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Wednesday, October 24, 2012

Taman Manggis land issue in Penang, a ‘Robin Hood story' or soap opera?

The twists and turns in the Taman Manggis land issue in Penang is starting to resemble a soap opera but it has also raised the question of whether the legal procedures are observed in the sale of state land.




THE showdown over a plot of land known as Taman Manggis or “mangosteen garden” in the heart of George Town is about to erupt in another slanging match on Nov 3.

Dubbed by some as the “Robin Hood story”, the Taman Manggis land has become one of the most controversial issues in Penang.

It has also become a rather entertaining saga of gamesmanship between Chief Minister Lim Guan Eng and his political secretary Ng Wei Aik on one side and the state Barisan Nasional Youth on the other.

The 0.4ha of land had been designated for affordable housing but before the project could take place, Barisan was toppled.

Lim’s administration has since reportedly sold the land for RM11mil to a Kuala Lumpur company that is planning to build a health tourism facility that includes a private dental hospital and hotel on the site.

That was how the Robin Hood thing came about, but with a twist where Barisan is accusing the Pakatan Rakyat government of being a distorted version of Robin Hood by taking land meant for the poor to give to the rich.

When Barisan accused the state government of selling the land at below market rate, Lim challenged it to buy the land for RM22.4mil. Lim probably thought Barisan would not take up the dare. After all, RM22.4mil is not small change.

But Barisan agreed and announced that it had set up a special purpose company to buy and develop affordable homes on the land.

Caught on one foot, the state government was forced to respond and Ng issued an offer letter to Barisan. And that was when the soap opera began.

The Barisan side led by its State Barisan Youth chief Oh Tong Keong proceeded to pay 1% earnest money as is called for in such transactions.

The next step, as anyone would know, is for the lawyers from both sides to draw up a sales and purchase (S&P) agreement.

Once that is signed, the buyer would pay the balance of the requisite 10% and depending on the terms and condition, the full amount is usually paid within three months or more.

This is to enable the buyer to raise funds or secure a loan from the bank.

However, following the 1% payment, Lim demanded that the Barisan pay up the rest of the amount within a month.

The outlandish demand saw a few jaws drop on the Barisan side. First, it is not possible for Barisan to cough up that kind of money in so short a time.

Another was the audacity of the demand.

“There is no S&P agreement in sight and the seller is demanding the full amount. Do they understand the laws of transaction? Without an S&P agreement, no one would want to pay RM22.4mil,” said architect Khoo Boo Soon.

Khoo, who was the former building director of the Penang Island Municipal Council (MPPP), is quite appalled at the frivolous way that state property is being treated.

He is incredulous that state land is being sold based on an offer letter by a political secretary on the instruction of the Chief Minister.

“I have been a government servant for more than 17 years. As far as I know, land transactions have to be discussed and decided by the state exco, the state legal adviser has to be consulted, the state secretary has to be involved. It cannot be a one-man decision, both parties need to sign an S&P agreement,” said Khoo.

The Barisan side was more direct. “This is government land, it belongs to the people. The land does not belong to the Chief Minister’s grandfather. We are not buying a bicycle or a car, this is about public land costing millions of ringgit,” said Oh.

The Barisan side had on Oct 3 written to the state government requesting for an S&P agreement before they proceed to pay up the rest of the money.

On Oct 8, the state secretary wrote back asking them to refer to the offer letter and to pay up within a month.

To compound this half-past-six state of affairs, rumours abound that the land has actually been sold to the Kuala Lumpur company.

No one can tell for sure because the state government has been tight-lipped about the issue.

Requests for information on the actual status of the land has run up against a stone wall.

On top of all that, the house that Lim is renting in Penang reportedly belongs to the wife of the major stakeholder of the Kuala Lumpur company.

The lady is also the cousin of state exco member Phee Boon Poh. The implication of all this is unclear but it does add spice to the story.

Many people following this soap opera are quite confused but that is what makes soap operas so addictive – there are lots of twists and turns.

The more discerning think Lim has no intention of selling the land to Barisan, hence the conditions and obstacles put in the way.

Some suspect the delay tactics are aimed at making Barisan give up.

But it would be a blow to Lim’s administration if the Barisan people actually purchased it and proceeded to build low-cost housing.

Lim would lose face, particularly given that his administration has failed to build any affordable housing since coming into power.

To make matters worse, this is happening amid an inflated property market on the island and where house prices have soared beyond the reach of 80% of wage earners.

Lim should be transparent about the issue. If the land has been sold, he should admit it.

If it is still in the state’s hands, then he should do the decent thing and use it for its original purpose.

Instead he is angry at being criticised and is punishing those who want to build affordable homes by doubling the price of the land.

A Penang lawyer said he is not surprised about the “Robin Hood issue”.

“What shocks me is the silence on the part of the Penang NGOs. They used to be so vocal on issues affecting public interest,” said the lawyer.

In the meantime, the countdown to Nov 3 has begun.

