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	<title>Comments on: Penang High Chaparral Issue, statement by Penang CM</title>
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		<title>By: SpeakUp</title>
		<link>http://blog.limkitsiang.com/2009/06/30/penang-high-chaparral-issue-statement-by-penang-cm/comment-page-2/#comment-182845</link>
		<dc:creator>SpeakUp</dc:creator>
		<pubDate>Thu, 02 Jul 2009 02:13:12 +0000</pubDate>
		<guid isPermaLink="false">http://blog.limkitsiang.com/?p=4892#comment-182845</guid>
		<description>Lee HS ... sad to say but you are correct about most of them. Sad ... suppose to champion for the people&#039;s right (with a fee of course) but they will abuse the system. Cases are usually delayed because of the lawyer and then they tell the clients its the court and all sorts of nonsense.

I have friends who are court interpreters and they tell me this ... after a case the litigant who is ignorant about law will ask them &quot;Is it true the judge was paid off?&quot;. The lawyer tells this to the client. This is sad ...</description>
		<content:encoded><![CDATA[<p>Lee HS &#8230; sad to say but you are correct about most of them. Sad &#8230; suppose to champion for the people&#8217;s right (with a fee of course) but they will abuse the system. Cases are usually delayed because of the lawyer and then they tell the clients its the court and all sorts of nonsense.</p>
<p>I have friends who are court interpreters and they tell me this &#8230; after a case the litigant who is ignorant about law will ask them &#8220;Is it true the judge was paid off?&#8221;. The lawyer tells this to the client. This is sad &#8230;</p>
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		<title>By: Lee HS</title>
		<link>http://blog.limkitsiang.com/2009/06/30/penang-high-chaparral-issue-statement-by-penang-cm/comment-page-2/#comment-182823</link>
		<dc:creator>Lee HS</dc:creator>
		<pubDate>Wed, 01 Jul 2009 18:50:50 +0000</pubDate>
		<guid isPermaLink="false">http://blog.limkitsiang.com/?p=4892#comment-182823</guid>
		<description>Talking about lawyers. This is what I have to say. 
Many of them are good (but not in human sense) in exploitation. They care more for money than anything else, even their race. They will collaborate with anybody even evils that makes their days at your expense. This is how most of them live.</description>
		<content:encoded><![CDATA[<p>Talking about lawyers. This is what I have to say.<br />
Many of them are good (but not in human sense) in exploitation. They care more for money than anything else, even their race. They will collaborate with anybody even evils that makes their days at your expense. This is how most of them live.</p>
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		<title>By: SpeakUp</title>
		<link>http://blog.limkitsiang.com/2009/06/30/penang-high-chaparral-issue-statement-by-penang-cm/comment-page-2/#comment-182806</link>
		<dc:creator>SpeakUp</dc:creator>
		<pubDate>Wed, 01 Jul 2009 14:07:44 +0000</pubDate>
		<guid isPermaLink="false">http://blog.limkitsiang.com/?p=4892#comment-182806</guid>
		<description>Jeff ... the Ulu Temiang case is spot on, they were told that they can obtain title to the land. That is so classic.

Best of all today we see cracks in the whole PR, its so so sad. Today its DAP Kedah, yesterday its PAS Youth who wants to go for some whatever they wanna call talks. Then you got HINDRAF who are making Indian movies. What comes tomorrow?

Why can&#039;t something which has been handed to DAP/PKR/PAS on a silver platter be cherished and well capitalised? The have a nice rally last night to bash BN and then proudly announce what happened before only merely 4,000 people and now PR looks so so stupid. 

Trust me Najib and BN are laughing tonight and planning how to make the cracks bigger. 1Malaysia is not cracking, its PR.

Why is this happening? Because we have clowns for politicians. No. 1 clown is DSAI, then not far behind are people like LKS, Kepala Pusing and a few more. 

Tell me, can any of them ever earn the respect of the rakyat like what Nik Aziz has? LGE needs to learn to be more suave and work on his own PR but he has the calling to be a good politician unlike his dad, sorry to say.

Go read Malaysia Today, all those who were blindly supporting PR with hope are now dissenting. The dissent has grown ... BN is laughing. I think the dream of a better tomorrow has burst.

Where is Malaysia&#039;s hope? What will we leave for our children?

