Noah Nishihara reads Jiang v Quach, Microsoft Corporation v Jiang Reflections on Life and Ancestors

 

Blendo — Yesterday at 7:08 PM

Back in 3 May 2019, I found reports/transcripts of grandpa's court proceedings, and one of uncle's as well

 

Blendo — Yesterday at 7:26 PM

It makes for interesting reading considering his lack of evidence, misunderstandings of the different way that courts work in Australia (common law jurisdiction) and China (civil law) etc Particularly relevant is that the judges on the High Court included McHugh J and Kirby J. In mid 2019 I walked with the retired Kirby J to the law school building and brought up 1. lamenting the lack of more active involvement in common law courts which grandpa had expected 2. asking him what avenues there were to restrict misuse of involuntary incarceration into mental health hospitals - the loophole which continues to exist in NSW and NT. Whether human rights law had anything to do with it. In this respect he replied with a case that I should read, cases dealing with incarceration, particularly deportations and refugees, as well as criminal law cases which could all shed light on the misuse of mental health/psychiatrists' powers. As you can imagine, the mere thought of mental health/psychiatrists stirs up deep righteous anger in me. It is virtually the sole reason I study law. Now of course, except for NSW and NT, it isn't enough that a family member and psychiatrist labels a person to be a harm to themselves or others, but 'consent' where the person is capable of giving it, is also required. A person may therefore refuse, though of course it is not a resolute decision and it can be overriden.

 

Blendo — Yesterday at 8:34 PM

 

au_cases_cth_HCATrans_2001_38.pdf

349.95 KB

[8:34 PM]

 

Jiang_v_Quach.pdf

28.31 KB

[8:34 PM]

 

Microsoft_Corporation_v_Jiang.pdf

30.67 KB

[8:35 PM]

The legal profession is very interesting in that it only deals with words - there is no need for fieldwork - all the research can be done in a library or a screen. The content of judgements and legislation gets dissected, analysed, debated. All this has nothing whatsoever to do with health (Chinese herbal medicine, acupressure, qigong, other exercises etc or medical sciences) or survival (agriculture, cooking, most suitable diet and the innumerable and ever changing bits of partial knowledge in those broad categories etc). Lawyers are somewhat similar to composers, philosophers, mathematicians.

[8:35 PM]

Consider that the medical profession is bound up by a structure, a system which has ingrained in them a resolute subservience to static guidelines and toxic, useless pharmacology. Even the best of them wave away their ignorance and contempt of the patient and continue to preach ‘listen to the doctor’ while applying the same treatment to all persons regardless of individual characteristics and circumstances, fitting a wide variety of symptoms into one set category, and delivering the patient to the gates of hell much earlier than they would have reached it without the medical interventions. Their entire body of knowledge, right down to their research and peer review methods, are flawed, from the patient’s point of view, and of course from a neutral God-like perspective. The profession itself cannot see their own flaws, which is just as well since there are no alternatives to their system.

[8:35 PM]

There is of course Chinese herbal medicine, the only other evidence based philosophy of medicine which undertakes treatment in the complete opposite way of the dominant Western medicine. It has its own flaws too, most notably the questionable quality/safety of imported herbs from China. Indeed, had western medical systems truly respected Chinese herbal medicine then we would not be in a pandemic. Medicine costs would be slashed, public medical insurance would be reduced, pharmaceutical companies would all go insolvent. What appears complex would happen very easily. When used right, Chinese herbal medicine in combination with a strong underlying immune system would render SARS-Cov-2 a passing cold. Not the evil killer it currently appears to be. Of course, most of us lack the strong underlying immune system, never mind the correct formula of Chinese herbal decoctions to drink. Nothing is clear cut, the analysis of a single patient has hardly been completed with just numbers on a piece of paper – their so-called tests. The human body is ever changing. What numbers there were an hour ago is no longer relevant now. And in any case, those numbers mean nothing to a TCM practitioner or a patient. Any treatment based on such numbers is also meaningless for a patient.

