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S A R A W A K

PENYATA RASMI PERSIDANGAN

DEWAN UNDANGAN NEGERI DEWAN UNDANGAN NEGERI OFFICIAL REPORTS

MESYUARAT KEDUA BAGI PENGGAL KEEMPAT Second Meeting Of The Fourth Session

04 – 13 NOVEMBER 2019

DEWAN UNDANGAN NEGERI SARAWAK KELAPAN BELAS Eighteenth Sarawak State Legislative Assembly

ISNIN

04 NOVEMBER 2019

(07 RABIULAWAL 1441H)

KUCHING

Peringatan untuk Ahli Dewan:

Pembetulan yang dicadangkan oleh Ahli Dewan hendaklah disampaikan secara bertulis kepada

Setiausaha Dewan Undangan Negeri Sarawak tidak lewat daripada 30 hari selepas persidangan.

KANDUNGAN 1.0 PEMASYHURAN DARIPADA TUAN SPEAKER ...…………………………………… 1

2.0 RANG UNDANG-UNDANG KERAJAAN — BACAAN KALI YANG PERTAMA

2.1 Supply (2020) Bill, 2019

Ketua Menteri Menteri Kewangan dan Perancangan Ekonomi Menteri Pembangunan Bandar dan Sumber Asli (YAB Datuk Patinggi (Dr) Abang Haji Abdul Rahman Zohari Bin Tun Datuk Abang Haji Openg) ........................................................................................... 2

2.2 Strata (Subsidiary Titles) Bill, 2019

Timbalan Ketua Menteri Menteri Pembangunan Bandar dan Sumber Asli Kedua Menteri Perdagangan Antarabangsa dan Industri, Terminal Perindustrian dan Pembangunan Usahawan (YB Datuk Amar Haji Awang Tengah Bin Ali Hasan) …………………………... 2

2.3 Natural Resources and Environment (Amendment) Bill, 2019

Timbalan Ketua Menteri Menteri Pembangunan Bandar dan Sumber Asli Kedua Menteri Perdagangan Antarabangsa dan Industri, Terminal Perindustrian dan Pembangunan Usahawan (YB Datuk Amar Haji Awang Tengah Bin Ali Hasan) …………………………... 3

2.4 Strata Management Bill, 2019

YB Menteri Kerajaan Tempatan dan Perumahan (YB Dato Sri Prof. Dr. Sim Kui Hian) ……………………………………….…….. 3

2.5 Sarawak State Library (Amendment) Bill, 2019

YB Menteri di Jabatan Ketua Menteri (Integriti dan Ombudsman) (YB Datuk Haji Talib Bin Zulpilip) ..................................................................... 3

2.6 Sarawak Heritage Bill, 2019

Menteri Pelancongan, Kesenian dan Kebudayaan Menteri Belia dan Sukan (YB Datuk Haji Abdul Karim Rahman Hamzah) ……………….………..………. 3

3.0 RANG UNDANG-UNDANG KERAJAAN — BACAAN KALI YANG KEDUA

Supply (2020) Bill, 2019

Ketua Menteri Menteri Kewangan dan Perancangan Ekonomi Menteri Pembangunan Bandar dan Sumber Asli (YAB Datuk Patinggi (Dr) Abang Haji Abdul Rahman Zohari Bin Tun Datuk Abang Haji Openg ................................................................................................................. 4

[Pembentangan Belanjawan]

4.0 USUL UNTUK MERUJUK RESOLUSI ANGGARAN PEMBANGUNAN BAGI PERBELANJAAN 2020 KEPADA JAWATANKUASA PERBEKALAN …………… 23

5.0 RANG UNDANG-UNDANG KERAJAAN — BACAAN KALI YANG KEDUA Strata (Subsidiary Titles) Bill, 2019

Timbalan Ketua Menteri Menteri Pembangunan Bandar dan Sumber Asli Kedua Menteri Perdagangan Antarabangsa dan Industri, Terminal Perindustrian dan Pembangunan Usahawan (YB Datuk Amar Haji Awang Tengah Bin Ali Hasan) …………………………...…….. 24

(Perbahasan Rang Undang-Undang) (1) YB Ir Lo Khere Chiang (N.13 Batu Kitang) ………………………….…………… 26 (2) YB Dato Sri Huang Tiong Sii (N.45 Repok) ………………………………...…… 27 (3) YB Encik Fazzarudin Bin Haji Abdul Rahman (N6. Tupong) ………………….. 28 (4) YB Puan Violet Yong Wui Wui (N.10 Pending) ……………….………………… 29

6.0 RANG UNDANG-UNDANG KERAJAAN — BACAAN KALI YANG KETIGA Strata (Subsidiary Titles), Bill, 2019

Timbalan Ketua Menteri Menteri Pembangunan Bandar dan Sumber Asli Kedua Menteri Perdagangan Antarabangsa dan Industri, Terminal Perindustrian dan Pembangunan Usahawan (YB Datuk Amar Haji Awang Tengah Bin Ali Hasan) ………………………..………... 33

7.0 RANG UNDANG-UNDANG KERAJAAN — BACAAN KALI YANG KEDUA

Strata Management Bill, 2019 Menteri Kerajaan Tempatan dan Perumahan (YB Dato Sri Prof. Dr. Sim Kui Hian) ……………………………………….…..……….. 33

(1) YB Dato Sri Huang Tiong Sii (N.45 Repok) ……………………………………... 35 (2) YB Ir Lo Khere Chiang (N.13 Batu Kitang) …………………………….………… 35 (3) YB Encik Fazzarudin Bin Haji Abdul Rahman (N6. Tupong) ………………….. 36 (4) YB Encik Chiew Chiu Sing (N.68 Tanjong Batu) ………………………….…….. 37 (5) YB Irene Mary Chang Oi Ling ( N.51 Bukit Assek) ……………………………... 39 (6) YB Encik Abdul Yakub Bin Haji Arbi (N.58 Balingian) …………………….……. 40

8.0 RANG UNDANG-UNDANG KERAJAAN — BACAAN KALI YANG KETIGA Strata Management Bill, 2019

YB Menteri Kerajaan Tempatan dan Perumahan (YB Dato Sri Prof. Dr. Sim Kui Hian) …………………...……………………………….. 42

9.0 PENANGGUHAN MESYUARAT ……………………………………………….…..…… 42

10.0 LAPORAN-LAPORAN YANG DIBENTANGKAN DI ATAS MEJA PADA

4 NOVEMBER 2019 ………………………………………………………………………

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(Mesyuarat dimulakan pada jam 9:18 pagi)

[Tuan Speaker mempengerusikan Mesyuarat]

DOA

PEMASYHURAN OLEH TUAN SPEAKER Tuan Speaker: Bismillahirrahmanirrahim. Assalamualaikum warahmatulahiwabarakatuh. Selamat

pagi dan salam sejahtera.

Ahli-Ahli Yang Berhormat, bersyukur kita ke hadrat ilahi kerana dengan limpah kurniaNya, maka kita dapat berkumpul lagi di Mesyuarat Kedua Penggal Keempat Dewan Undangan Negeri Sarawak Kelapan Belas atau lebih dikenali sebagai Persidangan Belanjawan.

Saya mengucapkan selamat datang dan terima kasih di atas kehadiran Ahli-Ahli Yang

Berhormat. Persidangan kita akan berlangsung selama lapan hari mulai hari ini, 4 hingga 13 November 2019. Tiada mesyuarat pada hari Sabtu, 9 November 2019 dan Ahad, 10 November 2019. Semoga kita dapat bersidang dalam suasana yang muhibbah dan penuh bertatatertib.

Bagi pihak Dewan yang mulia ini, saya mengucapkan setinggi-tinggi tahniah kepada Ahli-Ahli

Yang Berhormat seperti berikut yang telah dilantik sebagai Menteri dan Menteri Muda dalam rombakan kecil Kabinet Negeri pada 22 Ogos 2019 yang lepas.

Yang Berhormat Datuk Lee Khim Shin, Ahli Dewan Undangan Negeri N.75 Senadin yang

dilantik sebagai Menteri Pengangkutan dan Yang Berhormat Datuk Sebastian Ting Chiew Yew, Ahli Dewan Undangan Negeri N.73 Piasau yang dilantik sebagai Menteri Muda Pelancongan, Kesenian dan Kebudayaan.

Dewan yang mulia ini juga mengucapkan tahniah kepada Ahli-Ahli Yang Berhormat seperti

berikut yang telah dikurniakan dengan Darjah-Darjah Kebesaran Negeri sempena sambutan perayaan Harijadi yang ke-83 Tuan Yang Terutama Yang di-Pertua Negeri pada 12 Oktober 2019 yang lepas.

Yang Berhormat Dato Sri Professor Dr Sim Kui Hian, Menteri Kerajaan Tempatan dan

Perumahan dan ADUN N.14 Batu Kawah yang dikurniakan Darjah Yang Amat Mulia Bintang Kenyalang, Panglima Negara Bintang Sarawak (P.N.B.S) yang membawa gelaran-gelaran “Dato Sri”.

Yang Berhormat Datuk Hajah Sharifah Hasidah Binti Sayeed Aman Ghazali, Menteri Muda di

Jabatan Ketua Menteri (Undang-Undang, Hubungan Kerajaan Negeri-Persekutuan dan Pemantauan Projek) dan ADUN N.7 Samariang.

Yang Berhormat Datuk Malcom Mussen Anak Lamoh, Menteri Muda Pembangunan

Perindustrian dan ADUN N.34 Batang Ai dan Yang Berhormat Datuk Dr. Haji Abdul Rahman Bin Haji Ismail, Menteri Muda Pertanian, dan ADUN N.79 Bukit Kota. Ketiga-tiga Yang Berhormat telah dikurniakan Darjah Utama Yang Amat Mulia Bintang Kenyalang Sarawak, Panglima Bintang Kenyalang (P.G.B.K) yang membawa gelaran “Datuk”.

Yang Berhormat Dato Haji Idris Bin Haji Buang, ADUN N.16 Muara Tuang yang dikurniakan

Darjah Yang Amat Mulia Bintang Sarawak, Panglima Setia Bintang Sarawak (P.S.B.S) yang membawa gelaran “Dato”.

Yang Berhormat Dr Haji Annuar Bin Rapaee, Menteri Muda Pendidikan, Sains dan

Penyelidikan Teknologi, Menteri Muda Perumahan dan Kesihatan Awam dan ADUN N.55 Nangka; Yang Berhormat Encik Martin Ben, ADUN N.22 Kedup dan Yang Berhormat Dr. Hj Hazland Bin


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Abang Hipni, ADUN N.5 Demak Laut. Ketiga-tiga Yang Berhormat telah dikurniakan pingat Johan Bintang Sarawak (J.B.S).

Yang Berhormat Encik Abdul Yakub Bin Haji Arbi, ADUN N.58 Balingian yang dikurniakan

pingat Johan Bintang Kenyalang (J.B.K) dan Yang Berhormat Encik Fazzrudin Bin Haji Abdul Rahman, ADUN N.6 Tupong yang dikurniakan Pegawai Bintang Kenyalang (P.B.S).

Honourable Members, under Standing Order 12(1) and (2), Government business shall take

precedence over Private Members’ business and Government business shall be set down in such a manner as the Government thinks fit and communicate to the Secretary of the Dewan Undangan Negeri Sarawak.

Four days, that is tomorrow, Wednesday, Thursday and Friday are set aside for the daily

one-hour question time. Wednesday, Thursday and Friday shall be devoted to debate on the Budget. The Ministerial replies shall take the remaining three days that is Monday, Tuesday and Wednesday next week of this meeting.

Ahli-Ahli Yang Berhormat dan sidang sekalian, saya juga ingin memaklumkan pelantikan

Encik Pele Peter Tinggom sebagai Setiausaha Dewan Undangan Negeri yang baru seperti diperuntukkan oleh perkara 22A (1) Perlembagaan Negeri Sarawak.

RANG UNDANG-UNDANG KERAJAAN - BACAAN KALI YANG PERTAMA

SUPPLY (2020) BILL, 2019

Yang Amat Berhormat Ketua Menteri; Menteri Kewangan dan Perancangan Ekonomi; dan Menteri Pembangunan Bandar dan Sumber Asli (YAB Datuk Patinggi (Dr) Abang Haji Abdul Rahman Zohari Bin Tun Datuk Abang Haji Openg): Tuan Speaker, I beg to introduce a Bill

intituled “An Ordinance to apply a sum out of the Consolidated Fund for the service of the year 2020” be read the first time.


Yang Amat Berhormat Ketua Menteri; Menteri Kewangan dan Perancangan Ekonomi; dan Menteri Pembangunan Bandar dan Sumber Asli (YAB Datuk Patinggi (Dr) Abang Haji Abdul Rahman Zohari Bin Tun Abang Haji Openg): Tuan Speaker, I wish to give notice that this Bill

would be read a second time today.

RANG UNDANG-UNDANG KERAJAAN – BACAAN KALI PERTAMA

STRATA (SUBSIDIARY TITLES) BILL, 2019

Timbalan Ketua Menteri; Menteri Perdagangan Antarabangsa dan Industri, Terminal Perindustrian dan Pembangunan Usahawan; dan Menteri Pembangunan Bandar dan Sumber Asli Kedua (YB Datuk Amar Haji Awang Tengah bin Ali Hassan): I beg to introduce

the Strata (Subsidiary Titles) Bill, 2019 be read a first time.

Bill read a first time

STRATA (SUBSIDIARY TITLES) BILL, 2019 Timbalan Ketua Menteri; Menteri Perdagangan Antarabangsa dan Industri, Terminal Perindustrian dan Pembangunan Usahawan; dan Menteri Pembangunan Bandar dan


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Sumber Asli Kedua (YB Datuk Amar Haji Awang Tengah bin Ali Hassan): I beg to give notice that the Strata (Subsidiary Titles) Bill, 2019 be read a second time today.


NATURAL RESOURCES AND ENVIRONMENT (AMENDMENT) BILL, 2019

Timbalan Ketua Menteri; Menteri Perdagangan Antarabangsa dan Industri, Terminal Perindustrian dan Pembangunan Usahawan; dan Menteri Pembangunan Bandar dan Sumber Asli Kedua (YB Datuk Amar Haji Awang Tengah bin Ali Hassan): I beg to introduce the Natural Resources and Environment (Amendment) Bill, 2019 be read a first time.

Bill read a first time Timbalan Ketua Menteri; Menteri Perdagangan Antarabangsa dan Industri, Terminal Perindustrian dan Pembangunan Usahawan; dan Menteri Pembangunan Bandar dan Sumber Asli Kedua (YB Datuk Amar Haji Awang Tengah bin Ali Hassan): I beg to give that the Natural Resources and Environment (Amendment) Bill, 2019 be read a second time on Tuesday, 5th November 2019.


STRATA MANAGEMENT BILL, 2019

Menteri Kerajaan Tempatan dan Perumahan (YB Dato Sri Prof. Dr. Sim Kui Hian): I beg to

introduce the Strata Management Bill, 2019 be read a first time.

Bill read a first time Menteri Kerajaan Tempatan dan Perumahan (YB Dato Sri Prof. Dr. Sim Kui Hian): I beg to give notice that the Strata Management Bill, 2019 be read a second time today.


SARAWAK STATE LIBRARY (AMENDMENT) BILL, 2019

Menteri di Jabatan Ketua Menteri (Integriti dan Ombudsman) (YB Datuk Haji Talib bin Zulpilip): I beg to introduce the Sarawak State Library (Amendment) Bill, 2019 be read a first time.