p.s. also please save it if you want to post that BN has screwed us over for over 50 years, that is lame and boring. PR made a promise, they have failed to deliver.</description>
		<content:encoded><![CDATA[<p>Jeff &#8230; the Ulu Temiang case is spot on, they were told that they can obtain title to the land. That is so classic.</p>
<p>Best of all today we see cracks in the whole PR, its so so sad. Today its DAP Kedah, yesterday its PAS Youth who wants to go for some whatever they wanna call talks. Then you got HINDRAF who are making Indian movies. What comes tomorrow?</p>
<p>Why can&#8217;t something which has been handed to DAP/PKR/PAS on a silver platter be cherished and well capitalised? The have a nice rally last night to bash BN and then proudly announce what happened before only merely 4,000 people and now PR looks so so stupid. </p>
<p>Trust me Najib and BN are laughing tonight and planning how to make the cracks bigger. 1Malaysia is not cracking, its PR.</p>
<p>Why is this happening? Because we have clowns for politicians. No. 1 clown is DSAI, then not far behind are people like LKS, Kepala Pusing and a few more. </p>
<p>Tell me, can any of them ever earn the respect of the rakyat like what Nik Aziz has? LGE needs to learn to be more suave and work on his own PR but he has the calling to be a good politician unlike his dad, sorry to say.</p>
<p>Go read Malaysia Today, all those who were blindly supporting PR with hope are now dissenting. The dissent has grown &#8230; BN is laughing. I think the dream of a better tomorrow has burst.</p>
<p>Where is Malaysia&#8217;s hope? What will we leave for our children?</p>
<p>p.s. also please save it if you want to post that BN has screwed us over for over 50 years, that is lame and boring. PR made a promise, they have failed to deliver.</p>
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		<title>By: Onlooker Politics</title>
		<link>http://blog.limkitsiang.com/2009/06/30/penang-high-chaparral-issue-statement-by-penang-cm/comment-page-2/#comment-182772</link>
		<dc:creator>Onlooker Politics</dc:creator>
		<pubDate>Wed, 01 Jul 2009 08:45:07 +0000</pubDate>
		<guid isPermaLink="false">http://blog.limkitsiang.com/?p=4892#comment-182772</guid>
		<description>&quot;I am referring generally to what could happen, has happened in other cases, and how squatters’ Cause is a wonderful leverage to facilitate all these because of its emotive appeal – that we must all fight for social and economic interests of the poor and the landless, and back door, capitalise on this opportumity to make money out of those who have ie. the developer who (win-win) is urged to pass the costs to purchaser….&quot;  (Jeffrey)

After reading Jeffrey&#039;s analysis on the litigation situation and Land Office tug-of-war situation, it is crystal clear that the developer will not likely be able to reap an attractive profit margin if the Penang State Government refuses to cooperate with the developer for the case of Kampung Buah Pala.

If I were the developer, I would had much better picked up a phone and made a call to Lim Guan Eng offering the Penang State Government to buy back that piece of land located at Kampung Buah Pala at my cost price immediately in order to cut losses now before additional holding costs would be billed to me by all my creditors and loan borrowers.  What help can the judiciary system offer me if I as a developer is working against the Penang State Government and against the public opinion?  Even if I am to jack up the sale price of my properties which are to be built at project site of Kampung Buah Pala, I am afraid that the prospective property purchasers may shun buying from me, lest the Penang State Government may delay preparation of strata titles for ever and ever again until the purchasers will lose all opportunities to reap good profit from the property investment due to lack of strata titles.</description>
		<content:encoded><![CDATA[<p>&#8220;I am referring generally to what could happen, has happened in other cases, and how squatters’ Cause is a wonderful leverage to facilitate all these because of its emotive appeal – that we must all fight for social and economic interests of the poor and the landless, and back door, capitalise on this opportumity to make money out of those who have ie. the developer who (win-win) is urged to pass the costs to purchaser….&#8221;  (Jeffrey)</p>
<p>After reading Jeffrey&#8217;s analysis on the litigation situation and Land Office tug-of-war situation, it is crystal clear that the developer will not likely be able to reap an attractive profit margin if the Penang State Government refuses to cooperate with the developer for the case of Kampung Buah Pala.</p>
<p>If I were the developer, I would had much better picked up a phone and made a call to Lim Guan Eng offering the Penang State Government to buy back that piece of land located at Kampung Buah Pala at my cost price immediately in order to cut losses now before additional holding costs would be billed to me by all my creditors and loan borrowers.  What help can the judiciary system offer me if I as a developer is working against the Penang State Government and against the public opinion?  Even if I am to jack up the sale price of my properties which are to be built at project site of Kampung Buah Pala, I am afraid that the prospective property purchasers may shun buying from me, lest the Penang State Government may delay preparation of strata titles for ever and ever again until the purchasers will lose all opportunities to reap good profit from the property investment due to lack of strata titles.</p>
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		<title>By: Jeffrey</title>
		<link>http://blog.limkitsiang.com/2009/06/30/penang-high-chaparral-issue-statement-by-penang-cm/comment-page-2/#comment-182771</link>
		<dc:creator>Jeffrey</dc:creator>
		<pubDate>Wed, 01 Jul 2009 08:36:01 +0000</pubDate>
		<guid isPermaLink="false">http://blog.limkitsiang.com/?p=4892#comment-182771</guid>
		<description>SpeakUp: Thanks for sharing with us your observations on/experience with squatters today at 10: 04.32 . 

The Ulu Temiang (Seremban) squatters, which brought suit against State govt for its alienation to developer Lesco based it on certain letters prior issued by district officers to each of them that they would eventually obtain titles on the state land on which they squatted. So the estoppel was raised though not sure whether one calls it equitable or peroprietary.  

