising,” she added.

Ang, who is now pursuing her post-graduate studies in law in London, said she still had a lot to learn.

“The transformation from one court (badminton) to the other is challenging but I will continue to work hard and focus on being a better lawyer,” said the former doubles champion, who plans to specialise in corporate law.

She said it was very tough to study A-levels seven years after completing her SPM examinations.

“Going back to school was really tough. There were times when I wanted to quit.

“But I decided to remain steadfast with the support of family and friends. Determination is the best way,” said Ang, who retired from professional badminton at the age of 21 after winning the Commonwealth doubles gold in Manchester.

By FLORENCE A. SAMY The Star/Asia News Network

How to impress Malaysian law examiners?

The semester examination has just ended at my university. Working late till the wee hours of many mornings, I completed the evaluation of several thick bundles of examination scripts. As always, a fair number of answers were illegible, incomprehensible and terribly disorganised.

FOR all of us in the teaching profession, the periodic ordeal of marking examination scripts arouses suicidal as well as homicidal instincts!

Many students fail to exhibit basic knowledge of the subject and, understandably, fail the examination. Others have undoubted ability but not the technique or methodology of writing effective answers. It is to the latter group of law students that I wish to address today’s column.

Let me begin by saying that law is “reasoned argument”. To perform satisfactorily in the field, some special skills and techniques need to be cultivated.

Language: A law student should understand that oral and written communication skills are absolutely indispensable for the effective practice of the law. Law students should seek constantly to improve their command of the language by reading newspapers, law books and law journals.

Original sources: A good law student buys her own textbooks and statutes and does not rely entirely on class handouts. She constantly supplements class handouts with self-study from textbooks and adds to the “bank account” of knowledge opened by the lecturer for the students.

Art of reading: Reading is an art. Unless we have a smart strategy, it is entirely possible to get lost in the undergrowth. In reading a book or article, the student must avoid beginning at the beginning and plodding to the end. She must first look at the headings and sub-headings to get a broad feel or outline of what the chapter contains.

She must proceed from the general to the particular; from the woods to the trees. If an easy book or handout is available, she must read that first to get a background.

Self-study: Her study techniques must have three aims. First, to understand the basic principles of the law. Second, to recall basic ideas. To achieve this she must summarise the main principles or ideas in simple diagrams, charts, “magic words” or acronyms. These “scaffoldings” or outlines must be committed to memory. A third aim must be to evaluate existing materials and to highlight the flaws in the laws.

Attending tutorials: Successful students go prepared to class bubbling with queries. During the class or tutorial, they don’t just hear, they listen. They jot down prolific notes. They ask questions orally or by e-mail or in other written form. They participate.

Study groups: Successful law students form informal groups for study and revision. They try to be in a group of hard workers and independent thinkers. They encourage differences rather than conformity. They expose their understanding to scrutiny by others.

Summarising notes: Organising, systematising and summarising knowledge is the best way to master it. In preparation for the examination, a good student summarises each topic on one A4 page or on index cards or uses flow charts or diagrams to organise the vast amount of material collected.

For example, the whole topic of constitutional supremacy in constitutional law can be summed up in six points:

> Article 4(1) and 162(6) on supremacy of the Constitution
> Fundamental rights
> Federal-state division of powers
> Judicial review
> Amendment process
> Darurat (emergency).

These six points can, in turn, be summed up in one magic acronym AFFJAD to help you to recall the broad contours of the topic effortlessly.

Likewise, important cases could be summed up in half a page with a few lines each on three important parts of each case: the facts, the issues, and the court’s decision on each issue.

Past years’ examination papers: Familiarity with existing patterns of evaluation helps greatly in preparation. A successful student obtains and analyses past years’ examination questions. She prepares charts to discover the examiners’ preferences or patterns. She is, however, aware that examiners change from year to year and are not bound by patterns or precedents.

Practising written answers: A good student solves some past years’ questions and submits them to her lecturer for evaluation. This way she seeks to learn by simulation. She submits her knowledge as well as her methodology to sympathetic scrutiny.

