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Showing posts with label BJCC news. Show all posts
Showing posts with label BJCC news. Show all posts

Tuesday, October 23, 2012

BJCC renamed Penang Golf Club, welcome to the newly upgraded Penang Golf course

THE renovation project at the 18-hole Bukit Jambul Coun-try Club (BJCC) golf course in Penang has been completed well ahead of its scheduled time.

The upgraded section is slated to open to golfers starting this Saturday.

Island Golf Properties Bhd chairman Datuk Eiro Sakamoto said the RM11mil golf course, which would be known as the Penang Golf Club, had been completed 14 months ahead of schedule.

“The course has been leng-thened slightly, and is now a par-72 golf course instead of its previous par-71 course.

“Among the upgrading works done were the resurfacing of the tee boxes, fairways and greens as well as the careful tendering of the golf lanes,” he said.

“The bunkers have also been redone. In addition, the subsoil drainage throughout the golf course has also been carried out to allow the smooth flow of rainwater,” he told a press conference at the club premises on Saturday.

All systems go: Sakamoto (left) having a discussion with Penang Golf Club chief operations officer Johnny Khoo at the newly renovated 18-hole golf course
 
Sakamoto said the cow grass at the fairways had also been replaced with Bermuda grass.

“The putting greens, the area surrounding the pin flags, have also been covered with an imported grass known as TifEagle, a hybrid type of cultivated grass that enhances the smoothness and fineness of golf greens,” he said.

Sakamoto also said approximately RM2.5mil had been spent on 100 new all-weather golf buggies for the new golf course.

“In the coming months, we’ll also upgrade the clubhouse building at a cost of RM4.5mil. We already have a new restau-rant known as the Sakurajima Restaurant which serves both Japanese and Chinese cuisines.

“We are now looking at a terrace coffee house and new changing rooms,” he added.

He also said the new golf course with all 18 holes would be open on Saturday during the 2nd Penang Chief Minister’s Golf Tournament.

“Chief Minister (Lim Guan Eng) will launch the game at noon,” he said.

By CAVINA LIM The Star/Asia News Network

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Wednesday, March 28, 2012

Now, buggy for Hospital, how about Golf ?

 Buggy boost for hospital
 
PATIENTS and visitors to the Penang Hospital no longer have to walk far to the hospital’s multi-storey car park with the introduction of a buggy service.

The hospital’s Board of Visitors chairman Lim Thoon Deong said the hospital was the first government hospital in the northern region to use golf buggies for the service.

He said the buggy service would operate within the hospital compound.

Lim said that the buggy, which cost RM42,000, was sponsored by a company which supported MCA.

“The service aims to save patients and visitors time walking some 100 to 200 metres from the car park to the hospital lobby and vice-versa,” he said.

Number one: Project coordinator Datuk Lim Gim Soon (right), Thoon Deong (seated), Dr Yasmin and Komtar Barisan Nasional coordinator Loh Chye Teik (second left) posing for a photo with the buggy at Penang Hospital 
 
Lim, who is also Penang MCA Public Complaints Bureau deputy chief, said the service would begin today.

He said the service was also aimed at making it convenient for handicapped visitors and patients.
Lim said the buggy would be able to transport six people including its driver each time at five-minute intervals between the two stops.

“We will consider seeking sponsors for more buggies if there is an overwhelming response to the service,” he told a press conference after going for a ride on the buggy at the hospital yesterday.

Hospital director Dr Yasmin Sulaiman said the service would help solve parking problems in the hospital compound.

“It will prevent visitors from parking randomly in the compound and encourage them to park at the multi-storey car park because they can now use the buggy service to get to the lobby,” she added.

By HAN KAR KAY hankk@thestar.com.my  Photo by ZHAFARAN NASIB

Related post:
Golf, a good walking game!

Friday, March 23, 2012

Malaysian Consumer Protection (Amendment) Act 2010 deals with unfair contract terms

Contracts
Remember our series of articles on unfair contract terms? Well, it now seems that the Malaysian Parliament is set to finally come up with a law addressing the issue in the upcoming Consumer Protection (Amendment) Bill 2010.

Preferring the approach of amending an existing statute to enacting a wholly new one, the Bill inserts a new Part into the existing Consumer Protection Act 1999, namely Part IIIA intituled Unfair Contract Terms. This Part contains new sections 24A to 24J all intended to address the issue of when businesses seek, via standard form contracts, to impose on consumers terms excluding or limiting their liability when they arise, as well as other terms thought generally considered unfair. Section 1(3) provides that the Part applies to contracts entered into after the coming into force of the Bill.

Section 24A deals with general interpretation in connection with the Part. The definition of a contract in section 2 of the Contracts Act 1950 is retained and a “standard form contract” is defined as a consumer contract that has been drawn up for general use in a particular industry, whether or not the contract differs from other contracts normally used in that industry. An “unfair term” is defined as a term in a consumer contract which, having regard to all the circumstances, causes a significant imbalance in the rights and obligations of the parties arising under the contract to the detriment of the consumer. Section 24B states that notwithstanding the Contracts Act 1950, the Specific Relief Act 1950 and the Sale of Goods Act 1957 as well as other provisions of the law for the time being in force, the Part shall apply to “all contracts”. This presumably addresses implied terms regarding sale of goods in the Sale of Goods Act 1957, specifically sections 14 to 16 of that Act regarding transfer of title and issues of merchantability and fitness for the purpose for which goods are bought. The section fails to mention the Hire Purchase Act 1967, of which section 7 also deals with implied terms in hire purchase agreements. Also should the Part really extend so broadly so as to include all contracts? Presumably if such is the case, a contract or contract term proscribed by law, such as those in the Schedules to the Housing Development (Control and Licensing) Regulations 1989, or financial or securities contracts, or contracts or bills of consignment or lading, be included as well?

Section 24C and 24D are probably the most important sections in the new Part. The Malaysian Parliament has preferred to split the question of unfair terms into two, dealing with terms that are procedurally unfair (section 24C) and substantially unfair (Section 24D). Section 24C(1) proscribes that a contract term is procedurally unfair when

i. It results in an unjust advantage to the supplier (ie. the business relying on the term in question) and/or;

ii. It results in an unjust disadvantage to the consumer;

iii. On account of the conduct of the supplier; or

iv. On account of the manner or circumstances that the contract is entered into between the supplier and the consumer.

