Objection of the development of Tg Aru Eco Development (TAED)

10th February 2017

The PKR Sabah Chairman Christina Liew together with her vice chairman Kenny Chua and her assistant Secretary Sazalye attended the exhibition of the TAED development plans at the DBKK this afternoon.  They lodged their objections  with the DBKK on the TAED in particular the locality of the development.

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“We welcome any kind of development that will benefit the State’s economy development, providing employments to our locals, promoting our State as one of the tourism hotspot in Malaysia. After all, Sabah, the land below the winds are already one of the favorite spots for the tourists.

Sabah has Mount Kinabalu, the highest mountain in South East Asia. We have   beautify beaches including Tg Aru Beach with it’s most amazing sunsets scene and the most spectacular views underneath the sea water for the divers in many of our famous islands. Our State government’s effort to continue promoting, and further developing these beautify places to attract tourist and repeat tourist to visit Sabah is commendable.

However, we strongly object any development projects that may, and likely to, destroy the natural beauty and its environment,  and taking away the existing beautiful beach such as the Tg Aru Beach,  in it’s attempt to turn it into a man made tourism beach couple with hotels and yacht docking facilities for the tourists,  is unacceptable.

Tg Aru Beach is a favourite place among the Sabahan. Many of the Sabahan especially the residents from Kota Kinabalu and other areas had fond memory of the beaches in Tg Aru. Why destroy it’s natural beauty and turn it into a man made beach by the reclamation of the seat front?

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The “assurance” by the project management that 60% (later turned into 30%) will be reserved and available for the locals who wish to visit the TEAD is of no guarantee.

We remember in the case of another resort development in the nearby area of TAED, a piece of land consisting of 4.50 acres was gazetted in 1996 as land reserved for public park at coastal highway, Sembulan.  But on 19th May 2016, the said gazetted land was revocated by the government and it is no one longer a gazetted land reserved for public park. With this past precedent, it is therefor no gurantee such revocation would not happen again in future in the lands reserved for public, in the TAED project.

The people of Sabah are worry that with TAED, it will take away the beautiful sight of the famous sunset view where the ordinary folks can enjoy, like they are now any times.

Further,  from the development plan, it looks like a large part of the TAED project will include hotels and yacht park including other facilites which will be  enclosed,  and only the Tourists and or the rich people can afford to patronize the facilities and enjoy them.

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For the ordinary folks and locals who wish to visit the Tg Aru Beach, they have to go through many “gates and premises” before they have the access to their favourite beaches, which itself is already with limited spaces that are free for them.  Accessibility to the Prince Philp park will be another concern.

Presently we have many hotels build in and around Kota Kinabalu City. Spare this last bit of the beach for the ordinary people of Sabah, with its’ natural beauty.

We have a number of golf clubs and golfing places in and around Kota Kiabalu. We don’t need another 5 star golf course in this TAED.

We urge the state government to bring the concept of such integrated beach front development to other parts of the State, such as Papar, Kota Belud, Sipitang and kudat. All these areas are blessed with beautiful beaches. This is to assist the local communities in their economy development. Provided employments for the local communities that such tourism related projects will bring to.

“A balance development projects in Sabah is what the people need. Do not focus only development in KK city only . Let us bring our tourists to other part of the state to enjoy their holidays. Give back to Sabahan what they are entitled to.  Tg Aru Beaches belong to the people”.

YB Christina Liew
ADUN Api Api

 

Wake up call to implementation safety features

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On behalf of PKR we extend our deepest sympathy and condolences to the families of the victims that were drown in a boat ride while holidaying in Sabah.

We urge the authority to treat this incident as a wake up call to make sure the implementation of safety features in all the tourists’ boats are always in place.

The tour operators must exercise prudent discretion when it comes bad weather safety is always first and to be the top priority for boat rides especially during bad weather and rough sea conditions.

