Growing up in China Historical Analysis

Growing up in China Historical Analysis The purpose of this paper will be to analyze the world historical process of growing up in China by examining Yan Phou Lee’s biographic adaptation of â€Å"When I was a boy in China†.Advertising We will write a custom term paper sample on Growing up in China Historical Analysis specifically for you for only $16.05 $11/page Learn More The author talks about their life from birth to growing up as a boy in China. The thesis statement for the essay will therefore be to examine the process and pattern of growing up as a male child in China from birth, to infancy and then to adulthood (marriage). The essay will look at how male and female children in China are treated and raised by their parents, relatives and the society as well as important periods of celebration in their lives. The primary source which is Yan Phou Lee’s biography offers an insightful look into the life of male children in China and it also presents various aspects of Chines e culture such as the Chinese calendar and Chinese months which is corroborated by other secondary sources used in the study. Lee’s biography supports the arguments made by the secondary sources with regards to how the Chinese count their months as well as the religious systems that exist in China which include Buddhism, Taoism and Confuciusm. Lee’s work however presents some controversial issues which might be viewed by many gender activists to be biased against women. He portrays the Chinese culture as one that is punitive to women by not offering them the same gratuities that are given to the male children. The evaluation of the historical process therefore offers the readers a look into the life of a male child growing up in China as well as the differences that exist in the society. In the first chapter of Lee’s biography, he talks about his birth and the cultural practices of the Chinese people when a child is born. Lee indicates that the Chinese calendar is different from that of the English calendar, an indication of the difference that exists between the Chinese and English cultures. According to Lee (7), the Chinese year is different from the English year because the months of the year are determined by the revolution of the moon around the earth. This is corroborated by Parise (215) who notes that time in China during the period of 1800 was usually determined by the number of accessions that the country had in terms of Emperors. Time was also determined by the number of cycles which were usually sixty years each and the cycle in which Lee was born was 1861 during the reign of Emperor Tung-che. Parise (215) also highlights the difference that exists between a Chinese calendar and English calendar where the months are referred as Regular Moon, Second Moon, Third Moon, Fourth Moon and so on instead of January, February, March and April. Every third year was termed as a leap year and it had an extra month so that it could make the l unar year to be equal to a solar year.Advertising Looking for term paper on asian? Let's see if we can help you! Get your first paper with 15% OFF Learn More The Chinese culture places a lot of importance on the birth of male children as demonstrated by how the various members of Lee’s family celebrated when he was born. He alludes to the fact that the Chinese culture views men to be more important than women because Chinese men are more desirable since they are able to maintain the family’s honor once they decide to get married. This is not possible for a girl as they lose the family’s honor when they are married off to another family. Male children according to Lee were therefore seen to be more important especially amongst the elderly relatives of the family. When it came to the naming of children, parents picked names from the Chinese dictionary which encompassed the meaning of luck or fortune. Choosing names was an important activity for many Chinese parents as they believed that names had the power of warding off evil spirits (Lee 8). Fortune tellers were usually called upon by the parents of the child to predict their future as soon as they were born. Rich parents who had male newborns invested large sums of money to consult deities who had the power to ward off any malignant influences from the child’s future. The money was mostly used to buy gifts for the God of Longevity in return for the child’s protection and also provide guidance in periods or situations of difficulty or chaos. The rich parents also consulted blind fortune tellers who were paid to intercede for the child with a particular Chinese god or idol. Because of the large amounts of money rich parents were willing to spend for the future of their children, fortune-tellers, astrologers, priests and the lessees of temples made a lot of money when they participated in these mysterious activities. Poor families were also not left behin d as parents from poor backgrounds sacrificed their wealth so that the male child could have a positive future (Lee 10). Lee (10) described his day of christening to also be a day of celebration as many relatives and friends attended the ceremony with gifts and valuable trinkets that would be useful in his future life. This was a different case for the girls as their day of christening was usually marked by fewer gifts and less excitement than is usually exhibited in the case of boys. The presence of roast pig which is the national festive dish in China indicated that male children were more valued than the female children. According to Lee (11) no occasion was complete without the presence of roast pig which meant that all weddings, religious festivals, birthdays and ancestral celebrations incorporated roast pigs in the menu. After infancy, the male children were groomed to be obedient followers of their parents, grandparents and ancestors as it was required by Chinese culture. Chi ldren were not supposed to talk back to their parents even when defending themselves from being wrongfully accused. They were