Om your second posting - &quot;DSAI is talking nonsense when he speaks about doing away with English&quot; - this is admittedly a matter of concern, he (seems) to be falling back on the race card, which to me suggests he could be real worried about the imminent Saiful case against him. Which may or may not (depending on view point) be one of motivations why a certain section in PAS may tend to veer towards Unity Talk with UMNO, thinking that it may be a surer way to power or sharing of power than present arrangements of relying on Pakatan Rakyat (held together and led by him) to reach that destination.</description>
		<content:encoded><![CDATA[<p>SpeakUp: Thanks for sharing with us your observations on/experience with squatters today at 10: 04.32 . </p>
<p>The Ulu Temiang (Seremban) squatters, which brought suit against State govt for its alienation to developer Lesco based it on certain letters prior issued by district officers to each of them that they would eventually obtain titles on the state land on which they squatted. So the estoppel was raised though not sure whether one calls it equitable or peroprietary.  </p>
<p>Om your second posting &#8211; &#8220;DSAI is talking nonsense when he speaks about doing away with English&#8221; &#8211; this is admittedly a matter of concern, he (seems) to be falling back on the race card, which to me suggests he could be real worried about the imminent Saiful case against him. Which may or may not (depending on view point) be one of motivations why a certain section in PAS may tend to veer towards Unity Talk with UMNO, thinking that it may be a surer way to power or sharing of power than present arrangements of relying on Pakatan Rakyat (held together and led by him) to reach that destination.</p>
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		<title>By: SpeakUp</title>
		<link>http://blog.limkitsiang.com/2009/06/30/penang-high-chaparral-issue-statement-by-penang-cm/comment-page-2/#comment-182737</link>
		<dc:creator>SpeakUp</dc:creator>
		<pubDate>Wed, 01 Jul 2009 02:10:32 +0000</pubDate>
		<guid isPermaLink="false">http://blog.limkitsiang.com/?p=4892#comment-182737</guid>
		<description>LGE is a man who does not wanna waste time saying nice things only. True he is brash but better that then being a hypocrite right? Sometimes he does stick his foot into his own mouth and don&#039;t we all do that BUT at the end of the day LGE is someone who truly wants to make changes for the people of Penang. Unlike his father who just complains all day.

PR needs to look at itself again. PKR is up to nonsense with their boycotts and frogs and By Elections, PAS is up to nonsense with the unity talks and trying to fish one ADUN of BN ... 

DSAI is talking nonsense when he speaks about doing away with English, if not he is sitting quietly behind as the Tok Dalang, useless man! 

Go read the MT comments about DSAI, you will see he was the evil one behind our education system. You think a leopard will change its spots?

Last night at the PJ rally only 4,000 turned up! Where are the hundreds of thousands? No more now la ... people are fed up with PR nowadays. ITS A FACT.</description>
		<content:encoded><![CDATA[<p>LGE is a man who does not wanna waste time saying nice things only. True he is brash but better that then being a hypocrite right? Sometimes he does stick his foot into his own mouth and don&#8217;t we all do that BUT at the end of the day LGE is someone who truly wants to make changes for the people of Penang. Unlike his father who just complains all day.</p>
<p>PR needs to look at itself again. PKR is up to nonsense with their boycotts and frogs and By Elections, PAS is up to nonsense with the unity talks and trying to fish one ADUN of BN &#8230; </p>
<p>DSAI is talking nonsense when he speaks about doing away with English, if not he is sitting quietly behind as the Tok Dalang, useless man! </p>
<p>Go read the MT comments about DSAI, you will see he was the evil one behind our education system. You think a leopard will change its spots?</p>
<p>Last night at the PJ rally only 4,000 turned up! Where are the hundreds of thousands? No more now la &#8230; people are fed up with PR nowadays. ITS A FACT.</p>
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		<title>By: SpeakUp</title>
		<link>http://blog.limkitsiang.com/2009/06/30/penang-high-chaparral-issue-statement-by-penang-cm/comment-page-2/#comment-182735</link>
		<dc:creator>SpeakUp</dc:creator>
		<pubDate>Wed, 01 Jul 2009 02:04:32 +0000</pubDate>
		<guid isPermaLink="false">http://blog.limkitsiang.com/?p=4892#comment-182735</guid>
		<description>Jeff ... proprietary estoppel is not always what it is in squatter cases. Most come onto the land based on a mere arrangement. In Penang its usually because the land is idle so the landlord asks them to stay and keep it occupied. Other times its because its perhaps a coconut plantation and they landlord needs natural fertilisers so he let&#039;s them occupy to breed pigs or chickens.

You are aware of the pure forms of proprietary estoppel, representation is made, acted upon etc etc ... in squatter cases its not as such. Even if it were it was to the grandfather.

Yes, I read law and I dealt with many squatters in my time, I evicted them all. Dealing with them is nuts. Standard cases where they claim equitable estoppel is usually sorted out by paying them the value of the HOUSE itself. Usually, tens of thousands only. Even with an offer of RM100K they will ask for RM200K.

I cleared homes, temples and graveyards in my time. I always pushed for very fair compensation even when we can go for broke BUT they always push their luck and always have lost in the courts. They then end up with nothing then lament the developer is unfair.

Give you a good example. In Kulim Hitec Park we had a very small estate temple that did not want to move. The offer to move was RM400K and a piece of land nearby. Well, the so called temple committee wanted like RM700K. So we went for broke ... they got nothing. Why? Simple ... temples cannot claim estoppel because its an association, the NLC does not give rights to associations but only individuals and companies.

Hence, reading this I have no sympathy for the squatters. LGE is right ... he has done all he can. Why should we spend RM20M just for some jokers who are financially underprivileged? If we want to be a socialist state then are we all willing to pay high taxes like in the other countries?

Talk is cheap, yeah, LGE just make a compulsory acquisition then pay it cheap cheap etc. Be in his shoes then try it.

