唯有修改土地法典才能保障人民的土地和產業

Amendment to the Sarawak Land Code can only safeguard people’s lands and properties

According to newspaper report on 6 July 2007, the official of the Land and Survey pointed out that the application for the land lease renewal for the extension period can be 60 years or 99 years. As for the renewal for the agricultural land, the owner must fill all details of the plant species, the quantities and the tree age in the land extension application form. The owner also can take some photos of the plant. According to the official, the authority will examine the application of the land site, if it is not acquired by the government for development purposes, the related application will be approved. The application procedure at least will take 1 to 2 years then only to be able to obtain the official answer from the authority.

In accordance with the press statement made by the official, The DAP Miri branch chairman Fong Pau Teck then issues a press statement that wants the government to make clear explanation to the public. Whether the authority takes such complicated procedure to examine the application of a particular land site of which the land has been acquired by the government for development purpose or not with the result of 1 to 2 years is needed then only can reply the owner in respond with their land application? If yes, is it necessary to review?

On the other hand, need to fill in the details of the plant species and to provide photos, does this indicate that this is one of the conditions which the government considers whether or not to renew the land title deed? If it is so, the government should not send out such misleading opinion saying that if the application of the land site is not acquired by the government for development purposes, the related application will be approved. In other words, does this also indicate that if the agricultural land has no planting, even if it is not acquired by the government but the land lease still cannot be renewed?

In the aspect of the renewal premium of the agricultural land, the cheapest will be the countryside agricultural land; every acre will only need RM200. At present, such kind of land law which bring disadvantages to the landowners if it is not going to be amended even every acre renewal premium is cut down to RM20, the people are still unable to ensure whether the properties which were handed down by their ancestors will be able to keep by successful renewal of the land lease. The people should polish their eyes, not to believe all empty guaranties by the BN politicians.

Fong Pau Teck called upon all populace to get a clear understanding of the difference between ‘law’ and ‘policy’. A safeguard of the people’s properties can only be obtained through the amendment of the existing land regulation. He also pointed out that ‘policy’ can be revised anytime, as long as receiving the instruction from the powerful person of the State government, today is such a policy, the next day can be changed to another as long as the powerful man is happy. Now the reduction of the land renewal premium is the example, no safeguard can be shown toward people’s properties. But ‘law’ is then different. The law can only be changed after the majority have approved by voting through the state assembly men meeting, people’s property can only be protected under the law, if some ministries of the government do not handle the affairs according to the law, and the people have the right to sue the concerned government department to the court.

6/7/07 的一則新聞報導，土地局官員指出，申請土地更新或延長期限分為60年或99年。在更新農業地方面，業主必須在延長土地年限的申請表上填寫土地所種植的植物種類、數量和樹齡。業主亦可拍下所種植的植物。據官員指出，當局會查看申請地段，若沒有被政府徵用作發展用途，有關申請將會獲得批准。而申請程序至少需時1至2 年才會獲得當局的正式答覆。

民主行動黨美里支部主席房保德今針對土地局官員談話發表一文告，要州政府向人民解釋，當局查看申請地段有否被政府徵用發展用途的手續是否繁複，以致需1至2年時間才能答覆地主對土地的申請。如果是，是否有必要檢討？

另一方面，要填寫所種植的植物資料和提供照片， 是否意謂著政府將之作為更不更新地契年限的考量條件之一？ 如果是如此，政府則不應該發出諸如申請地段若沒被政府徵用作發展用途，有關申請將會獲得批准，的誤導性言論。換句話說，是否也意謂着農業地如果沒有種植的話，即使政府沒有要徵用也不能獲得更新地契年限？

農業地的更新費方面，最便宜的是郊區的農業地，每依甲僅需200令吉。目前各種不利於地主的土地法令如不修改，即使每依甲的更新稅降低至20令吉， 人民仍然無法確保祖宗傳下的產業能夠獲得延長地契年限而得以保全。人民應該擦亮雙眼，不要相信政客的空洞保證。

房保德呼籲民眾要認清「法律」和「政策」的不同，人民的產業唯有在現有的土地法令修改之下才能夠得到保障。他也指出「政策」隨時可以被修改，只要受到州政府內有權力人士的指示，今天是這樣的政策，明天只要他高興又可以修改成另一個政策，現在土地更新稅的降價就是一個例子，對人民的產業一點保障都沒有。但「法律」則不同，要修改法律則要經過州議會多數決的通過才可以修改，人民的產業只有在法律之下才會有保障，如果政府某部門不依法行事，人民有權利把那相關政府部門告到法院去。