[8:36 PM]

There are instances where the highly concentrated compounds in the drugs (TCM considers most to be cold-natured, some are even described as evil) hit the jackpot and meet the needs of a patient’s body – usually the large, Western male patient with much heat in their body. But for most patients, including cold, thin Asian female patients, it is a toxic poison which the body must then work hard to expel. Never mind that the original purpose of the medicine is unfulfilled. It’s just extra work for the already sick and tired body. Now, those large, Western male patients with much heat are just as likely to be a full-time worker, who needs a ‘quick fix’ so they can go to work the very next day. So what should be universally toxic is quite suitable for their needs. On the other hand, herbal medicine may take longer to have effect. Some are instant, but most have a supportive mechanism – helping the body to heal itself on its own. Not toxic poisons on rampage which must then be expelled by the body working hard – all the important organs getting damaged and weaker in the process … Western medicine has merits – MRI is good, physiotherapy is good, nurses turning bodies is necessary to avoid pressure sores, perhaps emergency treatment saves lives but everything else including CT scans, catheters, antibiotics, drugs, invasive treatments must be avoided at all costs, if one is intent on living a long and prosperous life, crucially: free of suffering.

[8:36 PM]

Never mind enjoying life. Being free from physical suffering such as that experienced by my mum, with diabetes, spinal cord injury, long-term side effects of IV dexamethasone (too many), osteonecrosis, tennis elbow, occasional migraines (ever since taking Valium, prescribed by a doctor (who should have been deregistered in 2017 for abusive behaviour to another senior doctor) for spasms during spinal shock period but which caused hallucinations) all suffered in one go, constantly, 24/7. This is grandma’s long years of suffering repeated with ten times the force. And yet my behaviour has not changed. Being free from physical suffering should be my aim. I am currently so, and must remain so. If I fall, I must not have a fragile body which easily allows my spinal cord to be shattered.

[8:37 PM]

Most of all, those who preached the myth of doctors as ultimate gods and saviours to be given the utmost respect, now know that going to the hospital is to be avoided, sometimes at all costs. Go there, and you’re ‘in good hands’. Good hands to send you to hell quicker for sure. Sometime recently I was subdued on hearing that one of my Japanese grandfather’s older sisters (who used to send delicious mandarins from Ehime-ken to Takamatsu where grandfather lived) had passed away after falling from a hospital bed. My Japanese great-grandmother also in Ehime-ken, Matsuyama, fell one day and was reluctantly put into aged care or hospital, but died at 106 not long after, in 2012. Near the end her mind was no longer so clear.

[8:38 PM]

Contrastingly my grandfather in Australia had a clear mind until the end, only taking his last breath after seeing his son, who also died shortly after, evidently taken away together. If my grandfather had had a clear mind and proper outlook on life, he’d not have fought with grandmother nor pursued a ridiculous court case. He’d have learned to live life properly. He wouldn’t have forged your mum’s signature or taken other people’s money and invested it all into some random broker of shares, subsequently losing it all. He’d have spent that money on his son, keeping him off the streets, preventing him from having to sleep in the toilets or otherwise face the harsh realities of homelessness. Once, his son was able to secure accommodation, on the condition that he was an orphan, yet along came both his parents to visit and he was kicked out. If my grandfather had not craved attention he would not have gone to have random tests done on him – several powerful x-rays later, he could no longer stand up on his own. He did survive in nursing homes for some time, however the food there made visitors get diarrhoea, and abuse of the elderly due to ageism was rampant. He wrote some words on a tissue paper which was left at the bottom of a tissue box – it stated sth to the effect that some workers had verbally or physically abused him while showering.