required to take the punishment without any objection as a sign of respect and compliance to Chinese cultures.Advertising We will write a custom term paper sample on Growing up in China Historical Analysis specifically for you for only $16.05 $11/page Learn More According to Lee (17) everyone in China is subject to somebody else which means that all children were subject to their parents and their parents were in turn subject to their own grandparents which demonstrated that subjectivity in Chinese culture was a continuous cycle. The magistrate during that time was seen to be the father of everyone he ruled over while the Emperor was subject to his citizens who in return had to show their subjectivity to their Emperor (Lee 18). Young Chinese boys usually engaged in various games and past times such as kite-flying where they designed kites that were six to seven feet long from wing to wing. The kites were of various colors and designs and the children flew them so as to catch and retain the wind. There was even a date set aside for kite flying which was the ninth day of the ninth month which usually fell in October according to the Chinese calendar. This day referred to as Kite Day saw the male children going up the hills in China to have a communion with the heavenly zephyrs after which they get to fly their kites made of rice-paper. The fun part during the whole event was when the male children made the kites fight in the sky which resulted in the display of dragon designed kites of different colors engaging in combat (Lee 38). Apart from kite flying, other past time games that the children engaged in included kicking the shuttlecock which was a favorite past time game for many teenage boys and gentlemen. The shuttlecock was made up of a bunch of feathers stuck together by small round pieces of leather and the n tied together with a piece of string. Players would serve the shuttlecock to each other while at the same time making sure not to drop it hence the name kicking the shuttlecock. Other games and past times Chinese boys engaged in included penny-tossing and cricket fighting which were mostly done by the older boys and men (Lee 38). Once the male child reached a school going age, they were either taken to schools that were run by private gentlemen since the government of China provided education to advanced students only. But because the qualification for gaining office employment was education, the government encouraged many parents to take their children to school. This ordinance saw many schools being established in various corners of China where classes were held in people’s private homes or in the halls of Chinese temples. These temples were usually chosen because of the tablets that were used for deceased ancestors which could serve the purpose of writing desks and table s. Only boys attended these schools because the girls went to schools that were operated by their families.Advertising Looking for term paper on asian? Let's see if we can help you! Get your first paper with 15% OFF Learn More But the type of education was similar for both girls and boys except that girls were usually schooled until they were twelve years old while the boys went to school until they were sixteen or seventeen years old. After this age they viewed by their parents, grandparents and village elders to be ready for marriage (Lee 55). When it came to marriage, the male children on acquiring a wife were meant to continue living with their parents. This was not so for the girls as societal cultures and beliefs expected them to live with their husband’s parents. Such an arrangement however usually had its downside because most of the domestic squabbles and infidelity that occurred within the home were usually caused by this. This custom is however still being practiced as every generation is educated by their ancestors on the domestic arrangements for the male children once they get married. The success of such arrangements has all been placed on the son and husband of the family where they are required to be strict disciplinarians when it comes to managing the affairs of the home. Chinese culture also depended on the male figure during such arrangements as men were able to prevent domestic brawls which commonly occurred between the mother-in-law and the new bride (Lee 32). The predominant religion in China is different from the rest of the world which can mostly be attributed to their different calendar. The Chinese calendar is not divided into weeks or months but it is divided into moons which as mentioned earlier are calculated according to cycles. The Chinese do not believe in Christianity and they therefore do not celebrate Christian holidays such as Easter or Christmas. Their religion was divided into three systems the first of Confucianism which was the religion taught by the great philosopher Confucius. This religion prescribed to the notion that mankind had to perform certain duties such as being obedient to parents, honoring and serving members of the societ y and living harmoniously with one’s relatives or spouse. Confucianism never taught its subjects about the existence of God because Confucius himself did not believe in the existence of a higher authority. He instead taught his followers to pursue goodness and everything that was good in the world by viewing. The gods worshipped under Confucianism included the five great mountains, heaven and earth and the spirits that existed in the wind (Lee 64). The second religious system in China was referred to as Taoism which focused on philosophical teachings and Buddhist doctrines. This religion however degenerated into a sect where the sect leaders prayed on people’s superstitious fears so that they could earn some money. Taoist priests who were the leaders of Taoism were usually called upon by families to intercede for individuals that were possessed by an evil spirit. The role of the Taoist priest in such a situation was to offer up vows to the gods so that the person could be able to recover. Because of the poor