Section 24D(1) holds that a contract term is substantially unfair when;

i. it is in itself harsh;

ii. it is oppressive;

iii. it is unconscionable;

iv. it excludes or restricts liability for negligence;

v. it exludes or restricts liability for breach of express or implied terms of the contract “without adaquate justification”.

The approach of splitting the dealing with such terms into procedurally unfair and substantially unfair is rather unique and this author knows not of any other jurisdiction within the Commonwealth that has chosen this approach. It is also, in this author’s view, rather needless and unneccessary. A substantially unfair contract term is neccessarily procedurally unfair as well. The two are not mutually exclusive. There is also the troubling question of what would about to inadaquate justification for breach of express or implied terms of a contract. When is the justification adaquate and when is it not? Presumably this follows the approach of determining if whether the exclusion of such terms are fair and reasonable or not, but for this to work the statute itself must give an account of what “adaquate justification” amounts to rather then just simply leave the matter for the courts. Such an approach would be in tandem with those used in other jurisdictions, such as the United Kingdom in their Law Commission’s proposed Unfair Contract Terms Bill 2005, specifically clase 14(1) which provides a test on how contract terms are deemed not fair and reasonable. It is also noted that Malaysia has decided that exclusion or limitation of liability for negligence is to be disallowed outright rather than having it hang on whether such an exclusion or limitation is fair and reasonable or as the Bill puts it “without adaquate justification”.

Sections 24C(2) and 24D(2) at least partially follow the approach of Clause 14 of the UK Bill  (specifcally Clause 14(4) )when they list the considerations to be had when determining when a contract term is procedurally or substantially unfair. The considerations are mostly the same between the soon to be Part IIIA of the Consumer Protection Act 1999 of Malaysia, and Clause 14(4) of the Unfair Contract Terms Bill 2005 of the United Kingdom, and again the latter does not contain needless distinction between what is substantively and what is procedurally unfair. The new section also fails to provide an example of a list of terms that can be thought unfair unlike the corresponding Clause in the UK Bill.

Section 24E states that it is for the supplier (ie the business) to prove that the contract term is with adaquate justification. This is the same as Clause 16(1) of the UK Unfair Contract Terms Bill 2005. Section 24F provides that a court or the Tribunal established by the 1999 Act may deal with any issue of any unfair contract term even if none of the parties has raised the matter, again similar to Clause 21 of the UK Bill.

Section 24G(1) enacts that a court or the Tribunal may declare an unfair contract term under sections 24C and 24 D to be void and subsection (2) is not unlike Clause 24 of the UK Unfair Contract Terms Bill which provides that other clauses of the contract affected are to continue in force without the offending term. Section 24H further provides that a term of a contract can still be held void even if it has been partially or wholly executed. This is a novel idea as it provides more certainty as to the position of the parties in the midst of a continuing contract.

Section 24I makes the contravention by “any person” (as defined under subsection (1)) of the Part an offence. The section is silent on how exactly is the Part contravened. First of all, why “any person”? Is it possible for the consumer to commit an offence under the Part? Or is the inclusion of any unfair contract term by a supplier/business to be made an offence? If this is so, it should have been clearly spelt out. There is also a host of other matters that arise by making unfair contract terms an offence, for instance, it could inhibit freedom of contract. The high penalties involved (RM 250,000 for a first offence and RM 500,000 for a subsequent offence, as well as RM 2,000 a day in which the offence continues) could also be pontentially crippling for small businesses. Other jurisdictions have so far not seen the need to make any inclusion of an unfair contract terms an offence and while the merits of such a move are debatable, it is suggested that a comprehensive study on the move be done at first.

Section 24J empowers the Minister to make Regulations in connection with the Part. This section could provide an avenue to remedy two important defects discovered so far, namely the failure to indicate the extent of the application of the Part and the types of contracts involved and secondly, the failure to provide an list of examplary contract terms that might be thought unfair.

The proposed new Part IIIA of the Consumer Protection Act 1999 as will be introduced by the Consumer Protection (Amendment) Act 2010 contains many weaknesses, all of which could and should be addressed by enacting a single comprehensive piece of legislation on unfair contract terms, rather then by simply amending an existing statute. It does not, for example, include unfair notices. Thus while a consumer can now worry less about whether he or she may claim under a defective contract, the same might not be said for a notice, for example, one notice excluding liability for negligence when using a swimming pool or car park, for example, is not covered by the new Part on a plain reading of the Bill, which clearly limits its scope to standard form contracts, and does not mention notices. This is in spite of Domestic Trade and Cosumer Affairs Minister Datuk Seri Sabri Yaakob’s claims to the contrary.

The Bill also makes an unneccesary distinction between procedural and substantive unfair contract terms. It fails to make provision as to what types of contracts exactly are covered by the Part and extending the application to “all” contracts could possibly have unexpected and unfavourable ramifications. It crucially also fails to address the issue of application taking into account where the contract is concluded (ie whether in or outside Malaysia) or what happens when a contract applies foreign law. A test for determining what amounts to “without adaquate justifiaction” is absent, as well as a list of examples of unfair contract terms. What offence created is not clearly defined and the potential effects not carefully studied.

On the other hand, initiative is demonstrated by providing that a term of a cotinuing contract can also be struck down on account of being unfair. On the whole, it is remarked that some form of bulwark against unfair contract terms in consumer contracts is better then nothing but there is room for improvement. It is hoped that those that be can revisit the issue in the future and consider seperate, more comprehensive legislation on the matter instead. It would be interesting, however, to see how the Malaysian courts react to the new legal provisions on unfair contract terms, especially concerning if they would follow the approach of their foreign counterparts in deducing unfair terms, or create their own notions based on the new provisions.

5 July 2010 by  

THE LEGAL IMPLICATIONS OF THE CONSUMER PROTECTION
Consumers Association of Penang

Related posts:

Related articles 
Law of Contract online book & recorded lectures (charonqc.wordpress.com)

Sunday, March 11, 2012

Golf, a good walking game!

Make it a good walk  

Golf is an enjoyable sport as long as there is an element of exercise involved, like walking, otherwise it’s just a parlour game.

