Fengshui: How the Water Snake year will be?

THE new energies of the Year of the Water Snake slithered in at 12.15am on Feb 4, replacing the tumultous zeal of the Water Dragon.

Will the year be better? More importantly, are there wealth opportunities and will the tides of change bring about better developments?

Joey Yap, the founder, CEO and master trainer of the Mastery Academy of Chinese Metaphysics says that globally, problems will not dissolve in 2013. In fact, it will be prolonged to 2014.

“When we look at the Bazi chart for the Water Snake year, the prominent elements this year are wood, metal and fire. There is especially a lot of wood, which is likened to a big tree.

“The wood is like a small knife. Hence the year is defined as a small knife cutting a big tree,” says Yap.

As the Water Snake will continue to see a lot of volatility, Yap says the strategy of investment should be skewed towards trading. Hence, do not be so defensive and start investing!

Unlike most people who are not calling outright buys on Malaysia, Yap is especially positive about Malaysia's prospects, and sees the country doing relatively well compared with other countries.

“Malaysia has the presence of the growth star, so I feel Malaysia is actually going to do better despite what everyone says. People are willing to take more risk in Malaysia and Singapore. You will be surprised. Malaysia will be better this year than last.

Yap: ‘Despite the fears people have about the stability situation here, investments into the country will continue to pour in.’
 
He adds that for Malaysia, the wealth stars appears in April, July and October. There will be a total of four wealth stars this year. During this period, there will be an influx of wealth and business. Hence for Malaysia, Yap also favours the second half of the year compared with the first half of the year.

Furthermore, a very pleasant development is that money flows out of China, and comes into Malaysia! With Star 3, which is the Fighting Star governing China, people will be moving their money out of China into Thailand, Vietnam, Malaysia, Singapore and its ultimate destination, Australia.

Kenny Hoo, founder and chief researcher of Good Feng Shui Geomantic Research says that the Year of The Water Snake is the year of correction. It is signified by changes, be it new policies, new systems and new guidelines. He says people may feel uncomfortable because they will not be able to do things the same old way. It can be painful even.

“In Malaysia especially, the first half will be marked by transition. There will be uncertainty, there be repackaging and restructuring.

“We will see new products and new services coming onstream. After July, we can expect to see major improvement, whether it's in the economy and the stockmarket. In fact, the uptrend may be rather exponential,” says Hoo.

Meanwhile, Asian brokerage and investment group CLSA Asia-Pacific Markets earlier this week launched its 19th annual CLSA Feng Shui Index, which is a tongue-in-cheek look at what the celestial signs suggests is in store for stock market indexes, key sectors and each of the 12 Chinese zodiac signs during this Year of the Black Water Snake.

Based on the Fengshui index, it would appear that equity markets perform better in the first half, and experience more volatile trade in the second half. Overall, the index will finish on positive territory by year end. The big drop in the market is likely to happen in the August to September period.


The United States

So what does the analogy of the small knife cutting the big tree mean, especially for the United States, the world's biggest economy?

Hoo: ‘After July, we can expect to see major improvement, whether it’s in the economy and the stockmarket.’

“In America, it has a debt problem. It is unable to settle this debt. The wood element is wealth. So the abundance of wood represents that it cannot control money. When wealth is too strong and the self is weak, this means you cannot control your wealth.

“So it is like a rich house with a poor person. That is the image of how America looks like. It is a rich country but the people are poor,” says Yap.

He points out that Star 7, which is the star of injury, bloodshed and fights is present in the United States this year.

“So the US will be mired in shootings and security issues. Security becomes a major problem in the United States. That affects business negatively. Star 7 is also a star of fear.

People in America are afraid of spending. So they stop spending their money, meaning the economy is not going to move, it's going to contract. In America, they may be talking about boosting this and that, but it's all talk and no action,” says Yap.

Nonetheless, the fortunes of America will not be uniformly in the doldrums as Star 7 is a metal star which runs all the way until July before its energies start to dissipate.

“So you will feel the effects in the first half of the year, but it gets better until the November period. Then the energies will come back in the beginning of 2014,” says Yap.

So the United States will think it is recovering, but later on discover that the small knife cannot cut a big tree, so this illusion of a recovery disperses. Hence they become disillusioned,” feels Yap.

In the United States, it is an issue of people losing confidence in their politicians. They do not see light at the end of the tunnel.

Hoo also feels that America will not see much progress.

China

As the opposite of the West is the East, the opposite of the United States is China. When the United States is not doing well, China will do well.

In China, there is Star 3, which represents growth. The problem with Star 3 is that it is a Fighting Star. There is fight for power.

The problem in China is about who is in control. There is a lot of corruption. Star 3 is also a star of corruption.

There will be a lot of scandals, with people in power losing their grip, parties being divided two to three-folds,” says Yap.

Yap adds that the 3 Killings Star is also present in China. With Star 3 being a wood star, and wood-based industries include manufacturing and production, manufacturing will slow down. Thus the picture painted is the 3 Killings Star killing Star 3.

“It's like throwing strong cyanide down to the plants. So growth will slow down in China,” says Yap.

