Johor’s biggest corruption cases: land and housing scandal, slapped with 33 counts of graft


TWO IN COURT: Abd Latif (right) being brought to the Johor Baru Sessions Court by anti-graft officers. He is alleged to have abetted property consultant Amir Shariffuddin Abd Raud (left) in the land development scandal.

After weeks of investigation, state executive councillor Datuk Abd Latif Bandi is finally brought to court to face 33 counts of graft. The land and housing scandal – one of Johor’s biggest corruption cases – is however set to widen as graft busters warn of more suspects to be charged soon.


MACC expected to haul up more people in land and housing scandal

JOHOR BARU: One of the state’s largest corruption scandals is about to get bigger as more people are expected to be hauled up to court in the coming weeks.

Malaysian Anti-Corruption Commission (MACC) deputy chief commissioner (operations) Datuk Azam Baki said they might be charged with the case involving Johor executive councillor Datuk Abd Latif Bandi either this month or next.

Among those to be charged, he said, were those who had been arrested previously.

However, he declined to reveal their names so as not to jeopardise MACC’s investigation, saying that no VIPs were involved.

“We are in the midst of completing our probe with the Deputy Public Prosecutor before charging them in court soon,” he told reporters after meeting MACC investigation director Datuk Simi Abd Ghani and Johor MACC director Datuk Azmi Alias here yesterday.

Azam said it was also possible for Abd Latif, who was jointly accused with property consultant Amir Shariffuddin Abd Raud of committing 33 counts of graft yesterday, to face another round of charges then.

It was reported that eight suspects, including Abd Latiff ’s eldest son as well as his special officer, were nabbed by the MACC on Feb 24.

Anti-graft officers detained them after sifting through stacks of documents seized from the state government and developers.

They also seized luxury goods, including 21 cars such as Bentley, Mercedes-Benz and Porsche, five high-powered motorcycles and 150 handbags.

On its probe into the purchase of real estate in Australia by Mara Incorporated Sdn Bhd, Azam said MACC called up 24 witnesses and visited seven premises, including a law firm, the offices of both Mara Inc and an appraiser, and their associates.

“All related documents have also been seized. We have gathered more new information, and it is a continuous investigation from the previous case in 2015,” he said.

“We need more time to complete this case as it involves another country.

“We have put in a request under a mutual legal assistance with the Australian AttorneyGeneral’s office but have yet to receive any response.

“We will also prepare the documents to be sent to Australia,” he said.

MACC had previously recorded the state- ment of suspended Mara chairman Tan Sri Annuar Musa over the same investigation.

Annuar also handed over several documents relevant to the case.

The issue came to light after Australian newspaper The Age claimed that several senior Mara officials and a former politician had spent millions of Malaysian Government funds to buy an apartment block, known as Dudley International House, in Melbourne

Azam said his officers were also in the midst of preparing a report into alleged match fixing by football players from the Malaysian Indian Sports Council-Malaysia Indian Football Association.

“We expect this case to be completed within two to three weeks after we hand over the report to the deputy public prosecutor for charging.

Source:The Star headline news

Slapped with 33 counts of graft

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JOHOR BARU: State executive councillor Datuk Abd Latif Bandi has been charged in the Sessions Court here with 33 counts of graft, the earliest of which stretches back to just six months after he assumed office.

TWO IN COURT: Abd Latif (above) being brought to the Johor Baru Sessions Court by anti-graft officers. He is alleged to have abetted property consultant Amir Shariffuddin Abd Raud (below) in the land development scandal.

Abd Latif, 51, was sworn in to his post as Johor Housing and Local Government Committee chairman in 2013 and according to the list of charges, he allegedly abetted property consultant Amir Shariffuddin Abd Raud on Nov 13 that same year to convert bumiputra lots into non-bumiputra lots.

Yesterday, the court interpreter took about 15 minutes to read the list of charges to each of the accused in the case, considered one of the biggest corruption scandals in the state.

In total, Abd Latif is said to have abetted Amir, 44, to convert 1,480 houses.

