Part of the Do'a Iftitah

"Verily my solats, my ibadah, my life and my death I surrender to Almighty Allah, Creator and Lord of all the worlds. Never will I associate anything with Him. So am I commanded and I am of those who are Muslims."

Read N Write Ad

The Muslim Bloggers Alliance

The Muslim Bloggers Alliance
Bringing Muslim Bloggers Together

Wednesday, November 25, 2009

'The Hyena is out' by Ong Eu Soon, Penang

Assalamualaikum Warahmatullahi Wabarakatuh.

Dear fellow Penangites and concerned fellow Malaysians.

I received a comment today from a fellow blogger who is also a Penangite from Nibong Tebal, Mr.Ong Eu Soon who asks me whether I would be willing to join him in a movement to check the current DAP Penang State Government from robbing the Penangites from access to the foreshores of our beloved home island?

Naturally, being concerned very much with the way things are going on in Penang not any different from the way Koh Tsu Koon screwed us all by mismanaging our home island, I am all for Mr.Ong Eu Soon's crusade against mismanagement of Penang, no matter who the hell is ruining our home state?

It makes no difference whether it is the present DAP or the former GERAKAN party's who are robbing the islanders blind!

I wrote my concerns before here about the land conversions fiasco and now Mr.Ong Eu Soon, my fellow Penangite is raising the alarm!

The following excerpt is the actual news report from the Sun2Surf online news that exposes the current DAP State Government's daylight robbery of the Penang Islanders of their right of access to the foreshores which after land reclamation projects are turned into private lands and barred from the public!

The Penang State Government must not in any way rob the people of Penang their rightful access to the foreshores of the island. You are there as a public servant, not to lord it over us!

Prove to us that you are better than the previous government by upholding justice and not make a mockery of it!

So much for your 'Amar Makruf Nahi Mungkar' sloganeering!

Looks like that's all that the Pakatan Rakyat are good at?

Plain empty rhetoric but in actuality the Same Old Shit that the others dish out without fail to fool the people!

NEWS WITHOUT BORDERS :: Local News
No more foreshore, says Guan Eng
Himanshu Bhatt

GEORGE TOWN (Oct 14, 2008) :
The definition of foreshore and a clause under the National Land Code 1965 (NLC) that prevents such land from being made freehold has come into contention, with the Penang government saying coastal lands that are reclaimed can be converted to freehold status.


Lim Guan Eng

The reason: after reclamation, there is no more seabed and foreshore, and therefore it is within the state’s right to give private individuals freehold status for such areas.

"If a particular area is reclaimed, the foreshore and seabed cease to exist factually, physically and legally," Chief Minister Lim Guan Eng told a press conference today, accompanied by legal advisers.

The statement was prepared by Penang Development Corporations (PDC). With him were PDC general manager Datuk Rosli Jaffar, PDC legal adviser Zainun Abd Rahman and consultant Mureli Navaratnam.

"Therefore, the argument that foreshore and seabed will always exist, regardless of reclamation or otherwise, cannot hold water. In our view, the foreshore/seabed cease to exist upon reclamation."

Under the NLC, foreshore is defined as "all land lying between the shoreline and the low-water mark of ordinary spring tides".

Lim was responding to a report in theSun on Oct 8 which pointed out that the NLC prevents the authorities from disposing of alienated coastal land as freehold. Section 76 of the code stipulates that a state authority cannot dispose of "any part of the foreshore or sea-bed for a period exceeding ninety-nine years."

The report followed questions raised about the conversion of the Queensbay land area, which is reclaimed land, to freehold.

"We are of the opinion that the conversion of the leasehold status of the reclaimed land to freehold was done in accordance with the NLC," said Lim.

"Since the foreshore and seabed ceased to be of existence upon reclamation of the land, there is no issue of the foreshore and sea bed being converted into freehold status."

However, Batu Uban assemblyman S. Raveentharan, a practising lawyer whose constituency is seeing reclamation, expressed concern what would happen if all coastlines in Penang were to be reclaimed and placed under private hands.

