This morning, yarl restaurant turned on its loud and deafening kitchen hood at 6.15 a.m. when everywhere is till so peaceful and quiet. It is really frustrating to be wakened up by yarl restaurant's kitchen hood noise every morning particularly when we are still in our deep sleep! At 6.15 a.m., the entire neighbourhood is still very quiet, so quiet that you can even hear a pin drop and all we can hear now is yarl restaurant's kitchen hood noise permeating the entire atmosphere. Chasing us out of our bedrooms in the wee hours of the morning everyday is nothing new to yarl restaurant's boss and he has done it as early as 5.20 a.m. in the morning. Whenever anyone complains, he would turn on his noisy kitchen hood a little bit later e.g. 6.40 a.m. but after a few days, he would revert back to his old habit - turning on his loud and deafening kitchen hood earlier and earlier with each passing day. Why am I writing this article? Because I am feeling sleepy and tired but cannot sleep as yarl restaurant is making a lot of noise with its noisy kitchen hood now. Do I enjoy writing this kind of articles? Definitely not but this is the only thing I am supposed to do after being chased out of my bedroom by yarl restaurant at such an early hour of the day when I am still in my deep sleep. We will NOT suffer in silence. The wickedness of yarl restaurant's boss and the inefficiency of the Kuala Lumpur City Hall (DBKL) should be made known to the whole world even if there is nothing which the Malaysian government could do to protect our most basic rights. What has the title of this article got to do with this article? Well, the title of this article is actually yarl restaurant's criminal threatening (there is a threatening comment in my blog for the article entitled Kuala Lumpur City Hall: The Greatest Joke on Earth which I believe is from yarl restaurant). Wonder why yarl restaurant still has the guts to threaten us after all the problems that it is causing us? Apart from making noise day and night, yarl restaurant also prohibits us to sleep by turning on its loud and deafening kitchen hood long after bedtime and in the wee hours of the morning when we are still in our deep sleep. What time do you think that yarl restaurant will turn off its noisy kitchen hood today? The answer is 10.50 p.m. after making loud and deafening noise continuously for 16 hours and 35 minutes! (This article is edited to add in the time yarl restaurant turned off its noisy kitchen hood today). Can anyone in their right senses tolerate this kind of noise for 16 hours and 35 minutes a day (and sometimes longer than that)?
PLEASE TAKE NOTE THAT THE NOISE THAT YARL RESTAURANT IS GENERATING IS THE KIND OF LOUD AND DEAFENING MOTOR SOUND THAT CAN EVEN BE HEARD ON THE FOURTH FLOOR! WONDER WHY IT IS ALLOWED IN MALAYSIA AND AT SUCH AN EARLY HOUR IN THE MORNING TOO? IS THIS WHAT WE MEAN BY "MALAYSIA BOLEH" - i.e. WE CAN DO ANYTHING IN MALAYSIA INCLUDING KILLING PEOPLE SLOWLY WITH NOISE AND THREATENING THEM WITH VIOLENCE SHOULD THEY COMPLAIN?
Now, let us analyze yarl restaurant's comment carefully and try to understand the meaning behind it.
Anonymous9 February 2014 02:49
So, lu cari pasal dekat itu kopitiam?! Lu pernah kena penampar kangkung?!
It is obvious that the person who made this threatening comment must have some interest in yarl restaurant. Who else would make this kind of criminal threatening apart from the restaurant owner himself? What kind of person yarl restaurant's boss is? From the kind of language that is used here, it is obvious that whoever writes this comment in my blog is:
- uneducated with no knowledge of English and only knows broken Malay
- uncivilized and that is why he thinks he has the right to threaten us when we complain about his air and noise pollution program.