Europe

Now, in the middle of China and the United States is the Middle East and Europe. This area is governed by Star 5. Star 5 is a star of change and renewal. Picture the entrance of a new king.

Yap foresees Europe continuing to remain on a standstill with no improvement. Everyone continues to look inward.

“Hence wars in the Middle East get worse. There will also be a dose of natural disasters. People will be divided. This poison will spread to Europe, and hence there will be change,”

“Germany has been the one which has been in power, but it is now losing its grip. It will affect its stability. The 5 Yellow star is present in the entire eurozone area. This star does not represent growth.

He says Germany is focusing very much on its internal issues. Correcting its own scandals, throwing out the rubbish. “They are looking inward this year.”

Meanwhile, in France, it is governed by the Horse animal sign.

“This year, the Horse has nobility stars. Thus despite all its issues, it will get its act together. The tides turn to its favour.

Malaysia

With all the bad stars roiling across the major economies, is there any bright spot at all?

Yes, and fortunately for us, it is right here in SouthEast Asia!

“South-East Asia is governed by Star 4, which is a star of growth. Star 4's wood element is able to control and counter the 5 Yellow earth star. Furthermore, Malaysia is born in the Year of The Rooster. The combination of the Rooster with the Snake year is a good one. So as a comparison to the whole world, South-East Asia is doing well, and Malaysia will grow,” says Yap.

“We are in a region where there is a growth star. Despite us having the small knife cutting the big tree. We don't have big problems. So people will turn to South-East Asia for manufacturing or business prospects. Despite the fears people have about the stability situation here, investments into the country will continue to pour in. China will be bringing more money here,” says Yap.

Hoo agrees. He says that southern countries do well.

“There will be clashes in the first six months, but things get a lot more smoother and stable in the second half.
Hence my strategy will be for investors to start accumulating now and sell during the second half,” says Hoo.

Zeroing in on Malaysia, Yap says the Malaysian Bazi chart has the animal signs of Monkey, Rooster and Boar, which spells a positive start for the snake.

As Malaysia has a Wood Day Master, this shows that wood-based industries will do well. Wood-based industries include the timber, furniture, healthcare, medicine, herbs and anything which has anything to do with improving health. Hence the sports sector will also do well. Education, speaking, teaching and training sectors will also do well.

The other element that is expected to do relatively well this year is the Fire element.

For Malaysia though, the fire is rather muted. In Malaysia, the fire sector includes sectors such as oil and gas, palm oil and the airlines. He does, however, foresee a challenging time for airlines.

Hoo says that the fire sectors such as telecommunications, oil and gas and electronics will be facing new competition and new guidelines.

As for the property sector, which is defined by earth, there is no clash with the other elements. Growth is, however, slow, as the earth element is not in abundance this year.

“So you will need to look at the developers and property launches. If they are launching their ready product this year to be sold, it won't be too good. If they are launching their products this year to be sold in the next few years, then it is ok. Property is still a good long-term bet,” says Yap.

Thus, Yap will not advise investors to buy properties for flipping purposes. Buying for long-term investments or for cashflow will yield much better rewards.

On this note, Yap especially sees potential in commercial properties based on the formation of the water elements surrounding earth in the Bazi chart.

“Commercial properties will be snapped up fast as compared with residential properties. Earth is property. Earth controlling water is equal to money,” says Yap.

The growth star is also slowly moving towards Rawang. That will eventually be the growth property hub for Malaysia.

For this year though, the hot spots for property are north and south, which is Penang and Johor.

The Klang Valley is afflicted by the 5 Yellow star this year. While 5 Yellow does not represent growth, it is always a change for the better.

Thus for long-term purposes, Yap advocates buying property in the Klang Valley.

Meanwhile, Yap sees the banking sector being weaker this year. This is because there is too much wood element this year. This wood represents a lot of money, however, there are no takers. The question to ask is why are the banks not lending?

“The earth element is there. There is too much regulation, stopping the banks from doing business. It is like when you want to do something, and your mum is stopping you and giving you warnings. This is what happening in the banking industry. Too much earth producing metal, is like too much advice that is not necessary and will not yield an efficient result.”

By TEE LIN SAY linsay@thestar.com.my

CLSA: Better year ahead



WHILE the past five snake years have not particularly been great, this year is envisaged to be better, according to one Asian brokerage and investment group.

CLSA Asia-Pacific Markets launched earlier this week its 19th annual CLSA Feng Shui Index a tongue-in-cheek look at what the celestial signs suggest is in store for Hong Kong's Hang Seng Index, key sectors and markets, world leaders and celebrities, and each of the 12 Chinese zodiac signs during this Year of the Black Water Snake.

According to CLSA, the past five Snake years back to the Water Snake of 1953 were not encouraging.

“However, there are signs that this year's beast will be better behaved: All five of the basic elements or energies are present in the fortune charts (including the market-driver Fire!); and the annual Flying Star energies all return to their “home” sectors for the first time in nine years,” it says in a statement.

