SAMPLE TENANCY AGREEMENT

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MY FRIEND SHYLOCK HAS BEEN APPROACHED BY HIS FRIEND TO RENT OUT A PROPERTY FOR USE
AS AN INTERNET CAFE.

AS USUAL I OBLIGED HIM WITH A PRECEDENT.

HOWEVER ITS JUST A SAMPLE AND IF YOU WANT TO USE IT YOU SHOULD CONSULT A LAWYER FOR THE SPECIFIC NEEDS OF YOUR SITUATION.

SEE OUR LAWYERS DIRECTORY PAGE TO SECURE SERVICES OF A LAWYER IN SABAH.


SAMPLE –INTERNET CAFE
TENANCY AGREEMENT

THIS TENANCY AGREEMENT (hereinafter referred to as “the Agreement) is made the day and year stated in Section 1 of the First Schedule hereto (hereinafter referred to as “the The Main Tenant”) of the one part AND the party whose name, address and description is stated in Section 3 of the First Schedule hereto (hereinafter referred to as “the Sub-Tenant”) of the other part.

WHEREAS: -

(I) The Landlord is the registered and beneficial owner of a property more particularly referred to and described in Section 4 of the First Schedule hereto (hereinafter referred to as “the said Property”)

(II) The Main Tenant has agreed to grant and the Sub-Tenant has agreed to take a tenancy of the premises more particularly referred to and described in Section 5 of the First Schedule hereto (hereinafter referred to as “the Demised Premises”) upon the terms and conditions hereinafter appearing.

(III) The Main Tenant has agreed to grant and the Sub-Tenant has agreed to take a tenancy of the Demised Premises upon the terms and conditions hereinafter appearing.

(IV) The Sub-Tenant intends to utilise the Demised Premises only for the purpose as specified in Section 6 of the First Schedule hereto.

NOW THIS AGREEMENT WITHNESSETH as follows:

1. Subject to the terms and conditions hereinafter contained, the Main Tenant hereby grants and the Sub-Tenant hereby accepts a tenancy of the Demised Premises (hereinafter referred to as “the Tenancy”) for a term as stipulated in Section 1 of the Second Schedule hereof with effect from the date as stated in Section 2 of the Second Schedule at a monthly rental as stated in Section 3 of the Second Schedule (hereinafter referred to as “the said Rent”), the said Rent is to be paid one month in advance without any deduction within the first seven (7) days of each month. The first of such payment to be made on the commencement of the Agreement herein and subject to the stipulations modifications terms and conditions hereinafter contained.

2. The Sub-Tenant shall upon the execution of the Agreement herein pay to the Main Tenant the sum stipulated in Section 4 of the Second Schedule hereof being security deposit (hereinafter referred to as “the Security Deposit”) as security for the due performance and observance by the Sub-Tenant of the stipulations terms and conditions of the Agreement herein. The Security Deposit shall be maintained at this figure during the term of the Tenancy and shall not be deemed to be or treated as payments of rent water electricity or other amenities except that the Main Tenant shall at his absolute discretion on the termination of the Tenancy or sooner determination thereof due of any breach of any of the provisions of this Agreement by the Sub-Tenant in the due observance and performance of the stipulations terms and conditions herein contained including any damages to the Demised Premises and to the fixtures and fitting thereof caused by the Sub-Tenant their servants or agents, to deduct whatsoever sum or sums that may be due to the Main Tenant as rent and other outgoings liable by the Sub-Tenant hereunder contained and/or for any repairs replacements damages lost fixtures belonging to the Main Tenant on the Demised Premises, fair wear and tear excepted. In the event that there is a balance, to return the balance to the Sub-Tenant without interest thereon, within one (1) week of the termination.

3. The Parties herein hereby covenant that the Sub-Tenant shall pay to the Main Tenant a sum as stipulated in Section 5 of the Second Schedule hereto (hereinafter referred to as “the Utilities Deposit”) being the deposit for water and electricity which sum shall be refunded to the Sub-Tenant after the expiry of this Agreement on clearance of all water and electricity bills incurred by the Sub-Tenant during the period of the Tenancy. The Utilities Deposit shall under no circumstances be used by the Sub-Tenant to offset the reserved rent and shall not be treated or deemed to be payment of the reserved rent.