Bill read a first time

Menteri di Jabatan Ketua Menteri (Integriti dan Ombudsman) (YB Datuk Haji Talib bin Zulpilip): I beg to give notice that the Sarawak State Library (Amendment) Bill, 2019 be read a

second time on Tuesday, 5th November 2019.


SARAWAK HERITAGE BILL, 2019

Menteri Pelancongan, Kesenian dan Kebudayaan; dan Menteri Belia dan Sukan (YB Datuk Haji Abdul Karim Rahman Hamzah): I beg to introduce the Sarawak Heritage Bill, 2019 be read a first time.


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Bill read a first time Menteri Pelancongan, Kesenian dan Kebudayaan; dan Menteri Belia dan Sukan (YB Datuk Haji Abdul Karim Rahman Hamzah): I beg to give notice that the Sarawak Heritage Bill, 2019 be

read a second time on Tuesday, 5th November 2019.

RANG UNDANG-UNDANG KERAJAAN – BACAAN KALI KEDUA


Ketua Menteri; Menteri Kewangan dan Perancangan Ekonomi; dan Menteri Pembangunan Bandar dan Sumber Asli (YAB Datuk Patinggi (Dr) Abang Haji Abdul Rahman Zohari bin Tun Datuk Abang Haji Openg): Tuan Speaker, I beg to move that the Supply (2020) Bill, 2019 to be

read a second time.

Bismillahirahmanirrahim, Alhamdulillah saya ingin merafakkan rasa syukur setinggi-tingginya ke hadrat Allah S.W.T kerana dengan izinNya saya berpeluang untuk membentangkan Bajet Negeri Sarawak Tahun 2020 dalam Dewan yang mulia ini.

Tuan Speaker, to begin with, I would like to update this august House on the latest economic

performance for the year 2019 and the outlook for 2020 as a backdrop to State 2020 Budget Proposal.

Global Economy

Tuan Speaker, global growth remains gloomy against the backdrop of intensifying US-China

trade war, prolonged Brexit-related uncertainty and rising geopolitical issues which have an impact on energy prices.

As the world economy activity softened, the International Monetary Fund in its October 2019

World Economic Outlook has projected the world economy to slowdown from 3.6% growth in 2018 to 3% in 2019 before picking up to 3.4% in 2020. Whilst growth in United States remains firm, activity in other advanced economies, especially in European Union is slowing down, partly due to weakening exports and investment. In the United States, growth is expected at 2.4% in 2019 on the back of robust exports and temporary inventory accumulation. For the year 2020, the US economy is expected to expand at a slower rate of 2.1% as the fiscal stimulus unwinds.

In the Euro region, growth is expected to grow marginally at 1.2% this year and 1.4% in

2020. While domestic demand remains strong, the manufacturing sector is declining. The emerging and developing economies are expected to grow at 3.9% in 2019 and 4.6% in

2020. China economy is expected to moderate with the negative effects of escalating tariffs and weakening external demand. On the other hand, India’s economy is set to grow largely due to deregulation. Growth in the ASEAN-5 is expected to stabilize as the domestic demand remains healthy. Growth is expected to be at 4.8% in 2019 and 4.9% in 2020.

National Economy

The Malaysian economy has been resilient, grew at 4.7% in the first half of 2019. Growth was driven by domestic demand, particularly from private expenditure. This is also mainly due to sustained household consumption which expanded by 7.7%. Private investment grow at 1.2% percent in the first half of 2019. Growth in private investment was mainly in the manufacturing and services sectors.


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Meanwhile, public investment contracted by 11.3% on account of lower capital spending by the Federal Government, especially in the first quarter of 2019 and continued weak investment from public corporations. On public consumption, 3.2% growth was registered in the first half of 2019.

Malaysia’s export is expected to moderate in 2019 following the softening external demand

for manufactured goods, mainly due to slower global demand for semiconductors. On the supply side, growth in the services sector is expected to remain strong. Strong

household spending will sustain growth in the wholesale and retail trade sub-sector. Overall, the Malaysia economy is projected to grow at 4.7% in 2019. Going forward, the

Malaysia economy is expected to grow at 4.8% in 2020 on the account that the Federal Government will put in place the right measures to optimize the impact on economic growth and jobs creation.

State Economy

In the first seven months of 2019, Sarawak economy has experienced a stronger growth.

The performance of external trade has improved, led by stronger export with some moderation in import growth. The positive trend is expected to continue into the rest of the year. For 2019, Sarawak economy is expected to grow between 4.5% to 5%.

The agriculture sector which is largely driven by the crude palm oil has recorded

improvement. For the first seven months, the production of crude palm oil had increased by 2.4%, supported by higher yield and better extraction rate. As such, the growth in agriculture sector is expected to rebound to 2.3% in 2019.

Growth in the mining and quarrying sector is also expected to improve to 2.4% in 2019. This

is supported by the recovery in natural gas output particularly in the second quarter of the year, after experiencing the pipeline disruptions in 2018.

In the first seven months of 2019, the export of LNG increased by 1.4 million tonnes

compared with the corresponding period in 2018. Similarly, the exports of aluminium and ferro alloys have also increased. Therefore, we expect the manufacturing sector will continue to grow at 3.9% in 2019.

The construction sector, driven by higher spending by the State Government on

infrastructure projects, is expected to grow strongly at 16.8% in 2019. The various development projects implemented under the current Eleventh Malaysia Plan and going into Twelfth Malaysia Plan will continue to spur the growth of the construction sector in year 2020 and beyond.

The services sector is also projected to expand by 6.8% in 2019 driven by the growth in the

transport and storage sub-sector. There is also an increase in the number of visitor arrivals by 1.1% for the first seven months of 2019. The incoming of visitors is also expected to generate more economic activities in the State, particularly in the wholesale and retail, accommodation and restaurants sub-sectors.

Demand Side

Tuan Speaker, Sarawak total trade growth strongly 9.7% totalling RM86.1 billion in the first seven months of 2019. Export growth at 12.4% from RM53.6 billion in 2018 to RM60.3 billion, as a result of higher export of crude petroleum and LNG.

Private expenditure is expected to expend further in 2019, with anticipation of higher private

investment growth at 5.6%. This will be supported by an improvement in capital spending.


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Investment on capital goods has also increased by 5.5% in the first seven months of 2019. A total of RM1.3 billion investment in the manufacturing sector was also approved in the first half of 2019.

As for private consumption, it is expected to expend at 3.4% this year supported by stable

income and employment growth as well as selected State Government measures such as Bantuan Khas Kewangan which acts as an impetus for an increase in household spending. Public

consumption will continue to grow supported by spending on goods and services. The intensified effort by the State Government to develop more infrastructures throughout

Sarawak will contribute to the higher growth in public investment. Huge amount of capital have been invested for the implementation of road network, utilities and services related projects such as public education and healthcare which would help to further stimulate the growth of the State economy.

Labour Market

Our labour market condition remained stable with the total number of 29,113 job vacancies reported in the first six months of 2019. These vacancies were mainly in the construction, manufacturing and agriculture sectors. Overall, we expect the unemployment rate to remain between 3.0% to 3.5% for 2019. In 2020, labour market condition is expected to remain favourable in tandem with the expansion in all economic sectors.

Tuan Speaker, the uncertainties resulting from the escalating trade war between U.S and

China, and other geopolitical development will be a major economic challenges in 2020. The world economic slowdown may somewhat affect our external demand outlook. However, we are optimistic on the State economic performance in 2020 as the State is providing substantial amount of funding for development expenditure that will act as stimulus to cushion the impact of the world economic slowdown. In 2020, the State is projecting a growth of 5.5 to 6.0%.

Financial Performance of the State in 2019

Tuan Speaker, Before I present the proposed 2020 Budget, I would like to update this august

House on the State financial performance in 2019.

Revenue, 2019

As of 30th September 2019, the State has collected revenue of RM5.653 billion and is expected to collect more revenue towards the end of the year. Presently, Petronas has not yet paid the State Sales Tax on petroleum products, while other companies have done so. Under the State Sales Tax Ordinance, 1998 Petronas is legally obligated to pay the State Sales Tax and their failure to do so would tantamount to breach of the law. In this respect, the State has issued Notice of Assessment to Petronas for them to make the necessary payment, failing which, the State would allow the law to take its course.

EXPENDITURES, 2019

Ordinary Expenditure

The 2019 Ordinary Expenditure has been revised upwards from RM10.391 billion to

RM10.851 billion, an increase of RM460 million or 4% mainly to cater for advance repayment of Federal loan amounting to RM350 million to finance the implementation of dilapidated schools projects in Sarawak. Up to 30th September 2019, an amount of RM8.120 billion of Ordinary Expenditure or 75% had been expended. Out of the total amount of Ordinary Expenditure expended during the period, RM2.395 billion was for Operating Expenditure while the balance of RM5.725 billion was appropriated to the Statutory Funds.


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Development Expenditure

The estimate for Development Expenditure for 2019 has been revised upwards from RM9.073 billion to RM9.304 billion, an increase of RM231 million or about 3%. The revised Development Expenditure estimate has also been approved by Dewan Undangan Negeri in its Sitting in May, 2019. Out of this amount, RM5.036 billion or 54% has been expended for the period ended 30th September 2019. Expenditure is expected to increase as development momentum continues to pick up towards the end of the year. Tuan Speaker,

State Budget Proposal for 2020

I would now like to table the 2020 State Budget proposal with the theme “Accelerating Development for the Wellbeing of All Sarawakians”. The 2020 State Budget will provide a total sum of RM9.891 billion of which RM6.597 billion is for Development Expenditure and the remaining RM3.294 billion is for Operating Expenditure.

The 2020 State Budget continues with the following six key strategic thrusts aimed at

stimulating the growth of the State economy towards an inclusive, sustainable and equitable development for all spectrums of the society.

Key strategies of State Budget proposal 2020.

Tuan Speaker, 1. Development Biased and Rural Focused Budget.

In the 2020 State Budget, a sum of RM6.597 billion is proposed for the Development

Expenditure. This represents 67% of the total budget compared to 33% or RM3.294 billion allocated for the Operating Expenditure.

In line, with our initiatives to transform the rural areas and ensure that no one will be left

behind in this great efforts, the 2020 Development budget will continue to be rural-biased. A sum RM4.141 billion or 63% allocation will be provided for the development in the rural areas. 2. Intensifying the State Development Agenda

The State will vigorously continue to pursue its development agenda towards achieving a

high income economy by 2030 using our own mould; membangun mengikut acuan kita sendiri.

Considerable allocation will be allocated for the provision of basic facilities and amenities including roads and bridges, rural water and electricity supplies, as well as other people-centric projects under the Eleventh Malaysia Plan and this will continue under the Twelfth Malaysia Plan.

These development initiatives will open up new and larger areas, unlock the vast economic potentials of the State, and create the critical mass required for greater private sector participation, hence helping to generate more jobs and business opportunities for our people. 3. Digital Economy as the Key Enabler of Economic Transformation

Digital economy will continue to be the main enabler in our effort to transform Sarawak into a

knowledge-based and innovation-driven economy. The Sarawak Digital Economy Initiatives will be intensified further through the creation of a comprehensive digital ecosystem, talent development and entrepreneurship culture.


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4. Investment-Driven Economic Growth

The State will also continue to spur its economic development through further broadening of its investment base. These investments will focus on higher value-added activities in the manufacturing and services sectors, as well as resource-based industries such as oil and gas, agriculture, bio-tech, and timber processing industries. On top of the Federal investment incentives, the State also offers an attractive incentive package in terms of competitive price of land, competitive electricity tariffs and water rates, low down payment for purchase of industrial land, and provision of facilities to ensure a conducive investment climate. 5. Private Sector as the Main Engine of Economic Growth

Private investment is a key catalyst for economic growth. As such, the State will continue to ensure that the required business infrastructures and business-friendly policies are being put in place to attract and facilitate private sector investment. The completion of major infrastructure projects and public facilities and amenities throughout the State would enable the private sector to play their part as the primary engine of the State economic growth. 6. Service Delivery System Enhancement

The State will continue to embark on the implementation of Digital Government to further

enhance government service delivery such as providing cashless payment gateway, one-stop online services, and open data system. The State also set out to improve its administrative infrastructure facilities in order to enhance its service delivery to the rakyat.

Revenue Estimates, 2020

Tuan Speaker, the State is projected to collect revenue of RM10.067 billion for 2020. The

2020 State revenue estimates are summarised as follows:

(a) Tax Revenue which is expected to be at RM4.631 billion or 46% of the total expected revenue in 2020, comprising of the following:

(i) RM3.491 billion from State sales tax of which RM2.878 billion from crude oil, liquified natural gas and other petroleum products; RM445 million from crude palm oil and crude palm kernel oil; RM80 million from lottery, RM58 million from aluminium products while the remaining RM30 million from tyre;

(ii) RM600 million from raw water royalty; (iii) RM413 million from forestry of which RM229 million is expected from forest

royalty while RM184 million from timber premium and tariff; and

(iv) RM127 million from mining royalties, land rents and others.

(b) Non-Tax Revenue which is estimated at RM5.188 billion or about 53% of the total expected revenue. The non-tax revenue is mainly derived from the following major sources:

(i) RM1.839 billion from 5% cash compensation in lieu of oil and gas rights or royalty on oil and gas;

(ii) RM1.784 billion from dividend income;

(iii) RM1.058 billion from interest income;


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(iv) RM250 million from land premium;

(v) RM120 million from cash compensation in lieu of import and excise duties on petroleum products; and

(vi) RM137 million from others, including licences, service fees, permits and rentals.

(c) Non-Revenue Receipt, which is expected to be RM9 million, mainly from forest liquidated damages, disposal of assets, and forest compounds; and

(d) Federal Grants and Reimbursements is expected to be RM239 million only.

Revenue Re-Engineering

Tuan Speaker, the State has made concerted efforts to expand its revenue stream through the re-engineering of its revenue base in order to enable the State to maintain its development momentum and keep up with the accelerated pace of development especially in the rural areas which require substantial amount of funding. Under the 2020 State Budget, the State has decided:

First - to levy State Sales Tax of 1% on aluminium products that are exported out of Sarawak; and

Second - to revise the tariff for abstraction of a raw water from 1 cent per cubic metre to 2.5

cent per cubic meter. The increase in the tariff rate will only affect the power and water supply

providers. I would like to highlight here, that the electricity and water charges to the consumers

from both the industry and the residential will remain unchanged.

The imposition of State Sales Tax on aluminium products, and the increase in raw water tariff

will be enforced with effect from 1st January 2020.

Ordinary Estimates, 2020

Tuan Speaker, a sum of RM9.694 billion is proposed for Ordinary Expenditure for 2020. Out

of this total allocation, RM3.294 billion for operating expenditure while a sum of RM6.4 billion is

proposed to be appropriated to Development Fund Account to finance the various development

programmes and projects.

Out of the RM3.294 billion proposed for Operating Expenditure in 2020:

(a) RM837 million or 25% for personnel emoluments;

(b) RM1.125 billion or 34% for supplies and services;

(c) RM1.186 billion or 36% for grants and fixed payments, including operating grants to

Statutory Bodies and local authorities, servicing of public debts and payments of

gratuities, pensions and scholarships;

(d) RM79 million for the procurement of assets; and

(e) RM67 million for other operating expenses.


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Budget Surplus, 2020

Tuan Speaker, with an estimated total revenue of RM10.067 billion and a total proposed

Ordinary Expenditure of RM9.694 billion, the proposed 2020 Budget is expected to generate a

surplus of RM373 million. A surplus budget would thus, enable the State to continue building up its

well-maintained financial reserves to ensure financial sustainability in the long run.

Tuan Speaker, after a series of budget surplus, indeed Tuan Speaker, it reflects the

incompetency on the part of any leader of person to say the Sarawak is going to be bankrupt in

three years.

