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Research paper thumbnail of The Legality of a Private Lease Scheme: Pull the Wool Over the Purchaser’s Eyes?

PLANNING MALAYSIA

The developer transferred a 99-year lease to the purchasers in a PLS instead of transferring the ... more The developer transferred a 99-year lease to the purchasers in a PLS instead of transferring the property ownership. Upon lease expiry, the property shall be reverted to the owner. In Malaysia, the Housing Development (Control & Licensing) Act 1966 (HDA 1966) regulates that a developer must transfer property ownership to the purchasers. "Build and lease" under the PLS does not comply with the law. This article is a conceptual paper that employs doctrinal research to analyse the legal position of property sale under a PLS and examine its compatibility with the existing law. The Courts' decisions on cases related to a PLS property are analysed to determine the PLS's implication on the purchasers' interest. Ultimately, to safeguard the purchasers, the amendment of the laws is recommended as a legal platform to legitimise the PLS.

Research paper thumbnail of Reforming Mental Health Law & Policy at Work Place: Better Late than Never

International Journal of Academic Research in Economics and Management Sciences

Research paper thumbnail of Legal implications of land fraud on security of tenure under the conveyancing law and practices in West Malaysia / Noraziah Abu Bakar

Research paper thumbnail of Revisiting legal framework for sustainable tourism in taman negara Malaysia

Research Journal of Applied Sciences, 2013

Tourism industry has widened its scope from traditional tourism to a more sustainable one in the ... more Tourism industry has widened its scope from traditional tourism to a more sustainable one in the recent decades. Sustainable tourism, ecotourism or green tourism has been the latest jargon used by the industry to attract tourists to be more sustainable and enjoy their holiday in nature. If sustainable development refers to meeting the needs of the present without compromising the ability of future generations to meet their own needs, sustainable tourism would denote tourism which respect and conserve as well as not to harm biodiversity and socio-cultural balance. The greatest task to conserve the remaining biodiversity however may come down to some developing countries. They are now confronted with the real challenges to create sustainable community while coping with their rapid economic growth. Malaysia for instance has gazetted several national parks but those areas are exposed to illegal loggings and deforestation which will have great impact on its biodiversity. The remaining fo...

Research paper thumbnail of Constitutional Issues in Integrating Water Resources Management in Malaysia: A Case Study of the Selangor Water Management Authority

OIDA International Journal of Sustainable Development, Mar 29, 2012

Abstract: Integrated Water Resources Management or IWRM is a process which promotes a coordinated... more Abstract: Integrated Water Resources Management or IWRM is a process which promotes a coordinated development and management of water; land and related resources that maximize the economic and social welfare of a country without compromising the sustainability of its environment. It is essential for Malaysia to adopt the IWRM concept in managing its water resources to overcome the usual flash flood and water shortages in its major cities. In this regard the State of Selangor of Malaysia, being the most industrialised ...

Research paper thumbnail of Corruption or Corporate Hospitality in Commercial Organisations: Challenges and conundrum

Environment-Behaviour Proceedings Journal

Commercial organisations practise corporate hospitality to develop loyalty and trust, keep in tou... more Commercial organisations practise corporate hospitality to develop loyalty and trust, keep in touch with clients, and weather business. A challenge exists where corporate hospitality may camouflage corruption. One of the pertinent issues is addressing the obscuring boundaries of corporate hospitality to ensure commercial organisations in Malaysia are not trapped in the labyrinth of corruption, which will affect the sustainability of the business. This research employs a doctrinal approach that utilises library-based research to procure both primary and secondary sources. The research outcome may assist the government, policymaker, and commercial organisations' stakeholders in combating corrupt practices within their organisations. Keywords: commercial organisations; corruption; corporate hospitality; guidelines eISSN: 2398-4287 © 2021. The Authors. Published for AMER ABRA cE-Bs by E-International Publishing House, Ltd., UK. This is an open-access article under the CC BY-NC-ND li...

Research paper thumbnail of Registrar’s Statutory Duties under the Malaysian Land Registration System: A Little Too Much to Handle!

International Journal of Academic Research in Business and Social Sciences

Research paper thumbnail of Financial Institution as A Bona Fide Purchaser for Value: Scratch Beneath the Surface

International Journal of Academic Research in Accounting, Finance and Management Sciences

Research paper thumbnail of The Legal Implications of a Sale of Property by the Malaysian Developers under the Private Lease Scheme: In two minds?