We urge the State’s Minister of Tourism Datuk Masidi Manjun to investigate on how come vessel that can only take 12 but had 28 on board in this incident.

Where is the enforcement?

In Korea and japan the minister would resign with so many bad tourism incidents. Few months ago a boat with Chinese tourists also capsized in same area. All were floating at sea for 2 days.

How many more incidents does Sabah needs before some serious action to be taken to prevent such tragic incident happening again?

YB Christina Liew
Sabah PKR Chairperson

Termination of the Flying Doctor Service (FDS) which will affect the rural folks

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Nov 14, 2016

I’m saddened by the news. The FDS is especially important to assist the far-flung rural areas which otherwise have no way out for medical treatment

Desperate villagers, especially sick old folks, pregnant women and children may end up walking to the nearest town for medications and medical attention, which might take between two hours to two days, depending on the location of their villages, aggravating their already frail condition.

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Photo by Adrian Lasimbang Facebook

 

Apart from that, patients with major illnesses such as high blood pressure, diabetes and hypertension will lose their monthly supplies and have to resort to walking, too as the cost of transportation to the nearest town is simply too much for them to bear

Replacing the service with rural clinics or intensifying provision of medical services via land and water will not be sufficient as the lack of proper infrastructure in many areas will prove to be a major obstacle for the efforts.

Most of the villages do not have proper roads even. No public servant will be willing to work in clinics located as such remote areas.

Apart from that, using water and land transportation is just as risky as it also depends on the weather conditions. Therefore, air access is the fastest and most efficient way to reach these villages.

The Health Department must find another way to cut costs instead of scrapping the service altogether as the lives of many poor people which cannot be bought with cash is at stake.

Technical solutions such as switching to single-engine choppers as suggested by officials to manage costs can be done.

The rights of these rural people to minimal medical access should not be overlooked on humanitarian grounds.

Just because most of them are illiterate, live in poverty and can’t voice out their predicaments, they should not be marginalized.

YB Christina Liew
Sabah PKR Acting Chairperson

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Sabah PKR Acting Chairperson YB Christina Liew conveyed her sadness over the termination of the Flying Doctor Service (FDS) which will affect the rural folks in the state.

Liew, who is also Api Api assemblywoman said the service, which provided medical assistance to those living in interior Sabah without access to medical facilities and services, is crucial as they have no other means to obtain healthcare services as well as medications.

The termination of the service by the Sabah Health Department was effectively in place on Sept 30. The department cited rising costs as the reason for the termination.

Call for the State government to reclaim its jurisdiction and management over education.

_DSC6391KOTA KINABALU, November 7, 2016

The State government should put its foot down in no uncertain term when it comes to safeguarding the autonomy of the state and interest of its people

We agree with the hardline position taken by the Sarawak Chief Minister Tan Sri Adenan Satem in safeguarding the interest of Sarawak and its people insofar the closing of the two IPG is concerned

We urge our State government and our Chief Minister Datuk Seri Musa Aman in particular, to adopt a similar stand in protecting the interest of our state and its people, and to send a clear message to the Federal government to object any plans in closing  down the two existing teachers’ training colleges in Sabah and to convert them  into some vocational colleges, as reported recently.

It is time that our Chief Minister speaks up in the best interest of the state and the people. Don’t just simply accept decisions passed down from the Federal government, especially when they are detrimental to the interest of the state and the people of Sabah. Worse still when such decisions were made without any consideration nor consultation with the State government.

This is clearly another glaring example where our State government had failed to exercise its autonomy, if it really exists.

There is no justification for the Federal government to attempt to close down the existing two teachers training colleges in Sabah, instead, the Federal government should further upgraded the two teachers’ training colleges in Sabah to meet the state’s increasing demand for homegrown teachers, especially for the semi rural, rural and interior of Sabah.

I call for the State government to reclaim its jurisdiction and management over education, so that it could have a better say on it, in the best interest of the State and its people and emulate its Sarawak counterpart in recognizing the importance of English language, and to strive to reintroduce it in public schools, as well as in the government departments and agencies.