[8:38 PM]

My grandfather’s famous words: ‘if only we didn’t have to eat’, and anyway, he’d go and collect the church’s free bread and generally didn’t live a high standard life, although of course these are just the negatives. My grandmother died in hospital, even though she had been recovering from her stroke and could eat again – without intubation. Yet perhaps out of malice towards patients who recover on their own, or ageism again, at midnight one day, she was sent off to hospital and was intubated again there, and this process proved fatal as it caused internal bleeding and she was basically killed. If there were more evidence a strong case could be brought before the courts. On the other hand, she’d already suffered so much especially in the last years, that this story had to end somewhere.

 

Blendo — Yesterday at 8:49 PM

I digressed. The legal profession most likely has similar structural limitations to those which the medical profession suffers from. Being a student means that I can’t see those. I know that these limitations are of less importance, because they aren’t a life or death matter, or impacting on a person’s material quality of life, lifespan, enjoyment of life/recovery from illness (which is strongly hindered by Western medicine), but I still want to know what these limitations are. It’s not sth obvious like the lack of equal access to justice, or the coldness of the law – how it doesn’t care how people interpret the words or how they (mis)-use the law. Perhaps the history of law, of jurisprudence, or the philosophy of law are the areas which may reveal these limitations. The law obviously deals with everything in society: politics, crime, banks, corporations, public order, marriage … in short, anything that exists can be regulated. But the biggest aspects of law deal with power and money.

[8:49 PM]

There are rich corporate lawyers or those in big law firms, and then there are lowly legal aid lawyers or criminal prosecutors/defence lawyers who evidently suffer a lot from the harsh confronting crimes they deal with daily. Learning the law meant learning to understand that the law and the courts are to be avoided at all costs. You’d be better off just living properly with what you have than to enter the court system. For this of course, the problems must be avoided at all costs. That means one must stay well away from uneducated, unprincipled crackheads like 3 Yi as she then was in 2012 (attempting to pour a kettle of hot water on my mum, then subsequently destroying her glasses – which I still have a photo of) and one must, must stay away from hospitals. Once in, their influence and control is too hard to resist, and if you agree to one thing (catheterisation), everything else comes along (preventative antibiotics), although in mum’s case it was IV dexamethasone, a dangerous yet widely abused corticosteroid, which she refused but ultimately due to various nefarious tactics was coerced to accept. To have it intravenously is different from swallowing it orally. Also, given that her body was paralysed at this time, that dexamethasone clearly caused a great degree of harm and hindrance to her body, which continued for months afterwards. HPA axis/cortisol/adrenal insufficiency related spasms throughout 2020.

[8:51 PM]

and osteonecrosis/avascular necrosis, of course, which is a death sentence meaning she will soon be unable to stand up.

 

Blendo — Yesterday at 9:24 PM

It brings to mind the way that club activities in Japan somewhat toughened me up and made things in Australia seem so easy. Or that after witnessing and learning about the mental health incarceration process and its abuse, life just became completely different. Money meant nothing if liberty could be taken away by a deranged sibling. Sure, money can’t buy a criminal out of jail, but still. Crime and misused incarceration are on a wholly different level and are not to be considered together. I’m sure that workers in NGOs, UN organisations, and others who were on the line between life and death in war torn countries would return home and feel so strange, they may label it PTSD but it is simply that all the things that seemed to matter – society’s many categories – activities, work, leisure, education and society’s practices – hanging out with friends, laughing at jokes, fashion, making money just seem altogether changed, foreign, inconceivable and almost disgusting. But at some point they realise that this is just how it is on Earth.

[9:26 PM]

I was always easily frustrated from childhood if things didn’t go my way, perhaps because everything was done to perfection for me by my mum and I was accustomed to it. After witnessing false imprisonment/ involuntary incarceration on mental health (‘harm’) grounds a new factor entered: unjustified anger. Once in P.E classes in Japan, I’d had a painful leg due to wrong stretching practices during karate lessons the evening before. I was hobbling but then a classmate intentionally leaned against me, I’m unsure why. Perhaps it was an odd response to my hobbling but in any case, I responded with such force and speed with my entire body minus the leg that he would have fallen if two other boys behind me had not caught him. The unjustified anger lay just beneath the surface. Being in Japan, it was easier to forget Sydney/Hornsby involuntary incarceration. I considered karate to be a significant boost to my sense of being able to do something. For example, I’d be able to see through things, and be there to protect mum instead of being lured away according to 3 Yi and 3 Yi-fu’s plans. I might not have been able to defeat one male and one female police officer or several paramedics however. Yet it could have been possible to swiftly enable mum to escape. It would be an incredible action scene from the films enacted in real life. It was unreal to that degree.

