26. what by-laws of DBKK for this?

From:  Joshua Y. C. Kong, P. O. Box 11923, 88821 Kota Kinabalu.  6013-8394513

To:  Mayor of Kota Kinabalu,                                                       12^th April, 2014

            7^th fl. Centre Point, Kota Kinabalu.

CC:  DG of KKCH,  Kota Kinabalu.

Dear Sirs,

Further to our complaints since September, 2013 and first reminder in February, 2014 as per attached.

The picture as shown below is evidence for the said violation.

Thank you,

Joshua Y. C. Kong            Mary Kong

A VIOLATION of the housing & building BY-LAWS OF

DBKK largely ignored especially at this house at House 26,

Lrg Sri Kepayan 17 off Lrg 16, Taman Sri Kepayan

Another issue of nepotism and corruption of YB E Yong.

The house 26  Built to the end of the land with house 24 (partition fence) and to the Drain.

LOSS of Revenue for many years  How many more rooms were built without paying for

The assessment for more than 10 years?  What about the  Business of food preparation done in the built up area?   What does the By-laws say about this violation?  Should not this ILLEGAL house be demolished soonest possible?

25. My dogs are safe

Dato’ Rakhbir Singh  has managed my case on the

dogs superbly in the second magistrate hearing.

Joshua Kong was today 9-4-14 discharged and acquitted from the charge for keeping “unlicensed” dogs in the house compound since 23-7-13 in the magistrate court on 26-3-14 at the dbkk’s office at 7^th Fl of Centre Point based on public complaints.     The mayor’s application for the destruction of my dogs was also dismissed by the same magistrate at the same sitting.

24. CRIMINAL CONSPIRACY at its worst

The DAY after the first Magistrate Court case by DBKK against my friendly dogs

1.      A DBKK vehicle came to my house at about 10am and two men came to my gate to tell me that they wanted to take photographs of my dogs.

1 Q.  Why take photographs only after I was charges?  Wasn’t proper investigation done prior to filing of documents in the Magistrate Court?  If no proper investigation done, then taking photographs can be the following:-

1Q1.  Contempt of Court and injustice

1Q2.  Invasion of privacy taking photo without Court Order – both front and back.

1Q3.  Intrusion without notice and what happened if I was not home.

1Q4.  The lorry to capture my dogs possibly for evidence could have happened as the lorry could be in the main road as it was before.  Anything could have happened if I was not home.

1Q5.  It was pre-arranged with my neighbour at house no. 26 as the son-in-law allowed the DBKK man in as per photo No. 1 at the back of that house to take photograph of my dogs at the back?   Allowing the DBKK man into the house was an aiding and abetting a serious crime in the context of CRIMINAL CONSPIRACY of SSY and YB Edward Yong in the same gang.  DBKK man could have taken my photo of the dogs if there was a Court Order to do so and enter my house alone.  This also prove that my neighbour at house 26 was wholly behind this CRIME against me and used the two proxies namely Puan Mariana and Pn Susie SOH – and not by chance any more.

Photo No. 1  DBKK came to collect evidence after I was charged, hence a mistrial

DBKK – two officers Willman B. Mihon and Weldie Majinki in the Dogs control unit came to my house about 10am on 27 March, 2014 and one of the officers took photographs of my dogs – 2 in the front portion and 2 in the back portion.  This happened after I was charged in the Magistrate Court on 26^th March 2014 for keeping “6” dogs in my house in July, 2014 based on two “complainants”  who are unknown to me but I believe my neighbour at house 26 is the main complainant using those two dubious complainants as these two complainants were not in the Court to be witnesses, and yet DBKK wanted to convict me without a proper trial.

AFFIDAVITS to support the criminal and civil cases against me by the MAYOR, KK

So the next question is why take photographs now and to prepare the complete affidavits and WHO are persons to sign the AFFIDAVITS with incorrect information as per documents already in Mayor’s documents?  Isn’t it DBKK acting on duress of the YB Edward Yong and the neighbour who is related to him?  So I am to pursue the case to the MACC already brought to its notice.  I think DBKK man only managed to take photographs of 3 dogs with one hiding behind the bushes when Court Document stated 6 dogs.  When we saw Mr Mohd Yaman recently in his office before the Court case commenced, he was telling myself and wife that we can rear as many dogs as possible.  Yet he filed the Court papers with a great discrepancy.

 Photo No. 2 -  a photo with his hands on the camera seen.

 No. 3  At the front gate before he took pictures of my two dogs.

 No. 4  at the gate preparing to take photographs of my dogs.

  No. 5  The photograph man leaving in his DBKK’s vehicle.  Without these photographs, DBKK would deny everything like in much early press reports, they would simply grab those dogs they wanted to destroyed or sold???