He is also accused of helping to reduce the quantum of payment that developers had to contribute towards the Johor Housing Fund for converting these lots.

The offences, the last of which supposedly took place on Sept 13, 2016, involved payments of between RM100,000 and RM3.7mil.

Totalling some RM30.3mil, this involved development projects in Kota Masai, Tebrau, Kulai, Kempas, Nusajaya and Johor Baru.

Among the converted lots were apartments, double-storey terrace homes, cluster houses, cluster industrial lots, semi-Ds and bungalows.

Abd Latif was charged under Section 28 (1) (c) of the Malaysian Anti-Corruption Commission (MACC) Act for abetment, which was read together with Section 16 (a)(B) for accepting bribes.

Amir was charged with 33 counts under Section 16 (a)(B) for accepting bribes for himself and Abdul Latif.

Judge Mohd Fauzi Mohd Nasir set bail at RM2mil in one surety for each of the accused and ordered their passports to be surrendered until the trial was over. He also fixed May 23 for mention.

At press time, only Amir posted bail while Abd Latif, who was unable to raise the amount, was sent to the Ulu Choh detention centre.

Earlier, 15 minutes after Abd Latif and Amir were ushered into the packed courtroom, a defence lawyer stood up and asked for their “Lokap SPRM” orange T-shirts to be removed.

Both Abd Latif, who took time to hug and shake the hands of several people, and Amir then changed into long-sleeved shirts.

Abd Latif was represented by a six-man legal team led by Datuk Hasnal Rezua Merican while two lawyers, headed by Azrul Zulkifli Stork, stood for Amir.

The case was prosecuted by MACC director Datuk Masri Mohd Daud, with assistance from Raja Amir Nasruddin.

Source: The Star by Nelson Benjamin and Norbaiti phaharoradzi

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Extraordinary man from Middle Kingdom


 Dr. Huang Huikang

China’s top representative in Malaysia has made waves in a way that has earned much respect albeit with  raised eyebrows at times

DR Huang Huikang (pic) is no ordinary ambassador. This Chinese envoy has become one of the most-watched diplomats in Malaysia.

As China’s ambassador to Malaysia, he represents his country in important government and political functions here and works hard to promote bilateral ties, trade and investment between the two nations.

Like his predecessors, he mingles well with local Chinese leaders, praising the community for its sacrifices and devotion made over the decades in the development of Chinese education in Malaysia.

But unlike his low-key predecessors, this diplomat hands out cash donations to Chinese schools in a high-profile manner and celebrates Chinese New Year with locals.

The 62-year-old doctorate holder in international law and former law professor, who began his posting here in January 2014, has the poise of an envoy but stands out among his peers with his unconventional mannerism. While other ambassadors are usually more measured in their statements, he does not hesitate to make comments that may raise anxiety.

At official functions, Dr Huang is addressed as “ambassador extraordinary and plenipotentiary” – an ambassador’s official title in full. This may be no exaggeration.

Having served as vice mayor of Tangshan in Hebei province and completed stints as deputy consul-general in New York and minister counsellor-cum-deputy chief at China’s embassy in Ottawa, Dr Huang is a seasoned spokesman for China.

Late last year, he was re-elected as a member of the International Law Commission at the United Nations.

Here are snapshots of Dr Huang:

Role in vast investments

The role played by Dr Huang in bringing in large Chinese investments has put him in good stead.

Chinese Premier Li Keqiang’s visit here in 2015 was crucial to Malaysia and the Middle Kingdom.

When Prime Minister Datuk Seri Najib Tun Razak visited China in November last year, Dr Huang was also seen in Beijing. The trip resulted in the signing of deals and investments totalling RM144bil.

Of late, there has been quite a number of visits by China’s central departments, provinces and cities here to promote trade and forge closer ties.

The influence of Dr Huang is pervasive.

When China’s investments in Malaysia came under attack by some opposition politicians, he crafted a strongly-worded statement to these unnamed politicians, explaining how China could help the local economy and its people. But to these naysayers, China is stealing jobs, eating into the economic pie and depriving opportunities to small and medium businesses.

