(1) FEASIBILITY STUDY/REPORTS BY SAMA CONSORTIUM

(2) MEASURES TO OVERCOME PROBLEMS OF SEA-WATER INTRUSION

(3) PROBLEMS AT DURIN, SUNGAI ASSAN, SUNGAI MAAW FERRY POINTS

(4) CONSTRUCTION OF BRIDGES IN SIBU

(5) ROYALTIES FOR OIL AND GAS

(6) PUBLICATION OF NEWSPAPERS IN IBAN LANGUAGE

(7) LAND GAZETTED UNDER SECTIONS 47 & 48

(8) EXPIRY OF LAND LEASE

(9) AMENDMENT OF RELEVANT SECTIONS IN SARAWAK LAND CODE

(10) GUNS SURRENDERED TO GOVERNMENT
 
 

Speeches /Debates

"MEMBERS OF THE ADMINISTRATION AND MEMBERS OF DEWAN UNDANGAN NEGERI (REMUNERATION, PENSIONS AND GRATUITIES) (AMENDMENT) BILL, 1966"

"MOTION OF THANKS TO TYT YANG DI-PERTUA NEGERI SARAWAK FOR OPENING OF the 1st Meeting Of the 1st Session Of the 14th DEWAN UNDANGAN NEGERI"

DEBATE SPEECH BY WONG HO LENG, STATE ASSEMBLYMAN FOR BUKIT ASSEK, SIBU, ON THE SUPPLY (1997) BILL, 1996 
 
 
 

Encik Wong Ho Leng: Tuan Speaker, I would like to associate myself with the Honourable Members of this august House in thanking the Yang di-Pertua Negeri for having gracefully and graciously officiated the opening of the present session and addressed this House. We are indeed fortunate and grateful to have the continued leadership of our Yang di-Pertua Negeri who I am sure has given his valued and able advice to our government as our country moves forward to the challenging 21st century.

Tuan Speaker, I would like to address this august House on the issue of development. I would like to emphasize first and foremost that before the DAP Assemblymen in the name of myself, Y.B. Wong Sing Nang and Y.B. Wong Sing Ai attend this sitting, the three of us had held a Peoples' Consultative Convention on 2nd November, 1996 at Sibu. Some 200 participants turned up at the convention and they did voice their grievances and plight and hopefully they said that this voice would be heard in this august House. This is their voice, Tuan Speaker.

Tuan Speaker, the Seventh Sarawak State Election saw the State Barisan Nasional being returned to power by a massive margin. It was an awesome landslide victory for the State Barisan Nasional which won 57 out of 62 constituencies they contested, compared to DAP three seats and Independent two seats. I rise to congratulate Y.A.B. the Chief Minister for having led the State Barisan Nasional to such a significant success. Surely the people in Sarawak have endorsed and appreciated the Chief Minister's vision of a better Sarawak and with his policy or Politics of Development. Against the backdrop of this humongous success, Tuan Speaker, the State Barisan Nasional component party, the SUPP, suffered its worst election debacle when they lost four seats, three seats to DAP and one seat in Meradong, to an Independent in Meradong. It is particularly sad, of course, that its Chairman, the previous Deputy Chief Minister, Tan Sri Datuk Amar Dr. Wong Soon Kai, lost... (Interruption)

Tuan Speaker: Ahli Yang Berhormat, please avoid using names in your speech.

Encik Wong Ho Leng: Thank you, Tuan Speaker.

Tuan Speaker, at the loss of the N.39-Bukit Assek Constituency, we saw the loss sent shockwaves to far and wide. Indeed the loss sent shockwaves throughout the nation and filter into the international arena. I have been told, Tuan Speaker, that the news was even broadcast through the CNN at the prime hours. Our eloquent Prime Minister greeted the loss by his friend and university mate with disbelief and responded by asking the question "What has he done wrong?" You can see in Sin Chiew Jit Poh, Tuan Speaker, our Chief Minister responded by asking, "Why has the Chinese taken the opposition stand?" But like all good leaders and parents suggested that he would like to find out why and get some solutions. Other SUPP leaders responded by condemning the verdicts of the people as obviously wrong. Ahli-Ahli Yang Berhormat for Bawang Assan and Dudong voiced out in a few occasions that development projects in Sibu will be affected, having forgotten that there are three BN ADUN and two MPs still serving in the area. The Sarawak Tribune, Tuan Speaker, on 9th September, 1996 responded by printing a full page advertisement saying that Sibu had lost its Deputy Chief Minister and the next five years will come to a standstill. This advertisement was sponsored by MILO and at the end of the page was captioned "It's marvellous what MILO can do for you". Marvellous indeed!

