Archive for March 29th, 2007

Adorna, post-Adorna, Adorna-like injustices and malpractices in Land Offices

Injustices and malpractices in Land Offices?

Two days ago, I had issued a statement calling on the Natural Resources and Environment Minister Datuk Seri Azmi Khalid to stop sleeping on his job as he had neither done nor said a single word in his three years as Minister in charge of the land portfolio about the gross injustice of the land law which allowed forgery and fraudulent issue and fraudulent transfer of land titles, with hundreds of landowners who have become victims running into tens or even hundreds of millions of ringgit.

It is common sense that an innocent purchaser cannot obtain good title from an impostor, impersonator or forger. Very importantly, a forger cannot pass title by using a fraudulently procured document of title so that even a subsequent innocent purchaser does not get any good title.

However, in land law, as a result of the 2001 Federal Court decision in Adorna Properties Sdn Bhd v Boonsom Bunyanit, there is now a shocking exception — with Section 340 of the National Land Code (NLC) interpreted to favour innocent buyers of land transferred through forgery or fraud, which has destroyed the integrity of land titles and the sanctity of property, leaving the original owners without any means to recover their land.

When Datuk Seri Abdullah Ahmad Badawi became Prime Minister, he issued a “wake up call” to all land offices telling them to buck up to do justice to the rightful landowners.

Why has Azmi as the Minister in charge of the land office in the past three years failed to take any action to end the gross injustice in the Adorna case, at least to stop any post-Adorna development with hundreds of landowners falling victim to fraudsters, forgers, impostors and impersonators becoming the “new Adornas” by amending the National Land Code?

I have today another batch of cases involving gross injustices in land administration — involving some 280 plots of land, both residential and agricultural, which changed hands without the knowledge of the landowners in Ulu Yam, Selangor. Read the rest of this entry »


New Police Vision re-branding – proof of pudding in the eating

New Police Vision re-branding - proof of pudding in the eating

The Inspector-General of Police, Tan Sri Musa Hassan should declare whether the Police would accept the Suhakam inquiry findings that excessive police force was used against protesters at the KLCC demo on May 28 last year on petrol and power price hikes and whether disciplinary action would be taken against the errant police personnel.

The findings of the Suhakam public inquiry, which was made public last Friday, will be an acid test as to whether Musa is serious and not just indulging in a publicity stunt when he announced during the 200th Royal Malaysia Police (RMP) anniversary celebrations that the police is being rebranded with a new vision and mission to implement the 125 recommendations of the Royal Police Commission to create an efficient, incorruptible, accountable, trustworthy, professional world-class police service.

The deadline for Recommendation 2 of the Royal Police Commission to “Review and refine the Vision Statement” was August 2005 — which means that the RMP has lagged nearly 20 months behind this time-line.

Among the proposals by the Royal Police Commission for the review and refinement of the Police Vision are “to reflect the need for police personnel to respect and uphold human rights in view of the allegations of abuse of human rights”.

Musa should tell Malaysians whether in the rebranded police Vision, the Royal Police Commission’s specific proposal that it expressly incorporate the principle “Respecting and upholding human rights as provided for in the Federal Constitution and the laws of Malaysia” has been accepted.

As the proof of the pudding is in the eating, Musa should declare whether he is serious about a new rebranded Police Vision which respects and upholds human rights by accepting the Suhakam public inquiry findings that excessive force was used against a group of protesters at the KLCC last year, resulting in 10 people being injured. Read the rest of this entry »