4. THE SUB-TENANT HEREBY COVENANTS WITH THE MAIN TENANT as follows:

(a) to pay the said Rent at the times and in the manner aforesaid;

(b) to pay all deposits for the supply of electricity, water and telephone and to pay and discharge punctually during the subsistence of the tenancy, all water and electricity, telephone, conservancy, garbage collection charges and other outgoings for the Demised Premises;

(c) to keep in tenantable repair and condition the Demised Premised including all windows glass shutters locks fastenings together with all the fixtures fittings and additions thereto throughout the term of the tenancy with fair wear and tear excepted and to yield up the same in such repair at the determination of the Tenancy and also to make good any stoppage of or damage caused by the negligence of the Sub-Tenant their servants licensees or invitees;

(d) to permit the Main Tenant and/or his agent with or without workmen and other at all reasonable times to enter and examine the state of repair of the Demised Premises and fixtures fittings therein and forthwith to repair and make good in a proper workmanlike manner any defects, decays and want of repair thereof which written notice shall be given to the Sub-Tenant or left on the said Demised Premises and if the Sub-Tenant shall not within fourteen (14) days after the service of such notice proceed diligently with the execution of the repairs then to permit the Main Tenant and/or his agent(s) to enter upon the Demised Premised and execute repairs and the costs thereof shall be the sum due from the Sub-Tenant and shall be repayable on demand;

(e) to use the Demised Premises for the purposes(s) as specified in Section 5 of the First Schedule only and not to use or permit to be used the Demised Premises for any illegal unlawful or immoral purposes whatsoever that may affect adversely the interest of the Main Tenant and not to do or permit to be done any act or thing which may become a nuisance or annoyance or cause damage or inconvenience to the Main Tenant or the Sub-Tenant;

(g) not to do or permit to be done anything which will or may infringe or violate any statutes, laws or regulations pertaining to the Demised Premises and use it thereof to observe and be personally responsible for any infringement or violation against any statutes, laws or regulations and to indemnify the Main Tenant in respect thereof;

(h) not to affix, erect thereon or otherwise exhibit thereon any part thereof or permit or suffer to be so affixed erected or exhibited any advertisements of any whatsoever nor erect any boarding on which to place such advertisements nor to do anything which the Main Tenant may from time to time prohibit in writing;

(i) not to do or permit or suffer to be done anything whereby the policy or policies of insurance of the Demised Premises against damage by fire or other risks may be become void or voidable or whereby the premium thereon may be increased and to make good all damage suffered by the Main Tenant caused by a breach of this covenant and to repay to the Main Tenant on demand all sums paid by the Main Tenant by way of increased premium and all expenses incurred by the Main Tenant in or about any renewal of such policy or policies rendered necessary by a breach or non-observance of this covenant without prejudice to the other rights of the Main Tenant;

(j) at all times during the term of the Tenancy, and any extension thereof, to carry the necessary public liability insurance covering the Demised Premises, which insurance shall insure against liability for personal injury or death and property damage and theft;

(k) not to make any erection alterations or additions to the Demised Premises without the prior consent in writing of the Main Tenant and the costs and expenses of any such alterations or additions shall be borne solely by the Sub-Tenant and the Sub-Tenant shall not be entitled to any compensation in respect thereof upon the termination of the Tenancy;

(l) at its own cost and expenses, to restore the demised Premises to its original condition if any structural alterations or additions have made by the Sub-Tenant pursuant to clause (k) above if so required by the Main Tenant at the expiry or sooner determination of the period of the Tenancy. Such restoration shall be carried out under the supervision of the Main Tenant’s Architect or other agent within fourteen (14) days from the expiration or sooner determination of the Tenancy, failing which the Main Tenant shall be at liberty to carry out such restoration and the costs and expenses thereof shall be borne by the Sub-Tenant and payable by the Sub-Tenant to the Main Tenant upon demand;

(m) not to install any additional electric points or wiring or additional plumbing connection on or to the Demised Premises without the prior consent of the Main Tenant provided always that any electric wiring or plumbing connections as may be approved by the Main Tenant shall be carried out in compliance with all rules by -laws and matters prescribed by the competent/relevant authorities;

(n) to be responsible for and to fully indemnify the Main Tenant against all and every loss and damages whatsoever incurred or sustained by the Main Tenant as a consequence of any breach or non-observance of the Sub-Tenant’s covenants herein contained and fully indemnify the Main Tenant and the Main Tenant’s estate and effects from and against all actions claims liability costs expenses thereby arising;

(o) the Sub-Tenant hereby undertakes to adopt every precaution which may be necessary or expedient to prevent fire;

(p) not to bring or store or permit or suffer to be brought or stored in the Demised Premises or any part thereof any goods which are of an explosive, combustible, dangerous or hazardous nature;

(q) not to suffer alter injure disfigure spoil or damage any of the wall ceiling floors or any other part of the Demised Premises and to forthwith make good and reinstate such walls floors or other parts of the Demised Premises;

(r) to maintain and regularly service the fan sanitary and electrical appliance and electric fittings installed and supplied by the Main Tenant in the Demised Premises;

(t) at the expiration or sooner determination of the Tenancy, the Sub-Tenant shall peaceably and quietly deliver up vacant possession of the Demised Premises to the Main Tenant together with all fixtures and fittings therein in clean good and tenantable repair and condition, with the usual fair wear and tear excepted, in accordance with the covenants herein contained and to make good and replace at the Sub-Tenant’s own cost any damage caused to the Demised Premises; and

(u) to permit the Main Tenant during the two (2) months immediately preceding the expiration or sooner determination of the tenancy to affix or retain without interference at or by the front portion/facade of the Demised Premises a notice of re-letting the Demised Premises and during the said two (2) months to permit persons with due authority from the Main Tenant at all reasonable times of the day to view the Demised Premises.