Tuan Speaker, much tears were shed at an emotional welcome home occasion at the Sibu Airport on 13th September, 1996 organised by the local Chinese Associations. Not only had the people shed tears, many Y.B. shed tears. Then came the boycott of the See Hua Group of newspapers masterminded, of course, by the SUPP leadership. From the bottom of my heart, Tuan Speaker, I had sincerely hoped that all this unfortunate and sad incidence... (Interruption)

Tuan Speaker: Ahli Yang Berhormat, I think you are straying a little. Would you confine the subject matter on the Tuan Yang Terutama's speech, please?

Encik Wong Ho Leng: Thank you, Tuan Speaker. On the debate on this TYT speech, Tuan Speaker, I would like to go straight into the issue of development. Now, Tuan Speaker, the people's message in this election was very clear. They want development as well as democracy, one which will augur well with transparency and answerability in the government. In terms of development, it is an undeniable fact that the central region of Sarawak has been quite neglected. Few Barisan Nasional Y.B. dared voice out this state of unbalanced development for fear of antagonising Y.A.B. Chief Minister. The probable exception is the ex-Seduan ADUNN, who more than two years ago suggested in this august House that the development in Sibu had been neglected and its pace of development was slower than Kuching, Miri, Bintulu and even Sarikei. It was a strong message which had not been well received or had fallen on deaf ears.

There is an acute braindrain from Sibu. Youngsters are forced by the lack of opportunities in Sibu to leave their much beloved hometown and are seen moving out to Kuching and Miri. Funds were not pumped into Sibu, instead they were drained out to Kuching and Miri towns. More than hundreds of Sibu residents have pumped money to invest and buy properties in Kuching and in Miri. Only yesterday evening, Tuan Speaker, two SUPP committee members from the central region met me at a hotel restaurant and said that they are going to move their business and homes to Kuching next month. They merely follow the unfortunate trend set by others.

There have been many complaints from Sibu residents that their Y.B. have not done enough to voice their plights. The people had made numerous attempts to voice their grievances to their representatives. Most of the time they were not heard. It had been quite common for the representatives to urge the people to be patient, just wait, you must wait as if you must wait before goodies would come upon you.

It is unfortunate, Tuan Speaker, that the development in the central region has seemingly been neglected. I sincerely urge the government to rectify this situation. There must be balanced development, for it is Sibu which generates much of the revenue for the Consolidated Fund of Sarawak.

I like to address the issue on bridges construction, Tuan Speaker. It is high time that the government considers building at least one or two bridges in Sibu linking parts of the central region with the rest of our state. The people of Sibu had made thousands of complaints on the amount of time spent and fuel wasted while waiting for ferries to cross the rivers at Durin, Sungai Assan and Sungai Ma'aw. For many years the people in Sibu had been promised bridges particularly during election times. The Barisan Nasional candidates had repeatedly begged the people to support the Barisan Nasional and to be patient. So long as you voted the Barisan Nasional candidates, bridges will be built. It's just a matter of time. Unfortunately, Tuan Speaker, this had turned out not to be the case. They are all roars of thunder with no rain in sight. In Chinese it is said, "You only heard noises on the staircases but you do not see people stepping down."

(Paragraph expunged by order of Tuan Speaker)

On 17th February, 1994 issue of the Malaysia Daily News, it was reported that the Durin Bridge would begin construction in 1996. Y.A.B. Chief Minister officiated the earthbreaking ceremony for Durin Bridge in the election time in August 1996. There was not a single plan available yet. There has been no tender, no consultant. I sincerely hope that the construction of the said Durin Bridge will get off the ground as soon as possible, otherwise the people might think that the earthbreaking ceremony was merely a bait for the State Election. I also sincerely hope that the State Government must be sincere while making promises, all pledges must be honoured. I would suggest that it is high time to start building the Durin Bridge, the Igan Bridge or the Sungai Assan Bridge, either by the government or by arrangement with the private sector.