CLSA points out that in only one year did markets end the year convincingly above their opening and the size of the drops of the most recent three has been growing ever worse.

As befits “skin-shedders”, Snake years are marked by major transformation and change and sometimes great upheaval: Pearl Harbour (1941), Twin Towers (2001), Tiananmen (1989), Fall of the Wall (1989), Great Depression (1929), recessions (1953, 2001), revolutions (1917, 1989), and major conflicts (1941, 1965), it says.

Meanwhile, at a press conference in Hong Kong, Mariana Kou, a CLSA research analyst and self-proclaimed feng shui master, says the Water Snake year will see the Hong Kong's stock market perform better compared to last year.

“We see a resource-led slow burn run-up for the Hang Seng Index from the second quarter. As it builds, risk flicks on', resulting in the second half being more volatile, but there are opportunities,” Kou was quoted as saying in China Daily.

The paper reported her as saying that the first-half rally will come to a sudden end in August, which seems to be “double trouble” because the crucial Fire element dies away in the month, Earth falls, Metal overshoots and Water puts a dampener on prospects.

In terms of sectors, CLSA expects the best performances from those traditionally associated with Metal such as broking and financials and also Water like gaming and logistics.

As for the zodiac signs, Roosters, Cows and Dogs look set to be this year's “grinners”, whereas Pigs, Tigers, Sheep and Snakes may need all the pluck they can muster.

CLSA's prediction for the 12 animal signs

Tiger
It may well feel like a jungle out there this year for you Striped Types, what with all the snipes, gripes and swipes. To get you through, take your cue from the Fab Four over the Stones and Let It Be. (You can always Let It Bleed later). And read the fineprint. As the chef said to the young apprentice with a sniff: This stew's well past.'

Rabbit
Amid machinations infernal, hop springs eternal - and with good cause in your case, Bunnies. The outlook may not be quite 24-carrot just yet, but it's still leaps and bounds ahead of what you've been catching of late. And there'll be high-fiving all round when the hooves of next year's fiery Horse hit the horizon.

Dragon
The good news? Your fortune's far flasher than it was for last year. The bad news? That's probably not saying a lot, eh? We jest. Well, jest a bit. A fascinating thing, relativity - all the more so if you've got the foggiest notion of the theory behind it. Best left to the Einsteins, no doubt. Quark, strangeness and charm indeed.

Snake
It just doesn't seem right, eh? It's your year, but instead of three cheers you're more likely to cop one over the ear. It's just the feng shui of the world. So moan on your own or take it in your slide. Think of it as a great opportunity to test your mettle. And, as the doctor said to the boy who'd swallowed another marble: This too shall pass.'

Horse
Whoa! What's not to like? It's no laydown whinny-winner, but there's neigh point in looking about for trouble. Besides which, a mirror will soon show what's most likely to trip you up this year. Don't be an ass! Reload that ever-reliable Horse sense, get your head in the right place and see how easily “ordinary” becomes “oat-standing”.

Sheep
Jeepers Sheepsters, we feel your pain', as Big Bill was wont to coo in that way that you almost believed him. Being dogged by seven surly stars is no fun. But banish the bleatin' and you'll soon have the fleas beaten. And as the teacher said encouragingly to the boy struggling to unravel an unruly sentence: This too shall parse.'

Monkey
From where we're standing, it doesn't look as if it would take much to nudge that “ssso-so” up into “Sweet Street” territory or even higher up da vine. Sure, you've got seven ssso-and-ssso skunks to keep an eye on, but just look at the names who've got your back! Get your tail into gear, and razzle-dazzle with the old Monkey magic.

Rooster
As Family Guy's Peter Griffin would put it (ad nauseam): Bb- b-bird, bird, bird, b-bird's the word . . . ' You Roosters surely must be getting sick of this chicken run of spanking good luck you've been having? Wouldn't like to toss a few crumbs our way? Oh well, never mind. Now, what is it they make feather-dusters from . .
 .
Dog
Talk about a turnaround story! If only we could have bought lots of lots of you lot last year, when you were totally out in the dog house and on the cold, wet nose. Now you're baaark! And you're practically leader of the zodiac pack. Howl lovely to see. Suddenly, Iggy Pop almost makes sense: I just wanna be your dawwg . . . ' Woof!

Pig
It's more than a boar knowing some unseen, all-powerful presence is tracking your every move - and that's just Google. You poor Porkers have the Tai Sui on your tails as well. Snout to do but your best: Stuck pigs squeal and quit; stoic pigs deal with it. As the dentist said to the boy with the makings of an abcess. This tooth shall pus.'

Rat
Leaving aside the caveat of the best-laid plans' and all that, your fortune is looking well on the bright side of “average” - indeed within a whisker of “wonderful” for many, especially Water Rats. That said (and twitch his own of course), use the old Mouse nous and go easy on the squeaks and squeals of delight. Gets up a few noses.