Once, during a nationwide tour of Malaysia, he cautioned that “slander, vilification and obstruction” could dampen the enthusiasm of Chinese firms.

Chinese investments in Malaysia

With investments from China coming to Malaysia in a never-seen-before scale, particularly under China’s Belt and Road initiative, Dr Huang has hinted that Malaysia should not take all this for granted.

Chinese enterprises are encouraged to venture into Malaysia because of the close ties between the two countries, he said.

Dr Huang spoke of how China would share the benefits from its economic growth with Malaysia, citing technology transfer and job creation.

Malaysian industries could become world class if they adopt advanced technology, he said.

Though not an economist, he predicted that the value ofthe Ringgit would rise in line with the increased foreign trade and foreign reserves.

To a large extent, Dr Huang’s remarks reflected China’s confidence as a superpower and its responsibilities on the global stage.

Even DAP – after criticising MCA for acting like “China’s agent” with the setting up of the Belt and Road Centre and MCA People’s Republic of China (PRC) Affairs Committee – paid Dr Huang a courtesy call in February.

And Dr Huang, ever the gracious, told the delegation that bilateral cooperation transcended political parties and race.

In the limelight

Dr Huang has gained substantial coverage in the Malaysian media, particularly in the Chinese dailies.

Last year, Dr Huang contributed RM40,000 to eight SJK (C) schools in Sembrong, Johor. Early this year, he gave RM100,000 to five schools in Nilai and Seremban, and another RM200,000 to 10 Chinese primary schools and one secondary school in Raub, Pahang.

While the recipients were grateful to him and possibly China, some saw this gesture as China flexing its financial muscle.

As usual, Dr Huang took it in his stride. He said the embassy would continue to support the development of Chinese education here.

More recently, he went on a high-profile trip within peninsular Malaysia to visit projects with Chinese investments, covering Negri Sembilan, Selangor, Kuala Lumpur, Pahang, Kedah, Malacca and Johor.

His visits were splashed across the Chinese dailies. The spotlight trained on Dr Huang has led to much feedback.

A Chinese community leader told Sunday Star: “He is grabbing so much limelight, even more than our own ministers.”

And a senior government official felt that it was “as though he is a politician on a campaign trail seeking re-election, or attempting to claim credit for the projects.”


Chinatown controversy

He did a Chinatown walkabout a day before the planned “Red Shirt” rally in September 2015 when a group led by Datuk Seri Jamal Yunos threatened a riot at the predominantly-Chinese trading area in Kuala Lumpur.

Accompanied by his wife, Dr Huang distributed mooncakes to the traders for the Mid-Autumn Festival celebration.

He told the media that China was against anyone resorting to violence to disrupt public order and that he would not stand idle if the interests of China’s citizens and firms were undermined. To him, it would be “a waste” if the harmony among the races in the area was jeopardised. However, his remarks were seen by some as an interference in Malaysia’s domestic affairs.

With all his fascinating activities and remarks, the diary of this diplomat will continue to come under the public microscope in the days to come.

Source: The Star by Tho Xin Yi

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Jong-un.

Good time to invest in property now


Better upside: (from left) Knight Frank Sdn Bhd international project marketing (residential) senior manager Dominic Heaton-Watson, Knight Frank Asia-Pacific research head Nicholas Holt, Sarkunan and capital markets executive director James Buckley at the event

KUALA LUMPUR: The slowdown in the local property market has bottomed out, with prices seen picking up later this year, according to property consultancy firm Knight Frank Sdn Bhd.

“We predict a stable rate in 2017 and we will possibly see better upside towards the end of the year or early next year,” Knight Frank managing director Sarkunan Subramaniam said.

“The market has had a few years of contraction and we feel that this year, what will clear up one of the major concerns of most investors is the political uncertainty,” he said at the launch of Knight Frank’s 2017 Wealth Report here yesterday.

According to the report, “political uncertainty” was among the top concerns of its respondents in Asia at 25%.