Development Estimates, 2020

Now, I would like to highlight on the proposed Development Expenditure Estimates for 2020.

The estimates have taken into consideration amongst others;

(a) Priority, high impact and people-centric projects both in the urban and the rural areas;

(b) Commitment to complete the implementation of the on-going projects;

(c) Capacity to implement projects during the year; and

(d) Funding of Federal projects that have been cancelled or deferred by the Federal

Government.

Tuan Speaker, for 2020 Budget, a sum of RM6.597 billion is proposed to finance various

programmes and projects under the State Eleventh Malaysia Plan including Rural Transformation

Projects (RTP) and various people-centric projects known as Projek Rakyat as well as Program

Perumahan Rakyat Miskin Sarawak. This allocation of RM6.597 billion provided for in the 2020

State Budget does not include the allocation for projects funded under State alternative funding.

Tuan Speaker,

Alternative Financing Model

In driving our development agenda forward in a more concerted and self-determining

manner, we cannot rely on the usual method of funding the development through the annual allocation from both the State and Federal Budget of which are far from sufficient to support our development agenda especially funding of infrastructure projects in the rural areas. We ought to resort to a more robust and strategic effort in managing our funding initiatives. This calls upon the State to leverage on alternative financing model of tapping into funding provided by Development Bank of Sarawak (DBoS) as well as opportunity in the capital market that offer competitive alternative funding. This is a sustainable platform to adopt in facilitating and providing the State with a much needed fiscal flexibility in strategizing its development agenda as well as managing its cash flow moving forward. Thus, our much long awaited infrastructure projects and basic amenities can be implemented expeditiously throughout the State and be enjoyed by the rakyat particularly our rural community. This alternative funding coupled with the State’s annual budget shall be the funding initiatives in financing the on-going Eleventh Malaysia Plan projects going into Twelfth Malaysia Plan.


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Tuan Speaker,

Distribution of Development Expenditure for 2020

The Development Expenditure 2020 is fairly distributed to ensure a sustainable and inclusive

development throughout the State. We will continue to provide sufficient allocation for the implementation of programmes and projects under the various key strategic initiatives as follows:-.

Key Strategic Initiatives

Strategic Initiative No. 1: Accelerating Development in the Rural Areas

To accelerate the pace of development in the rural areas, a total sum of RM13.357 billion is

proposed in 2020 for the implementation of high impact projects such as:

(a) RM1.526 billion for Second Trunk Road;

(b) RM1.173 billion for Coastal Road;

(c) RM1.148 billion for projects under RECODA;

(d) RM500 million for Projek Rakyat;

(e) RM500 million for Rural Transformation Projects (RTP);

(f) RM343 million for projects under Integrated Regional Samarahan Development Agency (IRSDA); and

(g) RM236 million for Minor Rural Projects (MRP).

Implementation of Projek Rakyat

To date, a total of 408 Projek Rakyat have been approved for implementation. These projects would enable the rakyat, particularly in the rural areas to enjoy better public facilities and

infrastructures that would ultimately benefit and improve their standard of living. Most of these projects are construction of roads and bridges, provision of water and

electricity supplies, as well as development of housing and social amenities. The progress of these projects is monitored closely through the State Development Coordination Committee which is chaired by myself.

NCR New Initiative Survey Programme and Native Territorial Domain

The State Government has always recognized the rights of the natives over their land. In this

respect, the State Government has embarked on the NCR New Initiative Survey Programme and amended the Sarawak Land Code to recognize the usufructuary right over Native Territorial Domain. Under NCR New Initiative Survey Programme, a total of 52,000 hectares of NCR land throughout Sarawak will be perimeter surveyed and another 15,000 hectares will be surveyed as individual lot.

Tuan Speaker, a sum of RM40 million has been approved by the State Government to carry

out these initiatives of which RM7 million has been allocated this year while the remaining RM33 million will be allocated next year.

Strategic Initiative No. 2: Improving Connectivity and Accessibility

Tuan Speaker, as we are determined to become a high income economy by year 2030, it is

critical that basic infrastructures be put in place to spur economic development and stimulate higher level of economic activities for the advancement of the State.


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Various high impact projects with the aim of speeding up people-centric development in the rural areas are presently being vigorously implemented. A sum of RM5.145 billion will be allocated for the implementation of various roads and bridges projects such as:

(a) Coastal Road Network programme including the implementation of major bridges such as Batang Kemena Bridge, Batang Lupar Bridge, Rambungan Bridge, Batang Lassa Bridge and Batang Igan Bridge;

(b) Second Trunk Road which serve to provide an alternative shorter route to the main trunk road, Pan Borneo Highway and the Coastal Road Network;

(c) Various roads and bridges projects under Integrated Regional Samarahan Development Agency (IRSDA);

(d) Road construction from Marudi to Mulu via Long Terawan, Miri; (e) Construction of Ulu Tubai Road to Mentawai/Gunung Buda, Limbang; (f) Upgrading of Pakan Road, Sarikei; (g) Proposed Nanga Menuan/Nanga Setepus Road, Kapit; (h) Proposed Kpg Sebauh Road to Sebauh Hilir Road, Bintulu; (i) Construction of Kpg Igan Road to Sg. Ilas longhouse and Kpg. Sah, Kebuaw, Btg. Igan,

Mukah; and (j) Construction of Ijok/Teguyo/Lempaong/Batu Pesok/Rantau Layang Road, Betong.

This extensive road connectivity will serve as a catalyst for further economic development,

especially in the rural areas, opening up new areas for agriculture and commercial development as well as other forms of socio-economic activities.

Free School Bus Service

Tuan Speaker, the State Government will introduce a Free School Bus Service next year to provide students within Kuching city with a convenient travelling mode back and forth to school. The service will be based on the hop-on hop-off concept where the students could hop-on the bus at any point along the route and then hop-off at their respective schools.

This idea is mooted from our recognition of the financial burden faced by the low-income

families in urban areas in meeting the cost of transportation to school. Notwithstanding that, this service would also help to ease traffic congestion in the city area. This will be our pilot initiative and will be introduced to other densely populated cities in Sarawak mainly Bintulu, Miri and Sibu when the need arises.

Improvement of Port Development

Tuan Speaker, ports are essential to support economic activities since they act as a crucial connection between sea and land transport in Sarawak. In meeting the demands of global trading, our ports’ accessibility and infrastructures need to be improved, upgraded and equipped with state-of-art machinery and technology which will enhance its efficiency and effectiveness, making them more attractive as transit and transhipment hubs.

In year 2020, we propose to undertake the following projects:

(a) RM8 million for Investigations, Survey, Hydraulic Study and Preparation of a Master

Plan of a Deep Sea Port at Tanjung Po, Kuching; (b) RM30.5 million for Kuching Vessel Traffic Management System to enhance its

navigational safety; and (c) RM40 million for Installation of Aids to Navigation for Kuala Rajang to enhance the safe

navigation of access channel towards Tanjung Manis and Rajang Port.


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Strategic Initiative No. 3: Expanding Coverage of Treated Water Supply and Electricity Supply throughout Sarawak

Tuan Speaker, in the provision of treated water and electricity supplies, the State

Government is targeting 100% coverage by year 2025. To achieve this objective, a sum of RM3.742 billion will be provided in 2020 for the implementation of the on-going programmes and projects. For Water Supply, we will continue with the implementation of the projects, amongst others:

(a) Sarawak Water Supply Grid Programme (Stressed Areas); and (b) Upgrading of treatment plants, reservoirs, water pumps as well as pipes replacement

projects such as:

Proposed Pipeline from Assyakirin Reservoir to Nyabau Water Treatment Plant Intake, Bintulu;

Sumber Bekalan Air Mentah Betong;

Dalat Water Supply Phase II, Mukah;

Upgrading of Berawan Water Treatment Plant, Limbang;

Kpg Panchor Dayak, Serian;

Long Lama Water Supply, Miri; and

Supply of treated water to schools throughout Sarawak, though school is under the Federal jurisdiction.

As for electricity supply, the Sarawak Rural Electrification Masterplan is being taken up to

increase the coverage of 24-hour rural electricity supply from 91% in 2018 to 97% by end of 2020. A sum of RM1.45 billion will be provided for this purpose next year. This project will benefit about 13,000 rural households as well as another 7,000 households in the more remote areas where the connection will be stand-alone off-grid system using renewable energy such as solar.

Tuan Speaker, despite the challenging geographical terrains, we are committed to ensure that the rural population especially those in the non-feasible area for grid connection to be able to have access to 24-hour electricity. Under the Sarawak Alternative Rural Electrification Scheme or SARES, the rural community is provided with free electricity utilizing stand-alone off-grid renewable system. That is free. This interim approach benefits about 5,000 remote rural households at 192 villages or longhouses throughout Sarawak.

Strategic Initiative No. 4: Spearheading Digital Economy Transformation

Tuan Speaker, the State Government under the Sarawak Digital Economy Strategy 2018-

2022 has formulated initiatives to achieve its digital development agenda. These initiatives focus on precision agriculture, Industry 4.0, tourism, smart city, e-commerce and digital government. Thus far, the State has provided a sum of RM750 million for this purpose. For year 2020, sum of RM400 million will be provided to continue with the implementation of various digital economy activities including the following:

(a) Construction of 300 telecommunication towers; (b) Smart Agriculture; (c) Sarawak Integrated Operation Centre (SIOC); (d) Smart Traffic Light; (e) Digital Village Initiative and Innovation Hubs; (f) Area Based Collaborative (ABC) Research grant to develop the digital components of

economic sectors; and (g) Up-skilling and Re-skilling of Graduates.


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Hence, a total of RM1.150 Billion is for State Digital Economy Initiatives.

Strategic Initiative No. 5: Stimulating Economic Growth State Industrialization Programme

Tuan Speaker, under the State industrialization programme, a sum of RM65 Million is

proposed in 2020 Budget for the development of industrial estates in various locations, amongst others are:

(a) Sibu Industrial Estate; (b) Demak Laut Industrial Park Phase 2B; (c) Sematan Industrial Estate; (d) Sri Aman Industrial Estate; (e) Sebuyau Industrial Estate; (f) Betong Industrial Estate; and (g) Bau Industrial Estate.

Entrepreneurship Development Programme

Tuan Speaker, the State Government will also aggressively promote domestic investment

and encourage entrepreneurship amongst Sarawakians. In this regard, a sum of RM25.0 million will be set aside for the implementation of programmes and projects such as:

(a) Small and Medium Enterprises (SMEs) Development Programme; (b) Skim Pinjaman Industri Kecil dan Sederhana; (c) Projek Anjung Usahawan; and (d) Program Peningkatan Usahawan Bumiputera (PUTERA).

On top of this, we will also introduce a new initiative known as Sarawak Micro Credit Scheme

that will provide financial assistance to the entrepreneurs for their businesses expansion and diversification. Under this initiative, a sum of RM30 Million will be allocated in this budget. The target groups of the scheme are:

(a) Sarawakians, both Bumiputera and Non-Bumiputera residing and operating their

businesses in the State; and (b) B40 group as well as micro or small entrepreneurs who had started their business

operations for at least six months.

SCORE Development Initiatives

Tuan Speaker, Sarawak Corridor of Renewable Energy (SCORE) is a major initiative

undertaken by the Sarawak Government to transform the State into a developed State by year 2030, focuses on the development of energy-intensive industries.

For the year 2020, various infrastructures, socio-economic projects and programmes will be

implemented under Upper Rajang Development Agency (URDA), Highland Development Agency (HDA) and Northern Region Development Agency (NRDA), which include the construction of roads and bridges, electricity and water supplies, and telecommunication towers. The completion of these projects will benefit in total, more than 330,000 people in URDA, HDA and NRDA regions, as well as stimulate the growth of the local economy, create jobs and business opportunities.

Growing the Tourism Industry

Tuan Speaker, tourism plays an important role in driving the growth of service industry. Thus, as part of our efforts in enhancing our tourism attractions and heritage, a sum of RM12.4 Million will be provided for next year for the restoration and conservation of five fortresses namely


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Fort Hose, Marudi, Fort Lily, Betong, Fort Emma, Kanowit, Fort Brooke, Julau and Fort Sylvia, Kapit.

Our museum plays an important role in creating a cultured and knowledgeable society

besides being one of the main tourist attractions in Sarawak. Under this budget, a sum of RM134.1 million will be allocated to undertake, amongst others, the following projects:

(a) Sarawak Museum Campus and Heritage; (b) Santubong Archaeological Park and Wallace Centre; (c) Upgrading of Miri Petroleum Museum; and (d) Brooke Dockyard Maritime Museum.

Tuan Speaker, in addition to this, a sum of RM65.9 Million will also be provided for the

implementation of various tourism related projects which include the following:

(a) Proposed Performing Arts Centre at Old DUN Building; (b) Proposed infrastructure development at Gunung Mulu National Park; (c) Proposed beautification of Kuching Waterfront from Kampung Boyan to Fort

Margherita; (d) Construction of jetty and other facilities at Santubong for Kuching Wetland National

Park; and (e) Upgrading of facilities at Niah National Park.

We will also continue to support international events such as the iconic Rainforest World Music Festival, ASEAN International Film Festival and Award, Borneo Jazz Festival and Sarawak Regatta. Under this Budget, a sum of RM118 million will be provided to organize various tourism activities including marketing and promotion, bidding for business events as well as tourism fests and events next year.

Establishment of Sarawak Trade and Tourism Office Singapore (STATOS)

Tuan Speaker, the setting up of Sarawak Trade and Tourism Office Singapore (STATOS) is

a strategic move by the Sarawak Government to explore and penetrate global market in promoting trade and generating more investments as well as attracting more tourists to Sarawak.

STATOS, functioning as a one-stop-centre for investment and businesses will become a hub

of communication between exporters and importers from Sarawak and business communities in Singapore. A sum of RM6.1 Million will be provided for STATOS for its operation and activities under this Budget.

Strategic Initiative No. 6: Strengthening Agriculture Development

Tuan Speaker, the State of Sarawak aims to become a net food exporter by year 2030. In

line with this objective, Government will focus on developing and transforming agri-food sector into a modern and competitive sector through the application of precision farming and smart technologies.

A sum of RM797 Million will be allocated to implement various agriculture programmes and

projects. Amongst the key programmes and projects that will be implemented include:

(a) Agriculture Facilitation Fund; (b) Sarawak Reef Ball project; (c) Cash and Equipment assistance for fishermen during musim landas;

(d) Establishment of Agro Park in Sungai Sian and Sungai Baji, Sarikei; and Sadong Jaya, Samarahan;


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(e) Collection, Processing and Packaging Centre (CPPC) in Serian, Betong, Lawas, Limbang, Samarahan and Miri;

(f) Project development for food crops, fishery and livestock; (g) Various agriculture irrigation projects under IRSDA; and (h) Establishment of Pig Farming Areas in Sibu, Samarahan and Bintulu.

Raising Rural Incomes

Agriculture Facilitation Fund (AFF) Programme

Tuan Speaker, in order to boost agricultural productivity and to cushion the negative impact of the weakening in commodity prices, the State Government has introduced the Agriculture Facilitation Fund (AFF) Programme. This programme will provide facilitation fund as an incentive to rural entrepreneurs, smallholders and farmers for their involvement in agriculture projects. For this purpose, a sum of RM265 million will be allocated in year 2020.

Special Assistance for Fishermen

Tuan Speaker, as a responsible and caring Government, we have also decided to provide special assistance to the fishermen community during musim landas. The forms of assistance are

as follows:

(a) Cash allowance of RM300 per month per fisherman with a total allocation of RM9.1 million; and

(b) Equipment assistance with an allocation of RM20 million.