5. THE MAIN TENANT HEREBY COVENANTS WITH THE SUB-TENANT as follows:

(a) to pay the quit rent and assessment payable in respect of the Demised Premises whenever the same becomes due;

(b) that the Sub-Tenant performing its obligations herein set forth shall pay the said Rent hereby reserved and observe perform the several covenants and stipulations on the Sub-Tenant’s part therein contained peacefully and quietly hold and enjoy the Demised Premises during the Tenancy without any interference from the Main Tenant or any person rightfully claiming under or in trust for the Main Tenant; and

(c) to keep the Demised Premises (exclusive of the Sub-Tenant’s own furniture, fixtures and fittings, appliances, goods and chattels) insured against loss or damage by fire.

6. PROVIDED ALWAYS and its is hereby agreed as follows:

(a) if the said Rent hereby reserved or any other charges herein covenanted to be paid by the Sub-Tenant shall be in arrears and unpaid at any time for seven (7) days after becoming due whether formally demanded or not or if any of the other covenants, stipulations or arrangements on the part of the Sub-Tenant herein contained shall not be performed or observed or having a receiving order made against it or shall become bankrupt or upon the liquidation or winding-up of this Tenant otherwise than upon reconstruction or amalgamation or if the Sub-Tenant shall make any assignment for the benefit of or enter into any arrangement with his creditors or if the Sub-Tenant shall permit any execution to be levied on the Demised Premises, then and in any such cases, it shall be lawful for the Main Tenant at nay time thereafter to serve a forfeiture notice upon the Sub-Tenant and it is hereby mutually agreed that reasonable time in which to remedy the breach of the subject matter of the said forfeiture notice is fourteen (14) days shall be deemed a reasonable time and on the expiration of the period specified in the forfeiture notice without the breach complained of having being remedied, the Main Tenant shall be at liberty to re-enter upon and take possessions of the Demised Premises or any part thereof in the name of the whole and thereupon the Tenancy shall absolutely determine but without prejudice to the right of action of the Main Tenant in respect of the breach of the Sub-Tenant’s covenants herein contained, failing which it shall be lawful for the Main Tenant to re-enter upon the Demised Premises or any part thereof in the name of the whole and thereupon this Agreement shall be absolutely determined but without prejudice to the rights of the Main Tenant in respect of any antecedent breach of covenant on the Sub-Tenant’s part herein contained;

(b) the Sub-Tenant hereby acknowledges that the Sub-Tenant has checked and inspected the Demised Premises and declares that the Sub-Tenant is satisfied with the good and tenantable condition thereof and no objection whatsoever shall be raised by the Sub-Tenant after the Sub-Tenant has taken possession of the Demised Premises of any defects or want of repair which have not been raised by the Sub-Tenant before the execution of the Tenancy agreement and no subsequent complain shall be entertained and the Sub-Tenant’s taking possession of the Demised Premises shall be conclusive evidence as against the Sub-Tenant that the Demised Premises is in good order and satisfactory condition when the Sub-Tenant took possession thereof;

(c) the Sub-Tenant shall at his own cost provide arrange and take all necessary precautions against theft robbery and loss and it is hereby expressly agreed that the Main Tenant shall not be held responsible or liable for the same;

(d) acceptance of said Rent by the Main Tenant shall not be deemed to operate as a waiver by the Main Tenant of any right of action against the Sub-Tenant in respect of any breach of any of his obligations hereunder;

(e) if at any time during the Tenancy, the Demised Premises or any part thereof shall be destroyed or damaged so as to become unfit for occupation or use by fire explosion (except when such fire explosion shall have been caused by any act or default or negligence of the Sub-Tenant) lighting riot tempest or act of God or from any other cause then the said Rent hereby reserved or a fair proportion thereof according to the nature of the damage sustained (to be ascertained in the case of dispute by arbitration in the manner provided by the Arbitration Act, 1952 or nay modification thereof in force at the time of the dispute) shall be suspended and cease to be payable until the Demised Premises shall have been again rendered for habitation and use. PROVIDED ALWAYS THAT the Main Tenant shall not be bound or compelled to rebuild or reinstate the Demised Premises or any part thereof unless the Main Tenant in his discretion thinks fit or desires to do so;

(f) the Sub-Tenant shall upon the Main Tenant’s request at any time during the period of the Tenancy permit persons and/or the Main Tenant’s agent with the due authority from the Main Tenant at all reasonable times of the day to enter and view the Demised Premises;

(g) should the Sub-Tenant without the written consent of the Main Tenant first had and obtained, leave or vacate or attempt the Demised Premises prior to the expiry of the term hereby created, the Main Tenant shall forthwith be entitled to be compensated by forfeiting the Security Deposit SUBJECT ALWAYS to the Sub-Tenant’s right to give to the Main Tenant a sixty (60) days notice in writing of his intention to pre-determine the Tenancy PROVIDED that the Sub-Tenant has not at any time breached any of the terms and conditions herein contained;