Also Jeff ... try delaying cases, it will not work. Cases are delayed usually because the lawyer is not ready and have not done their job. If the file is &#039;lost&#039; for more than twice, trust me the Registrar will be in trouble with the lawyer. If that does not happen then the lawyer is at fault. Delay is not a viable option nowadays to stall people. But I guess you are just joking la ... hahahahaahaaa</description>
		<content:encoded><![CDATA[<p>Jeff &#8230; proprietary estoppel is not always what it is in squatter cases. Most come onto the land based on a mere arrangement. In Penang its usually because the land is idle so the landlord asks them to stay and keep it occupied. Other times its because its perhaps a coconut plantation and they landlord needs natural fertilisers so he let&#8217;s them occupy to breed pigs or chickens.</p>
<p>You are aware of the pure forms of proprietary estoppel, representation is made, acted upon etc etc &#8230; in squatter cases its not as such. Even if it were it was to the grandfather.</p>
<p>Yes, I read law and I dealt with many squatters in my time, I evicted them all. Dealing with them is nuts. Standard cases where they claim equitable estoppel is usually sorted out by paying them the value of the HOUSE itself. Usually, tens of thousands only. Even with an offer of RM100K they will ask for RM200K.</p>
<p>I cleared homes, temples and graveyards in my time. I always pushed for very fair compensation even when we can go for broke BUT they always push their luck and always have lost in the courts. They then end up with nothing then lament the developer is unfair.</p>
<p>Give you a good example. In Kulim Hitec Park we had a very small estate temple that did not want to move. The offer to move was RM400K and a piece of land nearby. Well, the so called temple committee wanted like RM700K. So we went for broke &#8230; they got nothing. Why? Simple &#8230; temples cannot claim estoppel because its an association, the NLC does not give rights to associations but only individuals and companies.</p>
<p>Hence, reading this I have no sympathy for the squatters. LGE is right &#8230; he has done all he can. Why should we spend RM20M just for some jokers who are financially underprivileged? If we want to be a socialist state then are we all willing to pay high taxes like in the other countries?</p>
<p>Talk is cheap, yeah, LGE just make a compulsory acquisition then pay it cheap cheap etc. Be in his shoes then try it.</p>
<p>Also Jeff &#8230; try delaying cases, it will not work. Cases are delayed usually because the lawyer is not ready and have not done their job. If the file is &#8216;lost&#8217; for more than twice, trust me the Registrar will be in trouble with the lawyer. If that does not happen then the lawyer is at fault. Delay is not a viable option nowadays to stall people. But I guess you are just joking la &#8230; hahahahaahaaa</p>
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		<title>By: Bigjoe</title>
		<link>http://blog.limkitsiang.com/2009/06/30/penang-high-chaparral-issue-statement-by-penang-cm/comment-page-2/#comment-182726</link>
		<dc:creator>Bigjoe</dc:creator>
		<pubDate>Wed, 01 Jul 2009 00:48:18 +0000</pubDate>
		<guid isPermaLink="false">http://blog.limkitsiang.com/?p=4892#comment-182726</guid>
		<description>On LGE comment that Hindraf should know who their friends and foe are:  I would have rephrase it differently.