He said it was important for the state to clarify how it intended to protect the foreshores. "If all the land along our coast is taken away, what would happen to the foreshore in Penang island and the mainland?" he asked

Raveen asked if future generations of Penangites would be able to enjoy beachfronts if the coastal areas became locked by reclaimed lands under freehold tenures.

Other lawyers who were consulted expressed concern that the removal of foreshore status may be used as an excuse to circumvent the NLC’s intention to protect such lands in the first place.

"The purpose of the proviso is to protect the coastal land by keeping it in permanent public ownership through the state," one lawyer said.

"When a party gains freehold tenure of such land, it prevents the public and the state from having it back, except by paying for it at market price."
















Any rational seeing person will know that the area marked red is foreshore!

Do we have an ignorant CM here who does not know the difference between mainland or foreshore? Go study!!!

I wonder if Anil Netto another concerned Penangite blogger is aware of this?

Chanlilian too?

Read what Mr.Ong Eu Soon has to say :

*************************************************************

Since the last election, our political landscape has changed beyond recognition. Many have openly adopted partisan stand on issues affecting the people on their zealous quest to defend the Pakatan state governments whenever there is a criticism.

The Penang state government under the leadership of Lim Guan Eng surprised a lot of those who voted for change by pursuing the policies and projects of Koh Tzu Koon with a zeal beyond the imagination of Penangites.

Lim Guan Eng has willingly without bribery or corruption fast tracked all the projects he inherited from Koh Tsu Koon's admistration.

When pressed on the Queensbay land conversion controversy, Lim Guan Eng blamed Koh Tsu Koon for the decision.

Lim Guan Eng said he does not quite agree with the decision, but he has to comply.

Lim Guan Eng continued to defend the decision of Koh Tsu Koon.

The Chief Minister said that state legal advisers informed him that the land was not bound by a crucial proviso in the National Land Code (NLC) 1965 which forbade foreshore land from being converted to freehold.

He said the land had been gazetted as state land – and not considered foreshore – by the previous state administration.
Crucial clause overlooked Guan Eng missed proviso when defending land conversion Himanshu Bhatt(Sun)

GEORGE TOWN (Oct 8, 2008) : Chief Minister Lim Guan Eng had defended the controversial conversion of land housing the Queensbay project, reportedly worth RM3 billion to freehold, at the Penang state assembly in July, but had overlooked a vital clause in the National Land Code (NLC) 1965.

It is learnt that Lim (who is currently away in the United Arab Emirates on an investment mission) had in a written reply reasoned that the NLC allowed the state to convert the land from leasehold to freehold.

He made the reply to a question from Batu Uban assemblyman S Raveentharan who asked how reclaimed coastal land had been made freehold in Batu Uban and Pantai Jerjak?

In his reply, however, Lim missed a crucial proviso in the NLC. He reasoned that the freehold status was given as an effort to revive the project after it was left unfinished.

(The project had been stalled as the original developer Eternal Resources Sdn Bhd was affected by the economic crisis of the late 1990s.)

Lim referred to section 76(aa)(iii) of the NLC which says land could be converted “where the State Authority is satisfied that there are special circumstances which render it appropriate to do so”.

It is now learnt that Lim was sent a letter by a senior conveyance lawyer in Aug, expressing concerns about his plan to convert residential leasehold land, including areas that had been reclaimed from the sea, to freehold.

In her letter, lawyer Agatha Foo pointed out a proviso in section 76 of the NLC, which Lim had overlooked in his assembly reply.

Foo noted that the proviso expressly prohibits the state from disposing of “any part of the foreshore or sea-bed for a period exceeding ninety-nine years”.

The proviso had been inserted when section 76 was amended in Parliament in 1985.

“Consequentially, the said proviso would also prohibit the state from re-alienating or converting any part of the reclaimed foreshore or sea-bed to freehold land.” “Any subsequent attempt by the state to re-alienate or convert any part of the foreshore or sea-bed to freehold, notwithstanding that the foreshore or sea-bed have now been reclaimed, would tantamount to a circumvention of the prohibition in section 76 and hence be ultra vires the NLC.