(h) notwithstanding anything herein contained, the Main Tenant shall not be liable either to the Sub-Tenant, its employees, agents or licensees in the Demised Premises or to others who may be permitted to enter or use the Demised Premises for accidents happening or injuries sustained or loss of or damage to goods or chattels in the Demised Premises or any part thereof unless it was due to the gross negligence of the Main Tenant;

(i) the Main Tenant shall on the written request of the Sub-Tenant made two (2) months prior to the expiration of the term hereby created grant to the Sub-Tenant a tenancy of the Demised Premises for a further term of one (1) year at prevailing market rental PROVIDED ALWAYS THAT the Sub-Tenant shall not be in breach of any of the covenants herein contained; and

(j) in the event the Demised Premises is acquired under the relevant provisions of the Land Acquisition Ordiance then this Agreement shall be terminated upon written notice thereof being given by either party to the other and neither party shall have any claims against the other.

7. All disbursement costs of and incidental to the preparation and completion of this Agreement herein and all cost on a solicitor and client basis shall be paid for by the Sub-Tenant and the Main Tenant equally.

8. Any notice required to be given under this Agreement shall be writing and shall be sufficiently served on the Sub-Tenant by ordinary letter addressed to him at his address stated herein or at his last known address in Malaysia and shall be sufficiently served on the Main Tenant by registered latter addressed to him at his address stated herein or his last known address in Malaysia and shall be deemed to have been received by the addressee in the ordinary course of mailing.

9. This Agreement shall be binding on the heirs, assign, representatives and successors-in-title of the parties herein.







10. In this Agreement, unless there is something in the subject or context inconsistent with such construction or unless it is expressly provided:

(a) words importing the masculine gender include the feminine and neuter genders;

(b) words applicable to natural persons include any body of persons, firms or partnership, corporate or unincorporated; and

(c) words in the singular include the plural and vice-versa.



IT IS HEREBY EXPRESSLY AGREED BY THE PARTIES HERETO THAT THE “SPECIAL CONDITION” annexed hereinafter (if any) SHALL FORM PART OF THIS AGREEMENT and that should there be an inconsistent repugnant term or terms, the term or terms contained and inserted in the “SPECIAL CONDITION” herein referred shall prevail over the same contained elsewhere in the Agreement.



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FIRST SCHEDULE

(which is to be taken, read and construed as an essential and integral part of this Agreement)




Section

Description
Particulars


1.
The Date of this Agreement


2.
The Name, Address and Description of the Main Tenant


3.
The Name, Address and Description of the Sub-Tenant


4.
Description of the said Property


5.
Description of the Demised Premises



6.
Use of the Demised Premises

Internet Cafe






SECOND SCHEDULE

(which is to be taken, read and construed as an essential and integral part of this Agreement)



Section

Description
Particulars


1.
Term of the Tenancy



2.
The Date of Commencement of the Tenancy



3.
The Monthly Rent Payable



4.
Security Deposit


5.
Utilities Deposit





















SPECIAL CONDITIONS


1. It is mutually agreed between the Main Tenant and the Sub-Tenant should the Sub-Tenant occupy the said Property for a period of less than one year, the Sub-Tenant agrees to compensate the Main Tenant a sum of RM …. (1 month rental) which will be deducted from the Security Deposit.

After the initial one year period, the Sub-Tenant shall be at liberty at any time to terminate the tenancy by giving (60) days tow calender months prior notice in writing of his desire to terminate this Tenancy Agreement.

2. It is mutually agreed between the Main Tenant and the Sub-Tenant that the monthly rental is to be remitted by the Sub-Tenant into the Main Tenant’s Bank Account of which the particulars are as below: -


Bank :
Name :
Account No. :



The said Tenant is fully aware of these clauses and affirms compliance.





















IN WITHNESS WHEREOF the parties hereto have hereunto set their hands the day and year stated in Section I of the First Schedule hereto.



SIGNED by the abovenamed )
)
MAIN TENANT in )
)
the presence of : )

………………………………….









SIGNED by the abovenamed )
)
SUB-TENANT in )
)
the presence of: ) …………………………….



























































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THE LEGAL HISTORY OF SABAH - From Tenancy under the North Borneo Company to Sovereignity Under Malaysia

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THE LEGAL HISTORY OF SABAH -
- FROM TENANCY UNDER THE NORTH BORNEO COMPANY TO SOVEREIGNTY UNDER MALAYSIA


This Thursday 18th January, 2007, the Judiciary in Sabah with the cooperation of the Sabah Law Association will hold an opening of the Legal Year 2007 in Kota Kinabalu, in a tradition that dates back to about 100 years and revived at the beginning of the 21st century. Around 8 a.m. there will be a procession by all lawyers and judiciary in full High Court regalia along Jalan Pantai to the Court House led by the Chief Judge of the High Court in Sabah and Sarawak Yang Amat Arif Dato’ Richard Malanjum, S.P.S.K., S.I.M.P., S.P.D.K., P.G.D.K.