Environment-Behaviour Proceedings Journal

This paper aims to evaluate the legal implications of the private lease scheme (PLS) for a proper... more This paper aims to evaluate the legal implications of the private lease scheme (PLS) for a property sale by the developers. It mainly relies on statutes and court cases as its primary sources of information. PLS is selling a lease to purchasers by the developers. If purchasers were misled to believe a property is purchased and not the purchase of the lease, it is considered misrepresentation. An amendment to the law is timely to cater for a scheme that may address a different legal status of the purchaser. Australia introduced a certificate of lease to enhance the security of tenure. Keywords:: Private Lease Scheme; Developer; Cetificate of lease; Misrepresentation. eISSN: 2398-4287© 2021. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Resea...

Research paper thumbnail of Protection of client's money in client's account under the solicitors account rules 1990: a comparison with other commonwealth countries

... regarded as a serious misconduct. This is evident as decided in the Singapore case of Law Soc... more ... regarded as a serious misconduct. This is evident as decided in the Singapore case of Law Society of Singapore v Chiong Chin May Selena5. I n this case the lawyer had failed to comply with the minimum standard required by the statute with regards to integrity and honesty. ...

Research paper thumbnail of Towards a More Sustainable and Inclusive Compensation Plan for Orang Asli: Telom HEP, Pahang, Malaysia

Environment-Behaviour Proceedings Journal, 2016

A hydroelectric project proposed by Tenaga Nasional Berhad in Telom, Pahang, Malaysia will inunda... more A hydroelectric project proposed by Tenaga Nasional Berhad in Telom, Pahang, Malaysia will inundate six Orang Asli villagers whose residents have relocated to a new resettlement. However, TNB still needs their agreements and provide fair and agreeable compensation. This paper analyzes the process associated with the exercise. It is a descriptive analysis of activities conducted in preparing the plans as well as principles and values considered in calculating the proposed compensation and resettlement. It is hoped that the more sensitive and inclusive approach can be emulated in future projects affecting Orang Asli and others affected by developments© 2016. The Authors. Published for AMER ABRA by e-International Publishing House, Ltd., UK. Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-Behaviour Studies, Faculty of Architecture, Planning & ...

Research paper thumbnail of Perwarisan tanah adat oleh wanita di bawah adat perpateh: suatu perbandingan dengan sistem perwarisan islam / Noraziah Abu Bakar , Mohd Haris Abd Rani , Mohd Basir Suleiman , Rozlinda Abdullah

Research paper thumbnail of Protection of client's money in client's account under the solicitors account rules 1990 : a comparison with other commonwealth countries / Noraziah Abu Bakar , Mohd Basir Suleiman , Sharifah Saeedah Syed Mohamed , Ismail Badiuzzaman

... regarded as a serious misconduct. This is evident as decided in the Singapore case of Law Soc... more ... regarded as a serious misconduct. This is evident as decided in the Singapore case of Law Society of Singapore v Chiong Chin May Selena5. I n this case the lawyer had failed to comply with the minimum standard required by the statute with regards to integrity and honesty. ...

Research paper thumbnail of Protection of wild animals in Malaysia: enforcement of existing laws and implications / Hariati Mansor , Noraziah Abu Bakar , Rozlinda Abdullah

Research paper thumbnail of A Revisit on the Appeals Heard by the Selangor Appeal Board: Is Justice Heard a Justice Served?

International Journal of Law, Government and Communication

This study tries to review the roles and functions of the Selangor Appeal Board in disposing of a... more This study tries to review the roles and functions of the Selangor Appeal Board in disposing of appeal cases registered at the tribunal. It is imperative to ascertain that the right of appeal provided under the Town Country and Planning Act 1976 (TCPA 1976) is carried out in order to serve justice to the aggrieved parties whose application for planning orders have been rejected by the Planning Authority at the local level. The decision of the Appeal Board is final and can only be brought to the High Court for judicial review. Thus, the tribunal should be independent and fair in disposing of any appeal. The study employs a combination of doctrinal and empirical research. In the doctrinal analysis, the study analyses the primary and secondary data that include the TCPA 1976 and analysing the statistics of appeal cases from 1991 until 2019. Interviews were carried out in order to examine the law in reality. Accordingly, it can reflect the impartiality of the tribunal in the disposal of...