Sultan of Johor Sultan Ibrahim Sultan Iskandar said, Malaysian politicians are hypocrite in playing politics with education by talking about nationalism when they too send their children to boarding schools in overseas.

Sultan Ibrahim is popularly-recognized as a staunch advocate in championing the restoration of English as the medium of instruction in public schools

The Sultan also cited Singapore as a good example where it had not only through English education system achieved development way ahead of Malaysia, but also successfully forged national unity.

YB Christina Liew
Acting chairperson for Parti Keadilan Rakyat (PKR) Sabah.

 

Sabah PKR wants Malanjum as next Chief Justice

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KOTA KINABALU, October 23, 2016

Press Statement:

F_11_DxO-Final-Crop1Malaysia had been independent for 53 years, and never a judge from Sabah and Sarawak holding the top position in the judiciary. Since the Chief Justice will retire soon, it is time such position be held by a qualified judge coming from these two Borneo states. If not now, when?

Tan Sri Richard Malanjum is both a qualified and worthy candidate for such a position as  he has held his present position as the Chief Justice of Sabah and Sarawak for the last 10 years.

His track record holding the position as the Chief Justice of Sabah and Sarawak shows he is capable in carrying out his duty without fear and favor. He is also well respected and recognized for his remarkable effort of introducing the Mobile Court to reach out to the rural poor in the interior of Sabah who could not afford to seek justice in courthouses otherwise.

In addition, Tan Sri Richard Malanjum was the first judge who initiated the computerization of the courts in Sabah and Sarawak which had greatly improved the judiciary system and benefitted members of the bar, lawyers and judges likewise including the general public who are parties to the litigation.

His (Malunjum) appointment as the Chief Justice will also bridge the gap between Peninsular Malaysia and the 2 Borneo states of Sabah and Sarawak insofar the judiciary system is concerned.

Tan Sri Richard Malanjum’s appointment as the Chief Justice would also reflect well on the Federal government’s sincerity in treating Sabah Sarawak as equal partners in Malaysia.

The Federal government must seriously consider appointing the position of Chief Justice to qualified judges from Sabah Sarawak. Otherwise, the people of Sabah Sarawak will not believe that the Federal government has the political will to treat Sabah and Sarawak fairly and as equal partners of the Federation.

If appointed as Chief Justice of Malaysia, I trust that Tan Sri Richard Malanjum will carry out his duty fairly and without fear and favor like what he is doing now as the Chief Justice of Sabah and Sarawak. His appointment as Chief justice will argue well for the federal government in respecting and promoting qualified judges from Sabah and Sarawak to its highest position in the judiciary.

Many may not know about the  judicial hierarchy, where the Chief Justice of Sabah and Sarawak is of the same status as the Chief justice of Malaya.  According to the Federal Constitution section 121 (1) (a) and (b), the status of the Chief Justice of  Sabah and Sarawak and Chief Justice of Malaya are of equal status, ie 3rd in judicial hierarchy, with the Court of Appeal president to be of second place.

After 53 years of independence, it is time the people of Sabah and Sarawak to claim our rightful positions in all aspects including appointment of Chief justice from Sabah and Sarawak. Appointing Malunjum as Chief justice will be seen as a significant step forward for Sabahan and Sarawakian.

YB Christina Liew
Sabah PKR Acting Chairperson

Sabah PKR acting Chairman Christina Liew has expressed her full support for the recommendation by the retired Court of Appeal judge Datuk Mohd Hishamudin Mohd Yunus  and the retired Federal Court Judge Datuk Seri Gopah Sri Ram for Tan Sri Richard  Malanjum to be appointed the Chief Justice when the term of current Chief Justice  Tun Arifin Zakaria expires in March 2017.