Bukit Jambul Country Club in Penang has issues with members now not allowed to walk the course.
The phrase “Golf is a good walk spoilt” is often attributed to the famous American scribe Mark Twain, who was said to have used it to describe his frustration with the game.

The truth is that Twain, whose real name is Samuel Langhorne Clemens, never uttered those words but it seems a US magazine in the 1930s attributed the phrase to him because “it sounded like something Twain would say”.

Regardless of who is the original author, we golf mortals, who find the simple instruction of keeping the ball in a straight direction an impossible task, find so much truth in that phrase.

Even a demi-god like Tiger Woods is struggling to keep his game together and often refers to the present state of his game as military golf because he keeps hitting the ball left and then right and then left and then right again – like soldiers marching.

However, all of us continue to chase after the white dimpled ball because we want to get better at it and it is probably the only form of exercise we get after hours in the office. Thus, it’s a good walk spoilt – a good exercise pursuit interjected by bad golf.

This brings me to the recent controversy surrounding the Bukit Jambul Country Club in Penang where the management company running it has decided to ban golfers from walking.

The actual ruling is not a ban on walking but rather that all golfers taking to the course must rent a buggy.

The clash between the golfers and the club operators – Taiyo Resorts – has descended into all sorts of battles from name calling at press conferences to disciplinary hearing against members who opposed the buggy only ruling which took affect on Feb 1.

It all started when some 100 members voiced their displeasure over the compulsory buggy-use rule at the golf club.

According to the club’s liaison committee chairman, Stanley Park, from that day walking hours were restricted to after 5pm (only on Monday and Tuesday). Many other clubs around the country also restrict golfing to non-peak hours but none have enforced it as strictly as BJCC.

“However, the club has already made known to the members of the Liaison Committee during one of our regular meetings, that BJCC shall be a full buggy course as soon as the renovations of the fairways gets completed,” Park said in an interview.

More than 100 disgruntled golfers protested at the club on Feb 2, saying the ruling was not suitable due to the way the course was built as it was designed for golfers to walk and not intended to be a buggy course.

They also complained about the increase in the buggy rental rates from RM22 to RM37 for the first nine holes.

Taiyo Resorts’ managing director Datuk Eiro Sakamoto argued that majority of the club’s 2,800 members did not object to the new ruling and it was just a few golfers who were making noise.

It cannot be denied that the “buggy only” ruling is a way for the company to increase their ancillary income – after all it had promised the state government, which owns the course an increase in profit.

However, most visitors to Bukit Jambul would rent a buggy as it is quite a commando course with hilly and tight fairways that are quite sapping for those unused to such conditions.

But for golfers, seeking a good workout, Bukit Jambul is the perfect course to keep fit and to test whether you can avoid playing Tiger’s military golf.

Making money from running a golf club is not an easy thing especially when you have a course built into the top of a hill. Maintenance, I expect, would be high and the green fees collection cannot be much.

The subscription is just over RM90 and with 2,800 members, this works out to be RM252,000 per month. The extra revenue from F&B plus ancillary income like golf buggy rental becomes important.

However, the management of BJCC must take cognisance of the importance of walking when playing golf.

It improves your game because it keeps the rhythm going when one walks:

  • This is how the game is supposed to be played and this way the game finishes faster as the golfer walks straight to the ball.

  • It improves the fellowship among the flight of golfers because all four of them can walk and talk at the same time.

    I hope that the matter can be resolved amicably as golf is a gentleman’s game with proper rules.

    So till next month, walk the course and truly enjoy the view.

    Keep Walking.. Keep Walking...Keep Walking

    Keep Walking.....

    Because...
     
    The Organs of your body have their sensory touches at the bottom of your foot.

    If you massage these points you will find relief from aches and pains as you can see the heart is on the left foot.

    Typically they are shown as points and arrows to show which organ it connects to.

    It is indeed correct since the nerves connected to these organs terminate here.

    This is covered in great details in Acu-pressure studies.
     
    God created our body so well that he thought of even this.

    He made us walk so that we will always be pressing these pressure points and thus keeping these organs activated at all times.

    So, keep walking....... LIVE LONGER !!!!! 

  •  Golfer or not, you must see this clip...
     http://www.youtube.com/watch_popup?v=aw-nt0eTb2w

    It's all in the balance... (He plays off 3!!) And he walks the course!!!!!

    Is there something unreal with our fliers at the club?

    Hear that members are filing court action for some declaration of rights to play golf the way it was meant to be played?

    Perhaps some of you LC members can show this clip to the presiding judge. Thanks
    Related posts:
    BJCC Golf Club management Fiasco: challenges ...
    BJCC management fiasco: 'Outsourcing not the fair way ...

    Thursday, February 16, 2012

    Japanese Occupation survivors tell their stories



    IN 1942, the Japanese invaded Malaya, and thus began three-and-a half years under the rule of a nationalistic and iron-fi sted army. This year is the 70th anniversary of the fall of Malaya to the Japanese. Stories abound of how Malayans at that time were treated and how many escaped the suffering and torture under the Japanese. MICHELLE CHUN speaks to four people who lived to tell their stories. 

    Chye ... I will never forgive the Japanese>>

    Seow ... my mother’ssacrifi ce saved my life 

    HE was only six years old when the Japanese came. Now, 70 years later, Seow Boon Hor remembers clearly what happened the day the Japanese came to his village in Parit Tinggi, Negri Sembilan in search of informers.

    His entire family was massacred that day but he managed to survive, all because his quickthinking mother – who was heavily pregnant at that time – shielded him with her body.

    It was her act of sacrifice that saved his life. “My mother threw herself on top of me, and as the soldier stabbed her, the knife went through her and into me too. After the third stab, which was to my side, I fainted.

    Zainul ... did not suffer much from the occupation

     “When I woke up, an old man from the village who had found me told me to follow him, so I turned to my mother and pulled her arm, telling her it was time to go.

     “But the old man said, ‘Your mother is dead, we must leave her’,” he said with glistening eyes.

    Clad in a patterned shirt and black trousers, Seow sat on a plastic stool next to his mixed rice stall in Section 19 as he recalled the events as if they had happened just yesterday. Of the 600 villagers bayoneted that day, only five survived.