Cow
How's “wow” sound, Cows? That's the word for the Herd once the Snake's on the make. Content is king, as a bullish Bill Gates argued, and there should be few more contented than you mob come the close, given the crme de la crme outlook. No call for grabbing bulls by horns - simply take the year by the ears and life as it comes

Japan's smear campaign, trade bards with China over radar incident near disputed isles

Beijing accused Tokyo Thursday of mounting a smear campaign after Japan said a Chinese frigate had locked its weapons-targeting radar on a Japanese warship in a “threat of force.”

 Japan Maritime Self-Defense Force destroyer Yuudachi is seen in this undated handout photo released by Japan Maritime Self-Defense Force and obtained by Reuters on February 5, 2013. A Chinese vessel pointed a type of radar normally used to help guide missiles at a Japanese navy ship near disputed East China Sea islets, prompting the Japanese government to lodge a protest with China. Image by: HANDOUT / REUTERS

The world’s second- and third-largest economies are at loggerheads over uninhabited Japanese-controlled islands in the East China Sea, known as Senkaku in Tokyo and Diaoyu by Beijing, which claims them.

The radar incident, which Japan said happened last week, marked the first time the two nations’ navies have locked horns in a dispute that has some commentators warning about a possible armed conflict.

Asked to respond to Japanese Defense Minister Itsunori Onodera’s description of the radar targeting as a “threat of force”, Beijing foreign ministry spokeswoman Hua Chunying said: “Recently Japan has been hyping up crisis and deliberately creating tension to smear China’s image.

“This move is counter to the improvement of relations,” she told a regular briefing.

“The current problem is not China being assertive but about Japanese ships’ and airplanes’ repeated illegal activities in the airspace and waters of the Diaoyu islands, which undermine China’s territorial sovereignty.”

The long-running row over the islands intensified in September when Tokyo nationalised part of the chain, triggering fury in Beijing and huge anti-Japan demonstrations across China.

Beijing has repeatedly sent ships and aircraft near the islands and both sides have scrambled fighter jets, though there have been no clashes.

Play Video

The Chinese Defense Ministry has denied that a Chinese navy vessel aimed weapon-targeting radar at a Japanese navy ship in the East China Sea. It’s also called on Japan to stop violating China’s territorial sovereignty.



The Ministry says the vessel was conducting normal training on January 30th, when it detected a Japanese naval ship following it. The Chinese vessel used normal radar to monitor, contrary to Japanese claims.

The Chinese Foreign Ministry also says Japan is provoking tension over the Diaoyu islands by intentionally stirring up a crisis. It says Japan is continuously sending its ships and aircraft into the waters and airspace around the Diaoyu Islands to carry out illegal activities.

China and Japan engaged on Friday in a fresh round of invective over military movements near a disputed group of uninhabited islands, fueling tensions that for months have bedevilled relations between the two major Asian powers.

China’s defense ministry rejected a Japanese allegation that a naval vessel had aimed a weapons-targeting radar at a Japanese military ship in the East China Sea, its first comment on the week-old incident. It said Japan’s intrusive tracking of Chinese vessels was the “root cause” of the renewed tension.

A Japanese official on Friday dismissed the Chinese explanation for the Jan 30 incident. He said Beijing’s actions could precipitate a dangerous situation in waters around the islets, known as Diaoyu in China and Senkaku in Japan, believed to be rich in oil and gas.

China’s defense ministry, in a faxed statement issued late on Thursday, said Japan’s remarks “do not match the facts”. The Chinese ship’s radar, it said, had maintained regular alerting operations and “did not use fire control radar.”

The ministry said the Chinese ship was tracked by a Japanese destroyer during routine training exercises. Fire control radar pinpoints the location of a target for missiles or shells and its use can be considered a step short of actual firing.

Japan, it said, had recently “made irresponsible remarks that hyped up the so-called ‘China threat’, recklessly created tension and misled international public opinion.

“In recent years, Japanese warships and airplanes have often conducted long periods of close-range tracking and surveillance of China’s naval ships and airplanes. This is the root cause of air and maritime security issues between China and Japan.”

In Tokyo, Japan’s Chief Cabinet Secretary Yoshihide Suga told a news conference on Friday: “We cannot accept China’s explanation.”

Japan’s allegations, he said, had been “a result of our defense ministry’s careful and detailed analysis. We urge China to take sincere measures to prevent dangerous actions which could cause a contingency situation.”

Defense Minister Itsunori Onodera said this week that the incident could have become very dangerous very quickly, and that use of the radar could be seen as a threat of military force under U.N. rules.

Hopes have been rising in recent weeks for a thaw in ties after months of tension, sparked, in part, by Japan’s nationalisation of three of the privately owned islets last September.

Fears that encounters between aircraft and ships could degenerate into an accidental clash have given impetus to efforts to improve links, including a possible summit between Abe and Chinese leader Xi Jinping, who takes over as head of state in March.

China’s premier-in-waiting Li Keqiang, meanwhile, urged marine surveillance staff on Thursday to intensify law enforcement in China’s sea territories, according to the official Xinhua news agency.

“Supervising and governing seas under the jurisdiction of China is the main responsibility of Chinese marine surveillance staff,” Li, who is expected to take over as China’s premier next month, was quoted as saying.