Last week we took a guided tour of locations in the legal history of Sabah. In the light of this event, it is appropriate for Lex Borneo to continue our tour by looking at extracts of actual legal documents showing in part the creation of North Borneo, as Sabah was then known.
Mr. Justice Dato James Foong records in his well known work THE MALAYSIAN JUDICIARY – 1786 TO 1993 how North Borneo began existence by a series of treaties which look more like tenancy or lease agreements in the following manner:- “By 1865, under various treaties with the Sultan of Brunei and the Sultan of Sulu, the British North Borneo Company obtained concessions to vast tracts of land which is now Sabah. By the terms of an agreement between the British North Borneo Company and the British Government in 1888, North Borneo became a British protected state.
As the British North Borneo Company was a private commercial enterprise, administrative development in this state was slow. Being profit-making company, it had to rule cheaply with the number of employees (both foreign and local) kept to the barest minimum.

For administrative purposes the state was divided into residencies which were further sub-divided into districts. Each residency was administered by an administrative officer who was also the judge of all the Sessions Court as well as the magistrate of the district. At the higher level, there was a Supreme Court. The Governor was the chief judicial officer of this court. The law applied then was the Indian Penal Code and the procedure adopted was the Indian Criminal Procedure with the Indian Evidence Act being used to lend assistance.
By 1905, due to a need for a legally qualified person to be appointed, the position of Judicial Commissioner was created. Unfortunately it was not until 1912 that one, Mr Cookson, was able to occupy this position. In 1929 the post of Judicial Commissioner was changed to that of Chief Justice.
After the Second World War, North Borneo became Crown Colony, and, in 1951, joined Sarawak and Brunei to form the Combined Judiciary of Sarawak, North Borneo and Brunei. This position lasted until 1963 when Sarawak and North Borneo (later known as Sabah) became part of Malaysia.”



The remaining part of this article is devoted to looking at extracts of these treaties. If you have a tenancy or sublease agreement take it out and make comparisions on the language and terminology that is used. Don’t be dettered by the fancy or ‘bunga’ language.You will see the following framework or skeleton by which the grant is made:-
(a) Identity of the parties;
(b) Demarcation of the territories granted;
(c) The consideration namely the rental;
(d) The length of the grant;
(e) The default provision if rental unpaid;
(f) The place and date of execution.
(This articles reproduces some of the grants in full text and others in extract form due to lack of space but the same arrangement above is used in all the grants)



THE 3 GRANTS MADE BY THE SULTAN OF BRUNEI

THE FIRST GRANT- COMPLETE DOCUMENT
GRANT by Sultan of Brunei of Territory comprising Gaya Bay and Sapangar Bay, &c. Dated 29th December, 1877.

(Translation)
I the Sultan Abdul Mumin Ebn Marhoum Maulana Abdul Wahab of Brunei do hereby grant to Gustavus Baron de Overbeck and Alfred Dent Esquire of London co-jointly their heirs associates successors or assigns all the territory and land belonging to me on the West Coast of Borneo comprising Gaya Bay from Gaya Head to Loutut Point including Sapangar Bay and Gaya Bay and Sapangar Island and Gaya Island and all other islands within the limits of the harbour and within three marine leagues of the coast likewise the province and territory of Papar adjoining the Province of Benoni and belonging to His Highness the Sultan as his private property.

In consideration of this great grant the said Baron de Overbeck and Alfred Dent promise to pay severally and co-jointly to the said Sultan Abdul Mumin his heirs or successors the sum of four thousand dollars per annum. The said territories are from this date declared vested in the said Baron de Overbeck and Alfred Dent their heirs associates successors or assigns for so long as they shall choose and desire to hold them. Provided however that His Highness the Sultan shall have the right to resume the control and government of the said territories if the above-mentioned annual compensation shall not have been paid for three successive years.

Done at Brunei this 29th day of December, A.D. 1877.


THE SECOND GRANT- EXTRACT
GRANT by Sultan of Brunei of Territories from the Sulaman River to the River Paitan. Dated 29th December, 1877.

(Translation)
I the Sultan Abdul Mumin Ebn Marhoum Maulana Abdul Wahab of Brunei do hereby grant to Gustavus Baron de Overbeck and Alfred Dent Esquire of London co-jointly their heirs associates successors or assigns all the territories belonging to me from the Sulaman River on the north-west coast of Borneo unto the River Paitan on the north-east coast of the island containing twenty-one states together with the island containing twenty-one states together with the island of Banguey and all the other islands within three marine leagues of the cost for their own exclusive uses and purposes.
In consideration of this grant the said Baron de Overbeck and Alfred Dent promise to pay severally and co-jointly to the said Sultan Abdul Mumin his heirs or successors the sum of six thousand dollars per annum…………………………

Done at the Palace at Brunei this 29th day of December, A.D. 1877.