religious standing, Taoist followers worshipped everything imaginable because they believed that every object or living organism had a spiritual counterpart in the next world. The gods that were worshipped under the Taoist religion included gods of war, literature, medicine and worldly possessions (Lee 66). Buddhism, which is currently the most predominant religion in China, came about during the time of Christ when an embassy sent by the Emperor of the Han dynasty to investigate Jesus’ teachings came across Buddha in India while they were on their way to India. The ambassadors assumed that he was the great sage they were looking for and decided to stay on so that they could listen to his teachings. Once the great Buddha died, they decided to return to China with his books which contained all the religious teachings of the religion. Buddhism began to pick up as a religion in China where Buddhist priests and nuns lived separate from the rest of the society in monasteries and convents. On joining the monastery, the Buddhist priests were required to shave their heads completely and don a costume that would allow them to be easily identifiable (Ling and Liu 1). Under the Buddhist religion, Chinese people believed that wealth and happiness were easily acquired from the priests so they offered them money which would be used to buy oil and incense for Buddha. The god in return would meet the wishes and desires of the people who prescribed to the religion. These three religious systems formed the background of religion in the country where the Chinese society was willing to worship everything and anything rather than nothing. Apart from these religious systems, the Chinese society worshipped gods and goddesses where each idol had a special holiday in the Chinese calendar. For example the Goddess of Mercy had a dozen days in the Chinese calendar that were dedicated to her where the sacred days would see followers convergi ng to celebrate her (Ling and Liu 1). The religious systems of Taoism and Buddhism were however despised by the educated classes of Chinese society but they always consulted the Taoist and Buddhist priests in cases of sickness or death. This demonstrated that the religious instinct of most Chinese people was strong where they could worship anything in the event they were in need of a higher intervention. The presence of temples instead of churches in most Chinese neighborhoods signified the embodiment of the highest level of architectural skill in the country. The idols who resided in these temples represented the superiority of idolatry in the country when compared to idol worshipping in India and Egypt. These three systems of religion in China however failed when it came to the religious training of young children. Religious knowledge was usually passed on to young girls and boys through their parents where they were told to worship particular idols with objection or questioning ( Lee 71). Lee, Yan Phou. When I was a boy in China. Boston: Lothrop Publishing Company, 2007 Ling, H., and Liu, J. Buddhism in China. China: China Intercontinental Press, 2005. Parise, Frank. The book of calendars. New York: Gorgias Press, 2002

How to Write an Analytical Essay on Macbeth

How to Write an Analytical Essay on Macbeth Writing an Analytical Essay on Macbeth Why write about Macbeth Beginning an analytical essay on Macbeth How to write an outline How to write a thesis for an analytical essay on Macbeth How to write an introduction Tips on how to write an introduction and thesis Writing body paragraphs Tips on body writing How to finish an analytical essay on Macbeth Tips on conclusion writing Tips on revision Analytical essay on Macbeth Why write about Macbeth The centrality of writing about Macbeth is to exhibit how an unconstrained desire can be a destructive force. Writing about Macbeth outlines how ruinous over-ambition or ambition can be. Macbeth, seemingly an aristocrat, is driven to actions and thoughts which are inherently averse to his nature and in the end causes his destruction alongside Lady Macbeth, his wife. ‘Macbeth’ deals with power and kingship and the accountability brought with power. Writing about Macbeth is fundamental in that as it demonstrates that when appropriately established power is ousted by noxious means, appalling penalties can follow. Beginning an analytical essay on Macbeth To start an analytical essay on Macbeth, the author needs to present some form of claim or argument about what he/she is dissecting. Analytical essays typically focus on how the poem or book was composed, for example, how specific topics in the story present themselves or how the utilization of metaphor or similitude brings about a precise meaning to the story. In short, analytical essays require one to examine the smaller sections of the piece to explain the larger picture. To write an analytical essay on Macbeth, the writer needs to review any thought or fact: connections that can be linked, thus formulating concepts and utilizing events to support it. How to write an outline A ‘plan’ or ‘blueprint’ for your essay is called an outline. An outline aids in sorting one’s arguments and thoughts. An appealing outline makes conducting research and later writing your essay somewhat simpler. Your outline page is comprised of: Paper Title Thesis Statement Major arguments/points shown by Roman numerals Supporting your key points, shown in Arabic numerals The Roman number I is the writer’s ‘Introduction.’ In the paper’s introduction section, tell the reader your paper’s purpose and what it intends on proving (your thesis). The final roman number is the conclusion; there one summarizes information presented to the reader. Sample Outline I. Introduction A. Sentence to catch the reader’s attention B. One-two sentence proclamation (thesis statement) II. Body A. First Paragraph B. Second Paragraph C. Third Paragraph III. Conclusion A. Thesis Restatement B. Insightful sentence closing How to write a thesis for an analytical essay on Macbeth To do it correctly, the essay writer should sum their idea into one sentence or two. The thesis statement should display the paper’s topic and show the reader what the article is about and thus aiding in keeping the argument focused and guides the writer. How to write an introduction The introduction is designed to grab the reader’s attention along with giving an idea of the essay’s focus. Start with a redherring/attention grabber. This includes: Surprising information which must be provable and correct. Dialogue which does not substantially have to identify the speakers; however, the reader must understand points made. Anecdotes which are stories that illustrate a point. Summary information; one to three sentences expounding your topic. Tips on writing an introduction and thesis Be as specific and exact as possible. Indicate your paper’s purpose, however, evade sentence structures like â€Å"my essay’s purpose is†¦Ã¢â‚¬  Avoid burying your thesis statement late in the paper. Avoid clichà ©s. Provide relevant and helpful information. Convince the reader your essay is worth reading and their time. Writing body paragraphs Naturally, body paragraphs develop the paper’s main idea in a series of sections. When writing body paragraphs, the writer’s chosen topic must be outlined, explained, and argued. All main ideas written in the outline make the body paragraph. Tips on body writing Begin by writing down your key ideas in sentence form Write down your supporting points for your chief idea that is, paraphrases and quotations from sources and facts (findings and statistics from conducted studies) Ensure you tie the facts you state back to the paragraph’s main idea (Analysis) Your transition from paragraph to paragraph should be fluid Explain your argument’s importance How to finish an analytical essay on Macbeth Finishing the analytical essay is simple once the framework is known. To conclude, three main sectors are taken into consideration. They are a transition from the body’s last paragraph, a rundown of the essay’s points and thesis statement, and finally, a closing statement that wraps everything up. Tips on conclusion writing Make it short. Answer the ‘So what’ question showing your readers the substance of your essay; show your reader the meaningfulness of your essay. Redirect your readers this is done by giving them something to think about. Synthesize rather than summarizing; don’t repeat things stated in your thesis. Challenge the reader by posing a question. Tips on revision Utilize your grammar check, spell-check, and check your spelling. Keep your format simple. Include clear transitions, markers, and citations. Include evidence and support for all main points. Ensure the essay’s intent is shown not told. Analytical essay on Macbeth I. Introduction ‘Macbeth’ is a play highlighting a breakdown in relationships between individuals Lady Macbeth and Macbeth. Lady Macbeth and Macbeth start the play showing an alluring relationship, however, as the plot advances; Macbeth’s aspirations drive him to commit regicide alongside other murders hence their relationship weakens and dissolves. This breakdown drastically impacts the play. Lady Macbeth’s longing for power prompts her enthusiasm in controlling Macbeth’s activities. Conversely, she loses control which ends in her tragedy. II. Discussion Ambition is typically what drives most towards progress, however, in Macbeth, it drives Macbeth towards his ruin. Ambition is a quality craved by many; however, through Macbeth, it is shown as an attribute that isn’t so positive. Macbeth proves that aspiration was a noteworthy constituent in his demise. Macbeth made it so effortless for the witches to help annihilate him. The witches noted his ambition was his weakness thus making it effortless for them to plan Macbeth’s destruction. Macbeth’s desire to have the witches stay on and continue with their prophecy shows his ambition and strives for power which the witches instantly spotted. Initially, Macbeth and Lady Macbeth adored each other: when Macbeth writes Lady Macbeth a letter naming her his â€Å"dearest partner in greatness,† this signifies that he views her as her equal. Lady Macbeth’s mind starts working after reading Macbeth’s letter. Lady Macbeth’s statement ‘shalt be’ uncannily mirrors the Witches prophecy. The breakdown of Macbeth and Lady Macbeth’s relationship results from various deeds, most obviously King Duncan’s murder. Macbeth and Lady Macbeth respond differently. Macbeth is overcome with regret and remorse he knows sleep no more. He has interrupted sleep showing how tense he is with the crime. The guilt he experiences shows disallows him to sleep. Contrary, Lady Macbeth reacts differently. She is practical and calm, instructing him to rinse his hands. She openly says â€Å"water will clear us off this deed† showing her buoyancy that the water will drain away the guilt. Lady Macbeth calls the shots in their relationship since Macbeth is too weak. Lady Macbeth questions Macbeth’s manhood and bravery, and affection between them diminishes. The mental suffering Macbeth and Lady Macbeth go through following the murder is another factor that adds on to their relationship’s breakdown. After being crowned king, Macbeth makes known his discontent. â€Å"To be thus is nothing, but being safely thus.† Macbeth has the idea that Banquo will be crowned and dreads its fulfillment. Similarly, Lady Macbeth is equally disappointed when she expresses that their desire has gone without content. Still, the pair is uncommunicative at this point. III. Conclusion From act one, Lady Macbeth persuaded Macbeth to complete a detestable deed that led to what his alleged fate was, even though none said King Duncan had to be murdered for the prophecy to manifest. After that inhuman deed, victims of Macbeth’s paranoid personality typically followed. Macbeths ambitions mainly driven by greed, insecurity, and hopelessness greatly impacted Macbeth fate toward death. Macbeth’s ambitions drove him downwards as being a deplorable hero in Shakespeare’s enthralling play.