ANALYSIS BY JOCELINE TAN The Star/Asia News Network

P/S:  Landlady of CM’s residence is not wife of company stakeholder

Regarding the Taman Manggis land, the Star and State exco member Phee Boon Poh clarified yesterday that the woman in question is his cousin, she is not married nor is she the wife of the company stakeholder.

“My cousin and the stakeholder are just business partners,” he said.

The Taman Manggis land which had been designated for low-cost housing by the former Barisan Nasional government, became an issue when the Lim administration decided to sell it to a Kuala Lumpur company to develop a health tourism facility that includes a private dental hospital, hotel and multi-storey car park. 

Related post:
Land sold for a song? Aug 11, 2012

Tuesday, October 23, 2012

Former badminton star admitted a British barrister-at-law and now an advocate and solicitor of Malaysian High Courts

Raising the bar: Ang showing her admission petition to her father Chin Huat. Looking on is her mother Yoong Lai Chun and sister Annie. 
 
KUALA LUMPUR: She used to be a star in the badminton court but now it is the court of law that beckons gutsy Ang Li Peng.

She has created history by being the first Commonwealth badminton gold medallist to be called to the Malaysian Bar.

The national badminton player overcame the odds, including the language barrier, to achieve her ambition, which seemed like a dream seven years ago.

“I am over the moon. I never thought this day would finally come. Thank God, everything turned out beautifully today. It is amazing, it is like a dream come true,” the 31-year-old said after being admitted and enrolled as an advocate and solicitor of the High Courts in Malaya at the Jalan Duta Court Complex here along with others.

The petition was made by lawyer Tan Sri Cecil Abraham at the Appellate and Special Powers High Court before Justice Abang Iskandar Hashim.

Besides family members and friends, Kuala Lumpur Racquet Club founder Datuk Seri Andrew Kam and Olympic Council of Malaysia honorary secretary Datuk Sieh Kok Chi turned up to show their support.

Ang posing with her gold medal at the 2002 Commonwealth Games in Manchester.
Ang posing with her gold medal at the 2002 Commonwealth Games in Manchester.
 
Ang, who read law in Britain and has been a barrister-at-law at Middle Temple since last November, said she wanted to become a lawyer because as a badminton player, she believed in fair play and justice.

But the road to success was not an easy one. She managed to do her A-levels at the age of 24 and had to overcome her struggles with the English language.



“I did not speak good English. I could not even construct a sentence properly,” said Ang, who had studied at a Chinese medium school.

“That is why I'm very pleased for being able to graduate with a British law degree. I kept practising and will keep practising,” she added.

Ang, who is now pursuing her post-graduate studies in law in London, said she still had a lot to learn.

“The transformation from one court (badminton) to the other is challenging but I will continue to work hard and focus on being a better lawyer,” said the former doubles champion, who plans to specialise in corporate law.

She said it was very tough to study A-levels seven years after completing her SPM examinations.

“Going back to school was really tough. There were times when I wanted to quit.

“But I decided to remain steadfast with the support of family and friends. Determination is the best way,” said Ang, who retired from professional badminton at the age of 21 after winning the Commonwealth doubles gold in Manchester.

By FLORENCE A. SAMY The Star/Asia News Network

BJCC renamed Penang Golf Club, welcome to the newly upgraded Penang Golf course

THE renovation project at the 18-hole Bukit Jambul Coun-try Club (BJCC) golf course in Penang has been completed well ahead of its scheduled time.

The upgraded section is slated to open to golfers starting this Saturday.

Island Golf Properties Bhd chairman Datuk Eiro Sakamoto said the RM11mil golf course, which would be known as the Penang Golf Club, had been completed 14 months ahead of schedule.

“The course has been leng-thened slightly, and is now a par-72 golf course instead of its previous par-71 course.

“Among the upgrading works done were the resurfacing of the tee boxes, fairways and greens as well as the careful tendering of the golf lanes,” he said.

“The bunkers have also been redone. In addition, the subsoil drainage throughout the golf course has also been carried out to allow the smooth flow of rainwater,” he told a press conference at the club premises on Saturday.

All systems go: Sakamoto (left) having a discussion with Penang Golf Club chief operations officer Johnny Khoo at the newly renovated 18-hole golf course
 
Sakamoto said the cow grass at the fairways had also been replaced with Bermuda grass.

“The putting greens, the area surrounding the pin flags, have also been covered with an imported grass known as TifEagle, a hybrid type of cultivated grass that enhances the smoothness and fineness of golf greens,” he said.

Sakamoto also said approximately RM2.5mil had been spent on 100 new all-weather golf buggies for the new golf course.

“In the coming months, we’ll also upgrade the clubhouse building at a cost of RM4.5mil. We already have a new restau-rant known as the Sakurajima Restaurant which serves both Japanese and Chinese cuisines.

“We are now looking at a terrace coffee house and new changing rooms,” he added.

He also said the new golf course with all 18 holes would be open on Saturday during the 2nd Penang Chief Minister’s Golf Tournament.

“Chief Minister (Lim Guan Eng) will launch the game at noon,” he said.

By CAVINA LIM The Star/Asia News Network

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