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

Court strikes out Manoharan’s application for time extension

PUTRAJAYA: Lawyer M. Manoharan has been ordered by the Court of Appeal here to stand trial over his RM3.9mil claim in legal and consultation fees for allegedly acting for two landowners.

The panel of judges unanimously striked out Manoharan’s application for an extension of time to appeal against an earlier Kuala Lumpur High Court decision to set aside a judgment-in-default (JID) awarding him the RM3.9mil.

Ordering Manoharan to pay RM15,000 in costs, the three-man panel, led by Justice Hishammudin Mohd Yunus, also fixed Sept 20 to 21 for a full trial at the Kuala Lumpur High Court.

Also on the panel were Justices Anantham Kasinather and Lim Yee Lan.

Manoharan had filed the appeal against the High Court’s decision on May 17. However, the deadline for appeal was April 9.

In applying for an extension of time, he had claimed that he had been delayed in filing due to his case load, adding that he had put his clients’ interests above his own.

However, lawyer Mansheel Kaur, who represented the landowners, argued that “lawyers should not say that they were simply too busy to file their own appeal”.

In his lawsuit filed on Dec 22 last year, Manoharan had said that he was appointed by the landowners to advise them on land deals. He subsequently obtained the default judgment from the High Court against the two landowners.

However, the landowners – medical centre Imran ENT Specialist Sdn Bhd and its director Aminah Sirajudin – succeeded in their application to set aside the judgment on March 9.

By QISHIN TARIQ qishin.tariq@thestar.com.my
http://www.malaysianbar.org.my/legal/general_news/court_strikes_out_manoharans_application_for_time_extension.html

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China advises ASEAN to be independent

Don't be bystanders or tools of major powers, says Beijing

China has urged members of the Association of Southeast Asian Nations not to be a bystander or "a tool of major powers" to cope with the new challenges in the current global political and economic atmosphere.

"ASEAN should exercise its independent judgment to move this region forward. If ASEAN takes sides, it would lose its relevance," Vice-Minister of Foreign Affairs Fu Ying told The Nation in an exclusive interview over the weekend.

"ASEAN has an important role to play with its tried-and-true ASEAN Way, as major powers are shaping their new relations in the region."

She said relations with ASEAN countries are of "unquestionable priority" for China. China will continue to support ASEAN's "centrality" in East Asian cooperation, she said.

Fu was in Bangkok over the weekend to meet Thailand's Foreign Affairs Permanent Secretary Sihasak Phuangketkeow. In July, Thailand is to take over the role of ASEAN's coordinator with China for the next three years.

Since the dialogue partnership was established in the early 1990s, ASEAN-China relations have enjoyed robust development, she said.

"We have also encountered a lot of challenges. Yet, rather than hurting our relations, these challenges were turned into opportunities to reinforce our relations," she said.

Asked about the United States' decision to "rebalance" its forces in Asia and the Pacific, Fu said: "China has no problem accepting the US presence and its positive influence in the Asia Pacific. We welcome a constructive US role in regional affairs."

She noted, however, that there is growing concern from media and academics in China over the heavy US emphasis on security in the region.

"I've noticed that the same concern has also been heard in other Asian countries. Some say China is the 'elephant in the room'. Some others worry about a possible return to the Cold War," she said.

"As I see it, maybe it's still too early to draw conclusions."

Asked whether Beijing is concerned about Washington's possible "containment policy" against China, she said: "The US has loudly denied any intention to contain China. We will just take them at their word."

She said she did not believe any country could "contain" another country in the current global environment.

"How can anyone contain 1.3 billion people of China from building better lives for themselves?" she asked.

Fu said China's industrialization is "only halfway" complete. Its huge population means that China's per capita GDP would remain low for a long time to come.

"We are still a developing country working hard to address the imbalances and the uncoordinated and unsustainable aspects of the economy," she said.

Regarding the South China Sea disputes, the vice-minister reiterated that China wants to handle the disputes peacefully through direct negotiations between countries concerned.

"At the same time, we must protect China's sovereignty and maritime rights and interests. We remain committed to working with countries concerned to reach a farsighted and wise solution," she added.

China and ASEAN countries signed the Declaration of Conduct of Parties in the South China Sea in 2002. Central to the DOC is a commitment by all parties to "exercise self-restraint in the conduct of activities that would complicate or escalate disputes and affect peace and stability".

The vice-minister said China and ASEAN are also involved in ongoing discussions on the formulation of a Code of Conduct. "This shows that safeguarding stability in the region and managing disputes appropriately remains the mainstream thinking in our region."

She added: "We sincerely hope that China and ASEAN countries will keep a cool head on this issue and exercise restraint through action, and that all parties will refrain from undermining the atmosphere for peace and stability in the region."

She pointed out that more than 80 percent of China's trade goes through the sea lanes in South China Sea.

"Safety of the navigation routes is of utmost importance for China. We will do all we can to ensure peace in this part of the world," Fu said.

By Suthichai Yoon  (China Daily)  
Suthichai Yoon is editor-in-chief of The Nation Group in Bangkok
The Star/Asia News Network

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China's Space Age Grows Up As U.S. Space Race Winds Down

The Russians started the space race back in the 1950s.

This picture taken on June 12, 2012 shows Chinese People's Liberation Army (PLA) Air Force fighter pilot Liu Yang (L) together with her two male colleagues, Jing Haipeng (C) and Liu Wang (R), in their spacesuits as they pose for an official photo at the Jiuquan space base, north China's Gansu province. China said on June 15, 2012 that a female astronaut will be among the three-person team on board the Shenzhou-9 spacecraft, and will take off at 6.37 pm (1037 GMT) on June 16 from the Jiuquan space base in the Gobi desert for the country's fourth manned space launch, with Liu Yang, 33, and two male astronauts on board. (Image credit: AFP/Getty Images via @daylife)

Source SPACE.com: All about our solar system, outer space and exploration

The U.S. perfect it with putting a man on the moon, then with a series of modern high tech space shuttle missions and Mars ROVERS.  But now, the final frontier captains are more likely to be Russians, with their hopes for a human Mars landing someday, or Chinese, with a new China space station due within the next 8 years.

While the U.S. has basically scrapped its space mission, slashing the budget of NASA and now too close to a fiscal cliff to invest in fly-by-night government funded manned space operations, China is on the move.

The country’s Shenzhou IX spacecraft, carrying two male astronauts and one female astronaut into space this week, completed its first-ever manual docking with the Tiangong I space lab on Sunday.  The manual docking of two ships whipping through space ultimately demonstrates China’s grasp of essential space rendezvous and docking know-how. Manual docking requires astronauts to have a precise judgement on the relative distance between Shenzhou IX and the Tiangong-1 module, a challenge to their capability of coordination, accuracy and psychological stability. The astronauts have done more than 1,500 docking simulations on the ground to ensure a successful manual docking.

Their successful completion of the docking mission at 12:47 pm local time on Sunday means China is fully capable of transferring humans and cargo to an orbiter in space much like the Americans, only the Americans have abandoned further work in this area beyond the current International Space Station expedition which ends next month. That current mission is actually being commanded by Oleg Dmitrievich Komonenko, a Russian national born in Turkmenistan.  He’s one of three Russians on the Russian Proton vesssel, with two Americans and one astronaut from The Netherlands.

China’s three astronauts boarded Tiangong through Shenzhou IX where they will continued conducting various scientific experiments on the space lab before heading returning.

By Kenneth Rapoza, Forbes Contributor

Covering Brazil, Russia, India & China.

See: Will China Blast Past America In Space? — National Public Radio’s “Talk of the Nation”

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