Language as dialect, language and gender in the classroom Essay

Language as dialect, language and gender in the classroom - Essay Example f gender is such a great component of the social and cultural existence of humans that it is almost impossible to talk, interrelate and make judgments on others in the society without first classifying them under a certain category of gender- either male or female (Eckert and McConnell-Ginet (15). Eckert and McConnell-Ginet (10) in the definition of genders as a social construction reveal that this is the manner in which the society is able to carry out the sets of procedures that constitute the differentiation of the gender categories. Despite the fact that biological and physiological construction has a propensity to impact the male and female individuals in society, the perception of gender as a socially constructed phenomenon perceived such differences as being social in nature. Eckert and McConnell-Ginet (22) indicates that the cultural differences between boys and girls are enforced in different levels based on the societies from which they come. The children of different gende rs then indicate a preference for same-sex companies and circle. It is in these same-sex groupings that the boy and girl children begin to behave differently, acquire different perspectives of life and develop discrepant verbal cultures. The manner in which male and female individuals comprehend interrelations is very discrepant, and most times, they are ignorant of such differences. Moreover the males and females tend to suppose that the function from a similar understanding. It is such ignorance and presupposition that fuels gender- founded miscommunication (Eckert and McConnell-Ginet 24). The main point of concern for feminist linguistics is the depiction of language and gender as a social and cultural construction. Eckert and McConnell-Ginet (18) point out that voice is a very important component of language and gender. From the time, they are aged 4-5 years old, children from either sex start to make a distinction between the basic frequencies, which characterizes the voices they

You choose it Essay Example | Topics and Well Written Essays - 500 words - 6

You choose it - Essay Example is, however, unfortunate that in spite of the great strides, many obstacles still obstruct the realization of the employment rights of people living with disabilities. Only a few people living with disabilities access meaningful employment. There are several misconceptions and negative attitudes about disability that reduce the employers’, whether corporate, government or non-government, willingness from hiring anyone affected by a disability (UNICEF 2011). In some instances, some qualified job seekers are clearly discriminated and sidelined because of disabilities. People with intellectual disability are, for example, stigmatized for their perceived inability to comprehend most of the things that surround them. In addition, some employers are unwilling to recruit them because of the costs of adaptive technology and modifications needed at the workplace for them to work efficiently (UNICEF 2011). It is, therefore, apparent that these misconceptions continue to deprive people with disabilities the opportunity for employment. Lack of access to education, training, and funding are central to securing employment. Young people living with disabilities do not have access to opportunities and formal education to enhance their skills. The gap in education levels between those with disabilities and those without is a primary factor that determines who secures employment (DRNPA 2009). For people with disabilities and lack formal education, training or skills, they can still indulge in self-employment. Their lack of funding, however, presents an obstacle that prevents them from setting up businesses. Securing loans from lenders is a challenge because there are few people in the society who are willing to be collaterals to them. The lack of funds for investment, therefore, continues to deprive them the opportunity for employment (â€Å"Arc, 2014†). It is inevitable that people with disabilities are overprotected by the labor laws. Many countries and, in particular, those

Corporate Rescue Mechanisms of Judicial Management

Corporate Rescue Mechanisms of Judicial Management Two new insolvency processes was introduced by the Companies Act 2016 which are corporate rescue mechanisms of judicial management and corporate voluntary arrangement. These mechanisms aim to facilitate rehabilitation of company in the event of corporate insolvency to allow companies to restructure its debts and at the same time able to continue with its business as opposed to the only way of winding up under the old rule, subject to some conditions. Judicial management Judicial management as the name suggests is an order granted by court by way of application by the companys creditor or director. From the time an application is made, and for the duration of any judicial management order made, a moratorium will be in force.[1]Once order is granted, an insolvency practitioner or judicial manager will based on powers vest him,take charge of companys assets for over a period of six months which the order is in force and could be extended for another six months. The said insolvency practitioner or judicial managerwill first make a restructuring proposal for creditors approval which will be obtained by the creditors meeting and voting[2]. A majority approval of 75% of present creditors is required and the effect of restructuring proposal being approved is the proposal becomes binding on all creditors. Judicial management will not be available to institutions regulated by Capital Markets and services Act 2007 and Central Bank of Malaysia.