16 August 2011

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news

Buka Puasa/Imsak Times IMSAK Ramadan 16, MAGHRIB 1432H (TODAY) (TOMORROW)

WILAYAH PERSEKUTUAN Kuala Lumpur and Putrajaya

7.26pm

5.43am

SELANGOR Zone I: Daerah Gombak, Petaling/Shah Alam, Hulu Selangor, Hulu Langat and Sepang Zone II: Daerah Klang, Kuala Langat, Kuala Selangor, and Sabak Bernam

7.26pm

7.29pm

5.43am

5.45am

History of the NLC THE National Land Code (NLC) 1965 is the highest law related to land matters in Peninsular Malaysia. The NLC does not apply to Sabah, Sarawak and Labuan. The Acts embedded in the NLC, however, does not and cannot override any prior law or decisions made before the NLC was fully implemented. Nevertheless, the NLC has come under fire for failing to protect property owners from losing their properties through land scams. In the Adorna Properties Sdn Bhd vs Boonsom Boonyanit case in 2001, the Federal Court protected the buyer of such properties, leaving the real owner with little recourse. This decision was overturned by the same court last year, plugging a loophole in the law and now allowing owners who lost their land to fraudsters to redeem their right to their property. In 2007, the MCA Public Services And Complaints Department recorded 16 cases of land scams with a total worth of RM20 million. Last year, Minister in the Prime Minister's Department Datuk Seri Mohd Nazri Abdul Aziz had hinted the government was likely to amend the NLC to protect the interests of genuine land titleholders in the country.

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Education Ministry targetting a 50 per cent increase in Internet access from homes through EduwebTV by year-end with presentation of 1Malaysia netbooks to students — Deputy Minister Dr Mohd Puad Zarkashi PETALING JAYA

MAHB: It's not our doing Airport operator cites Home Ministry, Immigration responsible for RM35 security fee THE extra RM35 "security" charge for international passengers travelling from Malaysia to countries with t he Advanc e Pass e nge r Information System (APIS) is not imposed by the Malaysia Air p or ts Holdings Bhd (MAHB). This was clarified by the national airport operator's corporate communications general manager Nik Anis Nik Zakaria yesterday. "APIS is a system (implemented) by the Home Ministry under t he Immigration

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By ASRUL HADI ABDULLAH SANI asrul@mmail.com.my

Department. It is not a system developed by MAHB. "I would like to reiterate the RM35 APIS system fee is not imposed by MAHB and is not part of the Passenger Service Charge (PSC)," she stated in an email to The Malay Mail. In our front-page report yesterday, it was revealed i nte r n at i on a l t r avel l e rs departing from Malaysia may find themselves paying RM35

more for security on top of the RM14 hike on airport tax. Sources had told The Paper That Cares MAHB may impose the RM35 fee to cover costs of maintenance and new equipment if it implements the APIS. Designed in the United States, APIS is an electronic data interchange system that captures a passenger's details, including full name, gender, birth date, nationality, country of residence, travel document type, travel document

reference number and final destination. The system is used to vet high-risk passengers, such as suspected terrorists. Data gathered can be used to stop passengers from boarding an aircraft by immigration at the destination country. The US had imposed the system after the Sept 11, 2001, attacks on New York and Washington. It is also understood the International Air Transport Association (IATA) had been pushing the Malaysian gov-

ernment to implement APIS so airports here could conform to international standards. However, according to the sources, the IATA is against the move to impose the RM35 fee as it believes the government should bear the costs as it involved security issues. Nik Anis declined to comments on IATA's stance over the implementation of APIS in the country's airports. "I am not aware of IATA's position on this matter," she said.

Changes to deter land scams

Certificate of Correctness

ACCORDING to the "RegistrarGeneral of Land, Information Paper 2000/01: The certificate of correctness under the Land Transfer Act" by BE Hayes, the Certificate of Correctness was first seen in the New Zealand land system in 1870. Here, a lawyer (when a lawyer is acting) has to sign a Certificate of Correctness. To give this cer-

tificate, the lawyer must be satisfied (among other conditions) with the identity of the person who has signed the instrument. Hayes had illustrated the Basis of the Practitioner's Certificate of Correctness. (see graph above) The article "Identity Fraud" published on lawlink.co.nz, stated: "It is important for lawyers to check on the identity of new cli-

ents. Lawyers also have an obligation to check on a client's identity under the Financial Transactions Reporting Act 1996 (which is aimed at detecting money laundering). In the future, lawyers are therefore more likely to request clients to produce original identification, and may ask for a second document to confirm identification."

● SUBSCRIPTION to National Registration Department (NRD): State and district land offices are advised to subscribe to the online NRD services to check the details of parties involved in transactions. ● Upgrade computer land registration system to version 2.8.4: Thirty of the 101 land offices in the country use the new system. Among the features include a "push email" feature where, once a land is registered, a copy of the transaction will be emailed to the law firm. There are also better firewalls to avoid hacking. ● Bar codes on original land titles. ● Checks at counter: Experienced land officers will be placed at the counters to vet documents before proceeding with transfer application. ● Cooperation with police:

Police to conduct audit trails if required to help investigations. This will enable cops and the Land and Mines Department to pin point officers involved in the transaction. ● Advertisements: The Land and Mines Department, in collaboration with the National Film Department, have produced and aired several advertisements advising property owners to pay their assessment to encourage them to check their land ownership status. ● Data cleaning: About RM5 million was spent to clean the records and data system for several States including Negri Sembilan, Selangor, Pahang, Kuala Lumpur, Terengganu and Putrajaya. This was done to ensure records were updated while irrelevant files were deleted from the system.

Land offices need to subscribe to NRD online service

● Weekly: RM1.50, Monthly: RM5.00

Weather Update

The Malay Mail Tuesday 16 AUGUST, 2011

● From pg1 Our investigation led to the admission by Selangor Land Office assistant director Nazrul Shukri Ali that they did not have an infallible method to ensure land titles were granted to rightful owners. He also admitted thumbprint scanners in the State land offices were offline as their

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system was not linked with the National Registration Department (NRD). This was clarified by the NRD in our Aug 2 report. On this, Azemi said thumbprint scanners distributed to the land offices were in working order, just that some of them had not subscribed to the NRD's online service. "NRD handed us 180 units of

EDITORIAL Tel : 03-74951288 Fax : 03-74951229 Email : mmnews@mmail.com.my

scanners which we gave to the States. To have real-time details of the persons intending to transfer land ownership, land offices need to subscribe to the NRD's online service. He said biometrics were already being used at the Federal Territory Land Office and the Temerloh District Office in which RM97,000 was spent to introduce the system in the lat-

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ter office. Azemi also stressed land grab scams had been gradually reduced over the years. "We have had cases where several land officers were involved with syndicates, including in Perak and Selangor. In 2009, a clerk from the FT office was arrested. We have not heard of any other cases since." Meanwhile, Land and Mines

Office research and development director Mohd Shukri Ismail said the Certificate of Correctness would ensure lawyers' responsibility when dealing with land and property transfers. "It will be part of the memorandum of transfer document. We will also conduct checks on the law firm and lawyers dealing with us."

TO CONTACT US: Newsdesk : 03-74951015 & 03-74951017 CLASSIFIEDS : 03-74951273/03-74951282 General line : 03-74951288 CIRCULATION : 03-74951068 Fax : 03-74951226


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