View issues with Tan Seng Giaw

Wednesday, July 18, 2007

Review the National Land Code and prevent land fraud.

DAP National Deputy Chairman and MP for Kepong Dr Tan Seng Giaw proposes that the Government review the National Land Code so as to amend it to prevent land fraud.

Dr Tan comments on the decision of the Court of Appeal 0n 13 July, 2007, that a controversial Federal Court ruling on the land forgery case in 2001 was wrongly decided.

In 2001, the Federal Court ruled on the Adorna Properties Sdn Bhd versus Boonsom Boonyanit in favour of a bona fide purchaser of land whose ownership had been forged and against Boonsom who owned the land. Now, two brothers, Au Meng Nam and Ming Kong, also lost their land to forgers. The Court of Appeal ordered that the title to the property be registered in their names.

Eleven years ago, two forgers whon claimed to be proprietors to the land, sold the property to Ung Yak Chew. The Au brothers filed an action at the High Court in Johor Baru. The court dismissed the suit on the grounds that Ung was a bona fide purchaser. It followed the doctrine of stare decisis (binding precedent). The Adorna Properties Sdn Bhd versus Boonsom Boonyanit case was the precedent.

Sri Ram said:"No court in this country need to follow it if it can be demonstrated that it was wrongly decided."

We hope that the Government review the National Land Code such as Section 340(3) with a view to amend the relevant section. There should not be recurrence of such cases.

Owing to various factors, the Natural Resources and Environment Ministry does not have a complete record of similar cases. It indicates that up to April, 2007, the Federal Land and Mine Department collects 105 such cases. The ministry believes that most cases are due to conventional fraud with forged documents, not because of weakness in the National Land Code or the computer system, but other factors especially human greed.

Two months ago, two brothers from Jinjang North found that their ancestral land had been taken over by forgers. Apparently, four suspects have been apprehended and they will be charged in court.

We have brought up the issue in parliament. However, the land and mine departments and the ministry must keep a more complete record of fraud cases. After 50 years of Merdeka, we must have better data on land matters.

All land and mine departments need better cooperation with the police, the skills to identify false documents, the use of chips and the training for clean, efficient and trustworthy personnel.

Dr Tan Seng Giaw

Sunday, July 08, 2007

Review the reasons for the relative lack of investment in Malaysia from countries such as China, 8.7.2007.

DAP National Deputy Chairman and MP for Kepong Dr Tan Seng Giaw presses the Government to review the reasons why some countries such as China have relatively little investment in Malaysia, whereas they invest heavily in the United States and Africa.

Dr Tan comments on the media reports of trade delegations from China, Hong Kong and Japan (led by its Prime Minister) intending to visit the Iskandar Development Area (IDA) 0n 8 July, 2007.

Exchanging trade delegations and encouraging foreign investment are normal activities. Tomorrow, I am going to resume my speech in Parliament, asking the Government to explain the benefits and otherwise of sending and receiving trade delegations since 1990. How much genuine investment has there been in the last 17 years?

We welcome trade delegations from Japan, China and Hong Kong, hoping that they will invest in the country including IDA. We wish that some of the Members of Parliament from Johor will not sing a different tune.

On 6 July, 2007, I began my soeech in Parliament on the debate on the Bill to amend the Promotion of Investments Act 1986. MPs from Johor said that they would not sing a different tune on foreign such as China's investments.

The Bill includes investment incentives approved in the 2001, 2002, 2003, 2004, 2005 qnd 2006 budgets. Malaysia is one of the countries that use foreign direct investment to create active economy, such as bringing in capital, transfer of technology and job opportunities. For instance, there are tax incentives for pioneer status and investment allowance. What is the cost-benefit analysis for such incentives?

According to the Economic Planning Unit, the total foreign investment in 2004 was RM 28.774 billion, 2005 RM 31. 057 billion and 2006 RM 45.993 billion. What were the genuinme investments?

In 2006, 21.8% of foreign investment came from Japan, 12.7% Australia, 12.2% United States (in 2005 28.8%), 9.3% Singapore (in 2005 16.3%), 3.2% United Kingdom, 2.0% Taiwan, 1.1% Germany, 0.4% France and 37.2% others. Clearly, investment from China is negligible.

Tomorrow, I am going to speak more on foreign investments in Parliament. While the Government is promoting IDA, it must review the reasons for the relatively lack of investment from countries such as China, compared with their investments in the United States and Africa. Is Malaysian economic policy a factor?

Dr Tan Seng Giaw