     “We wanted to make a run for the hills, but suddenly heard the footsteps of Japanese soldiers, and quickly played dead until they left.”

     Tay ... hid in a jungle for three months.

    Another survivor who lived to tell his tale is Chye Kooi Loong, who was 12 years old when the war broke out.

    “It seemed like a dream when we heard the Japanese had reached Malaya, we always thought the war would stay in China. My father was an accountant, a rare profession in those days, so we were evacuated to the hills of Kampar,” the 83-year-old said in a phone interview.

    He attended a Japanese school because all students who attended were given weekly rations of rice, sugar, and coconut oil.



    “In school, we were taught that people from the Land of the Rising Sun were very courteous, but it was the exact opposite – there was a lot of violence and killing. One thing I cannot forget is when a village ‘aunty’ objected to Japanese soldiers taking her chickens, and was killed. Killed over chickens!” he said.

    However, not all Malayans experienced the hardship Chye and Seow faced at the hands of the Japanese. One of them is Datuk Zainul Aziz, who worked as an assistant at the Japanese Naval Hospital in Penang.

    “At that time, all of us had to attend Japanese school, and everybody had to work otherwise there would be no food on the table.

    “I went for an interview at the hospital, and even though I was 13 the doctors employed me to help treat the wounds of Japanese soldiers and learn about medicine,” the 84-year-old said in a phone interview.

    Zainul said that he has no ill-feelings towards the Japanese because he did not suffer much at their hands, having been given food and rations while working in the hospital.

    “My family members also did not suffer much as they went to work for the Japanese,repairing ships and such.”

    Another survivor, Elijah Tay, 79, also did not bear the brunt of the Japanese army’s violence throughout the occupation period.

    “The Japanese invaded Malaya when I was about eight; we hid in a rubber estate for three months before coming out,” he told the Sun in his Malacca home on Feb 4.

    “My mother would play the piano in my father’s Chinese school, which had closed down, and a Japanese soldier heard her playing one day and came in to listen.

     “He became a friend of my father’s, helping him to open a private school in Labis, where my mother taught the students Japanese songs for the annual concert,” he said.

    When the Japanese army heard the students sing, Tay recalled, they were so impressed the captain ordered that no one was to enter the school without his permission.

     “Elsewhere, the Japanese were killing, looting and raping.

    “What happened to us was nothing less than a miracle,” Tay said.

     It is because of the atrocities committed by the Japanese that forgiveness is difficult for many survivors, even today.

     “I will never forgive the Japanese; I cannot be friendly with them because I cannot forget what they did,” Chye said.

    Seow, on the other hand, said today’s eneration cannot be blamed for the acts of those in the past.

     “I have forgiven them, I suppose. We cannot blame the Japanese today for what was done before, and many have shown remorse. When I visited Japan, four ex-soldiers who were part of the Japanese army to Malaya knelt in front of me and begged for forgiveness,” he said.

    But for Chye and many others, an official apology from the Japanese government is a necessary first step towards closure.

     “The Japanese need to formally acknowledge and admit they committed atrocious crimes during the Japanese occupation of Malaya, and not that we were treated well as is currently written in their history books,” he said.

     For the first time ever, eyewitness accounts of the events that occurred in Malaya during Japanese rule have been preserved in a video documentary, produced by History Asia in conjunction with FINAS, Novista and Primeworks Studio. The documentary, Rising Sun over Malaya, will premiere on History Channel (Astro Channel 555) on Feb 15 at 10pm.

    NEWS WITHOUT BORDERS
    theSun ON MONDAY | FEBRUARY 13, 2012

    Related post: Rightways: Nanjing Massacre remembered!

    The Nanjing Massacre « Talesfromthelou's Blog
    talesfromthelou.wordpress.com/2012/02/21/the-nanj...
    72.233.61.16



    Tuesday, February 14, 2012

    BJCC management fiasco: 'Outsourcing not the fair way', a walking game must use buggy; Wants 10 to face the music!

    Council unhappy over golf club being run by third party

    By JOSEPHINE JALLEH josephine@thestar.com.my

    GEORGE TOWN: The liaison council of the Bukit Jambul Country Club (BJCC) that is at the centre of a buggy rule controversy has hit out at the state government for “outsourcing” the club’s management to a Japanese company.

    BJCC secretary Alfred Beh claimed members were upset over the state’s decision as the company’s primary objective was “profit driven”.

    “The state government and Chief Minister (Lim Guan Eng) have failed to consider the members’ interests,” he said.

    Golf courses are places of sporting and recreational activi­ties, not institutions to rake in pro­fits.”

    Beh was responding to Friday’s dispute between the club’s disgruntled members and its management, with both sides lodging police reports against each other following the compulsory buggy rule effective Feb 1.



    Club managing director Datuk Eiro Sakamoto had said the rule was to ensure golfers “maximise their time on the field” and that there was no walking on the course.

    He also claimed that the club rules allowed such a rule and majority of the 2,800 club members were happy with it.

    Japanese firm Taiyo Resort (KL) Bhd took over the club’s management in 2010 and signed a leasing agreement with Penang Develop­ment Corporation (PDC) and Island Golf Properties Bhd.

    Beh said the BJCC golf course was built in 1984 as a “walking course” and that the club did not have a buggy track incorporated in the original layout.

    He also claimed there were only 700 golfing members out of the 2,800, with the rest being social and associate members.

    “And among this 700, probably only half play the game regularly,” he added.

    Golf truly a walking game 


    Jack Nicklaus walks up to his ball on the 9th ...
    I AM the secretary of the Liaison Council of Bukit Jambul Country Club (BJCC) and wish to clarify some of the statements issued by club managing director Datuk Eiro Sakamoto, as reported in The Star on Feb 10.

    Members of the club have never challenged the proprietary status of the club.

    Please allow me to provide some background of BJCC, so you can understand the situation that has led to this clash with the club management.

    1. Island Golf Properties Berhad (IGPB) is the developer which operates and manages BJCC which is a proprietary club and is required by law to comply with Division 5 of Part IV of the Companies Act 1965 and the Policy Guidelines and Requirements for Sale of Club Membership dated Sept 8, 1992, and updated on July 31, 2002.

    2. The club’s objective is to promote golfing, swimming, tennis, squash and other forms of sporting, social and recreational activities for members.