With this assistance, it would help to ease their financial burden during the period of inactivity and to improve their productivity with better equipment.

Sarawak Reef Ball Project

Another initiative by the State Government to increase the income of the local fishermen is

through the implementation of Sarawak Reef Ball Project. This initiative amongst others, will protect and enhance fishery resources from illegal trawling activities, hence creating new fish aggregating devices (FADs) for local fishermen. This will increase fishery resources that will ensure better catchment for local fishermen.

Tuan Speaker, this year, a sum of RM10 Million has been allocated for the project. For the

year 2020, a sum of RM60 Million will be provided to deploy Reef Ball along the coastal waters of Sarawak.

Establishment of the Sarawak Coastal Guards

Tuan Speaker, in protecting Sarawak coastal areas, marine resources, and Marine Park from external threats and encroachment, the State proposes to set up the Sarawak Coastal Guard to implement the APMM and Marine Police in Sarawak coastline protection duties. A sum of RM90 million will be provided for this purpose.

In this regard, we will also review the Sarawak Fisheries Ordinance, 2003 to strengthen our

regulatory enforcement in the State riverine and coastal waters.

Strategic Initiative No. 7: Enhancing Human Capital Development


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Investing in Education

Tuan Speaker, the State Government is committed to develop and enhance human capital resources to ensure Sarawakians are highly knowledgeable, skilful and creative towards meeting the current and future needs of labour market. This brings me to the critical subject on our investment in education.

Rebuilding and Upgrading of Dilapidated Schools

Under the 2019 Federal Budget, the Federal Government has allocated RM100 Million to rebuild 32 dilapidated schools in Sarawak. We acknowledge this efforts of the Federal Government. But, it is sad to mention here that this amount is not enough. Due to the urgent and pressing needs to rebuild and upgrade our dilapidated schools, we have decided to make advance repayment of our public loan of RM1 billion with the Federal Government for this purpose. It is made clear to the Federal Government that this advance repayment must be solely used for rebuilding and upgrading of dilapidated schools in Sarawak and it is not a hadiah as claimed.

I wish to inform this august House that out of the advance repayment of RM1 billion, the

State has paid the first tranche of RM350 million this year and the balance of RM650 million will be paid in the year 2020.

I am also pleased to inform this august House, Dato Speaker, that the State Government will

continue to provide funding for the implementation of the following critical and urgent projects as follows:

(a) RM20 Million for construction of SMK Maludam, Betong; (b) RM15 Million for construction of SMK Ulu Segan, Bintulu; and (c) RM5.5 Million for repair and improvement of rural schools throughout the State.

In addition, the following projects would also be implemented in year 2020:

(a) Connecting main electricity grid to 128 schools and treated water supply to 41 schools; and

(b) Upgrading of 62 schools by RECODA.

Establishment of Sarawak International Schools and Sarawak Science Centre

Tuan Speaker, in our effort to improve the standard of education of the younger generation

and produce quality students, especially from B40 and M40 groups who have the potential to pursue their studies at internationally-merited universities, we have decided to establish our own International Schools. These International Schools will be located in Kuching, Samarahan, Sibu, Bintulu and Miri. The proposed schools will be run like private schools and incorporate the Cambridge’s International General Certificate of Secondary Education. In addition, we will also establish the Sarawak Science Centre to compliment the formal education system to create awareness and increase literacy among students, youth and public at large on the importance of Science, Technology, English and Mathematic (STEM) education. Fund will be provided for the preliminary works and the construction is targeted to commence under the Twelfth Malaysia Plan. Dual Language Programme (Teaching of Science and Mathematics subjects in English Language)

in Sarawak

Tuan Speaker, another major concern that we have is the declining standard of proficiency

in English which is one of the factors that contribute to the large number of unemployed graduates.


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The implementation of Dual Language Program will involve all Government primary schools

in Sarawak starting with primary one commencing in the year 2020. For this purpose, the State Government had allocated RM11 million in 2019 and another RM35 million in 2020 to carry out the programmes. Actually Dato Amar Speaker, this is the initiative of the Prime Minister, Tun Dr Mahathir but apparently the other States in peninsular cannot implement it. This is, the first State to implement is Sarawak.

Intensifying Technical and Vocational Education

The State Government will also continue to develop highly trained technical and professional

workforce to meet market demand including the need of Industry 4.0. In this connection, a sum of RM220 million will be provided for continuation of the following projects amongst others:

(a) Centres of Technical Excellence (CENTEXs) in Dalat, Lawas and Lundu; (b) Pusat Pembangunan Kemahiran Sarawak (PPKS) Mukah; and (c) Refurbishment of Infrastructure Facilities at Swinburne Sarawak.

Besides these projects, the State Government is also providing funding to encourage active

participation in the entrepreneurship and technical programmes. In this regard, the State Government will provide a sum of RM8.0 million in 2020 Budget for the continuation of the following programmes:

(a) Transformasi Usahawan Desa Sarawak (TUDS); (b) Program Inkubator dan Bimbingan Usahawan (PIBU); and (c) Program Pembangunan Kontraktor dan Pembekal Bumiputera.

Early Childhood Development

Realising the importance of early childhood development, the State Government will continue

to provide a grant of RM36 million in 2020 of which RM16 million will be distributed to all kindergartens and nurseries registered with the authorities, while RM20 million is to be allocated to Sedidik.

PTPTN Loan

Tuan Speaker, it was brought to my attention that some Sarawakian graduates are having difficulties in making repayment of their PTPTN loan while they are those who are not able to secure the loan for various reasons. Being a responsible State Government under GPS, we empathize with the predicament of these graduates and will work out appropriate mechanism to assist those in need. In this respect, I wish to announce that the State Government will set aside a sum of RM30 million for this purpose next year.

Dato Amar Asfia, saya kesian because they thought that, that one be abolished in the last

manifesto. So the State Government has to help them and next year 2020 we have set aside RM30 million to help them, kesian, Dato Speaker.

Developing Talent

Youth and Sport Development

Tuan Speaker, to achieve our State vision towards the creation of excellent youth and sports, we will provide RM8.3 million to carry out various programmes and initiatives of which RM4 million is for “Sarawak Youth Venture Capital”.

On top of this, we will also provide allocation to implement the following projects in our drive


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to become a sports powerhouse in Malaysia.

(a) RM9 million for Sarawak Sports Village; (b) RM4 million for upgrading and repair of Sports Complex, Sarikei; (c) RM3 million for Selangau Mini Sports Complex; (d) RM2.7 million to repair works of Miri Sports Complex; and (e) RM2.5 million for Simunjan Sports Complex.

Strategic Initiative No. 8: Enhancing Quality of life

Special Assistance for Post-Natal Care

Tuan Speaker, when tabling the 2019 State Budget, I had announced RM1,000 incentives for

newborn Sarawakians babies, known as Endowment Fund Sarawak effective 1st January 2019. Today, I wish to announce that a sum of RM18 million will be provided next year as an

additional assistance to mothers for postnatal care to ease their financial burden upon giving birth. Each mother will receive RM450 effective from 1st January 2020.

Tuan Speaker, the principle behind this is some mothers are dedicated workers and some

they don’t have jobs. For three months they have to feed their babies with milk, lampin; all these babies requirements, baby needs. Therefore, those three months maternity leave, maternity period, we want to assist them, so that they have the money to buy the susu, the lampin, all that

various needs. This apply to all mothers irrespective of race and religion.

Financial Assistance on Electricity Connection Charges

Tuan Speaker, Electricity Connection Charges, is the charge required to be paid by a

customer for the connection of electricity to their premises. The State Government, under its various Project Rakyat schemes, presently provides free

connection of electricity to residents of villages and longhouses via the Additional Late Applicant Funds (ALAF) and Rural Electrification Schemes (RES). However, these schemes do not cover low-income group in the urban areas.

Hence, in our efforts to ease the financial burden of this group, I am pleased to announce

that the State Government will provide financial assistance to them as follows:

(a) For connection charges up to RM5,000 it will be free to the applicant as the cost will be fully borne by the State Government under GPS; and

(b) For connection charges above RM5,000 to RM10,000 the State Government will subsidize 70% of the cost and the balance of 30% will be borne by the applicant.

In this connection, a sum of RM8 million will be provided next year for this purpose.

Free Water Programme

Tuan Speaker, I am pleased to announce that the State Government will introduce a free

water programme next year. Under this programme, every household from both the urban and rural areas will enjoy free water for the first RM5.00 of their monthly water bill. This programme will help to reduce the financial burden of the rakyat. This will involve an allocation of RM40 million and

will benefit an estimated of 600,000 households’ accounts throughout the State. This project will be effective from 1st January 2020.

We have to help them, Tuan Speaker, because the cost of living masih naik lagi, barang masih naik lagi, belum turun lagi, so we have to help them.


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Providing Affordable Houses

Tuan Speaker, we are committed to provide quality and affordable housing to the rakyat

especially for the low-income group (B40). We will allocate RM90 million to Housing Development Corporation (HDC) to implement this initiative in year 2020, where the price of houses is set at below RM300,000 per unit.

To address the end-financing problem faced by the house buyers, we have set up Mutiara

Mortgage and Credit Sdn. Bhd., to provide loans to the low-income group (B40) to purchase houses developed by HDC. As of to date, RM37 million has been disbursed to 879 applicants. An additional sum of RM100 million is proposed to be set aside for Mutiara Mortgage & Credit Sdn. Bhd. for this purpose to help the B40.

The State Government will also provide RM90 million for minor house repair known as

Program Pembaikan Rumah Rakyat Miskin Sarawak (MRP-PPRMS) for B40 group.

Kampung Resettlement Scheme and Kampung Extension Scheme

Since the implementation of the Kampung Resettlement and Kampung Extension Schemes, a total of 36,978 or 77 % out of 48,013 residential lots, had been allocated to the eligible applicants. Under the Eleventh Malaysia Plan, 44 new projects with an approved allocation of RM359.9 million will be completed to provide 4,434 new residential lots.

Under the 2020 Budget, a sum of RM78 million will be allocated to continue with the

implementation of both schemes in Kuching, Sri Aman, Sibu, Sarikei, Samarahan, Serian, Mukah and Betong.

Urban Redevelopment

The State will provide a sum of RM467 million for the continuation of various urban redevelopment and renewal projects. These projects aim to provide the urban dwellers with better facilities, greater job opportunities and affordable housing that will mitigate urban related issues and address overcrowded settlements. Amongst the projects are:

(a) Darul Hana Redevelopment; (b) Sungai Bedaun Project, Kuching; (c) Kampung Tabuan Melayu Redevelopment; (d) Kampung Sejingkat Redevelopment; (e) Kampung Datu Sibu Redevelopment; (f) Kampung Baru Kapit Redevelopment; (g) Kampung Datu Redevelopment, Kuala Lawas; and (h) Kampung Kemuyang Infrastructure Works, Sibu.

Strategic Initiative No. 9: Improving Government Service Delivery

Tuan Speaker, the State Government is presently undergoing a transformation towards achieving a world class public service. Hence, to further enhance its service delivery system, the State Government will provide RM52 million under the 2020 Budget to undertake various e-government initiatives.

The State Government will also provide fund for the construction and renovation of

government offices and quarters next year, of which RM307 million is for the following projects:

(a) Integrated Administration Centre Limbang; (b) Lawas Administrative Office Complex;


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(c) Tanjung Manis Halal Hub Administrative Centre; (d) Wisma Residen at Jepak Bintulu; and (e) District Offices in Mukah, Kapit, Serian, Sibu, Bintulu and Miri.

Strengthening the Administration of

Jawatankuasa Kemajuan dan Keselamatan Kampung (JKKK)

Tuan Speaker, we recognize the important role and significant contribution of JKKK, as a grassroot machinery in helping to ensure the safety and prosperity of our villages. This has, to a large extent contributed to the harmony and unity amongst our multi-racial community. Moreover, with the accelerated pace of development in the State, the role of JKKK is becoming more challenging and critical. This calls for the need to strengthen the administration of the JKKK in order for them to be more well-informed, knowledgeable and proactive. Thus, the State will provide a sum of RM100 million in 2020 for JKKK to run their activities as well as for payment of meeting allowance and monthly allowance to the Chairman and the Secretary of JKKK.

Exploration Rights To PETROS

Tuan Speaker, this is something which is also important. Now, I would like to touch on the State participation in oil and gas sector. Oil exploration activities started on land in Miri in 1910 and moved offshore onto to the Continental Shelf of Sarawak in the 1950s.

It is the State Government’s intention to manage the remaining hydrocarbon potential in the

onshore areas of Sarawak. Therefore, in exercising the State’s rights to regulate oil mining within Sarawak under our Oil Mining Ordinance 1958 (OMO 1958), the State has decided to award licenses for oil and gas prospecting and production in the onshore areas to PETROS. PETROS will evaluate all applicants for licenses or mining leases and will be empowered by the State Government to facilitate all the oil and gas prospecting and mining activities. Initially, the onshore mining licenses to be issued to PETROS will cover the Limbang and Baram areas.

The efforts of the State Government to gain fairer and more equitable share of revenues from

oil and gas produced in Sarawak will continue to be one of the main agendas of the GPS Government.

Tuan Speaker, we believe, Tuan Speaker, that this is the first time in Sarawak history. That a

Sarawak company is fully involved in the upstream activities of the industry. This is the beginning and many more will come.

Federal Funding

Tuan Speaker, as announced in the Federal 2020 Budget, Federal Government had

approved an allocation of RM4.4 billion out of RM56 billion for Development Budget to Sarawak. This amount represents only 7.8% of the total Federal Development Budget next year; and not 30% as perceived by some people.

Therefore, we call upon the Federal Government to fulfil its promise to allocate 30% of the total Development Budget to Sarawak. The mere allocation of only 7.8% is considered unjustified and very much skewed towards Peninsular Malaysia. Do not forget that Sarawak contributed significantly to the national economic growth as well as to the Federal Government coffer in terms of collection of taxes and revenue from oil and gas over the past 50 years.

Financial Prudence

Tuan Speaker, as we are all aware, the State’s financial account has earned Clean Bill of

Health for many, many years. This is a testimony of the State continuous sound financial management in exercising financial prudence and financial discipline at all levels. However, we


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must not rest on our laurels. With that I urge all Controlling Officers of the various Ministries, Agencies, Statutory Bodies and Local Authorities to continue adopting and exercising good practices and good governance, upholding principle of discipline and responsible financial management. At the same time, internal control system and risk management framework must be strengthened to avoid leakages, mismanagement, and poor investment decision.

Given the need to create greater accountability, transparency and efficiency, we will also

continue to enhance our procurement processes through the implementation of e-Procurement, formulation of updated, transparent and comprehensive procurement guidelines, and empowerment of key officers.

Preparation For The State Twelfth Malaysia Plan

Tuan Speaker, now let me touch briefly on the preparation for the State Twelfth Malaysia Plan. The Eleventh Malaysia Plan is coming to the end in 2020. Preparations are now being made for the formulation of the State Twelfth Malaysia Plan, which will cover the period of 2021 to 2025.

The Twelfth Malaysia Plan will focus on enhancing inclusive development and wellbeing of

the rakyat, pursuing balanced development between urban and rural areas, accelerating human

capital development, and improving public service delivery. Priority will be given to the following key focus areas:

(a) Modernization of agriculture; (b) Strengthening infrastructure; (c) Advancing tourism; and (d) Accelerating Human Capital Development.

Our overall development efforts will help to create favourable business eco-system that is

conducive business environment, and in Sarawak that will attract investments and growth of value added industries especially in the manufacturing sector. These key focus areas are critical to spearhead the transition towards achieving a high income and develop state by 2030.