- irrational as he refuses to do anything to reduce his kitchen hood noise and continues to plague us with noise without any remorse on his part i.e. he should apologize to us for the evil things that he has done to us instead of threatening to harm us
- selfish i.e. thinks only of the profit that he is going to make at the expense of others and even goes to the extent of threatening to harm all those who stand in his way
- behaving like a thug because he is threatening to harm us with "penampar kangkung" if we complain about his air and noise pollution program
- violent because he is threatening to use force on us
The comment So, lu cari pasal dekat itu kopitiam?! Lu pernah kena penampar kangkung?! is obviously a form of criminal threatening. As defined by Wikipedia, the free Encyclopedia: Criminal threatening is the crime of intentionally or knowingly putting another person in fear of imminent bodily injury.
There is no legal definition in English law as to what constitutes criminal threatening behaviour, so it is up to the courts to decide on a case by case basis. However, if somebody threatens violence against somebody, then this may be a criminal offense. Criminal threatening can be the result of verbal threats of violence, physical conduct (such as hand gestures or raised fists), actual physical contact, or even simply the placing of an object or graffiti on the property of another person with the purpose of coercing or terrorizing in reckless disregard for causing fear, terror or inconvenience;
"Terrorizing" generally means to cause alarm, fright, or dread in another person or inducing apprehension of violence from a hostile or threatening event, person or object. Below are five frequently asked questions about what constitutes a threat:
What is the definition of a threat?
Generally anyone can be charged with uttering a threat if they utter, convey or cause any person to receive a threat:
(a) to cause death or bodily harm to any person;
(b) to burn, destroy or damage real or personal property; or
(c) to kill, poison or injure an animal or bird that is the property of any person
What if the threat isn't said directly to the intended target, but to a third person?
The accused need not utter the threat directly to the intended victim to be found guilty. Furthermore, when the accused does not utter the threat directly but rather threatens to harm the intended victim to a third person, it is not a valid defence to argue that the accused did not intend that third person to communicate the threat to the intended victim for the crime to be established. Indeed, it is not even necessary for the intended victim to be aware of the threat in order to be found guilty of the offence.
What is required to establish a threat in law?
The prosecutor must prove that the accused knowingly made the threat and that he/she intended the threat to be taken seriously so as to produce a reaction of alarm or fear in the mind of the recipient.
What if the recipient of the threat did not take the threat seriously?
In law, all that is required is that the person making the threat intended the threat to be taken seriously. The fact that the person receiving the threat was not intimidated or scared does not constitute a defense to the charge of uttering threats.
What if the threat was impossible to carry out?
Even in a situation where the accused makes a threat he could not carry out i.e.: " I will drop you from the top of the C.N. Tower", he may still be found guilty of the offence. The central focus for the judge in deciding whether or not a threat was made will be on the maker's intention when the words were uttered (was it meant to be taken seriously so as to produce a reaction of alarm or fear in the mind of the recipient) - not on the present ability to carry out the threat.
What kind of man yarl restaurant's boss is? Actions speak louder than words and in a way, this criminal threatening So, lu cari pasal dekat itu kopitiam?! Lu pernah kena penampar kangkung?! clearly represents the true nature of the person who wrote this comment in my blog. It is also very obvious that he does not want his wickedness to be made known to the world for fear that this would affect his business. After all, he only thinks of his business! By threatening to harm us, he believes that he could scare us so that we would not dare to write anymore articles about his air and noise pollution program.
Despite being threatened by yarl restaurant, we will continue to stand up for our rights i.e. the right not to be chased out of our bedroom every morning. We will continue to write as long as yarl restaurant continues to make loud and deafening noise with its kitchen hood. If you were to ask us what is the most terrible experience in our lives, we would not hesitate to tell you that the most terrible experience in our lives is yarl restaurant's air and noise pollution program. We have never experienced anything worse than that. Has it ever occurred to my readers how painful it is to be yarl restaurant's air and noise pollution victims? As yarl restaurant's victims,
It is indeed a shameful thing to say that yarl restaurant's boss is torturing us with noise day and night as well as prohibiting us to sleep and these shameful things are done with his eyes wide open ignoring all the sufferings that he is causing to others and even more shameful to say that he still has the guts to threaten to harm us for complaining about his kitchen hood noise.