It has been reported that the Executive Chairman of Ekran Berhad, Tan Sri Datuk Ting, had confirmed that he had completed a comprehensive study on the construction of a series of eight bridges which will link Sibu Town to Tanjung Manis Port. It was said these bridges would cost a total of RM450 million and would be completed within a period of just 18 months. It was also reported that Tan Sri Ting said that the State Government has known of his intention to build all these eight bridges. I myself had seen some of the study papers and the plan drawn by the South Korean construction giant - Hyundai which was alleged to have been costing the well-known Malaysian construction supremo, Tan Sri, RM3 million. I have no reason to doubt there was indeed a serious intention on the part of Tan Sri to build these eight bridges. The crystallization of these eight bridges is expected to transform the whole central region of Sarawak into a robust and dynamic growth centre, catapulting it into the era of unprecedented development. Unfortunately, Tuan Speaker, it had been reported that Tan Sri Ting was asked not to handle the project because he is not a local from Sibu and that the project should be better handled by a Sibu firm. It is hard to believe that because Tan Sri Datuk Ting is not a Sibuan and hence he should not build bridges for Sibu. The DAP and I strongly oppose regionalism in development. If Tan Sri Ting has sincerity and the fund to build a bridge or more bridges for Sibu, the greenlight should be given as soon as practicable. To quote Deng Hsiao Ping, China's paramount leader: "It does not matter black cat or white cat, so long as they catch rats, they are good cats".

At the moment the people have to wait for one, two or three or sometimes even five or six hours for the purpose of crossing the rivers at Durin, Sungai Assan and Sungai Ma'aw, Tuan Speaker. Sometimes in festive season, they have to wait for long hours, more than five or six hours. Mental and physical patience are severely tested while waiting. Some are forced to jump the queue. I know of one incident where a person jumped the queue and his four front teeth were smashed out of position. Some Y.B. and local council members board the ferry first thinking that they are licensed dignitaries or VIPs, all to the annoyance of others waiting. Those so-called dignitaries thinking they can cross at any time are oblivion to the cries and screams of the ordinary citizens who have to wait merely because they are ordinary peace loving citizens.

In the 1950s, Tuan Speaker, small jungle tracks served the rural areas. People used sampan to cross rivers. The most it took is half an hour to cross the rivers. Even during the time of the late Wong Nai Siong in the 1900s, Tuan Speaker, it would taken a mere three hours to paddle a sampan from Durin to Sibu or to Sungai Merah. Despite the Politics of Development, life has actually slowed down in Sibu because of waiting. It is a grotesque mockery to the Politics of Development. I am confident that this is not what Y.A.B. the Chief Minister wishes to see for his people. For the people to have to wait for hours, appointments are missed, works delayed, agreements not signed, dinners and lunch become irregular or missed. Fuels are unnecessarily burnt. The government loses out as well as the people. So, how is our government going to help Malaysia, our beloved nation, to achieve Wawasan 2020? In the state, as it is now, how is Sibu going to achieve Vision 2005, a city status?

While joining at the waiting on the ferry point recently on the 4th November, 1996, I myself heard of complaints like, "We waited for ten ferry trips last night". I also heard them complaining, "Penang is about to build the second bridge linking the Peninsular. There is even a plan to build a bridge linking Malaysia with Sumatera. Why can't Sibu have one bridge and one bridge only?" Have the Ministers heard these cries? Can I invite probably Members of this august House to join me in the queue, the massive long queue, at this ferry point? Only then we will realise the pains of waiting for ferries.

Tuan Speaker, it cannot be doubted the bridge will shake up the economy of Sibu. Just imagine a situation where 300 cars coming from outstation coming into Sibu and spend a night here, each car spending a mere RM150 or do some shopping here. It will be RM1.35 million per month to the Sibu coffer. It means a sum of over RM16 million will be received by Sibu over a period of just one year. The wisdom of a bridge is quite obvious. The construction of some bridges for Sibu is long overdue.