Research paper thumbnail of The Legality of a Private Lease Scheme: Pull the Wool Over the Purchaser’s Eyes?

PLANNING MALAYSIA

The developer transferred a 99-year lease to the purchasers in a PLS instead of transferring the ... more The developer transferred a 99-year lease to the purchasers in a PLS instead of transferring the property ownership. Upon lease expiry, the property shall be reverted to the owner. In Malaysia, the Housing Development (Control & Licensing) Act 1966 (HDA 1966) regulates that a developer must transfer property ownership to the purchasers. "Build and lease" under the PLS does not comply with the law. This article is a conceptual paper that employs doctrinal research to analyse the legal position of property sale under a PLS and examine its compatibility with the existing law. The Courts' decisions on cases related to a PLS property are analysed to determine the PLS's implication on the purchasers' interest. Ultimately, to safeguard the purchasers, the amendment of the laws is recommended as a legal platform to legitimise the PLS.

Research paper thumbnail of Reforming Mental Health Law & Policy at Work Place: Better Late than Never

International Journal of Academic Research in Economics and Management Sciences

Research paper thumbnail of Legal implications of land fraud on security of tenure under the conveyancing law and practices in West Malaysia / Noraziah Abu Bakar

Research paper thumbnail of Revisiting legal framework for sustainable tourism in taman negara Malaysia

Research Journal of Applied Sciences, 2013

Tourism industry has widened its scope from traditional tourism to a more sustainable one in the ... more Tourism industry has widened its scope from traditional tourism to a more sustainable one in the recent decades. Sustainable tourism, ecotourism or green tourism has been the latest jargon used by the industry to attract tourists to be more sustainable and enjoy their holiday in nature. If sustainable development refers to meeting the needs of the present without compromising the ability of future generations to meet their own needs, sustainable tourism would denote tourism which respect and conserve as well as not to harm biodiversity and socio-cultural balance. The greatest task to conserve the remaining biodiversity however may come down to some developing countries. They are now confronted with the real challenges to create sustainable community while coping with their rapid economic growth. Malaysia for instance has gazetted several national parks but those areas are exposed to illegal loggings and deforestation which will have great impact on its biodiversity. The remaining fo...

Research paper thumbnail of Constitutional Issues in Integrating Water Resources Management in Malaysia: A Case Study of the Selangor Water Management Authority

OIDA International Journal of Sustainable Development, Mar 29, 2012

Abstract: Integrated Water Resources Management or IWRM is a process which promotes a coordinated... more Abstract: Integrated Water Resources Management or IWRM is a process which promotes a coordinated development and management of water; land and related resources that maximize the economic and social welfare of a country without compromising the sustainability of its environment. It is essential for Malaysia to adopt the IWRM concept in managing its water resources to overcome the usual flash flood and water shortages in its major cities. In this regard the State of Selangor of Malaysia, being the most industrialised ...

Research paper thumbnail of Corruption or Corporate Hospitality in Commercial Organisations: Challenges and conundrum

Environment-Behaviour Proceedings Journal

Commercial organisations practise corporate hospitality to develop loyalty and trust, keep in tou... more Commercial organisations practise corporate hospitality to develop loyalty and trust, keep in touch with clients, and weather business. A challenge exists where corporate hospitality may camouflage corruption. One of the pertinent issues is addressing the obscuring boundaries of corporate hospitality to ensure commercial organisations in Malaysia are not trapped in the labyrinth of corruption, which will affect the sustainability of the business. This research employs a doctrinal approach that utilises library-based research to procure both primary and secondary sources. The research outcome may assist the government, policymaker, and commercial organisations' stakeholders in combating corrupt practices within their organisations. Keywords: commercial organisations; corruption; corporate hospitality; guidelines eISSN: 2398-4287 © 2021. The Authors. Published for AMER ABRA cE-Bs by E-International Publishing House, Ltd., UK. This is an open-access article under the CC BY-NC-ND li...

Research paper thumbnail of Registrar’s Statutory Duties under the Malaysian Land Registration System: A Little Too Much to Handle!

International Journal of Academic Research in Business and Social Sciences

Research paper thumbnail of Financial Institution as A Bona Fide Purchaser for Value: Scratch Beneath the Surface

International Journal of Academic Research in Accounting, Finance and Management Sciences

Research paper thumbnail of The Legal Implications of a Sale of Property by the Malaysian Developers under the Private Lease Scheme: In two minds?