It is believed the island chain—which is also claimed by Taiwan (a province of China)

Sources: AFP/Japan Todayh/Reauters/CCTV

Related posts:

Would the 3 Japanese wise men invited by China help ties with Japan?

Who owns Diaoyu Islands?

Would the 3 Japanese wise men invited by China help ties with Japan?

SINCE last month, tensions over the disputed islands in the East China Sea, known as Diaoyu to China and Senkaku to Japan, have noticeably declined, largely as a result of conciliatory words and actions by Japanese political figures visiting China.

The first was by Yukio Hatoyama of the opposition Democratic Party of Japan, who was prime minister in 2009-2010 and who had advocated closer ties with China while in office. Hatoyama took issue with Japan's position of denying that there was a territorial dispute, saying "if you look at history, there is a dispute".

The former leader also visited a memorial in Nanjing honouring those who were killed in 1937 and apologised for "the crimes that Japanese soldiers committed during wartime".

Hatoyama's visit was widely publicised in the Chinese media, which published pictures of him and his wife at the Nanjing Massacre Memorial bowing in silent tribute to the dead.

The normally nationalistic Chinese newspaper Global Times declared editorially: "Hatoyama's words and deeds these days show that in spite of the tough environment, forces which are friendly to China have not disappeared."

Shortly after Hatoyama's departure from China, Natsuo Yamaguchi, leader of the New Komeito Party -- a coalition partner of the ruling Liberal Democratic Party -- arrived in China, carrying with him a letter from Prime Minister Shinzo Abe for Xi Jinping, the new leader of the Communist Party of China.

Yamaguchi was received by Xi on Jan 25, and, aside from passing over the letter from the prime minister, he also suggested that the territorial dispute be shelved for now and to let future generations deal with the issue.

Xi no doubt knew that the Japanese politician was paraphrasing the late Chinese leader Deng Xiaoping who, while visiting Tokyo in 1978, famously said, "Our generation is not wise enough to find common language on this question. Our next generation will certainly be wiser. They will certainly find a solution acceptable to all."

Alas, no solution is yet in sight and the best policy is to put the dispute back on the shelf.

Yamaguchi also suggested a summit meeting between Abe and Xi, and the Chinese leader responded that he would consider it seriously if there was a "proper environment".

Xi also said that China wanted to promote a "strategic relationship of mutual benefit" with Japan.

Soon, a third influential Japanese political figure arrived, another former prime minister, Tomiichi Murayama, whose visit, like the other two, contributed to the establishment of an improved environment.

It was Murayama who, while in power, issued an apology on historical issues that was widely hailed in Asia.

The visits by these three Japanese figures have contributed to a lowering of tensions, making it possible to envisage a thaw in China-Japan relations.

What is significant is that these three men were all invited by Beijing, which of course had a good idea of what they were likely to say and do. That is to say, without denigrating their contributions to the lessening of the impasse, the improved atmosphere of the last few weeks was largely the result of initiatives taken by China.

Japan, too, clearly wants to keep tensions low. Abe has now made it clear that he endorses the Murayama's statement, although there is still some talk of making a new statement "suitable to the 21st century". But there is unlikely to be any backtracking.

It is imperative at this stage that both Japan and China recognise the delicate political environment in the other's country. Each should rein in its own aggressive nationalistic forces.

It is also necessary for each side not to say or do anything that may be humiliating or embarrassing to the other side. Threatening to fire "warning shots", for example, is not helpful.

A lot of damage has been done to China-Japan relations. It will take time for the relationship to heal.

When Abe became prime minister for the first time in 2006, he went to China on his first overseas visit to mend relations damaged during the premiership of Junichiro Koizumi, who insisted on visiting the Yasukuni Shrine each year.

This led to a dramatic improvement in relations, with Premier Wen Jiabao making an "ice-melting" visit to Japan in 2007, followed by a presidential visit by Hu Jintao the following year.

Another China-Japan summit will be indispensable if ties are to be rebuilt.

This, however, cannot take place until the necessary groundwork has been laid. Both sides will have to work hard at this. And flexibility should be the watchword.

The row over the disputed islets, known as the Senkaku in Japan and the Diaoyu in China, are seen in this file handout photograph taken on a marine surveillance plane B-3837 on December 13, 2012, and provided by the State Oceanic Administration of People's Republic of China. A long-simmering row over the East China Sea islands, has noticeably declined, largely as a result of conciliatory words and actions by Japanese political figures visiting China. Reuters pic 

By Frank Ching New Straits Times

Related posts:

Who owns Diaoyu Islands? 

Japan stole Diaoyu Islands 

Japan's buying Diaoyu Islands provokes China to strike ... 

Japan's strategic offensive, from Diaoyu Islands to Nay ...
nisters visit Tokyo war shrine amid anger from China, S. Korea..

The Philippines broken ranks with Asean

HIGH STAKES: In its zeal to take on China's claims in the South China Sea, the Philippines has alienated itself
 

The official map of the Philippines labels the South China Sea as the West Philippine Sea and includes Sabah.