[3] Besides that, judicial management order will only be granted if in applicant successfully show that there is a possibility of rehabilitation and by allowing such order creditors interest will be protected better than winding up process will. Corporate voluntary arrangement Corporate voluntary arrangement may be carried out betweencompanies with their unsecured creditors with minimal courts intervention. It will not be available to company with charge over its properties, public companies and similar with judicial management, institutions regulated by Capital Markets and services Act 2007 and Central Bank of Malaysia. Application for corporate voluntary arrangement could be made by companys director or judicial manager to the court which moratorium commences from this moment onwards. Application is to be supported with an insolvency practitioners statement on his opinion that the arrangement should be approved or disproved based on whether companys funds allow it to continue with its business. Unlike judicial management, under corporate voluntary arrangement there is a time limit to moratorium. After application to court an automatic moratorium kicks in for twenty eight days during which no legal action may commence against the said company[4]. Approval and the subsequent effect is the same as required under judicial management and the creditors meeting should be done within this moratorium period, upon which the moratorium ends. It could be extended for another sixty days by majority approval during said creditors meeting. The Companies Act 2016 also implemented added security feature by way of an insolvency test under s 112[5] to protect rights of parties trading with the company and rights of the creditors. Different solvency test applies for different circumstances but in overall, directors are to sign a solvency statement to declare that the company is solvent for the purpose of declaring dividend, share buyback and redemption of preference share, reduction of share capital or financial assistance. Insolvency-related amendments Companies Act 2016 has also incorporated some insolvency-related amendments, with the strengthening of the laws on receivership, winding up and schemes of arrangement. Receivership The receivership provisions in the CA 2016 substantially expand on the existing provisions in the Act. Section 375 and section 376 of CA 2016 set out the manner of appointing a receiver or a receiver and manager under an instrument or by the Court. S. 375(2)(a) of CA 2016 expressly sets out the agency status of a receiver appointed under a power conferred by an instrument. On part of receivers liability, section 182 of CA 1965 provides receiver to be liable for debts incurred by him in the course of the receivership or possession. The same is incorporated in section 381 of the CA 2016. Further to that, section 382 imposes personal liability on the receiver. Section 383 codified express powers of a receiver which are set out in the Sixth Schedule of the CA 2016. Presently, a receiver would have to derive his powers which expressly or impliedly conferred by Court. Winding up On the changes of winding up related sections, it can be noted that petition for winding up under section 218 CA1965 is generally presented subsequent to a final judgment. In the CA 2016, petition may also be presented without a judgment but after service of a s.218equivalent to section 466(1)(a) Notice of Demand pursuant to specifying the debt. In CA 1965, there is no time limit to file petition to wind up a company after the issuance of the statutory notice under s. 218(2)(a). CA 2016 in s. 466(2) now requires a petition to be filed in Court within six months of the statutory notice. This imposes time limitation for s.218 notice in order to curb abuse and to set useful timelines for potential settlement processes. Presently s.218(1)(m) and (n) permits the Court to order a winding up if a company is being used for unlawful purposes or any purpose prejudicial to national security or public interest or incompatible with peace, welfare, public order, security, good order or morality in Malaysia. S.465(2) of CA 2016 provides that, a finding by the Registrar that a company is being used for such purposes shall be received as prima facie evidence until proven otherwise. The effect is to reverse the burden of proof which then place on company to disprove the existence of the state of affairs said to exist by the Registrar in commencing the winding up action Section 218(2) has given minimum statutory amount for which a company may be presumed to be unable to pay its debts is RM500. Section 466 CA 2016 provides the amount now is to be prescribed by the Minister. Under the present s.223 CA 1965, all dispositions made after the commencement of the winding up by the Court are void unless the Court otherwise orders. Whereas s.472 CA 2016 provide exception to allow exempt dispositions which are defined as dispositions made by a liquidator, or by an interim liquidator,pursuant to a power conferred on them by the Act or rules of the Court that appointed them or by an order of the Court. This may facilitate the liquidators in carrying out their function as part of winding up process to liquidate the assets of the company as part of the without having to seek validation orders each time a disposition is made. S.493 CA 2016 is a new provision giving the Court power to terminate the winding up process. Currently termination of a winding up order is by way of a permanent stay under s.243which given court power to stay winding up. The same section is also used to seek a stay of winding up proceedings pending an appeal and this has continued to cause confusion. Cessation of a winding up as the power to stay in s.492 and the power to terminate in s.493 are clearly segregated. Twelfth schedule of CA 2016 sets out both the powers of a liquidator requiring the authority of the Court or a committee of inspection and powers which may be exercised independently of the same.Notable changes on s.236 CA1965 include the power to carry on the business of the company which increase from four weeks to 180 days after the date of the winding up order, to compromise debts not exceeding RM10,000which currently RM1,500 under s.236(2)(b) due to the company without approval of the Court/COI. This would enhanced the roles of liquidators to facilitate the smooth process of liquidation. Further, CA 2016 also provide more protection to employees as unsecured creditors under s.292(1)(b). The upper limit for the payment of