Land Issue

And I go, Tuan Speaker, to land issue. The Land Code is a piece of legislation known for its notoriety in drafting. It is a piece of legislation overdue for review or redrafting to suit modem living or modem values. The historical background of the Land Code, it dated back to 1867. It was codified in 1967 after numerous rules, ordinances and bills have been made by the White Rajah and the Colonial Government. The Land Code is the most frequently amended legislation in Sarawak. Virtually many amendments are tendered, have been proposed in every sitting. Unfortunately, the section relevant for development purposes, the compensation section, Sections 47, 48, have remained unamended for some 14 years.

In the sitting of this House on the 9th May, 1995, many Ahli Yang Berhormat have already voiced and made suggestions on the Land Code, Sections 47 and 48. There is one Ahli Yang Berhormat who said, "Now, Sir," addressing the Speaker, "do we need to examine the law thoroughly in the face of development that is going on in our state?" Let us be honest with ourselves in the history of the state that in the first 91 years of the history of the Land Code, there wasn't and let me say, there wasn't much demand for land as an asset for industrial commercial development, but since 1958 to the present date, 37 years have lapsed but we can proudly say, Tuan Speaker, that Sarawak has developed tremendously, economically, socially and for that matter, educationally. I can see, I can say that I fully share these sentiments. The law must keep pace with changes in time and life. The people in Sarawak, Tuan Speaker, are very concerned on the government's stand in acquiring land in the manner under which compensation is made. There has been widespread feelings that the government have not compensated landowners fairly or adequately in accordance with the fair market price.

Compensation

On the 21st April, 1995 Y.A.B. the Chief Minister said that under his leadership, no one would be paid below market price if their land is to be acquired for development purposes. We trust what the Chief Minister had said, but the Chief Minister like all others are bound by the law. The law here is Sections 47, 48 and relevant provisions. Nobody, even the Chief Minister, can bend the law and suggest to his subordinates that the affected landowners must be paid the market prices, different from the date Section 47 was imposed. Hence, the machinery pursuant to which land is acquired is important. It has to do with proper and serious planning.

Tuan Speaker, I must emphasize that DAP do not oppose the government's act in acquiring land for development which must, of course, be meaningful and beneficial to the people like building of roads, schools, townships, parks, places of worships like churches and mosques. The DAP has repeatedly emphasized that when the government acquires land for these purposes for development which we are concerned with at this moment, it must make sure the landowners are adequately compensated. In fact the Federal Constitution provides that every citizen has a fundamental right to property. Hence compensation for land acquired must be reasonable and adequate, otherwise it would be unconstitutional.

Tuan Speaker, in the sitting of this august House on the 11th of May and 12th May, 1995 last year, many Members have risen to speak on the Land Code particularly touching on Sections 47 and 48. Notable Members who had voiced out on compensation for development were Ahli-Ahli Yang Berhormat for Lambir, Dudong, Seduan, Kidurong, Meradong, etc.

Tuan Speaker, you will recall that, Tuan Speaker yourself was also one of those speakers who had voiced out on Sections 47 and 48. Tuan Speaker, you would recall the central theme in all these speeches is that there is little objection even from the landowners themselves if the land is to be acquired for development purposes. But if the area is not needed within a specific time frame of two to three or even five years, then Section 47 imposition should automatically lapse. Much that these Ahli Yang Berhormat have discharged their duties and voiced out their fear and grievances of landowners, it was unfortunate that these had not been acted upon and no amendment had been made even up to this sitting. There is a lot of good sense, Tuan Speaker, in legislating that Section 47 imposition should automatically lapse if the subject land is not required for development purposes after a few years. In fact three or five years is already too long. I will echo my support that the Land Code particularly Sections 47 and 48 as they now stand then must be reviewed and must be amended. I will suggest that if the subject land is not required for development purposes in two years, then Section 47 shall automatically lapse.