THE THIRD GRANT- EXTRACT
GRANT by the Sultan of Brunei of Territories from Paitan to Sibuco River.
Dated 29th December, 1877.

(Translation)

I the Sultan Abdul Mumin Ebn Marhoum Maulana Abdul Wahab of Borneo do hereby grant to Gustavus Baron de Overbeck and Alfred Dent Esquire of London their heirs associates successors or assigns all the following territories belonging to the Kingdom of Brunei and comprising the states of Paitan, Sugut, Bangaya, Labuk, Sandakan, Kinabatangan, Mumiang, and all the territories as far as the Sibuco River with all the islands within three leagues of the coast belonging thereto for their own exclusive and absolute uses and purposes.

In consideration of this grant the said Baron de Overbeck and Alfred Dent Esquire promise to pay co-jointly and severally and co-jointly to the said Sultan Abdul Mumin their heirs or successors the sum of six thousand dollars per annum.
…….. Done at the Palace at Brunei this 29th day of December, A.D. 1877.


THE GRANT OF THE SULTAN OF SULU DATED 22ND JANUARY 1878

(Translation)

GRANT by Sultan of Sulu of Territories and Lands on the Mainland of the Island of Borneo. Dated 22nd January, 1878.

WE Sri Paduka Maulana Al Sultan Mohamet Jamal Al Alam Bin Sri Paduka Al Mahrom Al Sultan Mohamet Fathlon Sultan of Sulu and the dependencies thereof on behalf of ourselves our heirs and successors and with the consent and advice of the Datoos in council assembled hereby grant and cede of our own free and sovereign will to Gustavus Baron de Overbeck of Hong Kong and Alfred Dent Esquire of London as representatives of a British Company co-jointly their heirs associates successors and assigns for ever and in perpetuity all rights and powers belonging to us over all the territories and lands being tritutary to us on the mainland of the island of Borneo commencing from the Pandassan River on the north-west coast and extending along the whole east coast as far as the Sibuco River in the south comprising amongst others the States of Paitan, Sugut, Bangaya, Labuk, Sandakan, Kina Batangan, Mumiang, and all other territories and states to the southward thereof bordering on Darvel Bay and as far as the Sibuco River with all the islands within three marine leagues of the coast.

In consideration of this grant the said Baron de Overbeck and Alfred Dent promise to pay as compensation to His Highness the Sultan Sri Paduka Maulana Al Sultan Mohamet Jamal Al Alam his heirs or successors the sum of five thousand dollars per annum.

The said territories are hereby declared vested in the said Baron de Overbeck and Alfred Dent Esquire co-jointly their heirs associates successors or assigns for as long as they choose or desire to hold them. Provided however that the rights and privileges conferred by this grant shall never have transferred to any other nation or company of foreign nationality without the sanction of Her Britannic Majesty’s Government first being obtained.

In case any dispute shall arise between His Highness the Sultan his heirs or successors and the said Gustavus Baron de Overbeck or his Company, it is hereby agreed that the matter shall be submitted to Her Britannic Majesty’s Consul-General for Borneo.

The said Gustavus Baron de Overbeck on behalf of himself and his Company further promises to assist His Highness the Sultan his heirs or successors with his best counsel and advice whenever His Highness may stand in need of the same.


Written in Lipuk in Sulu at the Palace of His Highness Mohamet Jamal Alam on the 19th Moharam A.H. 1295, answering to the 22nd January, A.D. 1878.





THE APPOINTMENT OF THE MAHARAJAH OF SABAH
DATED 29TH DECEMBER, 1877

COMMISSION from Sultan of Borneo appointing Gustavus Baron de Overbeck Maharajah of Sabah (North Borneo) and Rajah of Gaya and Sandakan. Dated 29th December, 1877.
TO ALL nations on the face of the earth whom these matters may concern We Abdul Mumin Ebn Marhoum Maulana Abdul Wahab Sultan of Borneo send greeting.

WHEREAS we have seen fit to grant unto our trusty and well-beloved friends Gustavus Baron de Overbeck and Alfred Dent Esquire certain portions of the Dominions owned by us comprising the entire northern portion of an Island of Borneo from the Sulaman River on the west coast to Maludu Bay and to the River Paitan and thence the entire eastern coast as far as the Sibuco River comprising the States of Paitan, Sugut, Bangayan, Labuk, Sandakan. Kina Batangan, and Mumiang, and other lands as far as Sibuco River furthermore the provinces of Kimanis and Benoni, the province of Pappar, and the territory of Gaya Bay and Sapangar Bay with all land and Islands belonging thereto and likewise the island of Banguey for certain considerations between us agreed.

AND WHEREAS the said Gustavus Baron de Overbeck is the chief and only authorized representative of his Company in Borneo.