[9:26 PM]

Later, I returned to Adelaide not Sydney, losing 90k through currency transfers, further disillusioning myself in regards to the nature of money by witnessing how easily money could be lost (or gained) and how powerless and stupid my behaviour had been. Around 2016 I responded to an arch-enemy of sorts who was digging into my shoes while climbing the stairs. After some other provocations from a friend, I threw a couple of plastic chairs around the classroom, about a 3 m radius around where I was.

[9:26 PM]

Later in 2017 I became so enraged one day shortly after I’d discovered the NSW laws around involuntary incarceration and spoken to a casual art teacher about it, that I went onto the balcony and threw F-words at the car fumes, chimney smoke, and hell, and much to my surprise, just several minutes later, when I was settling down to finish a physics assignment, I saw a police car park downstairs through the window. Evidently the neighbour next door had called. I would later learn that F-words spoken and heard in public spaces constitutes an offence, often an excuse used in cases where Aboriginals are taken into custody. Of course, it was that neighbour who also created smoke which would enter through the heating system, and who partied frequently and laughed shrilly and loudly outdoors, often creating noise which would bother us. But of course, such things are not an offence. And in any case, it is ironic that the one word I learned on coming to Australia, the F-word, is banned.

 

Blendo — Yesterday at 9:34 PM

"having amazing people around you is better than having average people (at least for family), although it doesn't make much difference until one is disabled or requires services, or is an employer faced with dunderhead employees.

Remember, one of my aunts sent my mum into Hornsby mental hospital for over a week to gain money, feel satisfaction during her down time (after my uncle's death), and with the pretext of 'helping' - since involuntary incarceration is malice disguised as kind heartedness

This year I met that aunt in person, she came to SA, and my impression was that she perhaps genuinely thought she was doing sth good for us. These are crazy deluded people who don't understand society, the world, history, philosophy, Foucault, human nature and so on. They haven't studied science/mathematics, their brains are slow and narrow"

[9:36 PM]

"Mum pointed out to ... that she is so busy all day long, working, suffering immensely, unable to sleep proper hours etc unlike others who probably have too much free time and are getting restless. Then came a Mito Komon-like moment. It's a TV show in Japan where Mitsukuni (a retired uncle of the shogun) pretends to be a country-side peasant, but then brandishes a inro (medicine case) with the Tokugawa symbol to reveal his identity and everyone falls to their knees. In short, mum stated that she had received the most education out of all her family, in China (up to Bachelors), in Japan (PhD), and Australia (Master's also getting citizenship that way), and ultimately there's no way to argue fairly or get others to understand at all because we're not in the same world, our frame of reference, our plane, it's all so different."

[9:37 PM]

"My respect for my mother has definitely deepened. For years I tended towards anger and misguided thinking, always making her angry as well, thinking of revenge and studying the law to get back at my stupid family members and society that allowed injustice to occur. Now after three years in the law degree, I find that it has tamed me, the law is very cold and neutral, it can be misused (and ignored without any consequence) by those with cold hearts, or sometimes it may deliver justice to a limited extent. Evidence law which I have yet to study, is the crux of it all, yet I know that if I were serious about getting justice (what a joke - it's an empty concept or a fallacy) I would not succeed. And it's hard to be objective about things when they're so personal. In short, learning the law meant learning to understand that there's no point trying to fight, the better way is to avoid, and that weaker parties can't win against stronger parties (even if the law supposedly is fair) because weaker parties lose at evidence. The hospital destroyed all useful evidence, including dispersing all the inmates who could be called as witnesses..."

