EPISODE 9

This episode highlights more on relationships, various court systems THAN cases itself. A continuation from last episode ...



Breach of Copyright Laws

Ling's mom, on the request of a friend wrote a nice calligraphy which was later used as the title (together with the design and all) of a porn magazine. Ling's mom was naturally upset, so Ling and Ben sued the publisher and applied for an injunction (as in prohibitng someone from doing something). Some brilliant arguments were levied against Ling's mom, all of which answered by Ling with Ben as second chair and Vincent sulking jealously behind (he was there as emotional support). Some arguments included



1. mom was paid for the calligraphy - well ang pow was given and Ling said he had a right to enjoy the painting privately but he did not have the right to publish it



2. he was publishing what was his own - Ling said he did not have the right, sure he was the owner but not the owner of the right to publish it



3. he was willing to pay royalties - Ling's mom said no money can compensate her for her loss of reputation as she took more than a decade to learn the art and for it to be used on a porn magazine kinda degraded her reputation



In the end Ling won, got the injunction and happily left, with her parents thanking Ben who looked ackward and Vincent looking really jealous.



And another previous case ...



Cheating Case

Remember Ben's mom and dad who took up a tour package offer? They went to a small claims court (where you cannot be represented by a lawyer which makes the whole process faster, almost no documents and definitely cheaper but only for small cases) and they argued with that arrogant tour operator. Ben then argued as a son (not as a lawyer) by saying ...



1. the contract was unlawful and unfair and unjust - of course because they had to finish paying all the money before they can even enjoy the packages



2. parents had less than 20 minutes to read the contract all in English and even lesser time to consider their options since they were actually pushed into it, like dirty business tactics used



3. tour operator suffered no loss since they didn't fulfill their part of the contract but Ben's mom and dad had to first pay $35,000-00 in deposit and that is a loss.



In the end mom and dad won and got back $35,000-00 simply because the business tactics were unlawful and the contract was unfair.



But today's new case starring Cheung Chi Kwong as a guest star is probably the most interesting and controversial, depending on how it ends tomorrow.



Sperm Donor Seeking Custody of Child

First of all I think this series got it wrong. Is the father (as in biological father) who fathered the child of a barren couple through sperm donation seeking for custody of the child (meaning he wants the child to be with him) or the right to visit and see the child (meaning access to the child)? Because the father is seeking custody which is not right because it is more like visitation rights from what I could see.



Anyway this case raises a whole lot of questions that I am unable to answer but is very interesting because it could happen, especially in western countries with sperm banks and all.



You see this barren couple got this donor to donate his sperm via a contract. Many years later donor came back to get the child after knowing a child was conceived and born. The child recognised the couple as her parents. The donor argued there was a contract and this contract and timeline proved that the child must be his because the woman was not having an affair at that time and the adopted father could not father a child. So Ben and

Ling hoped to get an order compelling the couple to take the child for a DNA test. The court rightly threw out the donor's case because as argued ...



(By the way Sister Na represented the couple)



1. the contract was illegal (you can't contract to sell any part of your body-against public policy even in Malaysia)



2. being illegal the donor cannot now depend on the contract to prove the paternity of the child



3. and because he can't give any proof to compell a DNA test, therefore the test cannot be carried out



I believe this is perhaps the most intelligent aspect of the arguments. But what is so interesting about this case is does a sperm donor, having conceived a child has any right towards the child or does his right ceases when he gave up his sperm? The same question could be applied to surrogate mothers but of course surrogate mothers have more arguments in the sense that being pregnant for 9 months created a bond between mother and child so the child should not be taken away.



My personal feeling is sperm donation should be legal, the contract should be honoured and imagine this case, the contract is legal, DNA test is compelled, he is the father but my view is so what? He is the biological father and the court can't force the child to know the truth. A confidential donation should remain confidential. A sperm donot can't say now that I donated the sperm, I didn't know I had a child! I mean why would anyone donate sperm, someone take that sperm for what? Surely to conceive a child. Likewise, if this father insists on seeing the child, sorry to say he must also pay for the upkeeping of the child. Anyway my sentiments aside, I have a feeling this case will end like this; parents realise the biolgical father meant no harm so he will become one of the family. Always a happy and easy ending.



Now on the relationship front, interesting development.