Hindraf is a radical movement and will friends and foe will get hurt in what they do.  Friends of Hindraf will let them hurt them a but but there is a limit to it.  In addition, Hindraf future is focussing on hurting their foes a lot more, much more, than carelessly hurting their friends.</description>
		<content:encoded><![CDATA[<p>On LGE comment that Hindraf should know who their friends and foe are:  I would have rephrase it differently.</p>
<p>Hindraf is a radical movement and will friends and foe will get hurt in what they do.  Friends of Hindraf will let them hurt them a but but there is a limit to it.  In addition, Hindraf future is focussing on hurting their foes a lot more, much more, than carelessly hurting their friends.</p>
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		<title>By: k1980</title>
		<link>http://blog.limkitsiang.com/2009/06/30/penang-high-chaparral-issue-statement-by-penang-cm/comment-page-2/#comment-182725</link>
		<dc:creator>k1980</dc:creator>
		<pubDate>Wed, 01 Jul 2009 00:34:41 +0000</pubDate>
		<guid isPermaLink="false">http://blog.limkitsiang.com/?p=4892#comment-182725</guid>
		<description>Hindraf is acting just like George W Bush. Instead of hunting down Al-Qaeda for the 9/11 attacks, he chose to invade a third country -Iraq- which has nothing to do with 9/11 (but has the world&#039;s 3rd largest oil reserves). So Koh TK gets away with his juicy carrot but LGE gets the big stick.</description>
		<content:encoded><![CDATA[<p>Hindraf is acting just like George W Bush. Instead of hunting down Al-Qaeda for the 9/11 attacks, he chose to invade a third country -Iraq- which has nothing to do with 9/11 (but has the world&#8217;s 3rd largest oil reserves). So Koh TK gets away with his juicy carrot but LGE gets the big stick.</p>
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		<title>By: Jeffrey</title>
		<link>http://blog.limkitsiang.com/2009/06/30/penang-high-chaparral-issue-statement-by-penang-cm/comment-page-2/#comment-182724</link>
		<dc:creator>Jeffrey</dc:creator>
		<pubDate>Wed, 01 Jul 2009 00:21:22 +0000</pubDate>
		<guid isPermaLink="false">http://blog.limkitsiang.com/?p=4892#comment-182724</guid>
		<description>However if developer pays me RM20 million even better, I&#039;ll get Indonesian contract workers for it inspite of the Indonesia&#039; ban. I&#039;ll even promote sales for it, buy a row of shophouses on launch price. If not, I may have (not judges) but lowly filing clerks in courts under my payroll who for RM2000 will loose the court file everytime hearing is scheduled and there has to be postponed again and again until the developer collapses in despair. I also have people in the land office/registry under payroll to delay the developer&#039;s various applications necessary for development. Sure developer too has its people at these places. So one side will lose the file, the other retrieve it and everyone happy in this merry go round of corruption alive and kicking. I am not referring to any particular developer or situation here. I am referring generally to what could happen, has happened in other cases, and how squatters&#039; Cause is a wonderful leverage to facilitate all these because of its emotive appeal - that we must all fight for social and economic interests of the poor and the landless, and back door, capitalise on this opportumity to make money out of those who have ie. the developer who (win-win) is urged to pass the costs to purchaser.... :)</description>
		<content:encoded><![CDATA[<p>However if developer pays me RM20 million even better, I&#8217;ll get Indonesian contract workers for it inspite of the Indonesia&#8217; ban. I&#8217;ll even promote sales for it, buy a row of shophouses on launch price. If not, I may have (not judges) but lowly filing clerks in courts under my payroll who for RM2000 will loose the court file everytime hearing is scheduled and there has to be postponed again and again until the developer collapses in despair. I also have people in the land office/registry under payroll to delay the developer&#8217;s various applications necessary for development. Sure developer too has its people at these places. So one side will lose the file, the other retrieve it and everyone happy in this merry go round of corruption alive and kicking. I am not referring to any particular developer or situation here. I am referring generally to what could happen, has happened in other cases, and how squatters&#8217; Cause is a wonderful leverage to facilitate all these because of its emotive appeal &#8211; that we must all fight for social and economic interests of the poor and the landless, and back door, capitalise on this opportumity to make money out of those who have ie. the developer who (win-win) is urged to pass the costs to purchaser&#8230;. :)</p>
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		<title>By: Jeffrey</title>
		<link>http://blog.limkitsiang.com/2009/06/30/penang-high-chaparral-issue-statement-by-penang-cm/comment-page-2/#comment-182722</link>
		<dc:creator>Jeffrey</dc:creator>
		<pubDate>Wed, 01 Jul 2009 00:04:07 +0000</pubDate>
		<guid isPermaLink="false">http://blog.limkitsiang.com/?p=4892#comment-182722</guid>
		<description>No one knows who&#039;s a squatter to whom compensation is given. Is it the guy who expended money &amp; built a shack tenanted out or the tenant himself? Sometimes 1 family occupies 2 adjoining shacks and ask for compensation twice. Then they are instigated by outsiders having political (HINDRAF) or private agendas who finance their lawyers to commence legal action.. Never mind the law says squatters have no land rights. They still bring a legal action on some arguable point based on equity or some other flimsy reasons. Why do they case, somebody else pay for their lawyers. The idea is not to win the court case. There&#039;s no assurance they can ever win. The strategy is to delay by court action, this procedural objection and that objection, injunction, appeal after appeal until a good 5 or 10 years are passed. Developers on prime land cannot afford this for 2 reasons: (1) interest holding costs when loan raised to acquire land or some parts of bridging loan used for &quot;development costs&quot; ie including bribes to this official or that official for approval of conversion building plans etc (2) Property has cycle esp in present time of economic recession world wide, our market artificially propped up by pushing cost of funds down and the cycle may just tuen against the developer.

Here&#039;s where you could squeeze the developer : it has to pay the patrons and instigators and ring leaders of those who brought legal action against developer to discontinue their case. If not drag the developer for over 10 years in court and its projects cannot lift off, it may even lose profits if not capital outlay which sometimes come out to hundreds of millions.

So you tell the developer - brother you either lose RM 200 million in profit if my injunction and legal case drag on for 10 years OR you could still make your RM200 million by me withdrawing the case so that youy could launch your development scheme immediately before cycle turns -  provided........you pay me lah RM10 million.