Tuan Speaker, I most humbly urge Y.A.B. the Chief Minister to reconsider his stand taken in 1995 and make appropriate amendments to Sections 47 and 48 of the Land Code. It would help ensure that landowners are compensated according to fair market prices. Tuan Speaker, I can quote a particular court case to show landowners have not been compensated fairly or in accordance with market value. This case is the name of Lau Kieng Kong and others versus Minister for Resources Planning reported in 1994 Volume III of MLJ (Malayan Law Journal), page 443. The land concerned was Lot 136, Kemena Land District. Section 47 was imposed on the 16th January, 1973, saying that the land was likely to be needed for the development of Bintulu Town. On 25th of March, 1982, Section 48 was imposed to the effect that the said land was required for the provision of a site for residential accommodation for public servants. Pursuant to Section 51 of the Land Code on the 11th September, 1985, the Superintendent of Lands and Surveys Miri awarded a compensation in the sum of RM70,864.

The landowners engaged a valuer to value their land. It was valued at RM1.06 million. The landowners were dissatisfied with the award compensated and brought the matter to the court. The judge, the late justice, Justice John Chong, dismissed the landowners' case with costs. There have been many similar cases before the court but these cases had been discontinued after the case of Lau Kieng Kong had been decided some nine years after it was filed in court.

Tuan Speaker, it is a well-known fact that Section 47 imposition puts a cloak on the subject land. The value of the subject land will be drastically and adversely affected. In the case of a buyer wanting to buy the land, the Land and Survey Department will require the purchaser to sign a statement that he is aware of Section 47 imposition and that in the event of a Section 47 acquisition, the purchase price could not be duly considered. So, this has to do with compensation in the light of development. In the light of this, Tuan Speaker, it would be hard to determine fair market value unless Section 47 does not remain too long. Hence, my suggestion, Tuan Speaker, Sections 47 and 48 must automatically lapse after two years (Interruption)

Tuan Speaker: Ahli Yang Berbormat how much longer will you take?

Encik Wong Ho Leng: Another five minutes, Tuan Speaker.

Sibu Township

Now, I will touch on the Sibu Township, also relating to land development. There is widespread fear amongst the landowners along the 10th to 16th mile Oya Road, Sibu where more than 5,000 acres of land have been demarcated for the development of the Sibu Twin Township. These landowners have petitioned to several authorities. According to them, on 20th January, 1995, 20th April, 1996 and 30th April, 1996, petitions containing signatures and wishes of the landowners were delivered to the hands of the previous Deputy Chief Minister. They even made a visit to the residence of the Deputy Chief Minister at the end of April 1996. They were unable to get much assistance. On 26th April, 1996, they jointly petitioned to the Land Custody and Development Authority. Again, they failed to generate much response. On 27th October, 1996, they again made and signed another petition. The landowners are not certain of the prospect of their compensation and the viability of the Sibu Township Development Project.

(Paragraph expunged by order of Tuan Speaker)

Tuan Speaker: Ahli Yang Berhormat, please avoid using names.

Encik Wong Ho Leng: Much obliged, Tuan Speaker.

(Paragraph expunged by order of Tuan Speaker)

The landowners have been aware the compensation in Durin near the Sibu Airport amounted to RM26,000 only per acre which is about one third of the market value at the moment. But shophouses constructed at this site, the Sibu Jaya Township at Jalan Durin are to be sold at between RM390,000 and RM540,000 for three-storey shophouses and between RM420,000 and RM600,000 for four storey shophouses. To the landowners they feel there is unfairness that their land should be sacrificed in the name of development, for the developer is the one who laugh his way all the way to the bank.

Tuan Speaker, while the Yang di-Pertua Negeri has praised Kuching for its cleanliness as we are all aware, on issue of the environment also which is coupled with the development, I would also like to address this House just for one minute. There are many complaints from the Sibu people regarding the Sibu Municipal Council (SMC) rubbish dump at Oya Road. I have been told that the dump site has been there for some 30 years. One wonders whether it is because of the manner in which rubbish was treated in the site, extremely filthy smell fills the air for a radius of many miles as traffic slows down and as nights set in. The smell stays there until early morning. Because trees nearby are being cut down for development of residential houses, the stench has travelled to far and wide. The stench has become unbearable and has become a health hazard. I sincerely urge the Minister to look into this aspect concerning the environment.

Tuan Speaker, with these words I support the motion to sincerely thank the Yang di-Pertua Negeri for his valued address in this House. Thank you.