    3. The developer (IGPB) is the registered lessee of the land [No:P.T.258, Mukim 13, Daerah Timur Laut] leased from Penang Development Corporation for sixty (60) years commencing 01/02/1985 and expiring on 31/01/2045.

    4. The developer is by law required to appoint a trustee to act in the interests of club membership holders.

    5. There must be a trust deed to benefit and protect members. The principle deed of trust between IGPB and the trustee and several persons who acquire/have acquired membership mentioned in respect of BJCC (the members) was signed on Nov 2, 1993.

    To date, seven supplemental trust deeds have been entered into.

    6. The BJCC golf course was built in 1984 as a ‘walking course’. BJCC did not purchase golf buggies nor did it have a buggy track incorporated in the original course layout. Even a buggy shed was not incorporated into the building design.

    The first set of 30 buggies was acquired only in 1990 and their use was not compulsory.

    Those who purchased membership as from 1984 did so on the explicit understanding that they would be able to walk the course when playing golf whilst carrying their golf clubs or pulling the same on a golf trolley.

    7. One has to just take a look at how this game is being played around the world.

    Watch how Tiger Woods, Greg Norman, Jack Nicklaus, Gary Player and the many heroes of the game play it. They walk the golf course through 18 holes.

    There had never been an international or a national game (in Malaysia) or tournament where all players ride motorised carts to move around the course.

    This is how the game has to be played, with the player playing against the terrain of the course, the different conditions of the fairways and the different types of grasses on each fairway. They challenge their stamina to play the game.

    Therefore, it is only natural that members of a golf club would want to play this game the same way great sportsmen play it.

    8. However, over time, more and more golf clubs started to think of the golfers who become physically disabled and still wish to play the game.

    That gave birth to the motorised carts. But the introduction of these carts was never meant to replace the true and correct game methods.

    9. The crux of the matter is that golf has to be properly played to be called golf.

    But we need to cater for the unfortunate golfers who become physically incapable of walking.

    The clash with the club management did not arise from a minority few, as stated by Sakamoto.

    There are some 260 golfers who were affected and are now aggrieved, not the 50-odd claimed by him.

    Another claim he made which I feel was misleading was that the club has 2,800 members and all of them are happy with the new rules.

    What he failed to impress to the press is that out of the 2,800 members, there are about 700 golfing members, with the rest making up the social and associate member categories.

    And of this 700, there are probably only 50% of them who play the game on a regular basis.

    The golf course at any day can accommodate only about 280 players, so declaring that he has 2,800 members happy with this situation is misleading.

    Before the management introduced the reduction in the time meant for golfers to walk the course, there was an average of 85 to 110 members each morning and about the same number in the afternoon visiting the golf course each day to play this game.

    The first change was introduced in December 2010. Several members became disgusted with the changes and stopped playing or they went to other places to play the game.

    Members are now up in arms over the disruptive changes.

    They bought transferable memberships through a sales pro- spectus given by IGPB, which among others, promises certain facilities for members to use and enjoy.

    The aggrieved members bought their membership on the premise that they could use the golf facilities as they saw it then (i.e with people playing the game by walking the course, which then confirms that this is indeed the correct place to play the game). This gave them true enjoyment of the game.

    To change any of these, the members contend that the club management (now outsourced to this Japanese company which has no roots in our state and country) has to comply with the Trust Deeds as enforced by the Companies Acts.

    And the developer needs to seek the members’ agreement on any change that affects the members’ rights to use and enjoy the facilities for which the members pay a monthly subscription.

    This is not an easy matter to comprehensively cover in full and to get clear understanding of. The intent of this statement is to counter the misleading claims, so that Penangites understand the implications.

    To highlight a few points in summary:

    (a) Golf is a walking game, same as any other game.

    (b) Most golf courses today have motorised carts to give players a choice, either to use them or not to. But a choice must exist.

    (c) BJCC members are displeased with our state government which outsourced the management of the club to a foreigner whose sole objective, we believe, is profit-driven.

    The state government and the Chief Minister have absolutely no understanding and appreciation of the game of golf and have failed to consider the interests of the members at large.

    (d) It is common knowledge that golf courses are places of sporting and recreational activi-ties and are not institutions to rake in profits. Sports clubs are social obligations to the commu-nity.

    Thanking you in anticipation.

    ALFRED BEH,Secretary, Liaison Council of BJCC, Penang. 
    The Star Feb 15, 2012

    BJCC wants 10 to face the music

     Sunday February 19, 2012

    GEORGE TOWN: The compulsory buggy use issue has further ‘heated up’ after 10 Bukit Jambul Country Club (BJCC) members were hauled up for disciplinary action.

    More then 50 people, believed to be BJCC members, turned up at the club to show support for the 10 who were accompanied by their lawyers.

    “The 2pm hearing (yesterday), was postponed as the members decided to seek another date after being told by the disciplinary committee that no legal representation was allowed.

    “The members have instructed their lawyers to send a notice (tomorrow) to the committee to place on record as to what had transpired at the hearing,” said the group’s spokesman Alfred Beh.

    He said the members had allegedly teed off despite not being allowed to register as they refused to abide by the compulsory buggy use ruling implemented on Feb 1.

    On Tuesday, the club’s disgruntled members and its management lodged police reports over the issue.

    Beh claimed that members were also upset with the state’s decision to “outsource” the club’s management to a Japanese firm which had failed to consider their interests.

    BJCC managing director Datuk Eiro Sakamoto could not be reached for comments.

    He had said that the new rule was to ensure golfers could “maximise their time on the field” and that the majority of the 2,800 club members were happy with the decision.

    Japanese firm Taiyo Resort (KL) Bhd took over the club’s management in 2010 and signed a leasing agreement with Penang Develop­ment Corporation and Island Golf Properties Bhd.



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    BJCC Golf and Country Club News

    Wednesday, February 8, 2012

    BJCC Golf Club management Fiasco: challenges members to leave! Would Guan Eng Intervene?

    Golfers pleads Guan Eng to intervene Bukit Jambul Country Club fiasco



    Following the dispute over the Bukit Jambul Country Club management decision to require golfers to use payable electric buggies on its 18-hole golf course, the members staged a demonstration and pleaded Penang CM, Lim Guan Eng to intervene and resolve the issue.