“We’re going to have elections possibly this year. Once they have cleared, there will be positive movement in the market and that’s why I feel now is a good time to buy property in Malaysia.

“Once the elections are out, the economy will generally start picking up and sentiments will improve. Capital will also start coming in,” he said.

According to the wealth report, potential fall in asset values was the highest concern among its Asian respondents at 30%, followed by rising taxes and tighter controls on capital movement at 28% and 27% respectively.

Going forward, Sarkunan said affordable homes would primarily drive the local property market.

“Affordable homes will still be a driver to an extent, but medium-to-high end properties will also pick up again. Also, when the mass rapid transit (MRT) lines come into the city, it will drive the commercial market there as well.

“We’ve had a lot of decentralisation push over the last 10 years and the MRT will bring office workers to the city.”

Sarkunan pointed out that locations with light rail transit (LRT) and MRT lines, such as Damansara Heights, have bucked the trend in terms of condominium values.

“Prices have actually increased compared with some of the other areas in Malaysia. Transport hubs or transport-orientated developments, such as Kota Damansara, have also seen improvements in prices.”

The Knight Frank 2017 Wealth Report tracks the value of luxury homes in 100 key locations worldwide, including 19 destinations from Asia Pacific.

According to the report, values rose globally by 1.4% on average last year, compared with 1.8% in 2015. Asia was the second best performing world region last year, with prices rising 5.1%.

Australasia was the strongest performing world region with prices rising 11.4% year-on-year.

Source: BY EUGENE MAHALINGAM The Star/ANN

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Penang to set up panel to monitor floods, mudflows, soil ersosion, siltation & pollution


Sabri (fourth left) presenting safety vests to Chow (middle) and Lim to symbolically launch the Ops Lumpur enforcement squad at Komtar.

Putting an end to mudflows

THE Penang government has set up a steering committee to launch ‘Ops Lumpur’ to monitor development activities that could contribute to floods and river pollution in the state.

State Local Government, Traffic Management and Flood Mitigation Committee chairman Chow Kon Yeow is the chairman, while his deputies are state exco members Phee Boon Poh and Lim Hock Seng.

The state Drainage and Irrigation Department (DID) is the secretariat, while committee members comprise those from the local governments, state Economic Planning Unit, state Public Works Department, Department of Environment and district engineers and officers.

Speaking at the launch of the Ops Lumpur enforcement squad yesterday, state DID deputy director S. Ratna Rajah said the committee would make monthly surprise checks at construction sites starting next month.

“Our aim is to ensure that all development comply with the erosion and sediment control plan (ESCP), which is reviewed and approved by the DID.

“The setup of the Ops Lumpur Steering Committee is meant to reduce the risk of flash floods, water pollution and siltation problem,” he said during a briefing at the state DID office in Komtar yesterday.

Ratna Rajah said one of the hotspots was in Paya Terubong, where mudflows and landslips were constantly reported during heavy rain.

He said action could be taken against unregulated project development operators under Section 34 (a) of the Environmental Quality Act, which carries a maximum RM100,000 fine, a jail term not more than five years, or both.

“The authorities can act against developers who have not been given the Environmental Impact Assessment (EIA) and Detailed Environmental Impact Assessment (DEIA) approval, or are caught violating the conditions,” he said.

Ratna Rajah said action could also be taken against the perpetrators under the Street, Drainage and Building Act 1974 (Act 133) by the local councils.

“Under Section 71 of the Act, those who failed to ensure the maintenance on the land, could be slapped with a maximum RM500,000 fine, or five years jail, or both,” he said.

Chow said the steering committee would act as adviser to two Implementation Committees spearheaded by Penang Island City Council mayor Datuk Patahiyah Ismail and Seberang Prai Municipal Council president Datuk Maimunah Mohd Sharif.

“We want to tackle problems like soil erosion and siltation at construction sites, which cause floods and river pollution.

“Our focus is to monitor those project developments with approved plans.

“The landowners, developers, engineers, consultants and contractors should play a role in ensuring they comply with ESCP.

“We need their cooperation so that there won’t be mudflows or river siltation whenever there are heavy rains.