Effective presentation: Examinations are like life. Substance is important but so is show! An organised, easy-to-read presentation always secures higher marks than one that is all jumbled up, disconnected and disorganised.

In writing her answers in the examination hall, a wise student does not start writing the moment she is allowed to do so. She spends five minutes organising her answer; drawing up the scaffolding or the outline on the left page of the answer book.

ATACR formula: For each essay or problem question, a wise student follows the ATACR formula. “A” stands for analysis or breakdown of the question or problem into its constituent parts. The more issues the student spots, the higher her marks are likely to be.

“T” refers to theory or the law relating to each issue identified above. The theory and the law are found in statutes, decided cases and juristic works.

The next “A” stands for application of theory or law to the facts of the case or question at hand.

“C” refers to conclusion on the point being discussed and “R” signifies the remedy or course of action to be recommended.

Reflecting On The Law
By Shad Saleem Faruqi

> Shad Faruqi is Emeritus Professor of Law at UiTM 

‘Violent lawyer’ may face action

PETALING JAYA: The Bar Council is looking at issuing a show-cause letter to the lawyer who was caught on video pushing and kicking a client.

Bar Council president Lim Chee Wee said that if there was a cause for further action, the lawyer would be referred to the Disciplinary Board.

“The Board (which is independent of the Bar Council) will decide whether to convene a disciplinary committee to investigate further or deal with the matter summarily.

“If convicted, the lawyer can face reprimand, fine, suspension, or be struck off the roll,” he said.

He said this in response to a 9.03-minute video clip on a “hooligan lawyer” that has gone viral.



The video showed two men, believed to be a lawyer and a house buyer, arguing in the presence of three others in an empty house on June 19.

The argument started when the house buyer refused to acknowledge receipt of several documents handed to him by the lawyer.

The lawyer, Tan Hui Chuan, who is a former Selayang municipal councillor, said it was not fair to pre-judge him.

“I am only human. The client bombarded me with hurtful and disrespectful words over and over again.

“I am 58 years old and about to retire. I never had any disciplinary issues before. As all can see, I only pushed him away from me, to make him stop.

“But he went on and on. I raised my hands several times as a sign of surrender but he kept pestering me.

“And yes, I kicked him once. But it was a soft kick,” he said.- The Star

Sources:

http://www.malaysianbar.org.my/

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Lawyer to stand trial to settle RM3.9mil claim against land owners

Ethics vital for lawyers! Force to sign documents & hit client?

I REFER to the YouTube clip (http://www.youtube.com/watch?v=pXGuSf_YARM&sns=fb) showing a lawyer forcing a client to sign documents without reading the contents, shouting at the client, shoving him and kicking him. (See below: Lawyer who hit client claims self-defence)



Any person who encounters poor legal services or suffers detriment has the right to seek remedy.

In Malaysia, action against lawyers lies in the hands of the Disciplinary Board set up under the Legal Profession Act 1976. The Disciplinary Board is independent of the Bar Council, consists of senior lawyers, and is chaired by a judge of the Court of Appeal. It deals with all complaints against lawyers.

The Bar Council is only empowered to deal with cases of misconduct involving dishonesty, which includes cases of cheating and the misappropriation of funds. If the Bar Council receives a complaint involving dishonesty, it can apply for a court injunction to stop the lawyer concerned from practising pending investigations into his case, or apply to the Disciplinary Board for an order of suspension pending such investigations. The Bar Council will also lodge a police report in respect of the complaint if the complainant has not already done so.

The Bar Council regulates the legal profession in this country and it can deny any application to join the profession – based on the “good character” requirement. The meaning of “good character” can be a little bit hazy, but it’s been described as having a strong moral fibre, a belief the law must be upheld, and an appreciation of the difference between right and wrong.

As a regulating body, the Bar Council polices the conduct of lawyers, and disciplines members not only for unethical actions, but also rude or overly aggressive behaviour. Anyone found guilty of professional misconduct shall face suspension.

