Monday, June 22, 2015

Sad day for women rights, happy one for busy bodies

Angeline Franscis, daughter to the divorcing couple

"It is a sad day for women rights' in Malaysia.

"When there is a chance to give women more rights and equality, it is obviously disappointing," said Angeline Francis, daughter to the divorcing couple of Tan Sri Khoo Kay Peng and Puan Sri Pauline Chai in The Star's Friday report here.

While it is a sad day for women's rights, it is a happy one for busy bodies like this blogger.

This divorce has been on our radar screen and will serve to fulfill an age long curiosity. Slowly but surely, the court outcome is on the right track.

Usually, the attraction in such high profile divorce cases would be the presence of other woman. It is a bit late for such steamy gossips. Though been apart for more than 30 over years with Pauline living in the UK since 1980 and changed citizenship, Khoo's age is 75 and Pauline's 68 for that sort of stuff. 

Anyway that is not this blogger's interest. Our interest is mentioned in a December 17, 2014 posting [read here]. Excerpt below:
Back then, MUI was said to be associated with a certain politician. That was useful for Khoo who  seemed to be able to get whatever he wish for.

Khoo had a macai in a former ITM lecturer. He acts as his proxy in certain counters. However, the whole market linked MUI with this politician.

The politician was a high flyer from a young age. Still in politics, but rather dormant. These days he is heard to work himself through NGO and trying to revive the visions of Tunku Abdul Rahman. And he is being rumoured to try do another 916.

The politician's portion, said to be about 20% and allegedly kept with Khoo as proxy, could be revealed open in court should it be taken out of the balance to be divided.
Puan Sri Pauline Chai

Women's right should not demand what is not owned. The women's right Angeline talked about is in the excerpt of the following report:
Beauty queen loses appeal

M. Mageswari The Star/ANN
Saturday, Jun 20, 2015

PUTRAJAYA - A wife does not have the right to choose where she wants to stay, the Court of Appeal has ruled.

In Malaysia, the common law rule still applies, that is, the wife follows the husband's place of residence.

The court decided this in the appeal by former beauty queen Pauline Chai Siew Phin against a court order that favoured her estranged husband, tycoon Tan Sri Khoo Kay Peng, who wanted their divorce case heard in Malaysia instead of the United Kingdom.

Justice Balia Yusof Wahi, who chaired a three-man panel, said they found that there were no merits in Chai's appeal.

"Having found that the common law rule of domicile is still applicable in Malaysia, it is not open for the wife to have her domicile of her choice," he said in a unanimous decision.

"We are not agreeable that this court should depart from the common law rule," added Justice Balia.

The three judges, he said, also disagreed with Chai's lead counsel Datuk Seri Gopal Sri Ram that the rule was unconstitutional under Article 8 of the Federal Constitution, which is the clause on equality.

The judges said the rule is not beyond the powers of the Article 8.

The Court of Appeal, which affirmed an earlier High Court order, awarded RM30,000 (S$10,731) in costs to Khoo.

The other judges on the Bench were Court of Appeal judges Justice Dr Hamid Sultan Abu Backer and Justice Abdul Rahman Sebli.
Read on here.
There is also the Bernama report in the Sundaily here.

Tan Sri Khoo Kai Peng
This case promises to be a long drawn one as it will involve courts in Malaysia and UK. An extract from Malay Mail below:
The lawyer said they will apply for a stay of the Court of Appeal’s decision “as soon as possible” to “render the appeal not nugatory.”

Yong noted, however, that if the stay is not granted, the divorce hearings could potentially take place simultaneously in Malaysia as well as in the United Kingdom.

“The husband's appeal in the UK is in October, that will determine if the UK proceedings proceed. The Malaysian proceeding depends on whether we can get a stay of Court of Appeal decision. But both can take place at the same time, (and) it can be very complex,” he said.

He added that they will take the case all the way up to the Federal Court, if necessary, to argue the constitutionality of Malaysia's Law Reform (Marriage and Divorce) Act 1976.

“It’s a question of the constitution, it’s a question of Article 8 on the grounds of equality that the wife is incapable of having her domicile of choice even though she's separate from the husband,” he said.
MMO in full here.
Just hope the politician concerned is not on anyone's grand masterplan or there will be someone demanding our right to be denied. It is still a long way before any names get mentioned.


Anonymous said...

If I guess it right, the "politician" was the PM Malaysia should have had but never did. For him to assume the post now, it is a wee bit to late. It is a different nation than the time Khoo Kay Peng was in his elements. Senario is different. The world is different.

Anonymous said...

Will the politician be tun m's option to replace najib? He is someone tun m will never want. He is royalty . He is kelantanis. He thinks he is too clever thus will not want to be at tun m's beck n call. Najib did not want tun m to tell him what to do. Neither would muhyiddin if he ever became pm. Obviously not ku li. Tun m has no end game. That is unless tun m has a candidate from the opposition.

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