No ulterior motives

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KUCHING: Chief Minister Pehin Sri Abdul Taib Mahmud said the benefits the natives could derive from the development of their native customary rights (NCR) land must not be overshadowed by controversies.

OFFICIAL LAUNCHING: Taib signs a replica of the book during its launch as Fong looks on. — Bernama photo

ALL FOR YOU, SIR: Fong presents a complimentary copy of his book to Taib during the launch.

He said the controversies must be resolved and this could be done through a better understanding of the relevant customary land laws.

In this respect, he praised former State Attorney-General Datuk J C Fong for coming up with his book entitled “The Law on Native Customary Land in Sarawak”.

This initiative would enable a wider range of people to have a better understanding of the relevant laws.

Speaking at the book launch at the new State Legislative Assembly complex yesterday, Taib stressed that Sarawak was one of the few states which had been able to convert land that belonged to the natives for their own benefit.

“Nearly 80,000 hectares of such land have been developed and they are giving quite a lot of benefits to the natives. It is the benefits that will, in fact, look after the native land owners who are now ageing.”

He acknowledged that the development of NCR land was not going to be without controversies, but the government would deal with the situation head-on for the benefit of the NCR land owners.

“I hope this would be further made possible by knowing what the native customary law is like.

“If that is achieved you will serve not only the legal profession but a large number of natives in Sarawak,” he said, adding that there was over a million hectares of this kind of land waiting to be developed.

Meanwhile, the author, who obtained his Bachelor of Laws (Hons) Degree from the University of Bristol, England, in 1971, said the content of his book was not about his own personal opinions or views on native customary laws in Sarawak.

“The paramount intent of this book is to set out accurately the law and the customs relating to the creation of native rights and acquisition of native titles to land in Sarawak; how such land may be inherited and given away by way of gifts, transferred, lost or how the rights to such land could be extinguished or terminated when land is needed for development.

“It provides the customary laws based on the various Land Orders proclaimed by the White Rajahs, the Ordinances passed during the days of the Rajahs, circulars issued on behalf of the Rajahs setting out the Adat on exercise of native rights to land, and statutory Orders which gives effect to the Tusun Tunggu, and decisions of the courts based on those laws and declared customs of the native communities,” he explained.

Fong also clarified that his intention of writing the book was not to earn a living but rather it represented a sincere desire to share his knowledge on a subject which he had acquired not just through practice in the area of law but also from an in-depth study of the historical documents, including the Orders made by the Rajahs and the reasons and objects for them making those Orders and laws.

Because of that, he said, part of the proceeds from the sale of the books would be passed to the Advocates’ Association of Sarawak, the Tun Azmi Scholarship Foundation and the La Sallian Foundation.

Deputy Chief Minister Datuk Patinggi Tan Sri Dr George Chan and State Legislative Assembly Speaker Dato Sri Mohammad Asfia Awang Nassar were among those present at the function.