I was given a hard task this week, that is to find the way to execute a Judgment obtained in the Malaysian Court against a foreinger who is nowhere to be found. Kalau di Malaysia, kita blh rampas property dia. But what about foreigner yang property nya semua diluar negara?
Mungkin ini adalah perkara mudah sebenarnya tapi for me yang tak tau hujung pangkal ni, this subject seems so "alien".
My research began at Janab' Civil Procedure Handbook which some might say is a "kitab" for Civil Procedure and I think it may be true. But I only came across "Foreign Judgments" - that is to enforce judgment obtained from outside Malaysia on Malaysians.
Then I logged on into CLJ Database. Stil,my research came to "Foreign Judgments".
My last resort is to google and see if I can get another starting point to begin my research and still Miss Google linked me to "Foreign Judgments".
In time of where these main sources fail to provide me the information I need, I always turn to people whom I thought that have any slight ideas on the subject. So, I ask a practicing lawyer who has a website to entertain petty questions on legal matters.
I always note that NORMALLY when you seek for something educational like this... (Read : for assignment, homework & research), the chance is PEOPLE ARENT GOING TO HELP because they are under this idea that "helping you means you won't learn anything".
In my personal opinion, there is a fine line between helping and spoon feeding.
Example : My sister often ask me on how to complete her maths homework. Instead of giving her the answer, i show her to get the answer and she works from there to complete her homework. That is not spoon feeding to me. She still needs to learn to understand how the calculation works, doesn't she? Failing to understand would mean she wont be able to complete her homework because, mathematics questions are tricky, don't it?
So, yeah... under that impression I posted the question on executing a judgment obtained in Malaysian Law against a foreigner to the said website owner. I didnt have hopes that he would list me all the case law and sections and acts for me reference, but i sure did hope that he would tell me just a brief ideas on how to go about my research. I was being a professional, introducing myself and my position as a chambie and in need of his help to assist me on my research.
24hours later he replied. Just a simple reply stating he is sorry that he couldnt help because as a chambie, i have to learn to do my own research.. Puff!! In case, he hadnt notice.. I AM DOING my research. Asking is another form of getting information, kan?? Think about it.
Now, the only person who thinks asking and tiru-ing is a method of researching is Tuan Lee (Criminal Law Lecturer, UiTM). He said with his very old soft voice "aku ta kisah if u all want to copy ur seniors assignments and pass it to me as ur assignment. Yang penting aku mau tau u all bace assignments tu. U all tiru pun, u all bace, BETUL KE TAK BETUL" (his trade marks - it's either BETUL KE TIDAK or BOLEH KE TAK BOLEH? - those yang pernah belajar dengan Tn Lee will notice this). In fact, we were once scolded sebab taknak bertanya pada kelas kelas lain on how to complete our assignments. He said "aku tau u all kedukut ta mau kasi orang lain tiru your assignments, but u have to know, sharing is another way to gather information".. He is damn right.. o' that old beloved lecturer.
So, now I'm back to square one, with lost hopes all together to complete my research.. Bak kata orang melayu, literally "mati kutu".
P/S: Most elderly akan think, to walk u have to get up and start walking on your own..If we helped, u wont know how to survive the world. They forget when they were a baby, their parents held thier hands when they took their first steps.
Buried in Frustration,
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