Speech by ADUN N.15 API API – Christina Liew

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Speech by ADUN N.15 API API – Christina Liew

Tuan speaker:

Salam Sejahtera dan Selamat petang kepada semua Ahli ahli Yang berhormat di Dewan yang mulia ini.

Tuan Speaker:

1. Saya ingin membahaskan beberapa isu mengenai tanah khusus nya sections 120 dan 70 di bawah Sabah Land Ordinance Cap 68. Izingkan saya bebahas dalam bahasa Malaysia dan English.

Tuan speaker

2. According to the Police Commercial Crime Department Statistics, the State in Malaysia with the highest number of cases involving land fraud occurred in Sabah. The Police Commercial Crime Department issued the statistics sometime in year 2010.

Regrettably since then land fraud in Sabah continues undiminished. Registered owners and innocent purchasers fall victim to unscrupulous persons using forged documents to transfer land. In Sabah, most of the land fraud cases involving registered being transferred away to 3rd party without the knowledge and consent of the registered owner. They fall victim to unscrupulous fraudster using forged documents to transfer land.

Land fraud is a big problem faced by the people of Sabah. The Land Office must address the problem by taking steps to amend certain provisions of the Land Ordinance. This is to avoid fraudsters taking advantage of the weakness in our land law that may be subjected to mis interpretation.

If amendments are not made to strengthen the Land Ordinance, then fraudsters will continue exploiting its weaknesses and continue committing land fraud. This would have far-reaching effects on the people and potential foreign investors.

Tuan Speaker:
Untuk matluman Dewan yang mulia ini, di bawah fasal 120 kurungan (1), (2) dan (3), peraturan dan kaedah untuk memohon salinan geran yang sah, daripada Pejabat Tanah dan Ukur, apabila geran asal telah hilang dalam simpanan pemiliknya.

Tuan Speaker:
Section 120 of the Land Ordinance is a provision that allows the Collector to approve an application for a replacement title.

9. Section 120 (1) states that:

“if any document of title is lost or destroyed the person lawfully entitled to the custody… thereof together with the other persons, if any, having knowledge of the circumstances may file in the Land office of the district in which the land is situated an affidavit or statutory declaration containing a full description of such document of title and the circumstances under which it was lost or destroyed”.

10. Maksudnya ialah: If a title has been lost or destroyed, any person – even if that person is not the registered owner, may file an Affidavit or Statutory Declaration to explain the circumstances of the loss or destruction of the land title. That person can affirm the Affidavit or Statutory Declaration so long as he is entitled to lawful custody to the land title.

Fraudsters have exploited the weakness of section 120 to fraudulently transfer land to innocent third parties at the expense of registered landowners. I will explain shortly on how a fraudster can exploit this section to gain certified copies of title and transfer it to a 3rd party.

12. The other weakness of section 120 is the proviso, which states: “provided that the collector shall not in any case issue such certified copy unless he is satisfied as to the truth of the affidavit or declaration and the good faith of the applicant for the same.

Tuan Speaker:

13. A fraudster’s modus operandi or method of operation in exploiting the provisions of sections 120 (1) (2) and (3) of the Land Ordinance goes like this:

First, the fraudster will forge a power attorney purportedly given by the registered land owner, with complete powers to him. . The forged power of attorney gives power to the fraudster to deal with the land including the right to sell and transfer the land to a third party.

Using the forged power of attorney the fraudster makes a false police report and then affirms a false Statutory Declaration stating that he had lost the original land title.

He then applies to the Land Office for a replacement land title. The Land Office will hold a hearing where the fraudster appears before the officer in the Land Office. The Land Office then publishes a notice in the local newspaper regarding the loss of the land title.

After expiry of the time period for objections stated in the notice, the Land Office can then issue a replacement land title.

With the replacement title, the fraudster then sells the land to a third party. The fraudster – after having been paid for the fraudulent sale of the land – disappears.

Eventually when the fraud is discovered, the registered owner and the third party suffer losses.