By  initiating an arbitral proceeding against China, the Philippines has upped the ante in the South China Sea. Manila says it is left with no choice but to take Beijing to arbitration after exhausting all remedies. However, many see Manila's action as a desperate act -- a publicity stunt to regain international prestige following the Scarborough Shoal fiasco in April last year.

Manila's request for an arbitral award opens up a can of worms, especially when its Regime of Islands claim (to the Kalayaan Islands and Scarborough Shoal) under its 2009 Baseline Law is contestable under international law.

Incidentally, its new official map that has renamed the South China Sea as the West Philippines Sea has re-incorporated Sabah, which is sure to reopen old wounds.

People who live in glasshouses should not throw stones, as they will expose not only the throwers' hypocrisy but also vulnerability.

No one doubts that Manila is fed-up with Beijing's intransigence. Lately, the Philippines has mounted diplomatic and political offensives in the South China Sea in a hope to get the United States and the international community to sanction China. Unfortunately, following a rebuff by Washington, the offensive failed to undermine China, the Goliath who was close to former president Gloria Arroyo, now under house arrest.

As a domestic political agenda, Manila's unilateral legal proceeding is likely to be futile again. Its success record in international arbitration has been dismal. For example in 1927, the US, acting on behalf of Manila, failed to convince judge Max Huber that the island of Palmas belonged to the Philippines. The judge awarded the ownership of the island (now known as Miangas) to Indonesia, although the island is within the 1898 Treaty of Paris Limits.

In October 2001, the Philippines sought permission to intervene as a non- party in the case involving the sovereignty of Pulau Ligitan and Pulau Sipadan. the International Court of Justice (ICJ) rejected (14 to 1) the request.

China, the world's second largest economy and a permanent member of the United Nations Security Council, has said no to arbitration proceedings. Without its consent, it is unlikely for the tribunal to act; furthermore, the tribunal may lack jurisdiction to hear the case.

Manila has insinuated that Beijing can no longer hide behind its declarations under Article 298 of the UN Convention on the Law of the Sea (UNCLOS). In 2006, China declared, "it does not accept any of the procedures provided in Section 2 of Part XV of United Nations Convention on the Law of the Sea with respect of all categories of disputes...", including sovereignty issues.

Manila says this proceeding against China is not over sovereignty. Yet, the notification statement implies the contrary.

Manila wants the proposed tribunal to determine the legality of China's nine-dash line of 1948 and to determine the legal status of 10 features that China has occupied in the South China Sea (mainly in the Spratlys) as either "islands or rocks". These issues are jurisdictional in nature. The nine-dash line relates to jurisdictional and sovereignty issues.

The Philippines brings the case to the tribunal under UNCLOS. Those familiar with jurisdictional claims in the South China Sea are aware of the nine-dash line, published in 1948. This means the line has preceded UNCLOS by thirty-four years; UNCLOS came into force in 1996.

The only way for UNCLOS to have jurisdiction over the case is to give it a retrospective power, which arguably constitutes an abuse of rights and goes against the legal principle of good faith (Article 300 of UNCLOS).

The unfortunate omission of the applicable law under Article 38 of the ICJ Statute in the notification statement has significantly weakened Manila's position.

I also find it puzzling for Manila to ask the tribunal to "require China to bring its domestic legislation into conformity with its obligations under UNCLOS".

On the diplomatic front, Manila has garnered zero support from the claimant parties.

Their silence results possibly from disagreement with the manner the Philippines handled a vital matter in the light of Statement on Asean's Six Point Principles on the South China Sea of July 20 last year.

Moreover, Manila's objection in May 2009 to the Joint submission to the UN Commission on the Limits of the Continental Shelf is still fresh in the minds of Hanoi and Kuala Lumpur.

Is Manila telling the world that it has broken ranks with Asean?

The way forward is not to break ranks but to mend fences with China.

by Dr BA Hamzah New Straits Times

Related posts/articles:

Philippines wants rearmed Japan to contain China 
Tensions in South China Sea: US won’t take sides...
Manila and ASEAN: Upping the ante on the South China Sea
Overhyping the South China Sea 

How much Any Pow be given in Chinese New Year?

A NETIZEN from Singapore has triggered a debate on the amount of ang pow one should give family members and friends, reported China Press.

The netizen said people should give between S$88 and S$288 (about RM211 to RM690) to their parents, and for their children they should give from S$50 (RM120) to S$188 (RM450).

The netizen suggested that they should give S$28 (RM67) to S$50 (RM120) to their nieces and nephews.

For children of a close friend, they could give ang pow worth between S$8 (RM19) and S$18 (RM46), it reported.

For other relatives and friends, they should give at least S$2 (RM4.80).

Some netizens said pegging a rate on ang pow went against the spirit of Chinese New Year as the gift of giving red packets should be from the heart.

However, some said the chart had given them an idea on the amount they should give to their family members and friends.

> Malaysian songbird Fish Leong said she planned to have a baby this year but urged the public not to pressure her, reported Sin Chew Daily.

“If there's good news, I will let you know,” she said, adding that she would celebrate Chinese New Year in Taiwan with her Taiwanese husband Tony Zhao's family.

