Experts can be jailed three years for failed projects
Published on: Thursday, September 28, 2023
By: David Thien
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Chua said, “Any person who knowingly and wilfully aids, abets, counsels, procures or commands the commission of an offence under subsection (1) shall be liable to be punished with the punishment provided for the offence.”
Kota Kinabalu: Experts can be jailed three years for failed projects under a new clause under Section 21 of the amended Housing Development (Control & Licensing) Enactment 1978. It provides for custodial sentence and a fine for professionals who fraudulently over-certify progress certification and cost estimation.
Lawyer Chua Chinn Harn, who is the Chairperson of the Sabah Law Society explained on this provision in her presentation paper: “Abandonment of Housing Project” at the at the Shareda Institute organised ‘Property Chat: Seminar on abandonment vs Imprisonment’ event hosted by Shareda President Datuk Sr Chua Soon Ping at Bay 21 Function Hall here on Monday, Sept 25, 2023.
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She said under “Section 21C. (1) Any architect, engineer, or quantity surveyor, as the case may be, who issues:
(a) progress certification knowing that the works therein referred to have not been completed in accordance with the terms of the sale and purchase agreement; or
(b) an estimated cost of development knowing that such estimation is false or not supported by any basis or accepted industry standards, shall be guilty of an offence and shall, on conviction, be liable to a fine not less than ten thousand ringgit and not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or both.”
Chua said, “Any person who knowingly and wilfully aids, abets, counsels, procures or commands the commission of an offence under subsection (1) shall be liable to be punished with the punishment provided for the offence.”
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