LETTER Since the last election, our political landscape has changed beyond recognition.

Many have openly adopted partisan stand on issues affecting the people on their zealous quest to defend the Pakatan state governments whenever there is a criticism.

The Penang state government under the leadership of Lim Guan Eng surprised a lot of those who voted for change by pursuing the policies and projects of Koh Tsu Koon with a zeal beyond the imagination of Penangites.

Lim Guan Eng has willingly without bribery or corruption fast tracked all the projects he inherited from Koh Tsu Koon's administration.

When pressed on the Queensbay land conversion controversy, Lim blamed Koh for the decision.

Lim said he does not quite agree with the decision, but he has to comply.

And he continued to defend the decision by Koh.

The DAP chief minister said that state legal advisers informed him the land was not bound by a crucial proviso in the National Land Code (NLC) 1965 which forbade foreshore land from being converted to freehold.

He said the land had been gazetted as state land – and not considered foreshore – by the previous state administration.

90-year caveat on sale

In the press report, lawyer Agatha Foo pointed out a provision in Section 76 of the NLC, which Lim had overlooked in his assembly reply.

Foo noted that the proviso expressly prohibits the state from disposing of “any part of the foreshore or sea-bed for a period exceeding ninety-nine years”.

The proviso had been inserted when Section 76 was amended in Parliament in 1985.

“Consequentially, the said proviso would also prohibit the state from re-alienating or converting any part of the reclaimed foreshore or sea-bed to freehold land.”

Any subsequent attempt by the state to re-alienate or convert any part of the foreshore or sea-bed to freehold, notwithstanding that the foreshore or sea-bed have now been reclaimed, would tantamount to a circumvention of the prohibition in Section 76 and hence be ultra vires the NLC.

A lot of critics were puzzled by how the chief minister could miss a crucial proviso in the NLC.

Truth is now being revealed

The chief minister has since wanted to convert a 1.4ha seafront site, adjacent to the 124-year-old Eastern and Oriental (E&O) Hotel along Lebuh Farquhar, from leasehold to freehold at his own free will.

On Oct 15, 2008, Lim issued a press statement that promised not to follow the footsteps of Koh in circumventing the NLC by converting all reclaimed land from leasehold to freehold status.

Now hardly a year has gone by, and Lim has silently converted the PDC Heritage Hotel site from leasehold to freehold status.

The PDC Heritage Hotel site is a 1.4ha seafront site adjacent to the 124-year-old E&O Hotel along Lebuh Farquhar.

This site is not even a reclaimed land. The conversion is clearly against the NLC proviso.

Has Lim something to hide from Penangites when he defended Koh Tsu Koon's decision on the Queensbay land conversion controversy?

Did Lim learn anything from the controversy? He has no excuse to pledge ignorance of the provision.

Why has he opted to flout the National Land Code by converting the 1.4ha seafront site adjacent to the 124-year-old E&O Hotel from leasehold to freehold? 

The PDC heritage project is within the heritage enclave which means it must comply with the height requirement of not being taller than 18 metres.

Without the conversion from leasehold to freehold, the project will not have sufficient commercial value to sustain.

Does Lim Guan Eng want to mislead us again by saying that the prime seafront land which is state land cannot be considered as a foreshore land?

I am calling all concerned Penangites to stand out and voice their concern over the conversion of reclamation land from leasehold to freehold.

We want a state government that abides by the law and not to find any loophole to circumvent any proviso of the National Land Code when dealing with state land. 

We need to initiate a movement to stop all illegal land conversion especially on reclaimed lands and seafront land.

I believe we need to put a full stop on this bad practice before it is out of control. For those who are interested, you are welcome to join us in our fight against all illegal seafront land conversion issues.

Ong Eu Soon,
Penang