14. The weakness in section 120 is in the wordings of the provision: the Collector is satisfied as to the truth of the affidavit or declaration and the good faith of the applicant.

Tuan speaker:

15. The question is: how does the Collector satisfies himself that all the documents submitted by the applicant, including the contents of the police report, the power of attorney, the affidavit or the declarations are true and genuine and not forged documents?

16. This is very subjective. According to section 120 of the land ordinance, it all depends on the discretion of the particular Collector.

Tuan Speaker:

17. Under the present law, the Collector owes no duty of care to the registered landowner. The Collector needs only be satisfied as to the truth of the affidavit or declaration and the good faith of the applicant.

18. The question that arises then: How can the Collector say he is satisfied as to the truth of the affidavit or declaration if the fraudster produces a false affidavit or false declaration and the Collector is misled into saying he is satisfied as to the truth of the affidavit?

19. A related question that arises: How can the Collector say he is satisfied on the good faith of the applicant when most fraudsters are smooth talking and presenting himself as acting in good faith to the collector, and then striking at the victim by committing fraud.

Tuan speaker,
20. What then is the solution? Should the Collector be responsible for the losses suffered by the registered landowner or the innocent buyer?

21. Due to the very subjective provision of section 120, I propose an amendment to the law that requires the registered owner to be present personally to meet with the Collector when applying for a replacement title. This would enable the Collector to satisfy himself as to the truth of the affidavit or declaration and the good faith of the applicant.

There will be cases where it is not possible for a registered landowner to be present before the Collector. For example an elderly registered owner who is overseas and cannot travel. In this kind of situation, there must guidelines for the Collector on how to exercise his discretion.

Tuan speaker:

Saya ingin mengucapkan Tahniah kepada Pejabat Tanah dan Ukur, in their Fast Track Programme called the Sabah Natives Land Service, or PANTAS, in short form.

Tuan Speaker
Pantas has the objective of managing and administering Native land affairs. Baru baru ini, kita di beritahu melalui laporan di surat khabar, bahawa Pantas telah berjaya mengukur, daftar dan keluarkan 57 keping communal geran untuk 24,016 hectars, kepada berapa penduduk mengenai tanah NCR.
While PANTAS assists in processing NCR land, kita tidak boleh nafikan masih banyuk masalah masalah mengenai tanah adat yang di tuntut oleh penduduk di kg masing- masing. Misal nya, hari khamis minggu lalu, kira kira 100 penduduk dari Kg Solob membentuk sekatan jalan untuk menghalang orang luar masuk ke tanah tanah adat atau NCR. mereka menuntut perbincangan rasmi diadakan antara mereka dan pihak berkaitan untuk menyelesaikan perkara tersebut.
Tuan Speaker,

Many Sabah natives still live off the land. Not by choice, but because the land is all what they have for their livelihood and survival

27. It is common knowledge that some natives in Sabah have grievances on land upon which they claim to have native customary rights – especially land which their forefathers have been occupying and which the present generation of natives continues to occupy for their livelihood. Land is the only thing they have.

It is a common knowledge that many native land applicants have applied for land years ago. They wait for the outcome of their applications but nothing is known about it. So they continue to wait. Years go by and still no results.

All these years they do not know if their applications have been rejected or approved. This happens despite many visits to the Land Office inquiring about the status of their land applications.

However, they often come to know that their applications have been rejected only when someone gives them a visit and tells them to leave the land because the land now belongs to someone else.

Many of the natives are too poor to engage lawyers to resolve their claims on the land. Those who can afford face many years of waiting for the court process to be completed to resolve their claims.

Tuan speaker,

32. Section 70 (1) of the Sabah Land Ordinance is an important provision. Under section 70(1) Collectors in Districts must exercise their statutory duty to process land applications by natives. Section 70 (1) requires the Collector to deal with land applications by natives without delay and as far as possible in the order in which the applications are received. Section 70 (1) is a mandatory provision.