“Sometimes, everything looks good on paper. We need to be at the sites to look for ourselves whether there is any violation of rules and regulations.

“We will visit any ongoing development projects,” he said.

Also present was state DID director Sabri Abdul Mulok.

Source: By Tan Sin Chow The Star/ANN

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China ready to move into the trade and world leadership vacuum created by the US


 China sends out positive signals

CHINA has sent out stabilising messages to the world on its economic, investment and foreign policies since it convened its two most important annual political meetings (“two sessions”) early this month.

The on-going “two sessions” inevitably attract global attention because China’s policies for the year are announced by top leaders at these meetings held in the imposing Great Hall of The People, to the west of Tiananmen Square in Beijing.

For this year, it is even more crucial for other nations to scrutinise the policies of China at the sessions, held from March 3 to 15, as US President Donald Trump has injected too much uncertainty into the global dynamics.

The world is weighed down by anxiety as Trump, who took office in January, abandons globalisation and advocates the return of protectionism. Hence, nations are looking for leadership from the world’s second largest economy, according to analysts.

The two sessions or lianghui refer to the Chinese People’s Political Consultative Conference (CPPCC) that began its session on March 3 and the annual National People’s Congress (NPC, or Parliament) that started on March 5. The CPPCC is China’s top political advisory body set up by the Communist Party of China (CPC) in 1949 after the CPC, led by Mao Zedong then, won the civil war.

Five years later, the legislative NPC was established.

Steady economic growth

China is expected to grow steadily at 6.5% or higher this year as it continues its restructuring and reforms. Last year, the country achieved growth of 6.7%.

China’s Premier Li Keqiang announced on March 5 that the growth target for this year would be around 6.5%, while he addressed more than 3,000 legislators.

This slower growth target shows China is opting for a steady growth to reduce financial risk from excessive borrowing, according to economists.

Like the rest of the world, China expects to continue to experience global headwinds and uncertainties. Indeed, the premier warned of a far more complicated global picture ahead in light of the threat of protectionism.

Alfred Schipke, an economist from the International Monetary Fund, told the South China Morning Post: “Anything between 6-6.5% will be appropriate. The key is to have sustainable growth.”

For this year, China will have to give its leaders more room to push through some painful reforms to deal with a rapid build-up in debt and over-capacity.

Li said he would tackle state-owned “zombie enterprises” producing more coal and steel than needed. And nationwide pollution, caused largely by heavy industries, has to be addressed to bring back blue skies. His list of China’s difficulties also included laziness of some government officials. But will China’s economy continue to slide?

Global Times, the party mouthpiece of the CPC, has this to say in its frank editorial: “There are many problems in China’s economy at the moment. Given that it is now stable on the whole, we do not fear these problems as they will most likely turn into future opportunities for further development.”

The news portal stated that structural reforms in the Chinese economy had been “comprehensively addressed”.

Many enterprises that are heavy polluters have been shut down. The country no longer helps inefficient enterprises to stay afloat.

The current anti-corruption campaign has curbed improper spending to the extent that businesses in classy restaurants and retail sector are badly hit.

“China’s biggest accomplishments in the past years are that it did not stop to make adjustments in its economic transition. Instead, it adjusted itself while continuing to move forward. Now, society has fully adapted to the new normal in the country’s economy,” said Global Times.

Despite having to tackle its own economic problems, China has sent out a heartening message that it will continue to be the strong engine of global growth. Last year, China contributed about one-third of the world’s economic growth.

“China’s steady growth has brought in greater demand, investment and products to the world economy … China will help improve global prosperity and regional infrastructure as it pushes its belt and road initiative,” said Wang Guoqing, spokesman for CPPCC on March 3.

More than 100 countries and organisations have joined the belt and road initiative and over 40 of them have cooperation pacts with China, added Wang.

The belt and road initiative, proposed by Xi in 2013, aims to build infrastructure and trade network to link Asia with Europe and Africa along ancient trade routes.

