Lim Guan Eng Continue to Grab the Wrong Headlines

The declassified minutes on the conversion of PDC Heritage Hotel released on Saturday by Lim Guan Eng administration reveal that the PDC Heritage Hotel site is a foreshore land.

Foreshore is the area that is exposed to the air at low tide and underwater at high tide. For development on coastal zone, a construction setback of 60 m is normally observed. Setback is a guideline to developers on how far to site permanent structures behind the shoreline in order to avoid problems with short-term coastal response and flooding problems during rough weather.

If strictly follow the guidelines from Department of Drainage and Irrigation Circular 1987, no permanent structures should be permitted within this setback zone.Guidelines for the width of the setback zone arise from Department of Drainage and Irrigation Circular 1987, which specifies 60m on the open coast. The 60 m setback create a costal buffer zone that should be remain in public domain. This coastal buffer zone effectively allow public access to the foreshore.

The land of any development site that fail to observe this requirement should be considered as a foreshore land. Or put it in another word, the land of any development site that fall within the 60 m setback from the foreshore line is consider as a foreshore land.

The minutes on the land conversion reveal that the state legal advisers had reminded LGE that the site is a foreshore land that under the National Land Code proviso, it can not be converted from leasehold to freehold status. In converting the land, Lim Guan Eng has referred to section 76(aa)(iii) of the NLC which says land could be converted “where the State Authority is satisfied that there are special circumstances which render it appropriate to do so” . What is the special circumstances that LGE referred to in justifying the land conversion?

The special circumstances that Lim Guan Eng has cited for justifying the conversion is as follows:

1) That the project was neglected and in an “abandoned” state.

2) That the equity held by PDC has been raised from 49% to 50%

3) That the cost of equity conversion is borne by YTL Hotels & Properties Sdn Bhd

Lim Guan Eng failed to address public concern over the sell of our foreshore land to private interests.
On Oct 15,2008, in a press statement, Lim Guan Eng has promised that the state government would not follow the footstep of his predecessor in circumventing the National Land Code proviso that prohibit the conversion of foreshore land from leasehold to freehold status. The sad truth is that the Chief Minister who once fought alleged land scams committed by the previous state government, is now personally involved in a questionable land conversion. This is a treacherous betrayal on the people by Lim Guan Eng.

Lim Guan Eng hopes by releasing the minutes on the land conversion, he can divert the attention of the people on the questionable land conversion. As usual he took the opportunity to blame Koh Tzu Koon for the land conversion. If Guan Eng sincerely believe that what Koh Tzu Koon did is wrong, he should not go ahead with the land conversion. This is probably the most disturbing incident came after Lim Guan Eng openly promised not to cheat Penangites of their foreshore lands. Disturbing because Lim Guan Eng love to continue what Koh Tzu Koon did, but will blame the later when being criticized for whatever decision he made.

It is important for Penangites to understand why he made the decision that he's made, Lim Guan Eng should walk Penangites through the reasoning why that decision was made. The special circumstances that Guan Eng has referred to is hardly special at all.