Author: Kit

The Natural Resources and Environment Minister Datuk Seri Azmi Khalid should stop his three-year “sleeping” on the gross injustice of the land law in the country allowing forgery of land titles and fraudulent land transfers and should get Cabinet approval tomorrow to introduce a bill to amend the National Land Code in the current parliamentary meeting to overrule the Federal Court decision on Adorna case.

Last week, the Director-General of Lands and Mines Department, Datuk Zoal Azha Yusof, who was promoted to the post last August from his previous position as Selangor’s Land and Mines Director, said there is a need to amend the National Land Code (NLC) to restore property owners’ rights which have been affected by Adorna Properties Sdn Bhd v Boonsom Bunyanit.

Zoal Azha said he would bring up the matter with the Attorney-General.

How long would this process take? Another two, three or five years?

Such procrastination and insensitivity to the gross injustice created by the Federal Court’s 2001 decision in Adorna case, which interpreted Section 340 of the NLC to favour innocent buyers of land transferred through forgery or fraud, has destroyed the integrity of land titles, leaving the original owners without any means to recover their land. It reflects very poorly on a government which claims to be efficient, just and pro-active in allowing a gross injustice in the land law to stay unchallenged for the past seven years.

The Adorna case is a heart-rending tale which took more than a decade before it finally ended with gross injustice to the rightful owner. Continue reading “Azmi Khalid, end 3-yr sleeping – gross injustice of Adorna case of forgery and fraudulent land transfer”

The answer by the Parliamentary Secretary to the Health Ministry, Datuk Lee Kah Choon during question time today that the government does not have statistics about the number of patients nationwide who died in ambulance on their way to hospital is the latest evidence not only of deteriorating medical and health services in the country, but of the larger issue of the macro problem of the worsening public delivery system despite all the promises of reform.

I find the indifference and insensitivity demonstrated by Lee’s answer most unacceptable as it was only on Friday that the country was shocked by the news report of the totally unnecessary death of Yusnita Abas, 31, wife of factory worker, Ghafur Mohd Ibrahim because the ambulances at Kepala Batas Hospital were “all out of petrol” and could not send her in time for emergency surgery at the Penang Hospital.

In the 50-year independent history of Malaysia, this is the first time a person had died because all the ambulances at a hospital had run out of petrol — tragic proof that public service delivery system and ethos have been getting from bad to worse.

Such a shameful episode had not happened when the country achieved independence in 1957 and the ensuing 49 years. Why is it happening now?

Developed countries are aiming at ambulance emergency response time within eight minutes, but the Health Minister, Datuk Dr. Chua Soi Lek seemed quite happy with an ambulance response time of more than 30 minutes in his response to public criticisms over businesswoman Zara Davies Abdul Rahman’s traumatic experience in trying to get accident and emergency help from Hospital Tengku Ampuan Rahimah Klang to save an accident victim’s life near the Batu Tiga toll booth on Dec. 13 last year, but in vain. Continue reading “Harvard University task force to improve public service delivery – waste of public funds?”

The Prime Minister, Datuk Seri Abdullah Ahmad Badawi, in his capacity as Finance Minister should direct the Inland Revenue Board to stop invoking Income Tax Act Section 104 barring Malaysians from leaving the country for failing to pay income tax for business, tours and holidays when they have every intention of returning and not absconding from the country, and to seek the advice of the Attorney-General.

In her interview with New Sunday Times, the Chief Executive Officer and Director-General of Inland Revenue Board, Hasmah Abdullah advised 39,867 people who had been blacklisted as tax defaulters that they are barred from leaving the country for failing to pay income tax.

Holiday-makers who bought tickets at the recent Matta fair to go overseas are advised to visit the Inland Revenue Board before they board the plane.

This is most ludicrous and smacks of harassment and even blackmail — something which should not be associated with the public service.

Hasmah pointed out that under Section 104 of Income Tax 1967 (see below), individuals — locals or foreigners — would not be allowed to leave the country if they had not settled their income tax.

I believe that when Parliament passed Section 104 of Income Tax Act 1967 forty years ago, the intention was to prevent individuals, whether locals or foreigners, from evading income tax by absconding from the country — rather than to restrict their business or spoil their holidays plan.

I do not believe Parliament ever intended to prevent Malaysians with income tax problems from going to Singapore, Thailand or other overseas country whether for holidays or business. Continue reading “IRD should not harass or bar defaulters from bona fide foreign trips”