Since 2013, China has financed and gotten involved in projects on aviation, power, rail, road and telecommunications in participating belt-road countries. It is planning to host a belt and road Summit in May that could see China announcing more multi-billion dollar projects to benefit its trade partners and its own economy.

Opening up further

China had also told the world it would open up further and liberalise more sectors to promote trade and investment.

After the opening of the NPC session on March 5, core leader President Xi Jinping reiterated China’s commitment to “open up wider”.

“China will open up like never before. China’s opening door will not close,” said Xi in his report.

“China’s door will open wider, and China will keep working to be the most attractive destination for foreign investment.”

Xi made the remarks while joining in a panel discussion with lawmakers from Shanghai last Sunday, according to the official Xinhua News Agency.

Foreign firms will be able to get listed on China’s stock markets and issue bonds. They will also be allowed to participate in national science and technology projects.

Foreign firms will also be treated as domestic firms in license applications and government procurement, and will enjoy preferential policies like locals under the “Made in China 2025” initiative aimed at modernising the manufacturing sector.

Service industries, manufacturing and mining will be more open to foreign investment.

Ian Yoong, a former investment banker in Malaysia, opines that Xi’s vows to open up and liberalise sectors “shows that China is ready to take over the mantle from the US as the dominant superpower”.

He tells Sunday Star: “The key themes of President Xi and Premier Li’s speeches are globalisation and liberalisation of trade, totally countering President Trump’s plans for the US.

“This is a signal to the world that China is ready to move into the trade and political leadership vacuum to be created by the US.”

Easing tension in South China Sea

For South-East Asian nations, there was some relief when the Middle Kingdom appears to have softened its tone in South China Sea disputes.

In remarks made on March 3, Wang, the spokesman for the CPPCC placed emphasis on “navigational freedom”, which the US has often advocated.

“As a major trading nation and the biggest country along the South China Sea, China attaches more importance than any other country to navigational freedom and security in the South China Sea.”

This stance was starkly different from the hard tone of previous months, during which China warned the US and Japan to stay away from its “own sea”.

China’s recent naval force demonstrations in South China Sea had also unnerved Asean nations.

Observed Panos Mourdoukoutas, a contributor to Forbes magazine: “The shift in China’s tone in the South China Sea disputes comes as a relief for investors in Asian equities.”

But what is more comforting for Asean is that last Wednesday (March 8), China’s Foreign Minister Wang Yi announced that the first draft of a code of conduct (COC) for behaviour in South China Sea disputes has been completed.

He told a press conference: “Tension in the waterway has eased notably.”

Since 2010, China and the 10-member of Asean have been trying to work out a set of rules aimed at avoiding conflicts among nations laying rival claims over the waters.

China, which lays sovereign claim to over 80% of the resource-rich South China Sea through which US$5tril (RM22tril) worth of trade passes every year, has often stated it prefers to resolve disputes via peaceful talks with rival claimants – the Philippines, Malaysia, Vietnam, Brunei and Taiwan.

Wang vowed China would not allow this new stability in South China Sea to be “disrupted and damaged” by outsiders.

There have been sporadic incidents between US and Chinese ships in the South China Sea. Late last year, a Chinese ship seized a US navy underwater drone off the Philippines, but later returned it.

Korean Peninsula crisis

At his press conference, China’s Foreign Minister also addressed the most pressing issue for the region now – the possibility of a war exploding at Northeast Asia.

North Korea recently launched four short-ranged ballistic missile in response to large-scale military drills held by the US and South Korea. It was reported that these launches were aimed at US military bases in Japan.

Wang proposed “double suspension” to defuse the crisis, urging North Korea to suspend its nuclear and missile activities while the United States and South Korea to cease their war games.

Describing the two parties as “two accelerating trains coming towards each other”, Wang said China was willing to be a “railway switchman” to switch the issue back to the right track.

But US Ambassador to the United Nations Nikki Haley promptly responded that the US must see “some sort of positive action” from North Korea, while Cho Tae-yul, South Korea’s UN ambassador, said: “This is not a time for us to talk about freezing or dialogue with North Korea.”

