Australia is a secular country and the law of the state is fair, just and unprejudiced, and presumably all-encompassing and capable of taking care of interests of citizens and foreigners regardless of religions, cultures and political affiliations.
Common law originated in England and comprises statutes (legislation) and precedence of judge-made laws. Other than the moral basis of Christianity and Anglo-Saxon cultural tenets, the courts are given much flexibility interpret and adapt laws to new circumstances. It is progressive unlike certain static laws that are non-negotiable.
It is difficult to conceive how minorities in the country and the world could justify imposing their religious laws unless there is siginificant historical and social meaning, such as Aboriginal land rights.
The bizzare incident of a single crazy Muslim taking Sharia law into his own hands and defying the rules of the land has not found supporters even among majority of the educated moderate Muslim Australians nor the Islamic authorities.
While the originators of Sharia law expect the legal system to be taken in totality, it has been limited to family law in countries that have adopted some aspects of it. Since the ancient expectation of holistic application of Sharia is not feasible or realistic in the modern world, it is difficult to fathom how much Sharia could undermine the existing legal framework with the ground rule that where contradictions exist, the state laws prevail.
Moreover, the strong resistance from other conservative religious quarters who see any concession as capitulation would likely limit the influence of Sharia in years to come.
However, investor dollars are luring academics and governments to make compromises and exceptions. How the authorities could balance economic interests with fair protection and cultural chauvinism tendencies would be quite a challenge.
Laws are evolving. Civil law systems are learning from common law. The World Trade Organisation adopts a rule-based formula similar to civil law.
Intelligent and wise legislature and judicary probably matter more than mere prescriptions.
QUOTES
It's doubtful that sharia specifies the use of electrical cables in this sort of retribution, but that might not be the worst of it. Suggestions have emerged "from one local Auburn source" that the victim may have owed money to a number of people. If so, this could be a normal bit of roughing-up to speed the return of outstanding funds – not unknown in Australia or other common law countries as a method of settling debts.
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Clearly, the government is keen for Australia to dip into $1.6 trillion worth of Islamic investment.
As academics Ann Black and Kerrie Sadiq write in the University of NSW Law Journal, finance is part of "good sharia law", which has an emphasis on profit sharing instead of charging interest and excluding investment in things contrary to Islamic principles.
If we can made a quid out of adapting our principles to include Islamic methods of finance and investment, then sharia has a welcome place in our system.
On the other hand (a phrase with a special meaning in parts of the Muslim world) Black and Sadiq point to Islamic family law, such as the recognition of polygamy and Muslim divorce, which is regarded as "bad sharia law".
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The hudud punishments of hand severing, stoning to death and beating with cables are confined to a few countries, such as Saudi Arabia, Sudan and Iran. As far as we know there is no credible proposal that they be allowed to function in parallel with the Australian legal system, although you wonder when you see Australians screeching at accused persons as they are driven away in police vehicles.
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The vast majority of Muslim countries and Muslims have moved on from the middle ages. It was interesting to see a number of Islamic organisations condemn the alcohol-tippling/debt-recovery punishment. Sheikh Taj el-Din al Hilaly, of the Lakemba Mosque, said the attackers should be "assessed for a mental disorder" and those found guilty deported. Guilty of a mental disorder takes our law into uncharted waters, so maybe it's best to say no more about it.
In Britain there are close to 100 sharia tribunals that deal with matters such as domestic relations and inheritance, with appeals to the civil courts.
In Australia, law reform commissions have recommended that aspects of Aboriginal customary law be permitted to function alongside white man's law. The Law Council of Australia welcomes that and, indeed, it has been recognised in the Northern Territory.
Our system of laws is not immune from the the imprecations of Christian fundamentalism, either. For instance, the Reverend Fred Nile is forever trying to impose some sort of Christian sharia on his flock, the people of NSW. Maybe he should be allowed to have his own courts to impose special punishments on prostitutes, gays, and students who skive off from scripture classes.
http://www.smh.com.au/opinion/society-and-culture/why-good-sharia-is-championed-in-some-surprising-quarters-20110721-1hqy0.html#ixzz1SywuRirw
Saturday, July 23, 2011
Wednesday, July 6, 2011
Tiger Airways better exit Australia market but too early for Qantas to celebrate
Singapore Airlines has learnt the painful way that major investments must be closely monitored hands-on. It is bad news for budget travellers but safety issues should prevail for everyone's good.