33. Collectors should therefore comply with section 70 (1). Compliance with the law would go a long way in addressing the current plight of natives’ land applications.

Tuan speaker,

34. Walau bagaimanapun, saya difahamkan bahawa jabatan tanah dan ukur mempun -yai polisi, mengenai pemohonan Tanah di Sabah, ia itu, sesiapa sahaja boleh memohon Tanah ke pejabat tanah, sekiranya tanah yang dipohon ada kekosongan. Tetapi saya menggesa agar setiap Pejabat Tanah di Daerah dapat melaksanakan sistem pendataan yang lebih berkesan dan di kemaskinikan dari masa ke semasa, yang mana setiap pemohonan sepatutnya di terima mengikut masa yang pemohon apabila mereka menyerahkan borang permohonan.

Tuan speaker:

35. Sekali lagi saya merayu kepada kerajaan dan Pejabat Tanah dan ukur, untuk menubuhkan sebuah pusat atau Center untuk mem bantu rakyat dengan masalah yang me nge nai Tanah, khususnya tanah adat or NCR.

36. I propose that a Native Land Dispute Resolution Centre be set up, di bawah Pejabat Tanah dan Ukur atau di bawah Pejabat Ketua Menteri, to include officers from all the relevant Departments such as the Director of the Lands & Surveys, the State Attorney General Chambers, the Forest Department, the Sabah Law Association and ACLRs from all the Districts. The role of the Native Land Dispute Centre would be to arbitrate and resolve land disputes concerning native land or native customary rights on land.
37. The Centre would include a pool of experienced adjudicators who would become specialists to deal with native land disputes.

38 Most natives do not know about their rights or because they are poor they cannot afford seek to legal advice. The Native Land Dispute Centre would be a place where native can seek help on land matters.

39 The Centre should not charge for the services it provides. If fees are charged they should be minimal and affordable.

Tuan Speaker:

I wish to add further what YB Kepayan had said earlier on the issue of citizenship. Saya ingin mengtarik perhatian dewan yang mulia ini, issue mengenai warganagaraan is a oleh penduduk Sabah is a probamatic issue. Rita Thomas case is only a tip of the ice berg. There are many thousands of our qualified natives who are not given the cetizenships. In the case of Rita Joan Thomson, she was born in Papar before independence. Her mother is a baju from Bongawon. 79 years old. Today, still only a permanent resident of Sabah, unable to obtain her citizenship sampai sekaran. What are we going to do?

I urge the state government to set up a special body or department to assist the thousands of Rita Joan Thomson in Sabah. Who are genuine Sabahan but denied the citizenship while we have hundreds of thousands of foreigners who came to Sabah and became instant Sabahan and registered as voters to vote the government of the day. Even though immigration and NRD are udner the jurisdiction of the federal government, we urge the state government to intervene and assist our Sabahan to get their status correlated. This special body should include, among others, assisting the non muslim natives on the issues of bin and binti on thir MyKads. Their status should be corrected as non muslim. Just because their mykads has bin or binti does not make them automatic muslim. The NRD must recognize the uniqueness of our Sabah natives. The thousands of Sabahan who are still deprived of their status as citizens and the issue of birth certificates also must be handled under this special body or department.

Tuan speaker

41. Saya ingin mengucapkan taniah kepada DBKK for the no litter policy in KK city.
A fine of RM30.00 to be imposed on people who litter. However, I wish to suggest that more rubbish bins must be placed around KK city. Without rubbish bins the people may just throw their rubbish on the ground. The cleanliness campaign should include the back lanes of the shops in KK. KK city is the capital of Sabah, a clean environment will be helpful to our tourism industry.

42. Dengan ini, saya menyokong ucapan oleh Tuan yang Terutama yang Di- Pertua Negeri Sabah.

Selamat bersidang kepada semua ahli- ahli yang berhormat di dewan yang mulia ini.

Sekian dan Terima kasih