NOW THEREFORE KNOW ye that we Sultan Abdul Mumin Ebn Marhoun Maulana Abdul Wahab have nominated and appointed and hereby do nominate and appoint the said Gustavus Baron de Overbeck Supreme Ruler of the above-named territories with the title of Maharajah of Sabah (North Borneo) and Raja of Gaya and Sandakan with power of life and death over the inhabitants with all the absolute rights of property vested in us over the soil of the Country and the right to dispose of the same as well as the rights over the productions of the country whether mineral vegetable or animal with the rights of making laws coining money creating an army and navy levying customs rates on home and foreign trade and shipping and other dues and taxes on the inhabitants as to him may seem good or expedient together with all other powers and rights usually exercised by and belonging to sovereign rulers and which we hereby delegate to him of our own free will.

And we call upon all foreign nations with whom we have formed friendly treaties and alliances to acknowledge the said Maharajah as ourself in the said territories and to respect his authority therein and in case of the death or retirement from office of the said Maharajah then his duly appointed successor in the office of supreme ruler and Governer-in-chief of the Company’s territories in Borneo shall likewise succeed to the office and title of Maharajah of Sabah and Rajah of Gaya and Sandakan and all the powers above enumerated be vested in him.

Done at the Palace at Brunei the 29th December, A.D. 1877.







EXTRACTS FROM THE CHARTER OF THE
BRITISH NORTH BORNEO COMPANY,1881
GRANTED BY QUEEN VICTORIA


CHARTER granted to the British North Borneo Company, Westminster, November 1st, 1881.

VICTORIA, by the grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith:

TO ALL to whom these presents shall come, greeting.

WHEREAS an humble Petition has been presented to us in Our Council by Alfred Dent, of 11, Old Broad Street, in the City of London, merchant; the British North Borneo Provisional Association Limited; Sir Rutherford Alcock,of 14, Greet Queen Street, in the City of Westminster, Knight Commander of our Most Honorable Order of Bath; Richard Biddulph Martin, of 68, Lombard Street, in the City of London, banker, a Member of the Commons House of Parliament; Richard Charles Mayne, Companion of Our Most Honorable Order of the Bath, a Rear-Admiral in Our Navy; and William Henry Macleod Read, of 25, Durham Terrace, in the County of Middlesex, merchant:

...........................................................

NOW THEREFORE WE, having taken the said petition into Our Royal consideration in Our Council, and being satisfied that the intentions of the Petitioners are praiseworthy and deserve encouragement, and that the enterprise in the Petition described may be productive of much benefit to Our dominions and to many of Our subjects, by Our Prerogative Royal and of Our especial grace, certain knowledge and mere motion, have constituted erected and incorporate into one body politic and corporate, by the name of the British North Borneo Company, the said Alfred Dent, Sir Rutherford Alcock, Richard Biddulph Martin, Richard Charles Mayne, and William Henry Macleod Read, and such other persons and such bodies as from time to time become and are members of that party, with perpetual succession, and a common seal, with power to alter or renew the same at discretion, and with the further authorities, powers, and privileges conferred, and subject to the conditions imposed by this Our Charter; and We do hereby accordingly will, ordain, and declare as follows (that is to say);




BRITISH CHARACTER OF COMPANY

The Company shall always be and remain British in character and domicile, and shall have its principle office in England; and all the members of its Court of Directors or other governing body and its principal representative in Borneo shall always be natural-born British subjects or persons who have naturalized as British subjects by or under an Act of the Parliament of Our United Kingdom.

RESTRICTION ON TRANSFER BY COMPANY

The Company shall not have power to transfer, wholly or in part, the benefit of the grants and commissions aforesaid, or any of them, except with the consent of one of our Principal Secretaries of State (in this our Charter referred to as our Secretary of State)


DIFFERENCES WITH SULTANS

In case at any time any difference arises between the Sultan of Brunei or the Sultan of Sooloo and the Company, that difference shall on the part of the Company be submitted to the decision of Our Secretary of State,if he is willing to undertake the decision thereof.



SLAVERY

The Company shall to the best of its power discourage and, as far as may be practicable, abolish by degrees any system of domestic servitude existing among the tribes of the coast or interior of Borneo; and no foreigner, whether European, Chinese, or other , shall be allowed to own slaves of any kind in the Company’s territories.

RELIGIONS OF INHABITANTS

The Company as such, or its officers as such, shall not in any way interfere with the religion of any class or tribe of the people of Borneo, or of any of the inhabitants thereof.








ADMINISTRATION OF JUSTICE TO INHABITANTS

In the administration of justice by the Company to the people of Borneo, or to any of the inhabitants thereof, careful regard shall always be had to the customs and laws of the class or tribe or nation to which the parties respectively belong, especially with respect to the holding possession transfer and disposition of lands and goods, and testate or intestate succession thereto, and marriage, divorce, and legitimacy, and other rights of property and personal rights.



FACILITIES FOR BRITISH NATIONAL SHIPS

The Company shall freely afford all facilities requisite for Our Ships in the harbors of the Company.