The pathetic quality of service and business ethics (or the lack of it) that plague Tiger Airways are simply unheard of in recent time. It is like between the earth and sky from the image and league that SIA belongs.
Allowing autonomy could be very costly especially when the executives and management do not deliver sterling quality and great customer service. Read : Tony Davis. Tiger's image and brand name is as good as gone in Australia.
The only saving grace to cut losses from Tiger's exit of the Aussie market is an earlier alliance forged between SIA and Virgin that will hopefully help to make up for the business losses and opportunities to keep Qantas on its toes for the lucrative trans-Pacific route.
Quotes :
Singapore Airlines has always presented itself as an arm’s-length, passive investor in Tiger Airways. It would appear that is no longer the case. The grounding of Tiger’s Australian fleet until at least the end of this month has ignited a flurry of activity within the boardroom of its Singapore parent, culminating in the departure of its Australian chief executive, Crawford Rix, and the appointment of the parent company’s chief executive, Tony Davis, as the local CEO – presumably on the basis that he was responsible for the turmoil and therefore it is up to him to fix it.
Singapore Airlines, which holds just under 33 per cent of Tiger’s capital, and the Singapore government’s investment arm, Temasek Holdings, which controls about 7.5 per cent, would have been embarrassed and aggrieved at the mess Tiger has got itself into in Australia. It appears they have been spurred into taking aggressive action to wrest control of the boardroom and the situation. Apart from the financial and brand damage Tiger has experienced, Tiger’s inexplicable decision to defy the public warnings of Australian Competition and Consumer Commission chair Graeme Samuel and continue to take bookings, until it finally backed down under duress on Tuesday, would have caused consternation in Singapore, where defiance of government authorities isn’t usual.
Qantas, through its Jetstar brand, and Virgin Australia could also be expected to seek to put a lot of pressure on Tiger if it is allowed to resume services, in the knowledge that an already loss-making business will be even more vulnerable in its damaged state. Tiger is likely to need a lot of time and capital if it is to re-establish itself and become a viable competitor in this market. Tiger’s Asian operations are profitable and growing and it may make more sense for the reshaped board and senior management to abandon the Australian market and redeploy the ten planes in the local fleet elsewhere.
Tiger Airways faces a tough task in coming back from its month-long grounding, Virgin Group CEO Sir Richard Branson says.
The Civil Aviation Safety Authority (CASA) has decided to extend Tiger Airways Australia's initial week-long grounding, which had been due to end on Saturday, until August 1.
http://www.businessspectator.com.au/
Qantas should not be complacent and absorb some lessons from the Tiger episode. It is high time for bystanding "winning" airlines to take the cue and try to iron out its own internal technical, organisation, services and security lapses.
The pathetic quality of service and business ethics (or the lack of it) that plague Tiger Airways are simply unheard of in recent time. It is like between the earth and sky from the image and league that SIA belongs.
Allowing autonomy could be very costly especially when the executives and management do not deliver sterling quality and great customer service. Read : Tony Davis. Tiger's image and brand name is as good as gone in Australia.
The only saving grace to cut losses from Tiger's exit of the Aussie market is an earlier alliance forged between SIA and Virgin that will hopefully help to make up for the business losses and opportunities to keep Qantas on its toes for the lucrative trans-Pacific route.
Quotes :
Singapore Airlines has always presented itself as an arm’s-length, passive investor in Tiger Airways. It would appear that is no longer the case. The grounding of Tiger’s Australian fleet until at least the end of this month has ignited a flurry of activity within the boardroom of its Singapore parent, culminating in the departure of its Australian chief executive, Crawford Rix, and the appointment of the parent company’s chief executive, Tony Davis, as the local CEO – presumably on the basis that he was responsible for the turmoil and therefore it is up to him to fix it.
Singapore Airlines, which holds just under 33 per cent of Tiger’s capital, and the Singapore government’s investment arm, Temasek Holdings, which controls about 7.5 per cent, would have been embarrassed and aggrieved at the mess Tiger has got itself into in Australia. It appears they have been spurred into taking aggressive action to wrest control of the boardroom and the situation. Apart from the financial and brand damage Tiger has experienced, Tiger’s inexplicable decision to defy the public warnings of Australian Competition and Consumer Commission chair Graeme Samuel and continue to take bookings, until it finally backed down under duress on Tuesday, would have caused consternation in Singapore, where defiance of government authorities isn’t usual.