wages or salary in the distribution of a companys property increased from RM5,000 to RM15,000 under s.527(1)(b) of CA 2016 Scheme of arrangement The scheme of arrangement provisions remains largely the same except for two of the more significant changes. In s.367 of CA 2016, upon application, the court may appoint an approved liquidator to assess the viability of a proposed scheme and prepare a report for submission to the meeting of creditors and members. This would enable an independent professional in the field of insolvency to determine the viability of the scheme and take into account the interests of all the stakeholders. Currently under s.176(10A) CA 1965 the court may grant a restraining order for not more than 90 days. Under s.368(2) CA 2016 the restraining order may be extended by court for not more than 9 months upon application to court. Further, s.176(10D) CA 1965 provides company disposes or acquires any property, other than in the ordinary course of its business, without leave of the Court, liable for monetary punishment of RM1 million. In CA 2016, the amount has increased to RM3 million as provided in s.368(7). [1]Malaysia: New Malaysian insolvency laws (2016) Available online http://restructuring.bakermckenzie.com/2016/11/06/malaysia-new-malaysian-insolvency-laws/ (Accessed on: 19th January 2017) [2]Malaysias New Insolvency Regime (2016) Available online http://www.klgates.com/malaysias-new-insolvency-regime-07-05-2016/   (Accessed on 20th January 2017) [3]Reform in the Malaysian Corporate Landscape Key Highlights under the New Companies Act (2016) Available online https://www2.deloitte.com/content/dam/Deloitte/my/Documents/tax/my-tax-espresso-reform-in-the-malaysian-corporate-landscape.pdf   (Accessed on 20th January 2017) [4] Corporate voluntary arragement (2016) Available online http://www.chooi.com.my/pdf/Chooi_Companies_Act_2016_corporate_voluntary_arrangement_975866_1.pdf ( Accessed on 21st January 2017) [5] Companies Act 2016, s 112

A Brawl in Mickey’s Backyard Essay

A Brawl in Mickey’s Backyard was a very complex and controversial case! SunCal wanted to build affordable housing in the resort district however, Disney was opposed to this plan. Disney wants that resort district built up with tourism in mind. Disney would rather see hotels and restaurants to further accommodate their customers. Stakeholders play a vital role in a business! It’s important to consider the opinions and thoughts of both market and nonmarket stakeholders. When we look at this case, there are a lot of stakeholders for Disney that are involved in this. Let’s begin by looking at some of the market stakeholders. These market stakeholders include Disney’s employees, who would benefit from cheaper housing in an area close to their place of employment. Often the employees don’t make very much money and are having to commute longer distances. This affordable housing would’ve greatly helped them. Customers are also another market stakeholder for Disney. The idea is for the customers to feel â€Å"they’re in another world†. Disney is keeping them in mind and trying to make more attractions in the area that make them more appealed to the area. Of the nonmarket stakeholders the most relevant in this case was the community itself and the City Council. In order for that community to thrive in the way it does, it’s important to keep businesses thriving as well. The City Council is involved because it had to be voted on because it was in a resort district. Although I can see both sides have great points, I feel very strongly that the workers for Disney should be able to find affordable living quarters in the near vicinity. I hope that Disney realizes that they should value their employees because the tourist couldn’t be accommodated without them. I think that SunCal should be able to build the affordable housing area in a near vicinity, just not on the resort itself. I also think that Disney should go out of it’s way to help SunCal because this housing will benefit their employees. A Brawl in Mickeys Backyard Essay Q1 The issue in the case of â€Å"A Brawl in Mickey’s Backyard† is that the employees at Disney feel that they are not treated well by the famous theme park owners going so far as to say that â€Å"they want to make money [referring to Disney], but they don’t care about the employees†. The uproar and the sentiment was expressed more vigorously in the opening scene of the case, when dozens of protestors gathered in August of 2007 to stage a kit to express their open displeasure at Disney’s lack of support for their employees. The protest was instigated when a local developer called SunCal arranged to buy 26 acre site in the resort district across the street from the theme park. SunCal plans were to build 1,500 condominiums with 15% of the units set aside for below the market rate rental apartments. Since housing in Anaheim, California [the home to the Disney theme park] was expensive, many of Disney’s 20,000 employees couldn’t afford to live there. The average price of a house in the vicinity was more than $600,000 and a rental of a one bedroom apartment was $1400 a month. Keeping in mind custodians at the park earned an average of $1916 a month so that would leave them with only about $500 of their salary barely enough to sustain them for the rest of the month! Also, keep in mind that restaurant attendants earn around $1166 a month, so a rental is out of the question, which brings us to the fact that only about 18% of the resort employees are able to afford living in the area. The 16400 employees are left to commute long distances by car or bus to get to work. Furthermore, when SunCal wanted to proceed with its plans it had to get permission from the City Council, because its plans for the development were in the resort area. It wasn’t clear if SunCal was going to succeed so it roused a lot of advocates from the employees at Disney as well as affordable housing advocates as well as by other individuals and groups who supported the prospect of reducing long commutes, thus reducing air pollution. However, Disney was in the way. It greatly opposed the plan for several reasons. One of which