    According to one of the golfers, Adrian Ho, he hoped that something can be done to resolve this as they are ready to compromise with the management, if they are going to charge for a walking fees.

    Ho also said that the management set off the water sprinklers at the green today to prevent them from walking.

    He also stressed that they are mulling take legal action against the management if the issue remained unsolved.

    Many aggrieved members feel that such requirement to pay for electric buggies are unfair as they are already paying a regular fees to the club.

    Bayan Baru parliament coordinator, Por Joo Tee said that the issue started from a notice saying that the golfers privileges of walking has been cancelled.

    Por also added that during professional golf tournaments the golfers would walk to the selective holes instead of using buggy.

    Komunitikini earlier tried to reach Bukit Jambul Country Club management for a response but the Chief Operating Officer, Johnny Khoo said that response can only be given once the management company CEO, Dato’ Eiro Sakamoto arrives from Kuala Lumpur later today.

    Bukit Jambul Country Club is a subsidiary of Penang Development Corporation (PDC) and is currently managed by Taiyo Resort (KL) Berhad.

    Source: Komunitikini

    Police Report_BJCC
      Thugs or Guards from Metro Security?


    Management and members take swings at each other over buggy rule
      By TAN SIN CHOW sctan@thestar.com.my,  Friday 10 Feb 2012

    GEORGE TOWN: The “clash” between disgruntled members and the management of Bukit Jambul Country Club has escalated with both parties lodging police reports against each other.

    It all started when some 100 members voiced their displeasure over the compulsory buggy-use rule at the golf club, effective Feb 1.

    A 59-year-old member lodged a police report on Feb 3, alleging that the club's security guards had verbally abused him and several others at the golf course on that day.

    He also claimed that the guards had prevented them from walking on the course and verbally abused them.

    On Feb 2, more than 100 disgruntled golfers protested at the club over the new ruling that made it compulsory to use a buggy.

    The golfers said the ruling was not suitable due to the way the course was built. It was designed for golfers to walk around the course and was not intended to be a buggy course.

    They also complained about the increase in the buggy rental rates from RM22 to RM37 for the first nine holes.

    Japanese firm Taiyo Resort (KL) Bhd took over the club's management in 2010 and signed a leasing agreement with PDC and Island Golf Properties Bhd.

    Yesterday, Club managing director Datuk Eiro Sakamoto said they lodged a report with the Sungai Nibong police station yesterday to deny the allegations.

    “The club had carried out its own investigations and found the allegations to be untrue,” he said at a press conference.

    “The 50-odd disgruntled club members had violated club rules by teeing-off without registering. They also did not use the buggies as required.”

    Eiro said there was no such right as walking on the course, adding that the security guards had approached them in a polite manner but were instead insulted.

    “We are legally allowed to implement the buggy-use rule in accordance with club rules. An overwhelming majority of the 2,800 club members are happy with the rule.”

    He added that a complaint had since been lodged with the club's disciplinary committee.

    “I wish to stress that this is a proprietary club, not a member's club,” he said, adding that displeased members “have the freedom to leave”.



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    BJCC Golf and Country Club News

    Tuesday, February 7, 2012

    Are you coming? Press ‘Like’ if you are!

    Wedding Dress For Happy Couple in Love
    Wedding Dress For Happy Couple in Love (Photo credit: epSos.de)
    Press ‘Like’ if you are coming

    Trendy couples are not just in the soup about spurning shark’s fin soup at their nuptials. They are now in hot water over wedding invitations.

    Internet-savvy couples are ripping up the usual way of sending invites – those fancy cards with formal words – and using Facebook instead.

    Take 24-year-old marketing specialist Lim Yi Ning and 26-year-old product manager Foo Tiang Lim who sent friends and relatives an invitation through Facebook that said: “You are cordially invited to our wedding.”

    It worked like this: Those on the guest list received an online notification. They then visited the page to view the event details and RSVP-ed simply by clicking either “Join”, “Maybe” or “Decline”.

    No agonising over the type of paper and choice of words, no pen to sign your name, no licking of envelopes and no stamps. But the move does not hit the “write” note with older folk, etiquette experts and wedding planners.



    Cashier Jean Tan, who is in her 50s, does not have a Facebook account and feels that using it to send out wedding invitations is “insincere”.

    “It seems like just throwing the occasion out there and if you want to come, you come. It does not follow proper tradition,” she added.

    Not sending invitation cards can give the impression that the couple is on a tight budget or pressed for time, said Eunice Tan, 39, founder of Image Flair Academy Of Modern Etiquette.

    Jonathan Goh, 40, director of wedding planning company Wedding Acts, said he always advised his clients to send out formal invitation cards.

    “A lot of people say ‘move with modern times and technology’. This may be possible 10 to 20 years in the future when everyone is on a social media network, but for now, there are still relatives and friends who prefer to have the paper invite,” he said. — The Straits Times/ Asia News Network

    Monday, February 6, 2012

    Guan Eng the 'street fighter' ?

    Chua chides Penang CM for trying to gain political mileage by spinning facts

    By ALLISON LAI alison@thestar.com.my

    MALACCA: Penang Chief Minister Lim Guan Eng should refrain from being a political “street fighter” and instead focus his attention on resolving woes faced by Penangites like a true statesman, MCA president Datuk Seri Dr Chua Soi Lek said.

    Taking a swipe at Lim for suggesting that MCA was a chauvinist party that supported Perkasa, Dr Chua stressed that Lim should pay attention at addressing pressing issues in his own state rather than challenging others and being interested in gaining political mileage by condemning others.

    “It is a bread-and-butter issue today and people are observing what he (Lim) is doing to Penang.

    “I humbly suggest for the sake of Lim Guan Eng, who is holding a key post as Chief Minister, to talk less politics, minimise spinning facts and refrain from attacking people.


    Penang BJCC Golfers Protest over new Buggy Rule
    Re: BJCC Golf and Country Club News 

    “Behave like an administrator, a statesman managing the Penang government,” he said at the Kuan Ti Temple Chinese New Year dinner here last night.

    Dr Chua cited Penang's dire public transport system, unkempt hawker centres and wet markets as basis for his call for Lim to focus on issues affecting Penangites.