CPC’s Global Times, in its editorial, opined Wang’s solution is “the only way out” to resolve the North Korean nuclear issue peacefully.

The North Korean nuclear issue is not created by Pyongyang alone, it argued.

Although North Korea’s development of a nuclear programme is wrong, Washington and Seoul are the main forces that have pushed North Korea to this path, it added.

“Now, they want to stop Pyongyang from going ahead, while refusing to reduce the impetus they are giving to North Korea. When they failed to reach their goal, they blame China for not being cooperative enough,” said the editorial.

Despite the negative response to China’s proposal, Global Times opines Wang’s handling of the press conference “displays confidence of the country”.

By Ho Wah Foon The Star

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Protecting house buyers’ interest


I REFER to the reports “Court: No power to grant extension” and “A fair and right judgment, says housing developer” ( The Star, Feb 28 – Developer has to compensate buyers for delays of projects, Court says).

The High Court decision declaring as ultra vires (beyond one’s legal power or authority) the Housing and Local Government Minister’s granting of a one-year extension of time (EOT) to developers to complete a delayed housing project and thus denying house buyers liquidated and ascertained damages (LAD) provided for under the sale and purchase agreement is timely, sound and indeed meritorious. It is hoped that the decision would be maintained should the minister decide to appeal it.

The Housing Development (Control and Licensing) Act 1966 was enacted for the protection of home buyers.

The long title of the Act (paragraph stating Parliament’s intent for the Act) says: “An Act to provide for the control and licensing of the business of housing development in Peninsular Malaysia, the protection of the interest of purchasers…” This makes clear that the housing development business is regulated to ensure that the protection of home buyers’ interest is paramount.

Two eminent judges, the late Tun Mohamed Suffian, former Lord President of Malaysia, and the late Tan Sri Lee Hun Hoe, the longest serving Chief Justice of Borneo, stated this in two landmark cases respectively.

Suffian LP (Sea Housing Corporation v Lee Poh Chee): “To protect home buyers, most of whom are people of modest means, from rich and powerful developers, Parliament found it necessary to regulate the sale of houses and protect buyers by enacting the Act.”

Lee Hun Hoe CJ (Borneo) (Beca (Malaysia) Sdn Bhd v Tan Choong Kuang & Anor): “The duty of observing the law is firmly placed on the housing developers for the protection of house buyers. Hence, any infringement of the law would render the housing developer liable to penalty on conviction.”

Respectfully, it is submitted that the decision to grant the developer of a housing project extension of time and thus deny the home buyers’ statutory rights to LAD ought to be exercised with diffidence. The decision, if any, ought to be made with the Act’s long title in mind, namely, “for the protection of interest of purchasers”.

In doing so, some aspects to consider are:

> In granting EOT, how will home buyers’ interest be protected?

> LAD is agreed monetary payment for home buyers’ losses for delay in completion of a housing project. Is denying home buyers’ the LAD by the EOT tantamount to protecting their interest?

Although Section 11(3) of the Act states that the developer under “special circumstances” may apply to the Controller of Housing for EOT, it is submitted that Parliament and the long title of the Act surely did not intend LAD to be wiped out by “a stroke of a pen”.

To avoid doubt, “special circumstances” would mean act of God or natural disaster, for example earth quake or tsunami, and not business or economic related challenges or hardship.

The above view would make legal sense of Section 11(3).

Again, the High Court decision is lauded.

Home buyers’ interest is of paramount importance under the Housing Development (Control and Licensing) Act 1966. The Controller of Housing’s or Minister’s decision, although seemingly made “by a stroke of a pen”, must materialise or recognise this intent. Failing to do so would be ultra vires the Act.

May the redeeming light of the Housing Development Act (Control and Licensing) 1966 continue to shine effervescently and protect effectively home buyer’s interest for many years to come.

This letter is dedicated to the National Housebuyers Association, its great team of lawyers, professionals and volunteers for their sterling and pro-bono efforts to speak up for and preserve home buyers’ interest.

