Kota Kinabalu MP Hiew King Cheu has apparently uncovered 15 multimillion-ringgit scams involving falsification of land titles. All the cases, according to Hiew, involve substitution of the original title with a new one for fraudulent purposes.

land title scam in sabah 120609 01“We have advised two victims, one in Kota Kinabalu and another in Sandakan, to lodge police reports on the matter,” said Hiew (pic, left), who is also Sabah DAP (Democratic Action Party) chief.

“We are still studying the other thirteen cases. Our interest in the matter goes beyond what appears on the surface.”

Hiew fears that the cases before him may not be isolated ones but the tip of the proverbial iceberg considering the manner in which the fraud was perpetuated. He also urge other landowners to do a search on their properties at the Land and Survey Department (LSD) and come forward if they uncover any discrepancies or evidence of fraud.

Hiew cited a Madam Ho from Kuala Menggatal in Sepanggar as a case in point. According to the facts of the case gathered by Sabah DAP, Ho and her family members became the rightful owners of 4.87 acres of agricultural land in Kuala Menggatal, Sepanggar, when her father passed away in 1959.

In July 1974, the LSD informed the family that the said land along with that of others in the vicinity was being compulsorily acquired by the state government and Sabah Foundation for educational purposes.

Their original title was taken away by the LSD and they were offered compensation of RM5,500 in lieu. They rejected the offer which they thought was too low for prime land.

Valuer conducted discreet enquiries

Sometime last year, Ho became curious when she noticed that her land was still lying idle with overgrown lallang.

land title scam in sabah 120609 02Her son, whom she dispatched to the LSD to make enquiries, returned with the news that she could not have the original title back since it had already been compulsorily acquired by the state government and the Sabah Foundation.

She subsequently received a letter to this effect from the LSD. The land was apparently acquired under the Sabah Land Ordinance Section 3, Chapter 69 (No. G.N. 791/73) and a detailed development plan was attached.

Hiew, whom Ho approached for help, sought the help of a valuer/surveyor friend to conduct discreet enquiries.

The surveyor discovered that a new title for the land in question had in fact been issued in 1992 to three individuals from Sarawak. The trio subsequently sold the property in 2005 to a Sarawak company for RM3.5 million. Therein the matter lies.

“What is interesting about this case is that there is a signed document dated July 1974 at the LSD indicating that Ho’s father had agreed to the acquisition of the land by the state government and the Sabah Foundation,” said Hiew.

“The catch is that Ho’s father passed away in 1959. How could a dead man have signed the document? Also, the signature is in English. Ho’s father is an old Chinaman who could only sign in Chinese. He signed the original title in Chinese as well.”

Owner's land used as surety by unknown person

In Sandakan, a complainant who identified himself only as Mr Ng came forward to tell Hiew that his four-acre industrial land was allegedly used as surety by a person he does not know to obtain a loan of RM200,000 from an individual who charges interest of nine per cent per month.

As the story goes, the loan agreement was subsequently used to caveat his land title at the LSD.

Ng made the shocking discovery when he wanted to sell his property and was advised by the LSD that his land was under caveat. The LSD provided him with a copy of the loan agreement.

“Ng discovered that the entire loan agreement had been falsified bearing fraudulent signatures, a rubber stamp and company seal and forged signatures of so-called witnesses,” said Hiew.

“It is yet to be ascertained whether the solicitor’s signature and chop were fake too. The police will have to make that determination.”

Hiew is demanding the LSD explain how the Sandakan land could have been caveated without the original title being produced for endorsement and “the loan document being not properly scrutinised”.

Draft land title disappears


LSD director Osman Jamal pledged that his department would take disciplinary action if any of his officers were found to be involved in fraudulent activities.

He cited the case of a Chinese businessman who bought a piece of land in Tawau from a local.

sabah forest trees kinabatangan meliau reserve 240509 01Subsequently, the draft land title went missing before it could be registered and now the LSD has discovered that the land had been sold to another person after the signature of the first landowner was forged.

“Landowners who do not receive their draft land titles should lodge a report with us for a replacement,” said Osman. “Those who discover their draft titles have been collected by someone else through forging their signatures should also lodge police reports.”

“If landowners can prove that their draft land title was missing and the land belongs to them, we will replace with a new document.”

Osman disclosed that his department had until Dec 31 last year issued 327,317 land titles involving the alienation of 1.9 million hectares. Fifty-two per cent comprise Native Title (NT) lands.

“We have to balance land alienation between NT and CL (country lease),” said Osman. “It is only through CL that we can collect revenue for the state.