22. Rocket killed by poison of my neighbour.

21. Save my dogs

 rocket dead from poison.



Affidavit in opposition

Affidavit of Joshua Kong of NRIC 48XXX3-12-50XX

Mayor of Kota Kinabalu                                Applicant

Kong Yun Chee @ Joshua                           Respondent

1.     I live at House No. XXX, Lorong XXX, Taman Sri Kepayan, 88300 Kota Kinabalu together  with my wife.

2.     I have no children.

3.     I am elderly and my age is 65 and wife is 69.

4.     We do not deny that we have been rearing dogs within our house compound.

5.     On 29^th of  July, 2013, it was the first time DBKK people came over to the front gate of my house and two persons came forward to the gate.

6.     My dogs are very quiet and dogs being dogs when strangers approach the house, they did whatever other dogs would do.  My dogs naturally bark to notify me and my wife of the strangers.  The dogs being very sensitive to the environment would also bark against alien people including the Indon maid in the next house with extra extension to the partition fence doing her chores so near the partition fence and also walking so near the partition fence in addition to that the Indon maid would aggravate the tense situation by threatening my dogs with waste water thrown at them etc and the right neighbours also asked their friends and relative to come to their house walking up and down the edge of their house so near ours and also the dogs would howl at strange hours at night when they sense demonic charge in the air.  All these noises from the dogs can be accepted and tolerated as the benefits of the presence of dogs in the neighbourhood would sort of bring security alertness all the time.

7.     On that date 29^th of July, 2013, I have a total of 6 dogs.

8.     My dogs never disturb anyone or anything as alleged that any action be taken against them.

9.      Nobody was bitten or hurt.

10. No properties were damaged.

11.  No one lost their hearing or their sleep as a result of the dog barking.

12.  I keep my dogs in complete good hygiene because if the hygiene was poor, my dogs would have died.

13. It is only natural for dogs to shit and urinate just like humans.  It is part of the natural process.

14.  I would be worried instead if my dogs do not shit and urinate.

15.  I had always kept my dogs within the compound and only one occasion when the dogs managed to leave the premises only for limited few minutes due to the contractor poor workmanship of the second internal partition gate.  I called them back and they came back obediently within minutes.

16. The offer of compound is wrong and I should not have been compounded.

17. I have now licenced the dogs and working as a freelance person and no fixed source of income and do not have any pension to fall back on.  My dogs also partly depend on charity for their daily bread.

18. In the premises above, the application to destroy my dogs should be dismissed.

19. It would be cruelty to animals if the animals are shot and killed just because they bark.

20.  Why am I the only victim when there are so many households that keep so many dogs, cats and other animals like rabbit and poultry.

21. Does it mean that the wild animals apart from dogs as pets should all be killed by enforcement even the by-laws do provide for that and such by-laws were very poor in consideration for the well being of society.  Many more serious crimes committed by human beings do not face immediate destruction or capital punishment.  Recently two men were jailed for two years for causing death to Orang Utan in East Coast of Sabah.  So what would be the equitable treatment for human beings desiring the death of my dogs in the same vein of the dead Orang utan?

22. Complainants are not my neighbours as they have not responded to my circulars twice since 25^th of December, 2013 with an enclosed copy and the two complainants namely Puan Mariana and Puan Susie Soh have not responded to my text messages and no statements based on the incomplete complaint forms are available for this case to go to the Courts.

23.   One of the two complainants (both forms incomplete) by the name of Pn Susie Soh possibly linked to Soh See Yee – a criminal at large of several Police Reports - is just another closer indication of the Criminal conspiracy against me via the excuse of my dogs.  A Police Report is enclosed.

24. There are two valid Dogs Ordinance 1960 (Sabah No. 24 of 1996) and Kota Kinabalu Municipal Council (Registration and Control of Dogs) by-laws, 1963 have been observed with variances and inconsistencies.  So which one should be applied ?

25.  Despite several actions by DBKK to take my dogs by force which did not happen and DBKK could not reply to my letter of 17^th of January, 2014 over two important visits by the Minister in charge of DBKK and senior DBKK officers on 26^th of September, 2013 and 24^th of December, 2014 respectively.

26. The Application of the Mayor in the Magistrate Court with the Affidavit in Support of the Application to destroy my dogs are not in compliance of the Enactment No. 15 of 1996 in clause 5 (3) without the Seal of the Mayor attached thereon.  Also the Mayor had acted under unreasonable demands and instigation of others.

Prepared by Joshua Y. C. Kong    19/2/2014

20. Death sentence on my guard dogs