Get the picture? I have seen it happened before.</description>
		<content:encoded><![CDATA[<p>No one knows who&#8217;s a squatter to whom compensation is given. Is it the guy who expended money &amp; built a shack tenanted out or the tenant himself? Sometimes 1 family occupies 2 adjoining shacks and ask for compensation twice. Then they are instigated by outsiders having political (HINDRAF) or private agendas who finance their lawyers to commence legal action.. Never mind the law says squatters have no land rights. They still bring a legal action on some arguable point based on equity or some other flimsy reasons. Why do they case, somebody else pay for their lawyers. The idea is not to win the court case. There&#8217;s no assurance they can ever win. The strategy is to delay by court action, this procedural objection and that objection, injunction, appeal after appeal until a good 5 or 10 years are passed. Developers on prime land cannot afford this for 2 reasons: (1) interest holding costs when loan raised to acquire land or some parts of bridging loan used for &#8220;development costs&#8221; ie including bribes to this official or that official for approval of conversion building plans etc (2) Property has cycle esp in present time of economic recession world wide, our market artificially propped up by pushing cost of funds down and the cycle may just tuen against the developer.</p>
<p>Here&#8217;s where you could squeeze the developer : it has to pay the patrons and instigators and ring leaders of those who brought legal action against developer to discontinue their case. If not drag the developer for over 10 years in court and its projects cannot lift off, it may even lose profits if not capital outlay which sometimes come out to hundreds of millions.</p>
<p>So you tell the developer &#8211; brother you either lose RM 200 million in profit if my injunction and legal case drag on for 10 years OR you could still make your RM200 million by me withdrawing the case so that youy could launch your development scheme immediately before cycle turns &#8211;  provided&#8230;&#8230;..you pay me lah RM10 million.</p>
<p>Get the picture? I have seen it happened before.</p>
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		<title>By: Jeffrey</title>
		<link>http://blog.limkitsiang.com/2009/06/30/penang-high-chaparral-issue-statement-by-penang-cm/comment-page-2/#comment-182710</link>
		<dc:creator>Jeffrey</dc:creator>
		<pubDate>Tue, 30 Jun 2009 22:50:44 +0000</pubDate>
		<guid isPermaLink="false">http://blog.limkitsiang.com/?p=4892#comment-182710</guid>
		<description>typo...&quot;NOT clear at all that&quot; in 3rd para...</description>
		<content:encoded><![CDATA[<p>typo&#8230;&#8221;NOT clear at all that&#8221; in 3rd para&#8230;</p>
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		<title>By: Jeffrey</title>
		<link>http://blog.limkitsiang.com/2009/06/30/penang-high-chaparral-issue-statement-by-penang-cm/comment-page-2/#comment-182709</link>
		<dc:creator>Jeffrey</dc:creator>
		<pubDate>Tue, 30 Jun 2009 22:49:12 +0000</pubDate>
		<guid isPermaLink="false">http://blog.limkitsiang.com/?p=4892#comment-182709</guid>
		<description>On question of whther Squatters have rights, to the law students that SpeakUp talk about, the answer is mostly no and ever occasionally could be a &quot;yes&quot;.

Mostly no - because our Land Code based on Australian Torren System, and governing all lands for which individual titles subsist, does not recognise English concept of Adverse Possession (a 12 yr benchmark) that OrangRojak raised. 

Occasionally no : Now clear at all that our Land Code provisions  override  equitable considerations - Lord Dennings estoppel principles (based on reliance on benefit/detriment) that NH Chan once referred to.

SpeakUp, you apparently read law - this equity principle based on English case of Inwards Bakers was raised - relied upon- in 1980 by Ulu Temiang (Seremban) 7 squatters when they, represented by DAP Seremban lawyers, brought action against Negri Sembilan State Govt for alienating land (earlier promised to them in writing by District officers) to KL&#039;s developer Lesco. Federal Court (Eusoffe) circumvented this point. Did not rule Equity not applicable just because Land code provisions. Merely said Equity was of no application in cases involving overriding Public Interest. Something the Federal Court even then slanted in favour of Govt when it seemed to say that alienation to who and who and who was State Authority&#039;s prerogative based on what it deemed public interest. (Of course we now know better that what is public interest is often private interest).</description>
		<content:encoded><![CDATA[<p>On question of whther Squatters have rights, to the law students that SpeakUp talk about, the answer is mostly no and ever occasionally could be a &#8220;yes&#8221;.</p>
<p>Mostly no &#8211; because our Land Code based on Australian Torren System, and governing all lands for which individual titles subsist, does not recognise English concept of Adverse Possession (a 12 yr benchmark) that OrangRojak raised. </p>
<p>Occasionally no : Now clear at all that our Land Code provisions  override  equitable considerations &#8211; Lord Dennings estoppel principles (based on reliance on benefit/detriment) that NH Chan once referred to.</p>
<p>SpeakUp, you apparently read law &#8211; this equity principle based on English case of Inwards Bakers was raised &#8211; relied upon- in 1980 by Ulu Temiang (Seremban) 7 squatters when they, represented by DAP Seremban lawyers, brought action against Negri Sembilan State Govt for alienating land (earlier promised to them in writing by District officers) to KL&#8217;s developer Lesco. Federal Court (Eusoffe) circumvented this point. Did not rule Equity not applicable just because Land code provisions. Merely said Equity was of no application in cases involving overriding Public Interest. Something the Federal Court even then slanted in favour of Govt when it seemed to say that alienation to who and who and who was State Authority&#8217;s prerogative based on what it deemed public interest. (Of course we now know better that what is public interest is often private interest).</p>
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		<title>By: dawsheng</title>
		<link>http://blog.limkitsiang.com/2009/06/30/penang-high-chaparral-issue-statement-by-penang-cm/comment-page-2/#comment-182694</link>
		<dc:creator>dawsheng</dc:creator>
		<pubDate>Tue, 30 Jun 2009 17:52:28 +0000</pubDate>
		<guid isPermaLink="false">http://blog.limkitsiang.com/?p=4892#comment-182694</guid>
		<description>Lim Guan Eng is now the Chief Minister who is given the power to act in accordance with the Penang State Constitution and the Federal Constitution of Malaysia. He should try to invite another affordable developer to come up with a joint-venture proposal with Penang State Government. If the proposal so made is deemed technically and financially feasible, then he shall proceed to invoke any state law for acquiring that piece of land and later on build a cultural village of commercial value there by offering the residential privilege to the current occupants of the land! - Onlooker Politics