Tuan Speaker, in a nutshell, this Budget is a clear testimony of the GPS Government’s

commitment to develop Sarawak and transform its economy which ultimately will uplift the standard of living and enhance the wellbeing of the rakyat. The Budget assures that all levels of our society will benefit from the fruits of development; touching their lives, touching their hearts and touching their minds. Whether they are urban and rural folks, teachers and students, mothers and their newborn babies, farmers and fishermen as well as entrepreneur and business community at large, all of them will feel the positive effects of this 2020 State Budget.

Tuan Speaker, we will also be resolute in our stand and struggle to secure a much better and

fairer deal for Sarawak within the MA63 framework and Constitutional provisions. Therefore, Tuan Speaker, I urge all Sarawakians who love this beautiful land of ours to give full support to the GPS Government in these ongoing endeavours and efforts.

As long as we Sarawakians remain united, not only in spirit but also in purpose, having the

pioneering and can-do attitude, God willing, we will persevere and prosper. Rest assured, the Sarawak Government under GPS will continue to give our utmost priority and attention to the welfare and well-being of our rakyat in tandem with our Sarawak First credo, despite the strenuous

effort of certain quarters to divide and rule and sow hatred among us. Tuan Speaker, I believe we shall prevail if we continue to imbue within ourselves the much cherished values of mutual respect, tolerance, and understanding, as we strive to make this beloved State of ours a better place for all.

Tuan Speaker, dengan ini saya dengan rendah hati memohon mencadangkan agar Rang

Undang-Undang ini dibaca bagi kali yang kedua. Terima kasih.


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Timbalan Ketua Menteri; Menteri Kewangan Kedua; dan Menteri Pemodenan Pertanian, Tanah Adat dan Pembangunan Wilayah (YB Datuk Amar Douglas Uggah Embas): Tuan

Speaker, saya mencadangkan untuk menyokong.

USUL UNTUK MERUJUK RESOLUSI ANGGARAN PEMBANGUNAN BAGI PEMBELANJAAN TAHUN 2020 KEPADA JAWATANKUASA PERBEKALAN

Ketua Menteri Sarawak; Menteri Kewangan dan Perancangan Ekonomi; dan Menteri Pembangunan Bandar dan Sumber Asli (YAB Datuk Patinggi (Dr) Abang Haji Abdul Rahman Zohari Bin Tun Datuk Abang Haji Openg): Tuan Speaker, I beg to move that the following

resolutions be referred to the Committee of Supply: “That this House resolves to approve the Development Estimates, 2020 as contained in Command Paper No. 11 of 2019 laid on the Table on 4th November 2019.”

As presented in Command Paper No. 11 of 2019, the total development expenditure for 2020 amounts to RM6.597 billion. Of the total sum of RM6.597 billion earmarked for project expenditure, RM6,481 million will be financed by State funds while the balance of RM116 million will be financed by Federal Government through reimbursable loans and grants.

The sum of RM6,597 million as proposed has been allocated on the basis of projected

expenditure commitments and requirements for approved development activities during the year. The proposed allocations for the major sectors are as follows:

(a) A total RM4,397 million is allocated under the economic sector for the following programs: (i) RM2,716 million is for commerce and industry such as State corporate

investment, tourism promotion and industry development, State industrialization and heritage collection, conservation and protection of heritage properties;

(ii) RM959 million is for transport which includes roads, bridges, riverine

infrastructure and posts; (iii) RM477 million is for agriculture development such as for crop and industry

development, agriculture infrastructure, veterinary, fisheries and agriculture research as well as farmers assistance;

(iv) RM132 million is for energy and public utilities mainly for expansion and

upgrading of various water supplies particularly in the rural areas including a sum of RM26.6 million to Kuching Water Board and RM9.2 million to Sibu Water Board;

(v) RM74 million is for environment such as forest management, research and

development, urban drainage and flood mitigation; (vi) RM37 million is for feasibility study on State development planning and policy

formulation; and (vii) RM2 million is for scientific research and development.

(b) A total of RM1,954 million is allocated under social sector for the following

programmes:


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(i) RM1,388 million is for village and community development mainly for the implementation of various rural transformation projects, minor rural projects, residential schemes, and kampung redevelopment;

(ii) RM225 million is for local authorities and welfare services including urban

sewerage, waste management and landfill development; (iii) RM170 million is for housing development especially for Program

Penambahbaikan Rumah Miskin Sarawak (PPRMS) as well as construction of

affordable houses under Housing Development Corporation; (iv) RM145 million is for education and training of students; and (v) RM26 million is for culture, youth and sport including upgrading of sports

facilities.

(c) A total of RM246 million is allocated under general administration sector for building of various government offices, schools and residential government buildings as well as implementation of various e-government initiatives.

Tuan Speaker, I beg to move. Timbalan Ketua Menteri; Menteri Kewangan Kedua; dan Menteri Pemodenan Pertanian, Tanah Adat dan Pembangunan Wilayah (YB Datuk Amar Douglas Uggah Embas): Tuan

Speaker, I beg to second. Tuan Speaker: Ahli-Ahli Yang Berhormat, the debate in the Supply (2020) Bill, 2019 stands

adjourned until Wednesday, 6th November 2019. The sitting is now adjourned and shall resume at 2:30 p.m.

(Mesyuarat ditangguhkan pada jam 11:29 pagi)

RANG UNDANG-UNDANG KERAJAAN –

BACAAN KALI YANG KEDUA

STRATA (SUBSIDIARY TITLES) BILL 2019

Timbalan Ketua Menteri; Menteri Pembangunan Bandar dan Sumber Asli Kedua; dan Menteri Perdagangan Antarabangsa dan Industri, Terminal Perindustrian dan Pembangunan Usahawan (YB Datuk Amar Haji Awang Tengah bin Ali Hassan): Tuan Speaker, I beg to move

that the Strata Bill (Subsidiary Titles) Bill 2019 now be read for the second time. Due to rapid changes in land development including strata, the current Strata Titles Ordinance 1995 (Chapter 18) is inadequate to cater for the current and future demands of the industry. In order to address this, the Government has decided that the law governing strata development be improved. Hence, a new Bill which is Strata (Subsidiary Titles) Bill, 2019 is introduced to replace the Strata Titles Ordinance 1995 (Chapter 18).

Tuan Speaker, as at 31st October 2019 there are 280 strata projects which comprise of 18,323 strata titles, with Kuching Division contributing the highest number of strata units totalling 12,443 strata titles. Out of 280 strata projects, 76.7% or 215 projects have been completed and issued with 11,962 strata titles. The remaining 23.3% or 65 projects are still in various stages of development where 19 projects are pending completion of Type B survey and the developers of 46 projects have not initiated formal applications for issuance of strata titles.

Like other major cities in the world strata living concept has become the trend in Sarawak. This has resulted in an increase in the number of developments incorporating this modern living


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concept. The number of owners of strata unit has likewise seen a significant increase. Different types of strata development has also emerged with new concepts such as SOHO (small office home office), SOVO (small office virtual office) and SOFO (small office flexible office). It is a common feature of current strata developments to include mixed development with different usages, gated and guarded concept, vertical, horizontal and phased development which are not fully catered for under the current Strata Titles Ordinance 1995.

This new living concept also requires new roles to be played by the developers, owners and

residents. There are new standards of obligations imposed on the parties involved. In particular, on matters relating to management and maintenance of the property and the conduct of the parties in this new community living concept. For example, the residents are given responsibilities in the management, maintenance and regulating the conduct of each strata owner through the Management Corporation. Owning a strata unit is different from owning a normal landed property.

With this trend, new issues and challenges have arisen. To deal with these challenges and to

ensure all stakeholders in strata development are given adequate protection under the law, it is pertinent that the current law is reviewed, updated and improved.

In the review of the Strata Titles Ordinance 1995 and the preparation for this new Bill the

Government has taken into account the fact that home buyers nowadays no longer confine their choices of property just based on its location. They now look for more amenities and are willing to pay more for value added features such as 24 hours security, dedicated covered parking bay, swimming pool, gymnasium and other facilities.

This makes it of paramount importance that a Management Corporation be established for

the purposes of assuring the property is managed in a professional manner and meeting the expectations of the modern day home owners.

Tuan Speaker, the objectives of this Strata (Subsidiary Titles) Bill, 2019 are as follows: (a) To provide protection for all stakeholders in strata development; (b) To formulate a more dynamic and relevant provisions in tandem with the current and

expected future of real estate and building industry trends; (c) To compel greater professional responsibilities among developers, architects,

engineers, surveyors and other professionals involved in strata development; (d) To improve and streamline the processes for speedy issuance of parent and subsidiary

titles; and (e) To provide better provisions for enforcement and investigation powers of the

Ordinance.

Main Features of the Bill

Tuan Speaker, the Strata (Subsidiary Titles) Bill, 2019 comprises of 9 Parts, 54 Sections and 4 Schedules. The salient features are as follows:

(a) Creation of subsidiary title over spatium (air space), stratum (underground or subterranean) to be legalized by issuing permit, license or easement to any approved structures erected or projected over road reserve or state land. Any accessory parcel sold together with the strata unit such as car park(s), garden, lift which is appurtenant to and used or intended to be used in conjunction with a parcel to be tied with that particular subsidiary title.

(b) Accommodating current trend of development and living concept that is Gated and Guarded Community and also horizontal subdivision of land into strata parcel.


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(c) Accommodating the new concept of modern living strata development such as SOHO, SOVO and SOFO. This new concept of living make it possible to all types of building with various usage co-exist on the same building.

(d) Streamlining the workflow and work processes in expediting the issuance of subsidiary titles. This will involve changes in approving authority and avoiding unnecessary administrative processes.

(e) Introduction of the concept of Subsidiary Management Corporation to ensure efficiency in managing and maintaining the buildings and common properties as well as the equitability in fees collection where the usage of each parcel owner may differ.

(f) Introduction of share units entitlement and calculation to avoid the ambiguity over share unit entitlement with regards to matters such as voting rights and maintenance fees as specified in Part II and 4th Schedule of the Bill.

(g) Compelling greater professional responsibilities among developers, architects, engineers, surveyors and other professionals involved in strata development as specified in Part II of the Bill; and

(h) Providing better provisions for enforcement and investigation as specified in Part VIII of the Bill.

Tuan Speaker, it is timely and crucial for the current law to be enhanced. Repealing the

current Strata Titles Ordinance 1995 and replacing it with this new ordinance will enable enhancement among others, the issuance of subsidiary titles, establishment of management corporations and the overall improvement of protections to all stakeholders involved in strata title development. This new law has been benchmarked against best practices in Hong Kong, Singapore and Australia as well as engagement with our counterpart in Johor and Selangor. Engagements were also held with other professional bodies in the State such as Sarawak Housing and Real Estate Developers Association (SHEDA), Royal Institution of Surveyors Malaysia Sarawak Chapter (RISM), Land Surveyor Board Sarawak and Malaysia Institute of Planners Sarawak and Sabah Chapter. I hope that all Ahli Yang Berhormat will give their fullest support to this Bill as its main objective is for the improvement and betterment of all the stakeholders involved in strata development. Tuan Speaker, I beg to move. Tuan Speaker: Another minister to second.

Menteri Pendidikan, Sains dan Penyelidikan Teknologi (YB Dato Sri Michael Manyin Anak Jawong): I beg to second.

Tuan Speaker: The question is that the Strata (Subsidiary Titles) Bill, 2019 be read a second time.

Any Honourable Members wish to participate in the debate on the second reading on the Bills?

Tuan Speaker: Member for Batu Kitang YB Ir Lo Khere Chiang: Thank you Honourable Tuan Speaker, thank you for this honour and

opportunity to participate in the debate of this Strata (Subsidiary Titles) Bill 2019.

Tuan Speaker, presently, there is no law to allow gated and guarded communities in Kuching including Padawan Municipal Council and we have been facing a lot of problems and request from the community to have gated and guarded environment. Kuching; as we all know, have the highest number of Strata Title units throughout Sarawak. And with so many apartments, condominiums and buildings with new designs and concepts, it is timely that we update our laws to address this grey areas with regard to shared responsibility for building management and maintenance. I congratulate our Minister for moving this bill.


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This new Bill addresses the following points:

One, air space and stratum and accessory parcel of land associated with this airspace and stratum. The Bill address the issuance of permit, license or easement to any approved structures erected for projects over road reserve as well as state land as mentioned by our Minister, and this Bill caters for any sold car parks, garden, lift and any other appurtenances used or intended to be used in conjunction with a parcel of land under this Strata Tittle.

Two, on Gated and Guarded community, this Bill accommodates the current trend of

development and living concept, which includes community developments/horizontal subdivision of land into strata parcel.

Three, new development concept. This Bill also accommodates Strata Tittle development for

underground developments, basement development, landed strata and the concept of modern living.

Four, to streamline workflow and work processes. Tuan Speaker, this Bill also addresses the

subdivision plan which need to be submitted within three months from the date of any building plan approval and it attempts to shorten the work process and reduce the present KPI from 171 days to 43 days and this is welcomed; I’m sure, by every developer in town.

Five, Subsidiary Management Corporation. This Bill also ensure the efficiency in managing and maintenance of building which return subsidiary management corporation and this is welcome because it is a purge problem at present. In my Taman Flora Indah, Arang Road as well as many other properties under Strata Title Ordinance within my Padawan Municipal Council. I am sure in the whole of Sarawak as well.

Six, Shared Units Entitlement and Calculation. The Bill also attempt to address disputes over shared unit when it comes to voting, levy of maintenance fees, and the calculation of this fees shall be worked out by a professional, which we do not have at the moment and this is timely and important. And this Bill I notice, allows the Director of Land and Survey to have the power to investigate the commission of any offence under Strata (Subsidiary Title) Ordinance 2019 and the Director shall have the power to appoint authorized officers to exercise their enforcement powers. This again is a very welcoming statement and Bill by the community at large. At the present moment there is a lot of arguments within the residential, this strata title resident, there is a lot of argument and at times we can solve them and this Bill is timely. Tuan Speaker, I move to support the Strata (Subsidiary Titles) Bill 2019. Thank you. Tuan Speaker: Honourable Member for Repok. YB Dato’ Sri Huang Tiong Sii: Tuan Speaker, saya bangun untuk menyertai Ahli-ahli Yang Berhormat dalam Dewan yang mulia ini untuk mengambil bahagian dalam perbahasan rang undang-undang bertajuk Strata (Subsidiary Titles) Bill, 2019.

Tuan Speaker, sebagai sebuah kerajaan yang bertanggungjawab dan peka dengan

perkembangan, keperluan dan kehendak semasa, kita perlulah sentiasa melihat cara pendekatan dan corak pentadbiran kita selaras dengan peredaran masa dan berdasarkan aspirasi rakyat. Ini penting, untuk menjadikan kita sebagai kerajaan yang sentiasa relevan, dan langkah penambahbaikan hendaklah sentiasa berterusan dan berkesinambungan.

Dalam pada itu juga, pemerkasaan di peringkat agensi kerajaan serta penjelasan prosedur

dan sudut perundangan dalam melaksanakan pendekatan seharusnya di ambil kira. Tuan Speaker, Strata Title Building such as commercial shop lot, apartment and

condominium are becoming more popular, and evidenced in the growing number of such


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properties. Therefore, it is important for those who own a unit, or intend to purchase a unit in strata scheme, to know their role and the responsibility as unit owners and the important role of the Management Corporation in managing the building. The proposed Bill Strata (Subsidiary Titles) Bill, will provide better provisions in the law relating to subsidiary title and related matters.

Tuan Speaker, dengan pandangan-pandangan yang telah saya huraikan di sini saya dengan

ini menyokong rang undang-undang Strata (Subsidiary Titles) Bill, 2019. Sekian, terima kasih.