Ling's parents gave Ling tickets to an opera show, Ben had one too so Ben went happily in his best (and I suspect only) suit only to see Ling being lured away by a Santa Clause (it wasn't Christmas yet but she once told Vincent that she loved Christmas, Santa Clause, blinking lights, coffee-you get the picture) and Ben holding a pit of flowers followed her only to see Vincent having prepared a cup of coffee for her proceeded to dance with her under blinking lights in a deserted cafe with Christmas song being played. Ling then remembered about Ben, called him to say she will be late and Ben, very gentlemanly of him graciously took the cue and said he too was busy and so he smilingly left, having lost to Vincent and went home to think a little and then had a good night sleep.



My question here is Vincent seemed so well off, driving a nice car, taking over a cafe even for a day, taking over an ice cream van (or truck?) for a day, fancy restaurants, fancy suits ... where has he got the budget?



Anyway Ling didn't want anyone to know so she told Vincent she wanted to keep it low and this was why it was Ben who second chair Ling in the sperm donor case.



The next day Ling apologised to Ben for missing their date and then Vincent suddenly appeared, held Ling's hands and Ben then said "ohhhhhh you two are dating!" and asked why they wanted to keep it a secret. Then Ben quietly said "Better this way if not someone's heart will be hurt" (and he meant Jessica) but Vincent slyly said "Whose heart?". When Ling left to get cakes, Vincent asked Ben if he was ok with it and Ben said no problem. But the way Vincent said it, by the way he suddenly appeared during lunch uninvited, by appearing at the concert doing what he did when he knew Ben was going to watch opera with Ling ... these all suggested a very sly dark minded Vincent. When he sat there looking at Ben with his sly smug smile, it was like he was saying "LOOK! I won! I WON HER HEART!". At that brief moment, I disliked him. Ben simply accepted defeat graciously. You can't find this kind of man anymore. My sister commented, girls seems to go for bad boys and good guys like Ben losses. Well maybe true after all Vincent did all the tricks, who wouldn't be overwhelmed by his attention? Ben hardly did anything BUT his knitting and pot of flowers suggested a more subtle and sensitive approach. For that I like Ben more.



Anyway Jess has yet to know. She still thinks that Christmas time she may get her man and give him her pink crystal heart! Anyway she got a case of her own. She realised she had to pay more money for her internet access (I think it is so) when she didn't know. Vincent took up her case eagerly, writing complaint letters on her behald. Jess thought he did all this because of her. Ben quietly told her he did all this because he was up against big time companies and that was a challenfe he craved. Jess didn't hear that.



Tomorrow Jess will have her heart broken. I don't think I can stand to see her cry because Jess is such a sweet girl, however inadequate she may be as a lawyer.



My favourite character today is Ben but I find Vincent very intriguing. No doubt he is a decent fellow, like I wrote yesterday but I do feel after today's episode, he can be very boastful and arrogant. I think in time maybe Ling will see through his suaveness and charming smile and see a weak man inside. I am not saying a bad man or an evil man but a lesser mortal. I suspect Ben is a stronger person in principle and in his choices, more noble whilst Vincent may suffer some big time dilemma and forced to make a decision that will (or will almost) destroy him. I hope not just career but his humanity. I really want to see a bad Vincent who redeems himself, because I don't see Ben doing all that. He's such a happy go lucky person.



Best actor today? My personal choice is Sammul Chan for the way he smugly and slyly smiled at Ben, and with that twinkle in his eyes quietly asked Ben, "Are you sure you're ok with this?" when Ben was told about his relationship with Ling. I mean this one line didn't mean "If you're not ok, I will get away from Ling because we are friends" but rather "buddy, I won so back off". Of course in a more friendly and gentlemanly way. These guys won't punch each other out, I suspect they will do fencing, you know even fight must be a bit high class.



I am very annoyed with Ruby Wong's performance. Expressionless, toneless. And I am still confused; is Sister Na a prosecutor or a barrister with a law firm?



I look forward to tomorrow's episode though seeing Jess cry will not leave me feeling happy (I saw her shedding a tear in the preview). Bernice Liu has such energy, such charm, though playing a very bad (as in not vert smart) character with not so good acting skills, she manages to capture my attention with her dazzling smile, big expressions and energetic performance. She embodies Jessica in spirit and it pains me to see Jessica having to go through such heartbreak when she was waiting, waiting, waiting.



Maybe in the end she will get Vincent whom I feel professionally may be a great man but as a man, he is not good enough for her, YET.