Leong said she would come back to Malaysia to visit her family members only after Chinese New Year.

Leong married Zhao in 2010 and since then the media had been asking her about her plans to have a baby. 

- The Star/Asia News network

Beware of rogue lawyers in Malaysian legal system

They boast of connections with retired judges and being able to fix cases

KUALA LUMPUR: A group of lawyers is bringing disrepute to the Malaysian legal system with claims of being able to “fix” commercial cases.

They are known as the “Dream Team” in the circle of retired gentlemen judges because these lawyers “play ball” with their “coach”, a retired judge, to win big.

Among litigation lawyers, they are referred to as the “syndicate” or “cartel”.

Malaysian Bar president Lim Chee Wee confirmed their existence.

“We are aware of a syndicate of rogue lawyers who boast of mastering the art of influence and inducement outside the courtroom in addition to advocacy in the courtroom,” he said.  “Mercifully, it's a small group.”

He added that the commercial cases they boast of being able to influence include disputes over business contracts and family property and company disputes between shareholders and directors which usually involve millions of ringgit.

Lim, however, stressed: “The vast majority of judges and lawyers are honest, and it is only a few rotten apples who ruin the reputation of the rest.”

He was also doubtful about many of the claims they made, suggesting that “most of their boasts might be mere puffery to trick clients into paying more in legal fees”.

But for some years now, litigation lawyers have been indignant about “the cartel” and the connections they see between some retired judges and lawyers.

They say a retired judge acts as puppet master and a former court officer at times comes in as facilitator.

Litigation lawyers interviewed on the modus operandi of the syndicate gave these scenarios:


> A client contacts a retired judge who then gets in touch with a serving judge.

> While in office, the former court officer would arrange for access to certain judges.

> The former court officer takes advantage of the practice of registrars writing up case notes for appellate judges by suggesting how to skew them.

Asked what action the Bar Council had taken, Lim said it had told Tun Zaki Azmi when he was Chief Justice and his successor Tun Arifin Zakaria of reports that “a few judges received phone calls from retired judge(s) regarding pending cases, allegedly with a view to influencing their decision or grounds, and naturally these right-thinking judges found such approaches to be offensive.”

“The Chief Justices have taken action and I am not aware of any more similar incidents.”

Lim said he had also raised with the Chief Justice and President of the Court of Appeal the Bar's concern over reports that a few rogue lawyers may be influencing registrars who prepare case notes/briefs for appellate judges “with the view of having the contents lean in their favour”.

When contacted, a sitting judge said: “The solution is for all appellate judges to carefully read the written submissions of both counsel and not rely on the case notes.”

Lim said that following media coverage of corruption in the legal system, the council has been receiving information from Bar members and the public.

“We will review the information and if there is prima facie evidence, we will lodge a complaint with MACC (Malaysian Anti-Corruption Commission).”

Lim added: “We are also working closely with MACC to investigate corruption among lawyers who bribe officers/employees of clients to obtain legal work. This is perceived as a rampant practice at financial institutions.

“We hope that the Association of Banks Malaysia will consider assisting MACC on this.”

He urged anyone with any information on the who, what, when and where of corruption to write to president@malaysianbar.org.my or contact +603 2050 2013.

By SHAILA KOSHY koshy@thestar.com.my

Related posts:

 Violent lawyer' may face action

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

Missing girls found living with foreign boyfriends Nepalese faces charge

Sisters were found living with a Nepali believed to be one of the girls' boyfriend

Safe and sound: Poh Fong (left) and Poh Choo being escorted to south Klang police headquarters. 

KLANG: Two teenage girls who were reported missing last Wednesday have been found.

Police found Chen Poh Choo, 15, and her sister Poh Fong, 13, at about 2pm in Taman Sentosa, living with a Nepali believed to be the boyfriend of one of the girls.

South Klang OCPD Asst Comm Mohamed Mat Yusop said the girls had been sent to hospital to receive medical attention. “It is not known yet why the girls left their home.

“We have yet to investigate the foreigner. Let the police investigate and avoid listening to hearsay,” he said, adding that the girls had records of skipping school in the past.

The girls, who were present at the news conference, shook their head in refusal when ACP Mohamed asked if they wanted to go home.

He added that the girls would either be spending the night at the hospital or at a shelter. Reporters were barred from speaking to the girls.

Poh Choo and Poh Fong were reported missing at midnight on Thursday after they were last seen at noon on Wednesday before they walked to school from their house in Pandamaran Jaya.

Outside the station, the girls' father, Chen Fook Chai, said he had yet to see his daughters.

“The police told me my daughters have been found but I have not met them,” he said.

He admitted that his girls had disciplinary problems in the past but denied abusing them.

“They skipped school and had some disciplinary issues but nothing serious,” Chen said.

According to a source, the Nepali was detained by the police at 5pm yesterday.

The man, in his 20s, was believed to be living alone at a shoplot in Taman Sentosa for the past few months. His job is, however, unknown.