Tuan Speaker: Ahli Yang Berhormat bagi Tupong. YB Encik Fazzrudin Bin Haji Abdul Rahman: Terima kasih Tuan Speaker, terima kasih Yang Berhormat Datuk Amar Menteri di atas pembentangan bacaan rang undang-undang Strata (Subsidiary Titles) Bill, 2019.

Tuan Speaker, bandaraya-bandaraya di Sarawak terutamanya di Kuching sangat pesat

membangun dan kita mengharapkan dan yakin dengan usaha dan inisiatif kerajaan, bahawa suatu hari nanti impian kita untuk melihat bandaraya di Sarawak menjadi sebuah bandaraya global akan menjadi kenyataan. We have to dream and aim to the sky and keep our feet firmly and humbly to the ground, asalkan kita jangan tipu rakyat macam manifesto PH. Jadi asas sesebuah bandaraya

itu haruslah kukuh agar ianya dapat membantu untuk menarik minat lebih ramai pemegang taruh ataupun stakeholders dalam sudut yang positif.

Jadi saya ingin kongsi antara ciri-ciri utama sebuah bandaraya global:

(a) Menjadi pilihan ibu pejabat syarikat antarabangsa, insyaAllah bandaraya di Sarawak

akan dapat menjadi sebuah bandaraya sebegitu; (b) Antara ciri-ciri utama, KDNK setempat atau KDNK bandaraya tersebut yang besar

nilainya; (c) Mempunyai institusi kebudayaan yang terkemuka seperti muzim atau pusat pesta

kebudayaan terkenal di dunia; (d) Sudah tentu prasarana yang lengkap; (e) Menawarkan peluang-peluang pekerjaan dan ekonomi yang tinggi; (f) Dan sudah tentu ianya akan menarik minat masyarakat Sarawak, Malaysia dan dunia

untuk tinggal di bandar.

Seperti bandaraya-bandaraya besar yang lain, kebanyakan kediaman merupakan bangunan-bangunan pencakar langit. Ciri-ciri yang saya sebutkan awal tadi adalah inter-related and depends on each other. We can safely say one of the features that will be taken into consideration for a multinational company to set up its base in Sarawak will depend on what Sarawak can offer. Offer not only in the sense of incentives such as tax exempted maybe or low premium for land etc, but also a conducive living environment. And what other ways which are better than to introduce a very strong law focusing on the interest of the people and community. A law which gives priority to the people first, an example is the buyer of the strata property. The dynamic changes that is taking place in the property development industries must also be monitored and regulated for the benefit of both buyers and sellers. That is why I would like to congratulate the Government for setting up the basic and strong fundamental to regulate one of the most important item for a global city – the Strata Bill.

Tuan Speaker, when we talk about strata title, it is always referred to a vertical building with

facilities such as swimming pool, gymnasium, securities etc. used and benefitted by the owners and also managed by the owners as well. And if we look at today’s need, and I congratulate the Government for addressing today’s needs, which was mentioned by the Yang Berhormat Minister and the Government is also taking into consideration to regulate the gated or guarded community. A landed housing development which also needs regulations to protect their interests.


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Satu lagi isu yang saya ingin ketengahkan adalah sudah tentu setiap harapan pembeli adalah untuk mendapat hak milik sah harta yang mereka beli, dalam kes ini, sebuah pangsapuri, kondominium, flat, soho, sovo dan sebagainya. Oleh itu, saya harapkan Bill ini akan mampu

mempercepatkan lagi proses untuk mendapatkan hakmilik strata kepada pembeli. Satu lagi isu yang ingin saya bangkitkan adalah berkenaan unit-unit yang belum lagi

mendapat hakmilik strata sejak sekian lama disebabkan oleh developer yang tidak bertanggungjawap dan sekarang developer sudah hilang Yang Berhormat Tuan Speaker dan kebanyakan unit-unit ini telah pun diubahsuai. Jadi, saya mohon agar peruntukan perundangan bagi membantu menyelesaikan kemelut-kemelut yang dihadapi oleh pembeli-pembeli unit yang telah diubahsuai sebelum Bill ini diperkenalkan pada hari ini tadi.

Seperti yang telah saya kongsikan awal tadi juga kawasan-kawasan perumahan yang sedia

ada yang berhasrat untuk mempertingkatkan lagi aspek keselamatan di kawasan mereka. Mereka mungkin akan mengambil syarikat perkhidmatan keselamatan dan antara tindakan-tindakan yang akan mereka ambil adalah untuk membina pondok keselamatan, membina pagar keselamatan di jalan raya masuk di kawasan perumahan tersebut. Bill yang telah dijelaskan oleh Yang Berhormat Menteri tadi mengambil kira perkara ini tapi pemahaman saya, ianya it applies to the new developed guarded community jadi ingin saya memohon agar satu peruntukan atau perundangan

dibuat untuk melihat kepada aspek keperluan taman-taman yang sedia ada untuk memenuhi ataupun untuk memenuhi aspek keselamatan di kawasan mereka. Jadi ini adalah antara cadangan-cadangan ataupun isu yang saya ingin bangkitkan dalam pembentangan Bill ini. Sekali

lagi saya ingin mengucapkan setinggi-tinggi tahniah kepada Yang Berhormat Menteri di atas pembentangan Rang Undang-Undang Bacaan Strata (Subsidiary Titles) Bill 2019. Saya memohon menyokong, Tuan Speaker.

Tuan Speaker: Honourable Member for Pending.

YB Puan Violet Yong Wui Wui: Thank you Tuan Speaker for allowing me to participate in the

debate of the Strata (Subsidiary Titles) Bill 2019. I have a few observations to make and clarifications to raise. First, on Section 4, of this Strata Ordinance it provides provision, it is a provision that gives for buildings or land that are capable of being subdivided into parcels. And we have Section 5, it provides certain circumstances where it is compulsory for proprietor to submit for strata subdivision plan for approval. So the clarification that I would like to seek here is, assuming that before the commencement of this ordinance come into effect, and there are developments that are planned that had been submitted and approved to build shop houses and for shop houses if we look at the definition, I believe it is considered as buildings because it is two or more storeys. So, for such a scenario let’s say it’s approved for shophouses before the commencement of this ordinance and now we have this new ordinance coming into place. Before, when they apply for the development plan, the initial intention is to apply for individual title instead of strata title. Let’s say it’s a three-storey shop houses that has been approved and it is three-storey but by the operation of this new law they are considered that they are capable of being sub divided into parcels.

So for this kind of scenario, how are we going to tackle it because by operation of Section 5 of this ordinance it is compulsory, it is mandatory because the word here says that “shall the proprietor of any lot capable of being sub divided into parcels under Section 4 shall submit for the strata subdivision plan approval”. And the word that has been used here is ‘shall’.

Shall means mandatory, it is a must and there is a time frame given for the proprietor to submit for approval for this strata title sub-division. So for that scenario that approval has been given prior before that does it fall, that does this, are they subject to this new clause as well, that they have to change it from individual title to subsidiary title. So that is the query the area that I would like the Minister to clarify because for this particular Section the penalty is very stiff, very heavy. It is RM50,000 hefty fine if the proprietor fail to submit within, fail to comply with this particular Section. RM50,000 it would be if you fail to, how to say it, upon conviction be punished with a fine of not exceeding RM50,000 and to a further fine of RM1,000 for each day the offence


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continues from day of such conviction. So I would like the Minister to clarify on this and the other thing, that I have notice as well which I have in this new Bill, there are many Sections that gives time frames for proprietor to submit their plan. That within three months you have to do this and what are the things you have to follow and there are no specific provision in the new Bill to give time frame to the authority to approve the Strata Title. So I think to balance up, to be fair to the developers, I am not like Batu Kitang, he has projects so he is more concern but I am speaking here as an ADUN, I don’t mind to speak on behalf of him because he is a developer and I know he got projects. So for this, I think it is only fair, if we have this Bill to cover, to have provisions that gives time frame to the authorities like Land and Survey, the SPA, the relevant agency involve to come out and approve their titles, the subsidiary titles. The time frame is important because time is money and we want to make sure that, the purchaser at the end of the day they get the Strata Title. So it’s only fair that everybody play its part and all complete their jobs, their task, within stipulated time frame. And another thing that ah… okay, in Kuching we had received many complaints that there are still many housing projects without issuance of Strata Titles after they get completion and I wish to say that the biggest culprit here is Housing Development Corporation. I believe most of your housing projects even though its low cost housing, you have completed them long ago, I believe, more than some even more than 20 years that more than 10 years but until today they do not have individual Strata Titles. So when you are coming up with this new law to get the developer to follow, to comply, please also look at yourself, make sure that yourself; the Government agency, are complying this new piece of law as well.

And on the Strata Title properties, I think from this new Ordinance there is nothing mentioned

about the price capping because I believe Strata Title properties are open up to foreigners to purchase. For landed property under the Land Code its capped at RM300,000 and for me RM300,000 is very low now and I think that amount is obsolete and it should be reviewed. And for Strata Title I believe there should be some capping as well to control the market because I believe it is also the policy of the Government to ensure that our people get a shelter and not like we found out one day all of our projects are all taken up by foreigners. So I hope that the Minister can look into this area.

Sorry…I let the Minister answer, when the time comes you become the Minister you can

answer but for now I think we leave it to Bukit Sari to answer. Another thing, Tuan Speaker, there should also be a clear guideline on renewal of title for Strata Block Title which affect a lot of our people. Firstly, uncertainty and time to process renewal of block title where strata properties seats on it could be very long because the renewal premium is not decided at divisional level. This type of block title should be decided and approved at divisional level. The State Government has approved renewal rates for commercial and residential purposes. Currently renewal premium for shophouses are about RM10,000 to RM40,000 per unit. Residential renewal premium starts from RM1,000 to RM6,000 it depends on the type of the houses. There is no guidelines for block title renewal yet. So I hope that there are and how about this mix used building with Strata Titles such as two floor commercial and two floor residential. So what are the renewal rate for those properties. And with this I think this are all the points that I wish to make and I hope that the Ministry can look into it seriously because we want a piece of law that is fair to all and it serve its purpose. Thank you. Tuan Speaker: Any other Honourable Members wish to speak? Honourable Minister do you need

a break before I call you for wind up? If there is no other Honourable Member wishes to speak, then I shall call upon the Honourable Minister to do the winding up. Timbalan Ketua Menteri Sarawak; Menteri Pembangunan Bandar dan Sumber Asli Kedua; dan Menteri Perdagangan Antarabangsa dan Industri, Terminal Perindustrian dan Pembangunan Usahawan (YB Datuk Amar Haji Awang Tengah Bin Ali Hasan): Tuan Speaker, saya ingin mengucapkan berbanyak-banyak terima kasih atas sokongan Ahli-Ahli Yang Berhormat terhadap Rang Undang-Undang Strata (Subsidiary Titles) 2019. Seramai empat orang Ahli Yang Berhormat telah ikut serta dalam perbahasan Rang Undang-Undang ini.


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I would like to reiterate that the main objective of this Bill is to enhance the legal provisions relating to strata development in order to bring it up to date with the current needs and future demand of the industry as well as to make better provision for the protection of all stakeholders involved. With the coming into force of this new law there will no longer be problems arising from the developers not applying for issuance of Strata Titles. This new law provides for mandatory period for which applications must be made, failure of which would expose the developers to the penalty under the law.

Saya ingin mengucapkan terima kasih kepada Ahli Yang Berhormat bagi Batu Kitang atas

sokongan terhadap Rang Undang-Undang ini. Begitu juga dengan Ahli Yang Berhormat bagi Repok yang telah pun memberi sokongan sepenuhnya, dan Yang Berhormat Tupong yang telah pun berucap dan menyentuh pelbagai perkara berhubung dengan Rang Undang-Undang ini.

Mengenai dengan perlunya kita menempatkan pondok keselamatan di taman-taman

perumahan yang sedia ada ini sebenarnya tidak termasuk di dalam Ordinan ini. Kerajaan akan membuat satu kajian untuk mengadakan garis panduan bagaimana kita cuba untuk memperkuatkan lagi aspek-aspek keselamatan dan penyelenggaraan berhubung dengan taman-taman perumahan yang sedia ada, yang tidak termasuk di dalam skim gated and guarded community. Kita akan membuat satu garis panduan dan kita akan meneliti semua aspek.

Berhubung dengan apa yang telah dibangkitkan oleh Yang Berhormat bagi Pending

memang sekarang ini terdapat banyak kondominium, apartment yang sudah siap dibangun tetapi

mereka belum mendapat surat hakmilik strata. Ini adalah disebabkan oleh kegagalan pemaju perumahan yang tidak memenuhi syarat-syarat kelulusan. Kadang-kadang ada diantaranya yang gagal untuk membayar premium dan kalau tidak dibayar macam mana kita nak bagi surat hakmilik. Kadang-kadang ada juga pemaju ini yang tidak mengemukakan permohonan untuk dikeluarkan Type B. Saya bagi contoh ada satu projek Eden Height di Jalan Lapangan Terbang. Pemaju gagal

untuk bayar premium. Ini membebankan para pembeli. Kita telah berjaya untuk menyakinkan pemaju untuk menjelaskan pembayaran premium dan ini dijangka dapat menyelesaikan masalah yang dihadapi oleh pembeli.

Dan begitu juga bagi Chonglin Park. Bangunan sudah siap dan didiami, ada yang

menjalankan perniagaan dan sebagainya tapi Strata Title tak ada dan kadang-kadang tak ada OP pun. Semua ini adalah disebabkan oleh kegagalan pemaju. Kita pun kesian kepada pembeli-pembeli dan kita telah pun berusaha untuk menyelesaikan masalah ini.

Baru-baru ini pihak pemaju telahpun mengemukakan cadangan bagaimana untuk

menyelesaikan masalah ini dan pihak SPA (State Planning Authority) will consider the proposal. The most important thing is we want to protect the interest of the buyers dan inilah yang akan kita tekankan dalam Rang Undang-Undang ini. To protect all the stakeholders.

Berhubung dengan shoplots yang telahpun dibangunkan, these are the projects which were

approved under normal subdivision. Jadi kalau mereka berminat, untuk nak dibangunkan menggunakan Strata Development ini, mereka boleh mengemukakan cadangan-cadangan untuk

kita pertimbangkan. Dan berhubung dengan harga itu, kita telahpun menetapkan dalam setiap pembangunan,

apartment, kondominium, syarat-syarat bergantung kepada bagaimana besarnya projek-projek ini, that they have to provide for the affordable houses. In this regard, if the overall developments for the strata development be it vertical or horizontal that depending on the size, on the magnitude of the project, that they have to provide for these affordable houses. Dalam kes Chonglin Park, mereka tidak memenuhi syarat yang telah ditetapkan. Mereka gagal membangunkan affordable housing. Mereka telahpun diminta untuk memenuhi syarat-syarat ini dan mereka telahpun memberi kepada kita supaya mereka complying to the conditions imposed based on the approved project that they have to provide affordable housing. Dan berhubung dengan isu on the renewal of the land title that we will consider this. Thank you very much for your input.


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Tuan Speaker, tak perlulah lagi cakap banyak-banyak. Semua dah beri sokongan. Once again I would like to thank all the Honourable members who have participated in the debate for their invaluable inputs. Rest assured all points of views will be seriously taken into account in the implementation of the law. Thank You. Tuan Speaker: Ahli-Ahli Yang Berhormat, the question before the Dewan is that the motion

standing in the order paper, in the name of the Honourable Deputy Chief Minister, Second Minister for Urban Development and Natural Resources, Minister for International Trade and Industry, Industry Terminal & Entrepreneur Development and Honourable Member for Bukit Sari be referred to the Committee of the Whole House. As many as are of the opinion say “Yes”. Government: Yes...(Resounding “Yes”)

Tuan Speaker: As many as are of the contrary opinion say “No”. The “Yes” have it. The Motion is

agreed. The Dewan shall now resolve in the Committee of the Whole House to consider the Bill with stand committed to the Committee.

