New legislation soon on land development
Published on: Sunday, January 08, 2017
Kota Kinabalu: The proposal to revamp the land development process that includes the conversion of land and the proposal of new legislation to streamline the issuance of individual titles of properties, particularly high-rise developments, is at final stage of endorsement.The fresh legislation is expected to be tabled at the State Legislative Assembly this year, said Sabah Law Association (SLA) President Brenndon Keith Soh at the opening of the legal year in Sandakan on Friday.The SLA has been resolutely committed to both the special working committee headed by the State Attorney General and the steering committee headed by the Minister of Special Tasks, Datuk Teo Chee Kang, he said.ADVERTISEMENT On this note, the SLA hoped the special working committee would also assist in the amendment of the Sabah Land Ordinance to remove the current uncertainty surrounding the issue of indefeasibility of title or interest.The effect of the recent Federal Court decision in Sia Hiong Tee & 3 Others v. Chong Su Kong and 6 Others [2015] confirmed that under the Sabah Land Ordinance there is an absence of protection for the bona fide purchaser without notice, said Soh."As the majority of practitioners in the State of Sabah are conveyancers advising members of the public and financial institutions on the legitimacy of title, ownership and interest, the Association believes that legislative intervention is now a matter of urgency so as to remove the current quandary. "From a policy perspective, perhaps it is time to consider implementing an assurance fund or title insurance so that any person who subsequently suffers a loss as a result of fraudulent conduct may have recourse for recovery and compensation accordingly," he said.ADVERTISEMENT Meanwhile, he said, the approval of the Advocates Ordinance (Sabah) Amendment Act 2016 by Parliament on Oct 18, 2016 and subsequently by Dewan Negara on Dec 20, 2016 was a landmark event for the Sabah Bar. "The amendments to the Advocates Ordinance have been mooted by the Sabah Law Association over a quarter of a century ago and will, inter alia, entail the formation of a statutory body called "The Sabah Law Society" for all advocates in the State of Sabah.
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"This institution will have a sanctioned role in the admission, discipline and the conduct of all advocates. Inevitably this paves the way forward towards self-regulation and independence of the legal profession in Sabah both of which form a fundamental part of the Bar's self-identity," he said.He said the creation of the Sabah Law Society was in accordance with the spirit of the constitutional safeguard accorded to the then Borneo States as declared in the Report of the Inter-Governmental Committee, Section 63 of the Malaysia Act 1963 and Article 161B of the Federal Constitution."This historic event will therefore provide recognition for the autonomy of the legal profession in Sabah."Once formed, the Sabah Law Society will join the ranks of other statutory regulators of the legal profession, namely the Bar Council, the Law Society of Singapore and the Integrated Bar of the Philippines. "We are made to understand that the Advocates Association of Sarawak are on a similar journey and we look forward to the day when there will be three statutory bodies regulating the legal profession in Malaysia," said Soh.The Association is ready to work on an amenable and rational framework of rules for Continuing Legal Education (CLE) to require all advocates to attend a minimum number of hours of legal education in a calendar year, he said, adding that the rules are expected to come into force by next year.Stay up-to-date by following Daily Express’s Telegram channel.
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"The view taken is that the CLE is necessary to keep abreast with the latest laws and jurisprudence, to maintain the ethics of the profession and enhance the standards of the practice of law. Upholding requisite high standards of professional conduct and capacity of an advocate will prevent the ever prevalent potential for erosion of public confidence against our noble profession."If we are to impose these standards on our newer members of the Bar, we should be brave to admit that the learning should never cease, irrespective of our seniority," he said.