Qantas, through its Jetstar brand, and Virgin Australia could also be expected to seek to put a lot of pressure on Tiger if it is allowed to resume services, in the knowledge that an already loss-making business will be even more vulnerable in its damaged state. Tiger is likely to need a lot of time and capital if it is to re-establish itself and become a viable competitor in this market. Tiger’s Asian operations are profitable and growing and it may make more sense for the reshaped board and senior management to abandon the Australian market and redeploy the ten planes in the local fleet elsewhere.
Tiger Airways faces a tough task in coming back from its month-long grounding, Virgin Group CEO Sir Richard Branson says.
The Civil Aviation Safety Authority (CASA) has decided to extend Tiger Airways Australia's initial week-long grounding, which had been due to end on Saturday, until August 1.
http://www.businessspectator.com.au/
Qantas should not be complacent and absorb some lessons from the Tiger episode. It is high time for bystanding "winning" airlines to take the cue and try to iron out its own internal technical, organisation, services and security lapses.
Tuesday, July 5, 2011
The Ideal Australian official : incorruptible, uncorrupt - home and away - is this achievable
An interesting read in today's newspapers : an analysis of the fiasco invovling some former executives of Securency and Note Printing Australia (NPA) on bribery charges.
Companies can no longer afford to turn blind eye to bribery practices
Benny Tabalujan July 05, 2011
http://m.smh.com.au/business/companies-can-no-longer-afford-to-turn-blind-eye-to-bribery-practices-20110704-1gz2i.html
Companies can no longer afford to turn blind eye to bribery practices
Benny Tabalujan July 05, 2011
http://m.smh.com.au/business/companies-can-no-longer-afford-to-turn-blind-eye-to-bribery-practices-20110704-1gz2i.html
Well, it's all good and well on paper.
First off, the parameters of longstanding laws governing officials performing their duties are limited by territorial jurisdiction. Even though the ambit has been expanded to cover foreign activities, making officials potentially liable for criminal prosecution, it is difficult to enforce.
Australian government departments and boards do not have the resources to monitor, supervise, administer and enforce the best rules that have been put in place.
The officials' primary concern is to get the job done, clinch a deal, sometimes necessitate bending the rules and work according to local conditions. Inflexibility and failure to adapt to the international environment may result in Australia lagging behind and even losing out to its global competitors. As far as we know, these Securency officials did not personally pocket the funds.
FEW Australian would condone corrupt behaviour and defend the officials' misdeeds. It could also be argued that an Australian organisation's interests are undermined having to pay for the bribes. Moreover, once the rules are flouted, there is no guarantee that human beings will be tempted to bend backwards to please their counterparts. Where do we draw the line?
NSW Burqua Laws : covers security, religious sensitivity yet politically correct
Though NSW is credited for introducing clearer burqua laws, the legislation is long overdue. A controversial and sensitive topic, a prudent measure has finally cleared the air and tensions that constrained law enforcers and reassured the public.
NSW government's decision to force people, including Muslim women, to remove head coverings and helmet when asked by police is welcomed by many quarters, with the exception of some individual liberty and human rightis groups.
Quote : It follows the case of a Sydney woman who was acquitted of making a false accusation against a police officer because the judge ruled there was no way to confirm it was actually the woman due to the veil covering her face.
Unlike the intolerance and blanket rules agitated by conservative European politicians to ban religious cover, the NSW government has shown an objective and generic application of the laws that balances both ends of the spectrum. Politicians who play on emotions and whip up a frenzy are unlikely to go far and treading on a tight rope. NSW has got it right this instance.
Quote : Premier Barry O'Farrell has emphasised the change is not aimed at any specific religion or group, though he hopes it will prevent a repeat of Ms Matthews' case.
Even the Islamic Council is agreeable that safety and security issues should prevail in certain situations when the identity of the person who committed a crime or traffic offence must be verified against the ID photo.
Quote : The chairman of the state's Islamic Council, Khaled Sukkarieh, says a Muslim woman can reveal her face to a man for identification purposes.