It is a NO! You can&#039;t do things like that. Beside the owner of the land now, no other developer will dare to touch that land anyway.</description>
		<content:encoded><![CDATA[<p>Lim Guan Eng is now the Chief Minister who is given the power to act in accordance with the Penang State Constitution and the Federal Constitution of Malaysia. He should try to invite another affordable developer to come up with a joint-venture proposal with Penang State Government. If the proposal so made is deemed technically and financially feasible, then he shall proceed to invoke any state law for acquiring that piece of land and later on build a cultural village of commercial value there by offering the residential privilege to the current occupants of the land! &#8211; Onlooker Politics</p>
<p>It is a NO! You can&#8217;t do things like that. Beside the owner of the land now, no other developer will dare to touch that land anyway.</p>
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		<title>By: dawsheng</title>
		<link>http://blog.limkitsiang.com/2009/06/30/penang-high-chaparral-issue-statement-by-penang-cm/comment-page-2/#comment-182693</link>
		<dc:creator>dawsheng</dc:creator>
		<pubDate>Tue, 30 Jun 2009 17:40:12 +0000</pubDate>
		<guid isPermaLink="false">http://blog.limkitsiang.com/?p=4892#comment-182693</guid>
		<description>Why is Hindraf not demonstrating against UMNO or Gerakan or MCA or even MIC who are the main culprits and perpetrators behind Kampung Buah Pala? This begs the question whether Hindraf has now been infiltrated by collaborators of MIC and BN when it should be demonstrating against those who demolish temples and not the Penang state government seeking a fair deal for the Kampung Buah Pala villagers. - LGE

This is not about making new friends.</description>
		<content:encoded><![CDATA[<p>Why is Hindraf not demonstrating against UMNO or Gerakan or MCA or even MIC who are the main culprits and perpetrators behind Kampung Buah Pala? This begs the question whether Hindraf has now been infiltrated by collaborators of MIC and BN when it should be demonstrating against those who demolish temples and not the Penang state government seeking a fair deal for the Kampung Buah Pala villagers. &#8211; LGE</p>
<p>This is not about making new friends.</p>
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		<title>By: boh-liao</title>
		<link>http://blog.limkitsiang.com/2009/06/30/penang-high-chaparral-issue-statement-by-penang-cm/comment-page-2/#comment-182689</link>
		<dc:creator>boh-liao</dc:creator>
		<pubDate>Tue, 30 Jun 2009 17:13:14 +0000</pubDate>
		<guid isPermaLink="false">http://blog.limkitsiang.com/?p=4892#comment-182689</guid>
		<description>Any difference between Umno n Hindraf?
Both are compatibly racist parties
Hindraf should replace MIC 
and work as a subjugated party of Umno
What about the Tamils and Sikhs?</description>
		<content:encoded><![CDATA[<p>Any difference between Umno n Hindraf?<br />
Both are compatibly racist parties<br />
Hindraf should replace MIC<br />
and work as a subjugated party of Umno<br />
What about the Tamils and Sikhs?</p>
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		<title>By: dawsheng</title>
		<link>http://blog.limkitsiang.com/2009/06/30/penang-high-chaparral-issue-statement-by-penang-cm/comment-page-2/#comment-182688</link>
		<dc:creator>dawsheng</dc:creator>
		<pubDate>Tue, 30 Jun 2009 17:11:09 +0000</pubDate>
		<guid isPermaLink="false">http://blog.limkitsiang.com/?p=4892#comment-182688</guid>
		<description>He’s not his dad is he? LGE always strikes me as having a slight but recurring problem with foot-in-mouth disease. -Orang Rojak

Chief Minister Lim Guan Eng should really watch his style. His way of conflict resolution and confronting everyone is not doing any good to his image nor his administration. I have always been of the opinion that he needs a PR firm or a spokesperson. Sadly, 15 months after gaining power, and 6 months after he said he would be less confronting, he is still very much his old self. - khensthoth

LGE needs to build up some tact in making statements. He needn’t have gone into racial stuff like tamil signboards and and indian DCM etc. That’s just playing the same game as BN. Offering little gestures here and there to soothe particular racial communities. - Katdog

I did not find anything wrong with what LGE said. From what I see, there are only two reasons why your comments seem to weigh on the side of criticism towards LGE, firstly, you guys are being over sensitive, secondly, you guys don&#039;t really understand the situation.</description>
		<content:encoded><![CDATA[<p>He’s not his dad is he? LGE always strikes me as having a slight but recurring problem with foot-in-mouth disease. -Orang Rojak</p>
<p>Chief Minister Lim Guan Eng should really watch his style. His way of conflict resolution and confronting everyone is not doing any good to his image nor his administration. I have always been of the opinion that he needs a PR firm or a spokesperson. Sadly, 15 months after gaining power, and 6 months after he said he would be less confronting, he is still very much his old self. &#8211; khensthoth</p>
<p>LGE needs to build up some tact in making statements. He needn’t have gone into racial stuff like tamil signboards and and indian DCM etc. That’s just playing the same game as BN. Offering little gestures here and there to soothe particular racial communities. &#8211; Katdog</p>
<p>I did not find anything wrong with what LGE said. From what I see, there are only two reasons why your comments seem to weigh on the side of criticism towards LGE, firstly, you guys are being over sensitive, secondly, you guys don&#8217;t really understand the situation.</p>
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		<title>By: vsp</title>
		<link>http://blog.limkitsiang.com/2009/06/30/penang-high-chaparral-issue-statement-by-penang-cm/comment-page-2/#comment-182683</link>
		<dc:creator>vsp</dc:creator>
		<pubDate>Tue, 30 Jun 2009 14:38:07 +0000</pubDate>
		<guid isPermaLink="false">http://blog.limkitsiang.com/?p=4892#comment-182683</guid>
		<description>Orang Rojak: 

I think you&#039;re a naive bleeding-heart champion who thinks by mere reasoning everything will be fine. This is not the UK, you know where the government there is amenable to public concern; where they follow parliamentary etiquette and transparency. By the way how many years have you been living in this country: 1, 2, 3, 4, 5, … years?