was that the resort district across the street was just that: a resort district. In the early 1900’s , the city of Anaheim designated 2 square miles across the street from the theme park as a special resort district. The resort area, which was 5% of the city’s area only, produced more than half of its tax revenue by 2007. Therefore the area and any development new or old within it were restricted to serve only tourist needs. This meant tourism related development such as hotels and restaurants, Disney argued, and not affordable housing. Disney argued that it wasn’t against the issue of providing the employees with affordable housing, but it is against it being in the area that is allocated for tourism. Having SunCal go ahead with its plan will affect the area and its theme park subsequently because it will take land away from being allocated to tourists needs [will be explained more fully in Q3]. â€Å"It’s not an either/or† Disney argued â€Å"Anaheim has to address the issue of affordable housing but it also had to protect the resort area! † The two sides quickly formed their own advocates. SunCal advocates formed the Coalition to Defend and Protect Anaheim declaring that â€Å"these new homes would enable many families to live near their places of work and thereby reduce commuter congestion on freeways†. Disney’s advocates on the other hand formed Save our Anaheim Resort District to protect the resort area from non-tourism projects. The City Council was split on the issue, to say the least. The five person council has to decide if it will give permissions for SunCal to proceed to build its development plan in a site located strictly for tourism projects, only because this will solve the affordable housing dilemma, or stick with Disney’s claim that the site was made from the start for tourism projects and disregarding the fact now will only hurt the area and the businesses in it as well the theme park of course. Q2 The relevant market stakeholders are Disney’s stockholders, creditors, suppliers, customers, employees and distributors as well as other resort based owners located within the resort district. The nonmarket stakeholders are the community, government, media, and non-governmental organizations. Q3 The stockholders of Disney will be affected adversely by SunCal plans because it might slow down the flow of tourists to the area and thus affect the theme park’s profits and the stockholders profits, dividends subsequently. They are opposed to SunCal’s proposal solely because the area should be targeted to bring about as much tourists to the area and thus enlarge the theme park’s tourist segment and bring out more potential profit and capital appreciation for the stockholders. The same can be said about the resort based business owners, because they may depend on Disney which is the main attraction for the continuation of their businesses. Fewer developments for tourists, less tourists, lesser incentives for them to come to the area and as such will affect Disney adversely which in return will affect the businesses that depend on it for tourist attractions. Moreover, this will in turn affect the creditors, suppliers, and distributers of Disney. The amount of credit needed to run the theme park will be reduced heavily since there will be fewer tourists to attend to. Fewer supplies will be needed if tourism will lessen in the area and as such there will not be as many supplies being distributed. Therefore, the creditors, suppliers, and distributors are all against SunCal’s proposal because it might affect the success of their business if Disney’s attraction is compromised. This can even affect the employees [at Disney and at the various businesses in the resort area] because they will be impacted in various ways including reduced hours or layoffs and reduced salaries, if tourism in the vicinity decreases. The community, government, media and non- governmental organizations can be all entities that are split on the issue. The community for example, is split between providing a solution for the affordable housing issue [therefore in favor of the proposal], or preserving the area that brings prosperity to a lot of businesses [against the proposal]. The same can be said about the government, to be specific, the chamber of commerce is against SunCal’s proposal because it might lesson the profits that the city reaps [the resort area produces more than half of its tax revenue] and the other side of the government wishes to appease its community and wants Disney to take responsibility for its employees. The non-governmental organizations such as the activists we’ve seen in the first scene of the case and the unions that represent Disney’s affected employees from the long communes’ are in favor of SunCal’s plan. However there might be other unions and activists against the plans, even though they are not mentioned specifically in the case text. Q4 The relevant market stakeholders are Disney’s stockholders, creditors, suppliers, customers, employees and distributors as well as other resort based owners located within the resort district. They all have legal power, in which they can bring suit against a company for damages, based on harm caused by the firm. The stockholders in Disney have Voting Power, of which they can exercise their voting rights based on share ownership. They also have the power to inspect the company’s books and records. The creditors, suppliers and distributors, customers and employees have Economic Power. The creditors may call in loans if payments are not made. Suppliers and distributors may supply or distribute to competitors, or even refuse to meet orders if conditions in the contract are breached. Customers can imitate the suppliers and distributors in which they can switch loyalties and purchase their goods from competitors, or even go to extremes such as boycotting the goods and products if deemed unsatisfactory. The employees can from unions to bargain for their wants, they can even refuse to work or take action and perform strikes. They may even go public and influence the media to adopt their issues.

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