Source: ROBERT TAN,  Home buyer and author of Buying Property From Developer: What You Need To Know And Do, Petaling Jaya

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Investing in property to let may not be a good idea


Buying to rent may not be a good idea

RENTING out a house or apartment used to be a source of income that would help to pay back the loan instalment or increase one’s available income.

Today, this is no longer a good idea, particularly for those whose income is just enough to meet their needs in the near- or short-term. This is because many people have become less honest.

Those who buy a property with the idea of renting it out may find themselves dealing with a delinquent tenant. To illustrate the situation, I reproduce part of a letter from a reader who is having sleepless nights.

“I have rented an apartment to a Bangladeshi family for a monthly rent of RM900 for several years without a written tenancy agreement. The rental payment went on smoothly until roughly nine months ago, when the tenant started delaying payment of both rental and water.

The rental and water payment was owed several months. Every time he said he would pay, but ended up not paying. He now owes me more than three months rent and more than six months water and has refused to move out, saying he needs time to find a place.

What can I do to get him out, if he continues staying without payment? People have advised me to lodge a police report and get the Rela to forcibly move him out. Is it legal to cut off the water and/or force the tenant out?”

To start with, it is legally wrong to disconnect the electricity or water. Once rented out, the tenant acquires a special kind of right to be on the premises.

A breach by him allows the landlord to terminate the tenancy. Thereafter the tenant becomes liable to pay double rent. The landlord should get a court order to evict him. I don’t think making a police report or approaching Rela will help.

This does not go very far in hel­ping the reader, but what I have to say could help readers who are renting out their property of the type referred to, or who are planning to do so.

Such a person should consider carefully whether he has sufficient spare funds if he is taking a loan. If he is a cash buyer or has resources to pay the instalments then it is fine.

This is because rent will not roll in immediately once the property is ready. There will be a need to spend time and money on putting in some basic fixtures. Time may be required to find a tenant.

In the meantime, the loan instalments will become payable and if he is unable to pay, these will add up and attract penalty interest, increasing the amount of the loan. There will be an added problem if the tenant is only able to pay rent which is less than the instalment.

So what could a landlord do to safeguard himself? The landlord should have a written agreement, and should require at least three months’ deposit at the outset and one month’s rental in advance, with the rental to be paid on or before the seventh day of each month, if not earlier.

Breach of these requirements would entitle the landlord to terminate the tenancy forthwith and require vacant possession.

Once the landlord has put himself in this position, he must monitor the payment of the rent. The tenant may pay late, but the landlord must not keep quiet. When there is a delay in payment but he pays within the month, you must give him a warning that the late payment is a breach.

The need to do this every month is important, because if the landlord allows the tenant to do this repeatedly, the law may regard this as acquiescence and a waiver by the landlord of the obligation to pay on the stipulated date.

If the tenant has not paid for two months the landlord should, by the middle of the second month, terminate tenancy and ask him to vacate the premises. At this stage the landlord has one and half month’s deposit, which allows him to have time to take meaningful action against the Tenant.

Chances are that if the landlord proceeds with such promptness, the tenant will come forward and resolve the matter.

As a term for allowing the tenant to stay on, the landlord could require the tenant to pay the legal costs. In such an event, the tenant would in future pay the rent regularly or he would leave, allowing the landlord to let the premises to another tenant.

Going to court can be costly, but the landlord should not just give up. He should approach a lawyer who can help him with the problem. Not all lawyers are out to make big profits from every client. Some lawyers will even do it for a very low fee, just to help the tenant.

Going to court will look harsh and is something that the owner may not like to do. This is because, at the point of renting, tenants project themselves as very decent and nice people who have every intention of paying the rent promptly. The issue here is: does the owner want his rent to be paid?

If the owner wants to be kind, then the tenant is likely to take advantage of him and drag on the non-payment. Of course, if the landlord is so inclined, he must be prepared to pay the price for being nice.

Law For Everyone By Bhag Singh The star

Any comments or suggestions for points of discussion can be sent to mavico7@yahoo.com. The views expressed here are entirely the writer’s own.

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