This is Bolehland, where the BN federal government is so heartless, will not listen and does not follow the law. You think since anyone who is the State government can just wave a magic wand and every problem can be solved? The Penang State government is not under the BN coalition but is its rival. If you have not seen how the federal government has been denying funds and using all the federal apparatus against the Pakatan, you must be a real bloody nincompoop. Sorry for my strong language. The federal government under the BN is still obscenely powerful and if the Penang state government is not careful, it would be its undoing. Just witness how Karpal Singh&#039;s impatient outburst against the Perak sultan give ammunition to the BN to attack the Pakatan coalition?</description>
		<content:encoded><![CDATA[<p>Orang Rojak: </p>
<p>I think you&#8217;re a naive bleeding-heart champion who thinks by mere reasoning everything will be fine. This is not the UK, you know where the government there is amenable to public concern; where they follow parliamentary etiquette and transparency. By the way how many years have you been living in this country: 1, 2, 3, 4, 5, … years?</p>
<p>This is Bolehland, where the BN federal government is so heartless, will not listen and does not follow the law. You think since anyone who is the State government can just wave a magic wand and every problem can be solved? The Penang State government is not under the BN coalition but is its rival. If you have not seen how the federal government has been denying funds and using all the federal apparatus against the Pakatan, you must be a real bloody nincompoop. Sorry for my strong language. The federal government under the BN is still obscenely powerful and if the Penang state government is not careful, it would be its undoing. Just witness how Karpal Singh&#8217;s impatient outburst against the Perak sultan give ammunition to the BN to attack the Pakatan coalition?</p>
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		<title>By: majis</title>
		<link>http://blog.limkitsiang.com/2009/06/30/penang-high-chaparral-issue-statement-by-penang-cm/comment-page-2/#comment-182682</link>
		<dc:creator>majis</dc:creator>
		<pubDate>Tue, 30 Jun 2009 14:15:21 +0000</pubDate>
		<guid isPermaLink="false">http://blog.limkitsiang.com/?p=4892#comment-182682</guid>
		<description>Kudos LGE you stood by your principles. Whom to give if every group
start asking.
Waytha was freed from ISA with a bargain, MIC/BN goons had infiltrated. I want to ask you some questions Waytha, where was Hindraft during the recent demolition of the Indian settlement Kg.Pandan (K.Lumpur/S&#039;gor)?? Kugan and other Indian cases with PDRM?
Why didn&#039;t you stupid fellas hold demo and burn the effigy of Najis??
Waytha and Hidraft dun talk cock you are fighting for your personal $$ interest... pls go and get it from UMNO or Samy!!
Full Stop!</description>
		<content:encoded><![CDATA[<p>Kudos LGE you stood by your principles. Whom to give if every group<br />
start asking.<br />
Waytha was freed from ISA with a bargain, MIC/BN goons had infiltrated. I want to ask you some questions Waytha, where was Hindraft during the recent demolition of the Indian settlement Kg.Pandan (K.Lumpur/S&#8217;gor)?? Kugan and other Indian cases with PDRM?<br />
Why didn&#8217;t you stupid fellas hold demo and burn the effigy of Najis??<br />
Waytha and Hidraft dun talk cock you are fighting for your personal $$ interest&#8230; pls go and get it from UMNO or Samy!!<br />
Full Stop!</p>
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		<title>By: Onlooker Politics</title>
		<link>http://blog.limkitsiang.com/2009/06/30/penang-high-chaparral-issue-statement-by-penang-cm/comment-page-2/#comment-182677</link>
		<dc:creator>Onlooker Politics</dc:creator>
		<pubDate>Tue, 30 Jun 2009 13:45:20 +0000</pubDate>
		<guid isPermaLink="false">http://blog.limkitsiang.com/?p=4892#comment-182677</guid>
		<description>&quot;DAP and the Pakatan Rakyat government will not back down or be cowed by BN, UMNO or Hindraf who continues to look at problems from a narrow racial spectrum of Chinese, Indian of Malays.&quot;  (Lim Guan Eng)

I think there is a typo in the above sentence.  The last words &quot;of Malays&quot; should be much readable if they are changed to &quot;or Malays&quot;.</description>
		<content:encoded><![CDATA[<p>&#8220;DAP and the Pakatan Rakyat government will not back down or be cowed by BN, UMNO or Hindraf who continues to look at problems from a narrow racial spectrum of Chinese, Indian of Malays.&#8221;  (Lim Guan Eng)</p>
<p>I think there is a typo in the above sentence.  The last words &#8220;of Malays&#8221; should be much readable if they are changed to &#8220;or Malays&#8221;.</p>
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