At university, legal ethics should be viewed as a major subject, to provide students with a thorough grounding of the proper spirit in which lawyers should practise. Honesty should be a crucial part of a lawyer’s education. By the time students begin pupillage, they should already have a good grasp of what makes a good lawyer. This should include knowledge on how to handle clients’ money ethically and the manner in which they are to deal with other lawyers and the courts. Such education should imbue a correct and broad mindset in students and guide them during their pupillage, as they begin to apply the legal knowledge they have acquired in theory to real-life cases.

A word to all legal professionals in Malaysia: respect your clients, the profession, the country and the public interest. Law is an imperfect profession in which success can rarely be achieved without some sacrifice of principle. But we can strive to make it a notable profession that people can respect in this country.

JACK WONG KIN TUNG
Law lecturer, Ipoh

Lawyer who hit client claims self-defence

By SIRA HABIBU  sira@thestar.com.my

http://www.malaysianbar.org.my/

PETALING JAYA: A video clip of a house buyer being pushed and kicked by a lawyer has gone viral but the purported attacker says he did it in self-defence after being provoked.

Lawyer Tan Hui Chuan, who was a Selayang municipal councillor until recently, said the house buyer had uttered “hurtful and disrespectful words”.

“I just wanted him to get away from me because he was provoking me, so I pushed him. But I did not punch, scratch or slap him. Yes, I kicked him. But I did not kick to injure him. It was a soft kick,'' he said when contacted yesterday.

The nine-minute video clip shows two men arguing in the presence of three others in an empty house. At one point, one of the men, who is apparently infuriated, pushes the other man and kicks him once. He shoves him several times later.

Gone viral: A still from the video grab purportedly showing the attack.

 

The footage, recorded by a woman who came with the house buyer, was posted on YouTube on June 21, two days after the alleged incident.

The house buyer claimed he was upset that the lawyer “forced” him to sign some documents without giving him time to verify them first.

However, the lawyer said he merely asked his client to sign the acknowledgment of receipt of several documents that had been tendered to the bank.

“It was neither an agreement nor a contract as all transactions had been completed a week earlier. The client has already taken possession of the property,'' he said.

Tan said his client went to his firm several days later and signed the acknowledgement of receipt.
“And the video was released after that,'' he said.

The lawyer felt that the house buyer had tarnished his reputation by releasing the video.

Bar Council president Lim Chee Wee said victims of physical assault could sue for damages, adding that the house buyer could lodge a police report as well.

“No amount of provocation should attract (any form of) physical assault,'' he said.

He also said that in cases of misconduct involving lawyers, the people could lodge a complaint with the council's disciplinary board.

Theng Book offers to mediate

The Star June 10 2012

PETALING JAYA: Selangor MCA Public Services and Complaints Department chief Datuk Theng Book has offered to mediate in the controversy involving a lawyer who is alleged to have assaulted a housebuyer.

He, however, urged lawyer Tan Hui Chuan to apologise to Neo Kian Hua within a week.

“Failing which, Neo can take the necessary action if he wants to,’’ Theng Book told a press conference at the Selangor MCA office here yesterday in the presence of Neo.

The alleged assault happened on June 19 after Tan summoned Neo to the house he had purchased to sign some documents.

A video clip showing an enraged Tan pushing and kicking Neo posted on YouTube went viral.

Tan, who was a Selayang municipal councillor until recently, had clarified that Neo had uttered “hurtful and disrespectful words” and that he had acted after being provoked.

The lawyer also claimed that he had merely asked Neo to sign to acknowledge the receipt of several documents that had been tendered to the bank.

Neo, a 32-year-old IT consultant, said yesterday that he had never met Tan prior to the incident as he had only dealt with his assistant.

“I also felt strange as to why he was calling for a meeting at the house and not his office,’’ said Neo, who added that he decided to get his girlfriend who accompanied him to the meeting to record it.

Neo claimed that Tan lost his cool after he (Neo) began reading through the documents before signing them.

“As I continued to read the documents, Tan grabbed them from me and told me to go to his office to do the signing,’’ he further claimed.

Theng Book advised all housebuyers and vendors to appoint their own lawyers to protect their interests.

“Banks should not recommend lawyers to vendors and buyers,’’ he said.

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Lawyer to stand trial to settle RM3.9mil claim against land owners

‘Violent lawyer’ may face action