    He also rubbished Lim's claim that MCA was a racist party that supported Perkasa just because one of MCA's party members attended its event.

    “This is sheer nonsense.

    “If Perkasa is a racist Malay group and MCA a racist Chinese party, then they would be in conflict and how can these two be supporting each other?

    “It is as simple as oil and water can never mix together,” he said, adding MCA also had many photos that showed DAP leaders talking to Perkasa president Datuk Ibrahim Ali on stage when the latter was still with PAS.

    “So are you drawing the conclusion that DAP had been working with Perkasa from the beginning?” he asked.

    Dr Chua pressed further, saying that Lim, who always appeared at PAS functions, would probably embrace the party's spiritual leader Datuk Nik Aziz Nik Mat when they meet.

    “Is DAP implying that MCA would say that DAP is supporting PAS and hudud?

    “If we draw this kind of conclusion and political spinning, I would (also) draw this type of conclusion,” he added.

    Thursday, February 2, 2012

    Racial tint to golf club membership!

    Kelab Golf Negara Subang is allegedly offering racially-different membership rates, although some say that this is merely a move to fill up the club's racial balance.

    PETALING JAYA: A golf club in Subang is accused of charging new members according to race. The accusation is making the rounds on the Internet.

    The membership price list first appeared on Facebook over the weekend. It showed differences in Kelab Golf Negara Subang (Subang National Golf Club – KGNS) membership rates, with RM35,000 to RM65,000 for Malays, RM45,000 to RM80,000 for Chinese, RM60,000 to RM80,000 for Indians and RM40,000 to RM50,000 for “Others”.

    According to a source who took the photo, the membership price list came from a copy of KGNS’s official newsletter, Berita Subang, printed for the October to December 2011 period.

    The source told FMT that he found it very “peculiar” that KGNS would practice racial policies in admitting members to the club.

    “It is hard to believe that the club, being established by an Act of Parliament still practices somewhat offensive racial discriminatory policies in admitting members. This admission policy somewhat offends my ideology of what Malaysia is.”



    “I would like to stress that I have no malice towards the club when posting the picture,” he told FMT.

    Predictably the photo caused an outcry over Facebook, with many reacting in disappointment and anger over the racially-charged prices.

    “Where goes the 1Malaysia concept (Where has the 1Malaysia concept gone)?” said a Md Farhad Rahman.

    Another, only known as PuiSee Ch, said: “What’s in the minds of these pepps (people)? Now ‘race’ can be purchased? They gotta be kidding.”

    Other comments were tinged with sarcasm. One Calvin Wong said: “Wow. I never knew Chinese and Indian (were) worth so much more.”

    Aiman Baharum said: “Ahh, so good to be the cheapest one lol.”

    Janson Chen said: “One day petrol is going to be like that too lol.”

    Balancing the racial imbalance

    One Facebook user claiming to be a KGNS club member said that the price list had little to do with racism, and more to do with the racial mix in the club.

    “This isn’t racism. They’re trying to balance the number of races (there). Currently, there’s lots of Chinese and Indians but very little Malay club members. I know (this) because I’m a club member myself,” said Norman Zakaria.

    “So in order to balance it, they charge higher for the Chinese and Indians so not many will apply, and charge less for Malays in order to promote membership to the Malays and increase the number of Malay club members.”

    One of the names listed on the photo – who requested to be anonymous- told FMT that the membership payment was part of a United Overseas Bank (UOB) move to finance loans for potential KGNS members.

    According to her, UOB had nothing to do with the price list.

    “The price was fixed by KGNS according to their quota. We are not selling this (the membership) on their behalf … As a bank, we are running a campaign for the payment,” she said, refusing to elaborate further.

    When contacted, KGNS refused to comment.

    Source: Patrick Lee Free Malaysia Today

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    Sunday, May 8, 2011

    Golf legend Seve Ballesteros dies, Fierce commitment and uncharted brilliance!





    Seve Ballesteros

    Seve Ballesteros, the legendary five-time major winning golfer, has died at the age of 54 after losing his fight against cancer.

    The news was confirmed by a statement on the golfer's official website which said: "Today, at 2.10am Spanish time, Seve Ballesteros passed away peacefully surrounded by his family at his home in Pedrena.

    "The Ballesteros family is very grateful for all the support and gestures of love that have been received since Seve was diagnosed with a brain tumour on 5th October 2008 at Madrid Hospital la Paz.

    " Ballesteros' brother Baldomero told reporters the funeral will be held on Wednesday in Pedrena, while Miguel Angel Revilla, head of the local Cantabria government, said the region would observe three days of official mourning.

    Ballesteros had been recuperating at his home in northern Spain after a series of operations since being diagnosed with two malignant brain tumours in 2008.

    His condition worsened on Wednesday, at which point he was admitted to hospital; rumours had swept Spain last week that Ballesteros's situation had taken a rapid downturn. On Friday, Ballesteros was under heavy sedation and his family released a statement confirming his situation had deteriorated.

    In an unfortunate coincidence, the Spanish Open – the last competition Ballesteros won as a professional in 1995 – is currently taking place in Barcelona. José María Olazábal, the golfer closest to Ballesteros and inspired by him since childhood, was too emotional to speak to the media in the aftermath of his Friday round in Barcelona. "I can't talk," Olazábal said. "I can only wait, and cry."

    Another Spanish golfer and Olazábal's playing partner, Miguel Angel Jiménez, was in tears upon completion of his second round. Olazábal, Europe's Ryder Cup captain, recently stated his dream that Ballesteros could be alongside him for the meeting with the United States in Chicago next autumn. The pair met a fortnight ago, at which point Ballesteros was in a wheelchair.

    Olazábal's manager, Sergio Gómez, reported that Ballesteros's daughter had passed on details of her father's condition on Thursday. "Seve's physical condition was not good when José María went to see him, but they talked about golf and everything," Gómez said. "Then came the call yesterday to tell him that Seve was in a critical condition."

    Ballesteros's illness initially came to light after he collapsed at Madrid airport in October 2008; during the intervening period, he has rarely been seen in public. Since his first surgery, which lasted 12 hours, he has undergone almost continuous chemotherapy and radiotherapy. In 2009, after his fourth chemotherapy course, Ballesteros labelled it "a miracle" he was still alive.