- By A. Ruban/The Star

Nepalese may face rape charge

KLANG: A 32-year-old Nepalese man who allegedly had sex with one of the sisters reported missing is being investigated for statutory rape.

South Klang OCPD Asst Comm Mohamed Mat Yusop said medical examinations revealed signs of penetration on the older sister.

“We believe the 15-year-old girl had sex within the time she disappeared last Thurs­day,” he told reporters here yesterday.

“We have since arrested the man, believed to be her boyfriend”.

ACP Mohamed said he was a general worker at a shopping outlet in Klang and would be remanded for two weeks.

He will be investigated under the Immigrations Act and for statutory rape.

Police found the missing girls at the Nepalese’s house in Taman Sentosa here at 2pm on Monday following a tip-off.

ACP Mohamed said investigations revealed that the girls had run away to be with their boyfriends.

When contacted, the girls’ father said they were getting impatient and wanted to see their daughters.

“I just want to know when I can see them again,” he said. “My wife waited at the hospital until 1am (on Monday) to meet them.”

Despite the latest revelations, he did not believe that they ran away to stay with their boyfriends, and wanted to know where they went.

In a separate case, ACP Mohamed said a gang of four men broke into the house of a 30-year-old IT officer in Bukit Jati and robbed the family of four at knife point.

“The gang members wore masks, gloves and had machetes,” he said, adding that they gained entry by cutting through the kitchen grille at 3.45am on Monday.

They made off with RM2,000 cash, RM7,000 worth of jewellery, four mobile phones, three watches and one laptop, he said.

“At 3.45pm the same day, a team of policemen arrested an Indonesian man in front of a money changer in Taman Sri Andalas. He is suspected to be part of the gang,” he said.

Police are looking for the other three men and believe they are responsible for seven other robberies in Banting and Klang.

By SHAUN HO shaunh@thestar.com.my

How to save when you’re broke?

Saving money is not impossible when you're in financial dire straits

SAVING money can be a tall order for a lot of people but it becomes near impossible when you're broke or financially challenged. Still, it's not a position you can't come out of.

Here are some simple steps to follow to help you save despite being broke.

Set up a budget plan

If you're broke and trying to save money, than it's best to come up with a budget plan, says Standard Financial Planner Sdn Bhd's Jeremy Tan.

“If you're broke, then you need to evaluate what you're doing wrong.

“Have a budget plan. Look at what assets you have? “Perhaps you could try liquidating some.

“But even before you're broke, you should have contingency or emergency funds,” he tells StarBizWeek.

Keep working

MyFP Services Sdn Bhd managing director Robert Foo believes that if a person is broke, it's imperative for one to continue working or seek a new form of employment - as soon as possible.

“If you have a job, then you should continue working.The experience that you already have would be invaluable.

And what happens if you've lost your job or unemployed? All is not lost, says Foo.

“Don't feel hopeless. You've got skills and should be able to have contacts that can help you find a new job.

“If you have a job and you feel it's unstable or that you might lose it, then you should ensure that your resume is with headhunters, to ensure your income position remains as stable as possible.”

Tan also points out that age can be a factor. “Of course if you're young, you'll be able to take on multi-tasking jobs. If you're old, then you might need to go easy on the job load,” he says.

Compare prices

Self-confessed shopaholic PS Tan says that when she's “a little bit behind on her credit card payments” and needs to cut down on her spending, she decides to be a little bit more “choosy” with her shopping.

“When I know I need to cut down on my spending, I go several hypermarts or supermarkets and compare prices first before eventually purchasing.

“Also, if I have been using items that were expensive, I just choose to buy ones that are cheaper.
Be open to new brands and products,” she says.

Eliminate costs

While trying to save, also try to rid yourself of whatever debts you have.

“If you're broke, ask yourself if you have debts or not? Find out how you can restructure them,” says Tan.

Tan meanwhile says now would also be a good time to evaluate and consider eliminating the unnecessary financial obligations that one can do without.

“If you have a gym membership for a gym that you've not been going to for a long time, or perhaps a year's subscription for a book or magazine you've been hardly reading, just cut it off.”

Live within your means

If you're broke, than you're going to need to need to change your lifestyle - immediately!

“If you're broke, then you're not going to be able to sustain the lifestyle you've been living.

“The fastest way to solve this is to cut down on your expenses,” says Foo.

He reiterates that one could find a part time job or even a second one to curb debts quickly.

Eric Lee (not his real name), a marketing executive who was laid off for six months, says he was forced to cut down on his lavish lifestyle when he had difficulty finding a job.

“I had to do a lot of things differently.

“My car got repossessed and I had to move out from where I was staying because I couldn't afford the rent.

“I moved in with my parents and also had to rely on public transport to go where ever I needed to, especially for job interviews.

“If I was lucky, sometimes I could drive my parents' cars.

“When I did get a job, I initially still had to live within my means as I was still unable to stand on my own feet. This meant taking home-cooked meals to work.

“Initially, I also had to use t-shirts from friends as I couldn't afford new ones.”

By EUGENE MAHALINGAM
eugenicz@thestar.com.

Related post:

Hubby and wife laying low — no thanks to debtor son