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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