    In 2010, during his last television interview with the BBC, Ballesteros spoke of fighting cancer. "You can't have it all in life," he said. "One day you feel fantastic, the next you never know what is going to happen. You just take a look at how many days of glory I had before. It has been a fantastic life and this, what has happened to me, is what I will call destiny; one test that God is putting on me."

    Ballesteros, who retired from professional golf in 2007, was earlier regarded as a pioneer for the European game overseas. He had turned professional at the age of 16, in 1974, finishing second to Jack Nicklaus in the Open at Birkdale only two years later.

    He was the first from this continent to claim a Masters title, in 1980, a feat he repeated at Augusta three years later. Ballesteros was the winner of the Open in 1979, 1984 and 1988. Besides winning a total of 87 titles in his career, Ballesteros played in eight Ryder Cups, claiming 20 points from 37 matches. He also captained a successful European team, fittingly on his home soil in Valderrama, 14 years ago.

    Ballesteros had not been deemed well enough to make a planned trip to St Andrews to say a farewell to British fans at the time of last year's Open. At the Masters last month, Phil Mickelson dedicated a Spanish-themed champions' dinner to the absent Ballesteros, the man he credits with his own decision to start playing golf.

    Newscribe : get free news in real time


    Fierce commitment and uncharted brilliance

    By James Lawton - The Independent

    Ballesteros's death was more than the end of a great sports career

    Seve Ballesteros, pictured in 1976
    Seve Ballesteros, pictured in 1976

    The great matador Manuel Benitez announced to his young sister that he would dress her in the finest clothes – or in mourning. His compatriot Seve Ballesteros never made such a declaration. It wouldn't have been appropriate on the lips of a golfer, because when Seve was young the game he embraced as if it was life itself made no great call on Spanish emotions.
    Last night, though, we could measure the extent of his achievement because much of his country, and the wide world of sport, were indeed in the deepest mourning.

    There were times when the golf of Ballesteros was almost incidental. The passion and the grace and the burning eyes and the windswept hair and the noble head and the wild, fist-pumping self-belief were what commanded the attention of his people as much as the superb anarchy of his play, and they sent a great charge through a game that had never known such fierce commitment and uncharted brilliance.

    Ballesteros's death, which came after a typically brave and stoic reaction to the crushing news of a cancerous brain tumour, was more than the end of a great sports career. It was the last sigh of a man who brought a flamenco snap to everything he did, whose life of 54 years was perhaps not so cruelly compressed as it might have seemed at the first news that he had gone. Not, at least, for anyone who had seen the poignant truth that when Ballesteros could no longer play golf as masterfully as a god and, sometimes, as impishly as a street urchin, a central part of his existence had disappeared.

    Ballesteros at times hinted as much. His obsession with golf, a game far from the heart of most young Spaniards, was nurtured by the evidence that it could provide a boy of humble stock with a good living, something far above the expectations of his father, who worked on the land around the Real Golf Club of Pedrena on the Gulf of Santander.

    Severiano's uncle Ramon Sota was professional champion of Spain four times and once finished sixth at the US Masters, a title his nephew would win twice in a blaze of virtuosity. The boy could see the most desirable of lives and he pursued the ambition as single-mindedly as the torero Benitez, better known as El Cordobes. But there was a price, one he acknowledged in the wake of his failed marriage to Carmen, the mother of his three children, and later the death in a car crash of his girlfriend.

    Ballesteros saw more clearly than ever before that when he embraced golf, playing in the moonlight on a course banned to caddies but for one day of the year, he had immersed himself in a game which had brought him unimagined fame and wealth but one that also, when it withdrew its favours, and was no longer susceptible to his fierce will, had left him with a hollow place in the pit of his stomach – and a sometimes almost unbearable pain in his back.

    El Cordobes had played with the bulls in the Andalucian breeding fields in the night, a gypsy boy, impertinent and impatient, and Ballesteros fashioned his game, almost completely self-taught, on the forbidden course and then on the neighbouring beach. The bullfighter risked his life; the golfer placed his in a tunnel from which in the end there was really no escape.

    That was the truth which, at least in the view of so many of his warmest admirers, haunted the corridors of the La Paz hospital in Madrid, before he died surrounded by his family at his home in Pedrena.

    Life isn't a game, of course, but the tragedy behind the glory of Seve Ballesteros was that sometimes he plainly found it hard to distinguish between the two. He wept unashamedly in defeat and was distraught when he finished second as a 19-year-old at the Open at Royal Birkdale in 1976. Ballesteros always lived in the moment, and if such anguish was hard to understand after he had been beaten only by the superstar American Johnny Miller, and tied with Jack Nicklaus, it was soon enough widely understood that the thin, intense youth played only to win. It wasn't considered an ambition; it was a birthright.

    He won three Opens along with his Masters titles, and each time he won a major he seemed to journey a little deeper into the improbable, even the surreal.

    When he won his first Open, the American Hale Irwin sneered that the Claret Jug had gone to the "car-park" champion, a wild hitter who had had to retrieve his ball from under a car. Ballesteros smouldered and went on to dazzle the world.

    Before the range of his genius began to ebb, irretrievably, he was able to produce one last great expression of it. It was in his final major triumph at Lytham in 1988. He overwhelmed the tough and gifted pro Nick Price with golf that was filled with all of his nerve and invention and a touch that was rarely less than exquisite. For his last round he wore a blue sweater, and the banner headline was inevitable: Rhapsody in Blue.

    But then if Seve Ballesteros was in some ways a rhapsody that turned into a lament, his meaning was never threatened, not even when his life rushed away these last few days.
    When he received the grim diagnosis, he thanked all his admirers for their messages of support and said he would fight with as much courage and serenity as it was possible to muster. Serenity was something that had been denied him for some time, even to the extent that reports of an attempted suicide were not lightly dismissed.

    But then if it was true that in his last days Seve Ballesteros found a degree of that elusive serenity, it may have had something to do with the fact that finally he understood quite how he was valued by the galleries he had fought so hard, and sometimes so desperately, to please. There was a time when he seemed to believe that everything he had achieved was finely balanced on the brilliance of his next shot. Of course it wasn't. Few sportsmen on earth had less reason to worry about the meaning of what they had done – and how much they would always be loved.

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