Brunei - Law Society should have been consulted

Proposed changes in Land Code

THE President of Brunei's Law Society said yesterday the legal community should have been consulted regarding any proposed change to the Land Code referring to the government's move to limit power of attorney (PA) in property ownership as the repercussions could be "far-reaching" for private law firms.

Speaking on the sidelines of the opening of the 2012 Legal Year, Hj Muhammad Zainidi Hj Abdul Hamid said the views of the Law Society were not sought prior to the announcement that all property owned through PA would be converted into 60-year leases.

"We are looking for the proper authorities to consult us or seek our views on this matter because it does affect the legal profession and the public... We are also, at the moment, not very sure what exactly are the changes or proposed changes," he told The Brunei Times yesterday.

His concerns were echoed by many sectors of society who seek further clarification from the authorities on the new regulations.

Hj Muhammad Zainidi said most were unaware that changes in the Land Code were abound."We are surprised by the contents of the announcement, it would be nice to be given a heads up on what's going to happen or what should happen," he said, adding that he first heard of the announcement through media reports.

"We haven't had enough time to think (of the implications). I loathe to say anything more because of the paucity of information we have," he said.

In delivering his address at the opening of the Legal Year, the Law Society president said that among the objectives behind the establishment the Law Society was to assist the government and the court in all matters relating legislation, to promote the interests of the legal profession and to protect the public in all matters relating to law.

"In light of recent announcements which were reported in the press in respect to some changes, or may be proposed changes to the Land Code, the Law Society feels that it can better carry out these legislated purposes if the relevant authorities can seek their views and invite them to participate in any major changes proposed to any laws that will affect us and the public."

"We hope that we will be given more opportunity to assist as such and to provide some constructive advice for the good of all concerned," he said.

The announcement that all properties purchased through PA or trust deeds will be converted to temporary leases "effective immediately", was made by the Minister of Development during a meeting for the Eighth session of Legislative Council last Thursday. The move predominantly affects permanent residents and foreign investors who have used PA to purchase assets such as housing or land.

Under Brunei law, only citizens are eligible to own land outright. Commenting further on the matter, Attorney General Datin Seri Paduka Hjh Hayati POKSDSP Hj Mohd Salleh said the Chambers are still drafting the amendments to the Land Code that would enforce the policy under law but there was no time frame for when the changes should be completed.

"We will translate whatever policy they (the government) want to do....The committee is still sitting and there is a draft law for the amendments to be drafted and that's still being looked into," she said yesterday.

SYAZWAN SADIKIN AND QURATUL-AIN BANDIAL

The Brunei Times

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