COMMITTEE OF THE WHOLE HOUSE

[Tuan Pengerusi mempengerusikan Mesyuarat]

Tuan Pengerusi: The Committee shall now consider The Strata (Subsidiary Title) Bill, 2019

Clauses 1 to 54

Tuan Pengerusi: The question is that clauses 1 to 54 be ordered to stand part of the Bill. As many

as are of the opinion say “Yes”. Government: Yes...(Resounding “Yes”).

Tuan Pengerusi: As many as are of the contrary opinion say “No”. The “Yes” have it. Clauses 1

to 54 are ordered stand part of the Bill.

Schedule

Tuan Pengerusi: The question is that the Schedules be ordered to stand part of the Bill. As many

as are of the opinion say “Yes”. Government: Yes…(Resounding “Yes”).

Tuan Pengerusi: As many as are of the contrary opinion say “No”. The “Yes” have it. The

Schedules are ordered stand part of the Bill.

Enacting Clauses, Schedule and Title Tuan Pengerusi: The Dewan shall now resume.

HOUSE RESUME

[Tuan Pengerusi mempengerusikan Mesyuarat]

Timbalan Ketua Menteri; Menteri Pembangunan Bandar dan Sumber Asli Kedua; dan Menteri Perdagangan Antarabangsa dan Industri, Terminal Perindustrian dan Pembangunan Usahawan (YB Datuk Amar Haji Awang Tengah Bin Ali Hassan): Tuan Speaker, I wish to

report that The Strata (Subsidiary Titles) Bill, 2019 has been considered by the committee of the whole House and agreed to without amendment.


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RANG UNDANG-UNDANG KERAJAAN – BACAAN KALI YANG KETIGA

STRATA (SUBSIDIARY TITLES) BILL, 2019

Timbalan Ketua Menteri; Menteri Pembangunan Bandar dan Sumber Asli Kedua; dan Menteri Perdagangan Antarabangsa dan Industri, Terminal Perindustrian dan Pembangunan Usahawan (YB Datuk Amar Haji Awang Tengah Bin Ali Hassan): Tuan Speaker, I beg to move that the Strata (Subsidiary Titles) Bill, 2019 be now read a third time and do pass. Tuan Speaker: The question before the Dewan is that the Strata (Subsidiary Titles) Bill, 2019 be read a third time and do pass. As many as are of the opinion say “Yes”. As many as are the contrary opinion say “No”. the “Yes” have it.

Bill read a third time and passed

RANG UNDANG-UNDANG KERAJAAN – BACAAN KALI YANG KEDUA


Menteri Kerajaan Tempatan Dan Perumahan (YB Dato Sri Prof. Dr. Sim Kui Hian): Tuan

Speaker, I beg to move a Bill intituled an Ordinance to provide for the management and maintenance of building or land intended to be subdivided into parcels and subdivided building or land be read a second time.

Tuan Speaker, presently, there is no dedicated law that regulates the management of strata

buildings in the State. All is there is Part V of the Strata Titles Ordinance, 1995 [Cap.18] which consists of 23 sections covering matters on management corporation, management of building, rights and obligations of unit owners. Part V of the Strata Titles Ordinance, 1995 (Cap. 18) is inadequate in addressing the current needs of strata building maintenance and management.

Therefore, the introduction of specific law to cater for the maintenance and management of strata buildings in Sarawak will adequately ensure that strata building and its common facilities are always in a good state of maintenance and repair for the benefits of the owners and tenants alike.

Tuan Speaker, the proposed Bill aims to regulate the management and maintenance of

strata building, particularly high-rise buildings. For this purpose, the proposed Bill will make it mandatory for owners of unit to pay monthly maintenance charges for routine maintenance of the common facilities in and around the building, and not less than 10% of such monthly charges shall be put aside as sinking fund for major repairs/replacement and repainting works. This requirement to pay the monthly maintenance charges also applies to each of the unsold unit and in the case of the unsold units, it will be the responsibility of the developer to pay.

The proposed Bill also makes it mandatory for strata development to form a management

body responsible for the management and maintenance of the subdivided building or land. There will be a management committee, members to be elected amongst the unit owners at a general meeting. Meeting and voting procedures are provided for under the Schedules. More importantly, the management body is also responsible for the maintenance and sinking fund accounts, and such accounts need to be audited annually in order to ensure that the monies collected are properly managed.

The proposed Bill also outlines other duties and powers of the management body in order to

ensure the well-being of the strata building environment such as power to make and enforce by-laws. In addition, the management body is empowered to recover unpaid maintenance charges by


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way of attachment on the movable property of the unit owner. There will also be established a Tribunal to settle disputes between the parties of the strata building community.

The proposed Bill also allows the formation of subsidiary management body to maintain and

manage subsidiary non-residential common property such as in the case where the strata development is a mixed-development that is residential and commercial. The subsidiary management body has the same duties and powers of the main management body.

Tuan Speaker, the regulator for the strata building management proposed under the Bill shall

be the Commissioner of Building to be appointed by the Minister for the time being charged with the responsibility for local government. The same Minister is also allowed to appoint such number of deputy commissioner of building and other officers for the purpose of administering and carrying out the provisions of the new law.

For the purpose of effective enforcement, the penalty for contravening provisions of the new

law will be ranging from RM5,000 to RM250,000 and/or imprisonment ranging from one to five years depending on the nature of the offence. Offences connected with mis-handling of maintenance fund will be punished with harsh penalty.

The proposed Bill has transitional and saving provisions that allow the management bodies

established under the Strata Titles Ordinance, 1995 [Cap. 18] to be treated as management bodies established under the new law. The proposed Bill also empowers the Minister for the time being charged with the responsibility for local government to exempt any part of the local authority area and government agencies from any or all the provisions of the new law.

Tuan Speaker, the proposed Bill is divided into 12 Parts with Part IV, Part V and Part IX

subdivided into chapters. All together the bill has 141 sections and 9 schedules. The various clauses in the Bill have been explained in the Explanatory Statement to the Bill. The date of the commencement of this proposed bill will be decided by the minister by notification in the gazette.

Tuan Speaker, in this Bill, there are nine schedules. First Schedule is on the duties and

powers of the developer during the developer’s management period. Second Schedule is relating to the provisions on first annual general meeting of joint management body. Duties and powers of the joint management body is provided under the Third Schedule. Fourth Schedule is a provision for Management Corporation. Power to make By-laws by Joint Management Body and Management Corporation is provided under Fifth Schedule. Provision on first annual general meeting of management corporation is provided under the Sixth Schedule. Duties and powers of Management Corporation is stipulated in Seventh Schedule. Eight Schedule comprises of forms for warrant of attachment and notice and inventory. Nine Schedule is on Jurisdiction of Tribunal and Order of the Tribunal.

Section 137 provides the power to the Minister to make regulation for the purpose of carrying

out the provisions of the Ordinance such as providing proper standards of management and maintenance of buildings, common property on limited common property, providing proper control on administration and use the subdivided building or land and common property on limited common property, providing procedure to control or restrict short term letting of parcels in subdivided building land or etc.

In addition to the Minister’s power to make regulation, the Commissioner of Building under

Section 3(6) has also the power to give specific direction by notification in the gazette to any person in charge of managing and maintaining any subdivided building to maintain and repair any part of the building and its common property and this includes, directive to repaint or regularly cleanse the facade of the buildings and its common property.

When passed, this new legislation will provide dedicated law to regulate the management

and maintenance of strata property, ensure all strata buildings and the common property are


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always in the state of good repair and that there is always money for maintenance and above all, to raise market confidence in strata development.

Tuan Speaker, I therefore, call upon members of this august House to support this Bill. I beg

to move, Tuan Speaker.

Tuan Speaker: Another minister to second.

Menteri Kebajikan, Kesejahteraan Komuniti dan Wanita, Keluarga dan Pembangunan Kanak-Kanak (YB Dato Sri Hajah Fatimah Abdullah): Tuan Speaker, I beg to second.

Tuan Speaker: Now I shall call upon Honourable Members who wish to participate to debate on

the Bill? Tuan Speaker: Honourable Member for Repok. YB Dato’ Sri Huang Tiong Sii: Tuan Speaker, saya bangun untuk menyertai ahli-ahli Yang

Berhormat dalam Dewan yang mulia ini untuk mengambil bahagian dalam perbahasan Rang Undang-Undang bertajuk Strata Management Bill 2019.

Tuan Speaker, urbanisasi telah membawa perubahan kepada corak pembangunan hartanah di bandar dan luar bandar. Pembangunan hartanah bertingkat atau berstrata merupakan satu corak pembangunan mampan yang telah mula diterima sebagai cara kehidupan di Sarawak. Cara kehidupan berkongsi kemudahan-kemudahan awam merupakan sikap bertanggungjawab dan bertimbang rasa supaya bangunan, kemudahan-kemudahan awam dan persekitaran sentiasa terurus dan terpelihara. Peruntukan undang-undang dan peraturan berkaitan dengan penyenggaraan dan pengurusan bangunan berstrata perlu jelas, teratur dan berkesan supaya penghuni dapat menikmati kehidupan yang harmoni.

Dalam pada itu juga, pemerkasaan di peringkat agensi kerajaan serta kejelasan prosedur

dan perundangan dalam melaksanakan pendekatan seharusnya diambil kira. Misalnya seperti yang dibentangkan dalam Strata Management Bill 2019, penambahbaikan dalam pengurusan strata sangat perlu dikemaskini dan ditambahbaik untuk memastikan faedah kebaikan bersama diperingkat kerajaan, pemaju mahupun pengguna. Saya percaya, sebelum Bill ini dibentangkan,

pihak Kementerian berkaitan sudah membuat kajian mendalam secara terperinci mengenai pindaan yang hendak dilakukan.

Tuan Speaker, dengan meluluskan rang undang-undang ini, ia akan ‘empower the people’

terutamanya, pemilik-pemilik bangunan berstrata termasuk penghuni-penghuni rumah kos rendah untuk menangani isu penyenggaraan dan pengurusan bangunan yang lemah. Strata Management Bill 2019, adalah satu usaha penambahbaikan ke atas mekanisma penyenggaraan dan pengurusan bangunan serta harta bersama. Dengan ini, ia akan memperhalusi tatacara, tempoh, tanggungjawab, pembahagian kuasa pemaju, dan memastikan pengurusan bangunan dapat berjalan dengan teratur dan kemas.

Tuan Speaker, dengan pandangan-pandangan yang telah saya huraikan di sini, saya

dengan ini menyokong Rang Undang-Undang Strata Management Bill, 2019. Sekian terima kasih. Tuan Speaker: Member for Batu Kitang.

YB Ir Lo Khere Chiang: Thank you very much Honourable Tuan Speaker for this opportunity to

participate in the debate of the Strata Management Bill 2019. I notice that this Strata Bill 2019, provide dedicated law to regulate the management and maintenance of strata properties and it is indeed very timely.


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I also note that this Bill ensure that all buildings with strata titles and those common properties will always be adequately maintained and there’s enough funds for the maintenance of the same. I note that this Bill will ensure that the decision on the management and maintenance of strata properties shall be made through a democratic process and ensure that this democratic process will help raise market confidence in strata development and I am sure it will happen, and this is certainly something that the community and the developers enlarge appreciate and welcome.

I notice this Bill ensures that developers will not be able to shirk responsibilities and will

manage the strata building until a Management Corporation for the building has been fully established, this is certainly very good and ensure the purchaser/owner of respective units pay up monthly management charges promptly which is a problem now, people don’t pay up and there is no laws to cover this and I’m glad that we have it now. And there’s a certain amount money to be kept away for future major maintenance of this building. And with this law, money will be held in trust by the management body responsibly and not to be abscond with.

I note that all management meetings must be conducted strictly in accordance to the Term of

Reference provided for under this proposed amendment Bill which also provides for a mixed development situation where commercial and residential buildings come hand in hand and this law allows the formation of subsidiary Management Corporation to manage the common properties of commercial development.

I also note that this Bill as mentioned by the Minister, ensures mishandling of trust money

which will be punishable with harsh penalties and I know that is RM250,000 or three years in jail. I believe that these are penalties are necessary and will ensure that developers are responsible and will take care of the buyers as well as the residents.

I note that this Bill ensures that disputes between communities in Strata Development will be

dealt with by the Tribunal. Today we have a lot of problems there is no tribunal and a lot of times the YB’s of the area have to come in and help indicate problems and issues.

Honourable Tuan Speaker, this Strata Management Bill 2019 is certainly a pathway in

ensuring all strata buildings and their common areas be properly managed and maintained for the benefit of both owners and tenants. Either for humbly support this Bill. And thank you, Honourable Tuan Speaker.

I have something else to add here. I notice that YB Pending is very interested in development as well and very concern about penalties. I may have build one or two houses before for sale but I would like to say that even when I make a lost, I still deliver whatever I promise. I don’t cheat and I don’t tell lies like some people do. Thank you very much Tuan Speaker. Tuan Speaker: Member for Tupong. YB Encik Fazzrudin Bin Haji Abdul Rahman: Terima kasih Tuan Speaker, terima kasih YB

Datuk Amar Menteri atas undangan Rang Undang-Undang tadi.

Tuan Speaker, Management Committee of a residential building is still a new thing in Sarawak. Unlike in Kuala Lumpur or other major cities the living environment has accustom to having or managing a Management Committee overlooking the maintenance and managing of the property facilities for example swimming pools, gym, lift, etc.

That is why it is crucial for the developer to guide and manage the committee together with

the residents in the earlier stage during the handing over of the property. And the developer has to


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be responsible in ensuring that the Management Committee which consist of the residents only will be able to manage the property in the future.

It is of course, one more point that I want to raise, it is of course the responsibilities of the

buyer to request all possible information form sellers or developers before they decide to buy a particular unit. But the developer must be responsible as well to ensure that the rate of management fee is duly informed to the buyer as well. Even though it is usually decided by the Management Committee once it is formed but a guideline or a formula which gives the most accurate rate must be in place. And this fee should be made known to the buyer before he or she even decided to buy the said property.

I am sure it can be calculated based on the plan submitted earlier as per regulated by Strata

(Subsidiary Title) Bill 2019. Besides that any increment of the said fee in the future must be well regulated as well to be

fair to both committee and residents.

Tuan Speaker, other than the Strata Develop and Build by the private developer, there are Properties Develop and Build by the Government namely Housing Development Corporation (HDC) like what Ahli Yang Berhormat for Pending mentioned just now they were there, dengan tangan-tangan dia, the culprit behind the Strata Title not issued tetapi telah diterangkan dengan terperinci oleh YB Menteri bahawa ianya disebabkan oleh developer yang tidak akur dengan regulation ataupun undang-undang yang telah ditetapkan. Maka Ahli Yang Berhormat Pending

telah melakukan satu pendekatan seperti biasa yang dilakukan oleh bos-bos mereka dulu, cakap dulu, fikir kemudian, ataupun janji dulu, fikir kemudian dan satu lagi, tipu dulu, dan fikir kemudian. Ini adalah pendekatan mereka sekarang Tuan Speaker, Ya, yes, yes.

Okay, berbalik kepada apa yang telah saya katakan tadi, some of the property develop not by the property developers, they are develop by mainly Housing Development Commission (HDC). This residents are mainly from the B40 Group and they are so occupied to make ends meet and it is rather impossible for them or for us to expect them to dedicate their time to form a Management Committee and overlooking the task of one. But at the same time they also have the right to live in a comfortable and safe living environment.