Environment-Behaviour Proceedings Journal

This paper aims to evaluate the legal implications of the private lease scheme (PLS) for a proper... more This paper aims to evaluate the legal implications of the private lease scheme (PLS) for a property sale by the developers. It mainly relies on statutes and court cases as its primary sources of information. PLS is selling a lease to purchasers by the developers. If purchasers were misled to believe a property is purchased and not the purchase of the lease, it is considered misrepresentation. An amendment to the law is timely to cater for a scheme that may address a different legal status of the purchaser. Australia introduced a certificate of lease to enhance the security of tenure. Keywords:: Private Lease Scheme; Developer; Cetificate of lease; Misrepresentation. eISSN: 2398-4287© 2021. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Resea...

Research paper thumbnail of Protection of client's money in client's account under the solicitors account rules 1990: a comparison with other commonwealth countries

... regarded as a serious misconduct. This is evident as decided in the Singapore case of Law Soc... more ... regarded as a serious misconduct. This is evident as decided in the Singapore case of Law Society of Singapore v Chiong Chin May Selena5. I n this case the lawyer had failed to comply with the minimum standard required by the statute with regards to integrity and honesty. ...

Research paper thumbnail of Towards a More Sustainable and Inclusive Compensation Plan for Orang Asli: Telom HEP, Pahang, Malaysia

Environment-Behaviour Proceedings Journal, 2016

A hydroelectric project proposed by Tenaga Nasional Berhad in Telom, Pahang, Malaysia will inunda... more A hydroelectric project proposed by Tenaga Nasional Berhad in Telom, Pahang, Malaysia will inundate six Orang Asli villagers whose residents have relocated to a new resettlement. However, TNB still needs their agreements and provide fair and agreeable compensation. This paper analyzes the process associated with the exercise. It is a descriptive analysis of activities conducted in preparing the plans as well as principles and values considered in calculating the proposed compensation and resettlement. It is hoped that the more sensitive and inclusive approach can be emulated in future projects affecting Orang Asli and others affected by developments© 2016. The Authors. Published for AMER ABRA by e-International Publishing House, Ltd., UK. Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-Behaviour Studies, Faculty of Architecture, Planning & ...

Research paper thumbnail of Perwarisan tanah adat oleh wanita di bawah adat perpateh: suatu perbandingan dengan sistem perwarisan islam / Noraziah Abu Bakar , Mohd Haris Abd Rani , Mohd Basir Suleiman , Rozlinda Abdullah

Research paper thumbnail of Protection of client's money in client's account under the solicitors account rules 1990 : a comparison with other commonwealth countries / Noraziah Abu Bakar , Mohd Basir Suleiman , Sharifah Saeedah Syed Mohamed , Ismail Badiuzzaman

... regarded as a serious misconduct. This is evident as decided in the Singapore case of Law Soc... more ... regarded as a serious misconduct. This is evident as decided in the Singapore case of Law Society of Singapore v Chiong Chin May Selena5. I n this case the lawyer had failed to comply with the minimum standard required by the statute with regards to integrity and honesty. ...

Research paper thumbnail of Protection of wild animals in Malaysia: enforcement of existing laws and implications / Hariati Mansor , Noraziah Abu Bakar , Rozlinda Abdullah

Research paper thumbnail of A Revisit on the Appeals Heard by the Selangor Appeal Board: Is Justice Heard a Justice Served?

International Journal of Law, Government and Communication

This study tries to review the roles and functions of the Selangor Appeal Board in disposing of a... more This study tries to review the roles and functions of the Selangor Appeal Board in disposing of appeal cases registered at the tribunal. It is imperative to ascertain that the right of appeal provided under the Town Country and Planning Act 1976 (TCPA 1976) is carried out in order to serve justice to the aggrieved parties whose application for planning orders have been rejected by the Planning Authority at the local level. The decision of the Appeal Board is final and can only be brought to the High Court for judicial review. Thus, the tribunal should be independent and fair in disposing of any appeal. The study employs a combination of doctrinal and empirical research. In the doctrinal analysis, the study analyses the primary and secondary data that include the TCPA 1976 and analysing the statistics of appeal cases from 1991 until 2019. Interviews were carried out in order to examine the law in reality. Accordingly, it can reflect the impartiality of the tribunal in the disposal of...