"Islamically, for all Australians, irrespective of ethnicity or faith, shall respect and abide by the constitutional law of Australia. If this is handled in a sensible and a sensitive manner, there should be no issues whatsoever. ," Mr Sukkarieh said.
http://www.abc.net.au/news/stories/2011/07/05/3261038.htm
Some Arabs in progressive Jordan in fact see merits in discarding the traditional garbs that cover the face and body completely by women wearing the burqa and niqab especially when it constituted a security threat.
http://oneworldtalk.freeforums.org/abused-for-crime-the-veil-of-secrecy-t3276.html
NSW's unprecedented and no drama laws has prompted the West Australian government to act. Now that's something the First State could be proud about.
http://www.perthnow.com.au/news/western-australia/wa-to-consider-nsw-burqa-laws/story-e6frg13u-1226088006380
NSW government's decision to force people, including Muslim women, to remove head coverings and helmet when asked by police is welcomed by many quarters, with the exception of some individual liberty and human rightis groups.
Quote : It follows the case of a Sydney woman who was acquitted of making a false accusation against a police officer because the judge ruled there was no way to confirm it was actually the woman due to the veil covering her face.
Unlike the intolerance and blanket rules agitated by conservative European politicians to ban religious cover, the NSW government has shown an objective and generic application of the laws that balances both ends of the spectrum. Politicians who play on emotions and whip up a frenzy are unlikely to go far and treading on a tight rope. NSW has got it right this instance.
Quote : Premier Barry O'Farrell has emphasised the change is not aimed at any specific religion or group, though he hopes it will prevent a repeat of Ms Matthews' case.
Even the Islamic Council is agreeable that safety and security issues should prevail in certain situations when the identity of the person who committed a crime or traffic offence must be verified against the ID photo.
Quote : The chairman of the state's Islamic Council, Khaled Sukkarieh, says a Muslim woman can reveal her face to a man for identification purposes.
"Islamically, for all Australians, irrespective of ethnicity or faith, shall respect and abide by the constitutional law of Australia. If this is handled in a sensible and a sensitive manner, there should be no issues whatsoever. ," Mr Sukkarieh said.
http://www.abc.net.au/news/stories/2011/07/05/3261038.htm
Some Arabs in progressive Jordan in fact see merits in discarding the traditional garbs that cover the face and body completely by women wearing the burqa and niqab especially when it constituted a security threat.
http://oneworldtalk.freeforums.org/abused-for-crime-the-veil-of-secrecy-t3276.html
NSW's unprecedented and no drama laws has prompted the West Australian government to act. Now that's something the First State could be proud about.
http://www.perthnow.com.au/news/western-australia/wa-to-consider-nsw-burqa-laws/story-e6frg13u-1226088006380
Monday, July 4, 2011
Japanese degustation dinner at Rise (near King Cross Train Station)
A sumptuous seven or eight course degustation dinner for those who love the fine art and subtety of Japanese cuisine. Tucked in a quiet off street, Rise restaurant is nevertheless conveniently located wthin 7 minutes walk from the station.
Omakase : oishi!!!
The first course : gratin oyster, tempura silversih, chawan mushi decorated with maple leaves.
Pumpkin soup with prawn crouton and rice cake - a balanced blend of soft, chewy, crispy comfort food.
Market fresh sashimi, not a hint of fishiness : the kingfish was seared to bring out the richness and depth of the taste. The tuna and trout are yummy.
The duck was a little let down. Fatty and not crispy.
Main course (2) : Miso flavoured pork cutlet was a little salty but the texture was nicely crispy, yet tender.
Omakase : oishi!!!
The first course : gratin oyster, tempura silversih, chawan mushi decorated with maple leaves.
Pumpkin soup with prawn crouton and rice cake - a balanced blend of soft, chewy, crispy comfort food.
Market fresh sashimi, not a hint of fishiness : the kingfish was seared to bring out the richness and depth of the taste. The tuna and trout are yummy.
The duck was a little let down. Fatty and not crispy.
Choice of main course (1) Deep fried Fish
Main course (2) : Miso flavoured pork cutlet was a little salty but the texture was nicely crispy, yet tender.
Sushi with miso soup. Skilfully moulded fish, prawn on top of sticky Japanese rice with a tinge of wasabi and fresh tasting pickled ginger.
The advantage of degustation is that you get to try so many types of food and different styles of cooking and presentation. The portions were small but more than sufficient to whet your appetite and come away feeling very contented. Good value, it's a great place to entertain and spend time with loved ones.
The advantage of degustation is that you get to try so many types of food and different styles of cooking and presentation. The portions were small but more than sufficient to whet your appetite and come away feeling very contented. Good value, it's a great place to entertain and spend time with loved ones.
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