[9:37 PM]

"There are certainly many who downplay the importance of such things as PhD, which by now is so common it means little, but on the other hand, history has shown that those with power tend to bury in holes or massacre those with knowledge and thought. Because knowledge is power. I think that was also why mum was put in – she argued very well against the psychiatrist and his Chinese sidekick, it must have irked them, as well as asking whether she was religious. Upon hearing ‘no’ his face changed. But there’s much more to it."

[9:38 PM]

"The support worker on the other hand was awed and surprised that the woman who appeared just like a random crazy old woman who gets angry at other people’s stupidity a lot was in fact a Doctor who lived a fairly vibrant life until going to Japan, and in Australia, gave all she had into caring for her son, even getting imprisoned in a hospital for him, moving so many houses for his education (much like Meng Zi’s mum), losing 90k with currency conversion for moving from Japan to Adelaide with brute-force at a bad timing ( the rate fell from 96 yen to 69 yen in just a few months in 2015! ). Not to forget that pretty much all academic achievement, all good grades, was mum’s tuition from primary school through to middle school in Japan and high school in Adelaide, and for English, it was her insight and ideas and inspiration. Only in uni, when it came to the law, did I start to use my own brain to tackle studies. Viewed overall this story is very tragic. She should not have fallen. None of this was deserved. It was a lot of it on account of the stupidity of people around her."

[9:38 PM]

Strong but misguided self-confidence isn't going to get the exam scores or avoid trouble and misguided thinking, mistakes in life etc yet one has to try and find the right and suitable ways, build the skills, and overcome difficulties.

[9:40 PM]

"when a big heavy magpie hit my head and clung onto me before flying off. It felt like a heavy book or newspaper had been thrown from a car driving by. I was shaken, and then flustered the whole morning until I got to the lockers, where I was then sprayed deodorant on my butt. I was reminded of this when I left a science class in the afternoon to go to the library, and the sprayer guy tried to hold me back along with another guy, shouting 'where’s my phone' (confiscated by a teacher), and then I told some friends and Mr Hemphill overheard it who then took me into the office and I was forced to recount it all, and then of course,  the sprayer guy was suspended for 3 days but bore a grudge against me, which only wore off in Yr 11, when I explained what actually happened – that I had been forced to explain by teachers, not that I had been a willing and annoying dobber."

[9:41 PM]

"Every support worker who worked with mum has left with 2 or 3 or 10 times more experience and knowledge than before. They have basically received free induction and comprehensive training to very high standards and qualities. All while getting paid. One said, 'It's amazing, I learn something from you each day I come here.' They most likely will see improvements in their health and various other initiatives. It seems unfair to me, first that I miss out on this invaluable training which they get and not myself, and second, that undisabled people get to profit off of disabled people's physical efforts and also learn to avoid becoming disabled by learning from a wide variety of life experiences and wisdom. With so many of my ancestors having shown their often fatal mistakes, there are plenty of heartfelt examples for me to learn from and avoid repeating. It should be that I am well-placed and in the position to easily prepare myself to live well. It is truly problematic how I frequently and subconsciously pick fights and arguments with mum, always fated to lose anyway, rather than to stay quiet and respectful and learn from her failures and wisdom, everything I need to live a proper life."

[9:42 PM]

"I remember fun times and a most funny conversation where at one stage, ... was falling head over heels in awe and surprise at learning that mum had studied Japanese etc in a Chinese university (as well as selective high school, primary school etc, all while cooking and caring for 5 siblings and 2 parents), then got a PhD in anthropology from a Japanese university, then a Master's degree in accounting in Sydney. I tend to discount this, but I wonder why I don't respect my parents way more than I do right now. Compared to the life experiences and vibrant uni lifestyle they led in China or Japan, I am neither independent, nor very actively social nor as healthy, and it seems the people born in the 2000s should be ashamed of themselves if they compare with their parent's generations. Stuff's changed a lot since the 'good old days'."