When contacted, land commentator Prof Salleh Buang, who is currently a visiting professor at Universiti Teknologi Malaysia (UTM), said the NLC was very clear that the lease for state foreshore land cannot exceed 99 years.

“The law says it very clearly. It is on record that you cannot make such land freehold,” he said. He stressed that the state should be careful to ensure public access remains in foreshore areas.

“If you allow seafront to be freehold, what would happen to open public access to the area?” he asked.

In the press report, lawyer Agatha Foo pointed out a proviso in section 76 of the NLC, which Lim had overlooked in his assembly reply. Foo noted that the proviso expressly prohibits the state from disposing of “any part of the foreshore or sea-bed for a period exceeding ninety-nine years”. The proviso had been inserted when section 76 was amended in Parliament in 1985. “Consequentially, the said proviso would also prohibit the state from re-alienating or converting any part of the reclaimed foreshore or sea-bed to freehold land.” “Any subsequent attempt by the state to re-alienate or convert any part of the foreshore or sea-bed to freehold, notwithstanding that the foreshore or sea-bed have now been reclaimed, would tantamount to a circumvention of the prohibition in section 76 and hence be ultra vires the NLC.

A lot of critics were puzzled by the fact how can the Chief Minister miss a crucial proviso in the National Land Code?

The truth is now being revealed!

The Chief Minister has since wanted to convert a 1.4ha seafront site, adjacent to the 124-year-old Eastern and Oriental (E&O) Hotel along Lebuh Farquhar, from leasehold to freehold on his free will.
The heritage enclave of George Town in Penang may see a waterfront development soon.

It is learnt that YTL Corp Bhd will embark on a project, through joint-venture company PDC Heritage Hotel Sdn Bhd, to build luxurious condominiums and an eatery on a 1.4ha seafront site adjacent to the 124-year-old Eastern and Oriental (E&O) Hotel along Lebuh Farqhuar.

PDC Heritage was set up about a decade ago, with YTL Corp holding 51 per cent stake and Penang Development Corp (PDC) the remaining 49 per cent.It is not known if PDC has since divested its interest in the joint-venture company.

According to sources, the project will feature six blocks of high-end condominiums.

A double-storey building housing food and beverage outlets will also be built on the site where two dilapidated heritage structures are currently standing.

However, the development value of the proposed project is not known.Local authorities gave PDC Heritage approval in June this year to convert its prime seafront land from leasehold to freehold status.

The land, bordered by the E&O Hotel and St Xavier’s Institution, was originally state-owned and had nine pre-war buildings.

In 1996, the land on which sat government staff quarters, the former Public Works Department district engineering office, watchman’s quarters and a garage, was alienated to PDC.

In 1998, PDC came under fire from heritage activitists when it demolished the 80-year-old buildings without local council approval to make way for a five-star hotel, which was to be developed by PDC Heritage Hotel.

YTL Corp group managing director Tan Sri Francis Yeoh could not be reached for comment.

By Business Times (by Marina Emmanuel)

Does Lim Guan Eng have something to hide from Penangites when he defended Koh Tsu Koon's decision on the Queensbay land conversion controversy?

Did Lim Guan Eng learn anything from the Queensbay land conversion controversy?

Lim Guan Eng has no excuse to pledge ignorance on the proviso.

Why Lim Guan Eng opted to flout the National Land Code proviso by converting the 1.4ha seafront site adjacent to the 124-year-old Eastern and Oriental (E&O) Hotel from leasehold to freehold?

The PDC heritage project is within the heritage enclave which means it must comply to the height requirement of not taller than 18 metres.

Without the conversion from leasehold to freehold, the project will not have sufficient commercial value to sustain.

Does Lim Guan Eng want to mislead us again that the prime seafront land which is a state land can not be considered as a foreshore land?

I am calling all concerned Penangites to stand out and voice their concern over the conversion of reclamation land from leasehold to freehold.

We want a state government that abide by the law and not to find any loophole to circumvent any proviso of the National Land Code when dealing with state land.

Related news items:
Post a Comment