Jadi, saya ingin memohon agar kes-kes sebegini diberi pengecualian dan tidak

dikuatkuasakan atau tidak diwajibkan untuk mereka membentuk Jawatankuasa ini tapi saya ingin mohon pihak agensi Kerajaan yang berkenaan diberi tanggungjawab untuk melaksanakan peranan Jawatankuasa Pengurusan ini untuk memastikan keadaan persekitaran yang kondusif, selesa dan selamat. Jadi, kebanyakan daripada penduduk-penduduk yang tinggal di Projek Perumahan Rakyat mereka terlalu sibuk untuk mencari pendapatan mereka dan agak mustahil untuk mereka membentuk satu Jawatankuasa dan memberi komitmen mereka untuk melihat kepada aspek pembangunan dan maintenance satu-satu tempat tersebut.

Jadi, oleh itu, saya ingin mohon agensi kerajaan, namely Housing Development Commission

(HDC) untuk menjadi Management Committee dan sudah tentu peruntukan diperuntukkan untuk tujuan ini untuk memastikan mereka juga ada hak untuk hidup dalam keadaan yang selesa dan manage properly facilities yang ada di Projek Perumahan Rakyat ini. Jadi itu saja isu-isu yang

ingin saya bangkitkan, terima kasih sekali lagi Tuan Speaker. Terima kasih YB Menteri Kerajaan Tempatan dan Perumahan, saya mohon menyokong. Tuan Speaker: Honourable Member for Tanjong Batu.

YB Encik Chiew Chiu Sing: Tuan Speaker, thank you Tuan Speaker for giving me the opportunity

to debate on the Strata Management Bill 2019. No doubt many of us would envy the stunning views of a high-rise and perhaps that is why the demand for high-rise buildings do not seem to disappear worldwide.


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Today in Moscow alone there are over 11,000 high-rise towers, in Hong Kong near 8,000 and in Seoul there are over 7,000 many are for residential. Bintulu has about 10 of them including those 16 blocks of walked up apartments at Sg. Plan, but now the tallest high-rise in Bintulu is the Peak, 35 storey tall. There are other walked up apartments also apart from those I mentioned in Sg. Plan in Bintulu also part in those Sg. Plan also in Idris Graden and others.

Tuan Speaker, for the view points of the buyers a stunning view is probably a good reason

for them to purchase a high-rise unit, and may be also, no yard work, less chores around the house etc. But from the view point of the developers, as to why they are building so many high-rise, it is probably because of the density, the number of units you can build on a piece of land, they can build up and build many many unit as compared to buildings on the ground, where you can only build so many.

Thus, it is money to the developer to build more, to sell more and to make more money.

However, the higher the building rises, the more expensive it is the construction costs. Thus, the tallest buildings tend to be luxury units, geared for those for the luxurious investors.

Not all high-rise are occupy by luxurious investors, we have all kinds of people living in them,

working people, young families, elderly folks and others. I would say there are more of those than that of the luxurious folks. And because of the so many different types of people living in high-rise buildings, the problems are many. It is a very different society up there with a different type of community and many different set of different illness as well as other social problems.

Tall buildings also inflate the prices of the adjacent lands. So, if you have old houses around

the high-rise, they are likely to give way to other high end development one day. So, the private land owners near high-rise are constantly having a feeling of being “chased” away by big developments and one wander what is the meaning of all these. Yes, we have a thick Bill today to deal with many aspects of the high-rise buildings but we must always be aware of the social aspects, health, safety, mental pressure and others and even whether our fire engines can reach that high.

Perhaps, keeping the building always looking good, looking new and refurbished and not run

down like some discarded buildings. And then having more spaces around the building for parks, sport halls and kopitiams, eating stalls, food markets and others, maybe it will help to create a less

stressful environment and promote propinquity. Propinquity is one of the main factors leading to interpersonal attractions. It refers to the

physical or psychological proximity between people. Physical proximity can mean kinship between people or a similarity in nature between things. And then perhaps a mix by income and ethnicity could also be promoted on this high-rises all that each neighbourhood is reflective of the real population as a whole like on ground level and not a segregated group of people.

All these are important factors Tuan Speaker which are important for character, liveability,

social fabric to the people living in the high-rise building. The fire at the Grenfell Tower in England in June 2017, had made many of us to rethink about this high-rise social housing.

Tuan Speaker, today the Bill in it many ways in providing rules in the management of the

high-rise building but I think one of the problems frequently encountered by the Committee is still the defaulters of the monthly maintenance. The people could be a victim of habitual debtor syndrome or plain forgetfulness, unpaid dues can snowball and implode. Maintenance fee sometimes can be high. It depends on the extend to which the Committee wants their fire safety, security, operating costs to be for the high-rise building, it could easily be several hundreds of ringgit a month.

Buyers must always remember that when they buy the unit in the high-rise which come with

a monthly maintenance charge they are actually entering into a contract with open eyes to live by


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the rule so as to reduce the issue of non-payment of rental fee which is the most head aching problem in the management of the high-rise buildings. Perhaps the management body could run a bankrupt check from time to time on the defaulter as a bankrupt is unlikely to pay up with monthly maintenance charges.

Rules are rules and human beings are human beings and there will always be many who

would oppose or abuse the rules and this is not only done by the residents and owner alone. It can also be committed by Members of the Management Committees which may want to use the sinking fund for something not provided by the fund like building a club house annex or something like that. Rules and laws can even be committed, breaking of the rules and laws even can be committed by the developers like demarcating car park lifts for their own use. So it all comes down to the people who develop, own and live in the high-rise building to know their rights and duties and to self regulate themselves for a happy living at the high-rise. That is Tuan Speaker. Thank you very much. Tuan Speaker: Any other Member? Honourable Member for Bukit Assek.

YB Puan Irene Mary Chang Oi Ling: Thank you Tuan Speaker. Tuan Speaker, Strata Titles Properties in our State have long be implied by complaints and the two men once are:

(a) an inordinate long delay in issuance of subsidiaries titles; and (b) poor management and maintenance of the common areas and the facilities on the hall. And this Bill seeks to address a latter issues. We support the spirit of this Bill Tuan Speaker

but I like to raise one or two observations which I particularly concern about after reading through the Bill.

(a) Maintenance charge and contribution to sinking funds. Now this is surely quite for the Management Corporation to provide good management and the maintenance of the Strata Titled Properties concern. Because in the eyes of the Government the Management Corporation is only responsible for matters involving the legal obligations of the Local Councils. Whereas for the owners the Management Corporation is responsible for the maintenance of the common areas and facilities, insurance and all informant mediator between residents.

It is therefore undisputed that if the management corporation is to do a good job, they must

be provided with the funds to achieve that. That is provided in the Bill in Section 11. Now with the funds be provided for Tuan Speaker, there should be accountability. And this is where I feel the Bill has not addressed this issue fully. In Section 11 Sub-Section 3, the determination of the maintenance charge is left to what the developer would deem as fair and reasonable. And now what is fair and reasonable to a generous developer in managing a property may not be fair and reasonable to a filthy developer and to the purchaser of Strata Title Properties and especially when the latter are the one who come up with the payments.

Even if not all purchasers would find fault in the sum of payments, a substantial group of this

purchasers will be sufficient to handicapped the management corporation from carrying out a good management and maintenance work on the properties. This eventually might lead to dispute between the developer and the purchasers with purchasers not willing to pay up and maintenance corporation not having sufficient funds to do what has to be done.

And this will bring us back to square one. Through under Section 9 and 10 of the Bill, a

recourse is given to a satisfy purchasers to apply to the Commissioner for a review. However, in any situation where the “victims” Tuan Speaker, have to take the initiative to demand for justice to be done. It is always more likely than the not. Nothing will be done. And perhaps the situation gets too bad. May I therefore, suggest, that the developer should not be given a free hand but the rate for the maintenance charge in accordance to the type, the size and the vicinity of the Strata Title Property has to be fixed. This may be done by Ministry in corporation with SHEDA who may review


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and adjust the rates from time to time. This will also stich up any possibility of any errant developer of turning this cash cow and expand the house bias. (b) Purchases of low cost housing of Strata Title Properties. A property is a biggest investment for most people. Where some people opted for landed property some will go for Strata Title Property just as there are these properties as in condominiums at high end. There are properties in low end as in lax to cater the B.40.

In fact, there are some of these in my area Bukit Assek where all rumbling flats are located. Currently these old flats which may house up to thirty families are all sharing one document title due to the fact that the concept of the strata title had not been borne at that time. The problem that thirty families sharing one title need not been mention as I’m sure everyone can visualize the problem. Now if these thirty families who come mainly from the B40 group want to apply to subdivide the land to apply for thirty subsidiaries strata titles there will no doubt come again added responsibility of payment of maintenance charges and sinking fund. They need assistance, Tuan Speaker, to help them become the proud owners of individual land title. In Semenanjung, if I’m not wrong, to my knowledge, they have what is called Strata Ownership Special Fund to assist property owners who are in the process of strata title application for building that are categorized as special buildings as stated in the Strata Titles Act. This fund has been a tremendous help to the owners of this special buildings who are mainly the B40 and M40 group. Perhaps the State here should set up a similar fund to assist these people in the application as well as in the maintenance fund and sinking fund.

Now enforcement provision. This seeks to allow the management corporation to function

more effectively but imposing fund against defaulters, recover damages of any loss or injury to any person or property arising out the breach of any by-laws and to recover any outstanding sum from proprietors by applying for warrant of attachment of moveable properties. Tuan Speaker, these provisions are provided but if I’m not mistaken, the Bill is totally silent on what is to happen to the damages and fines which are recovered. Are they to go into the maintenance fund as they should or into the sinking fund. This should be look into, Tuan Speaker, as we don’t want any loophole to allow the developers, maintenance corporation to take advantage of this. With this I conclude. Thank you. Tuan Speaker: Any other Member who wishes to speak? I shall call upon Honourable Minister to

do the winding up. Member for Balingian. YB Encik Abdul Yakub Bin Haji Arbi: Thank you, Tuan Speaker. Terlebih dahulu saya ingin

mengucapkan jutaan terima kasih kerana diberi ruang dan peluang untuk menyokong Rang Undang-Undang Pengurusan Strata, 2019 ataupun Strata Management Bill, 2019.

Seperti yang kita sedia maklum, terdapat pemajuan strata yang terdapat di Sarawak seperti condomonium, apartment, rumah flat, rumah kedai, town house serta landed strata SOHO, SOGO dan sebagainya. Rang Undang-Undang ini berperanan dalam menyediakan satu rujukan dan panduan yang seragam berhubung penyelenggaraan dan pengurusan sesebuah pemajuan berstrata. Dengan adanya rujukan sebegini akan memudahkan pihak pemaju melaksanakan pengurusan, pembaikan dan harta-harta ini sentiasa berada di dalam keadaan yang baik dan selamat.

Also this Bill is to complement the Strata Subsidiary Titles Bill, 2019 to ensure that any high-

rise buildings built by developers are well-managed and maintained in order to give healthy, conducive living environment for these communities. I would like to quote one example, property apartment in Bintulu, because I bought one there. Issue is that as mentioned by Datuk Amar earlier, failure by the developer to pay the premium while at the same time OP were issued quite late after various negotiations. Among loopholes is when the premium was not collected at the initial stage or before the commencement, most schedule stages of payment in S&P, were almost on the late stage, that is issuance of title or OP which comes later.


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So based on this, I beg to support the Bill tabled by the Minister just now. Thank you so much. Tuan Speaker: Any other Member who wishes to speak? I shall call upon the Honourable Minister

to do his winding up. Menteri Kerajaan Tempatan dan Perumahan (YB Dato Sri Prof. Dr Sim Kui Hian): Thank you

very much Tuan Speaker. I would like to take this opportunity to thank the six Yang Berhormat from this august House who participated in the debate on this Strata Management Bill, 2019. As the new law would benefit both the purchasers and the developers, it will give confidence to purchasers that when they buy strata unit, they know that the common property will be well taken care of. This in fact will boost the demand for strata properties. To the developers, this is also good in the sense that when they decide to do strata development, there will always be eager buyers for the development. In addition, we want to ensure that buildings in our towns and cities are always in good state of repairs and maintenance especially the pattern of the buildings and that they are not an eyesore in our towns and cities. Like what I mentioned before this House, when passed, this law will ensure there will always be money for maintenance for these strata buildings and when there is dispute, whether the dispute is between the purchaser and the developer, amongst the strata committee, there is always a person or body to refer to settle the dispute.

I greatly appreciate all the points raised by Yang Berhormat from Repok, Batu Lintang, Tupong, Tanjong Batu, Bukit Assek and Balingian. All the points raised will be taken into serious consideration when implementing the Bill. So with that, Tuan Speaker, thank you very much. Tuan Speaker: Ahli-ahli Yang Berhormat, the question before the Dewan is that the Motion

standing in the Order Paper in the name of the Honourable Minister for Local Government and Housing and Honourable Member for Batu Kawah, be referred to the Committee of the Whole House. Tuan Speaker: As many as are of the opinion say “Yes”. Government: Yes…(Resounding “Yes”).

Tuan Speaker: As many as are of the contrary opinion say “No”. The “Yes” have it. The Motion is

agreed. The Dewan shall now resolve into the Committee of the Whole House to consider the Bill which stands committed to the Committee.

COMMITTEE OF THE WHOLE HOUSE

(Tuan Pengerusi mempengerusikan Mesyuarat)

Tuan Pengerusi: The Committee shall now consider the Strata Management Bill, 2019.

Clauses 1 to 141

Tuan Pengerusi: The question is that Clauses 1 to 141 be ordered to stand part of the Bill. As many as are of the opinion say “Yes”. Government: Yes…(Resounding “Yes”).

Tuan Pengerusi: As many as are of the contrary opinion say “No”. The “Yes” have it. Clauses 1

to 141 are ordered to stand part of the Bill.


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Schedule Tuan Pengerusi: The question is that the Schedule is ordered to stand part of the Bill. As many as

are of the opinion say “Yes”. Government: Yes…(Resounding “Yes”).

Tuan Pengerusi: As many as are of the contrary opinion say “No”. The “Yes” have it. The Schedule is ordered to stand part of the Bill.

Enacting Clauses, Schedule and Title Tuan Pengerusi: The Dewan shall now resume.

HOUSE RESUMED

(Tuan Speaker mempengerusikan Mesyuarat)

Menteri Kerajaan Tempatan dan Perumahan (YB Dato Sri Prof. Dr Sim Kui Hian): Tuan

Speaker, I wish to report that Strata Management Bill, 2019 has been considered by the Committee of the Whole House and agreed to without amendment.

RANG UNDANG-UNDANG KERAJAAN – BACAAN KALI YANG KETIGA


Menteri Kerajaan Tempatan dan Perumahan (YB Dato Sri Prof. Dr. Sim Kui Hian): Tuan Speaker, I beg to move that the Strata Management Bill, 2019 be now read a third time and do pass. Tuan Speaker: Ahli-ahli Yang Berhormat, the question before the Dewan is that the Strata Management Bill, 2019 be read a third time and do pass. As many as are of the opinion say “Yes”. Government: Yes…(Resounding “Yes”) Tuan Speaker: As many as are of the contrary opinion say “No”. The “Yes” have it. The Bill is read

a third time and passed.

Bill read a third time and passed


Tuan Speaker: Ahli-ahli Yang Berhormat, the sitting is now adjourned and the House shall resume

its sitting at 9.00 a.m. tomorrow.

(Mesyuarat ditangguhkan pada jam 4.26 petang)

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