APPOINMENT OF COMPANY’S PRINCIPAL REPRESENTATIVE

The appointment by the Company of the Company’s principal representative in Borneo shall always be subject to the approval of Our Secretary of State.



FLAG

The Company may hoist and use on its buildings and elsewhere in Borneo and on its vessels such distinctive flag indicating the British Character of the Company as Our Secretary of State and the Lords Commissioners of the Admiralty from time to time approve.

GENERAL POWERS OF COMPANY
………………………..(15 powers were set out in the Charter such as power to acquire land, collect revenue, promote immigration, sell liquor etc.)

IN WITNESS WHEREOF WE HAVE caused these letters to be made patent.

WITNESS OURSELVES at Our Palace at Westminster, this 1st day of November, in the 45th year of Our Reign.
By Her majesty’s command,
CARDEW

34 CONVICTIONS - OF DANGEROUS DRIVERS & TRAFFIC OFFENDERS

(to return to lexborneo.com click here)

NEW ZEALAND – 27TH JUNE 2007
‘Worst’ driving offender told to get licence -
He has been called one of New Zealand’s worst disqualified drivers, with more than 30
convictions - but Alan Alexander Hogg could still be coming to an intersection near you.
Hogg, a panelbeater, has escaped a jail term despite notching up his 31st, 32nd, 33rd and 34th convictions for driving while disqualified, along with three for possession of drug utensils and one for possession of methamphetamine.
Three of the latest driving charges were committed while Hogg, 34, was on bail between November 2005 and January this year.
However, Wellington District Court judge Bruce Davidson - who has called Hogg one of the worst driving offenders in New Zealand - wants him to get his driver’s licence.
Yesterday, Judge Davidson outlined Hogg’s previous convictions - 30 for driving while disqualified, 13 for drunk-driving, as well as dangerous driving and drugs.
Hogg had not held a licence for most of the past 18 years.
Judge Davidson said the two critical issues he had to decide were whether Hogg should go to prison and whether he should again be disqualified.
The offences took place 18 months ago and since then Hogg had gained a learner’s licence.
He is eligible to seek his restricted licence in another two months.
Judge Davidson said it was a classic case of giving Hogg the chance to get out of the cycle of offending.
He had every reason to believe that once Hogg had a full licence he could live, work and prosper without offending.
“In the long term, surely the courts must be in the business of avoiding offending,” he said.
In the past 18 months Hogg had completed a driver improvement course - scoring 92 per cent - and started paying off his fines, which Judge Davidson said was a significant step toward reforming.
Hogg was also working and was well regarded by his employer.
Judge Davidson ordered Hogg to do 200 hours of community work.
He did not impose any disqualification but confiscated the Toyota car he was caught in at least twice.
He told Hogg he hoped he recognised the sentence was designed to help him avoid getting into more trouble.


lexborneo.com - Do you agree with the decision of the judge? Was he too lenient on Hogg and over protective of him at the expense of the public who need protection of the Court from ‘tidak apa” attitudes of such dangerous drivers? At times there is a prevalent attitude amongst Asians that the grass is always greener in other pastures but decisions such as this reveal that this is not always the case. Sometimes we have a tendency to be over critical and unreasonably cynical of ourselves and our ‘ local’institutions and paying far too much respect to others. What is your opinion? Let us know what you think by dropping a line to lexborneo@yahoo.com.
What about traffic violations in Malaysia. These are covered under sections 39 to 55 of the Road Transport Act 1987:-

Driving and Offences in Connection Therewith
39. Restriction on driving by young persons
(1) No person under sixteen years of age shall drive a motor vehicle on a road.
(2) No person under seventeen years of age shall drive a motor vehicle other than a motor cycle or an invalid carriage on a road.
(3) No person under twenty-one years of age shall drive a tractor heavy, tractor light, mobile machinery heavy, mobile machinery light, motor car heavy or public service vehicle on a road:
Provided that where a tractor is used solely as a prime mover for machinery or implements used in the cultivation of land, a person over eighteen years of age, who is licensed to drive motor cars, may drive such tractor on a road for the purpose of moving it from one cultivation area to another.
(4) A person prohibited by this section by reason of his age from driving a motor vehicle or a motor vehicle of any class shall for the purposes of this Part be disqualified from holding or obtaining any driving licence other than a licence to drive such motor vehicle, if any, as he is not by this section forbidden to drive.
(5) Any person who drives, or causes or permits any person to drive, a motor vehicle in contravention of this section shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.
40. Exceeding speed limit
(1) If any person drives a motor vehicle at a speed exceeding any speed limit imposed for such motor vehicle under the powers conferred by this Act he shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit.
(2) The court shall, unless for any special reasons it thinks fit to order otherwise, order particulars of any finding of guilt under this section to be endorsed on any driving licence held by the person convicted.
(3) A first or second conviction for an offence under this section shall not render the offender liable to be disqualified from holding or obtaining a driving licence for a longer period than in the first conviction, one month or, in the case of a second conviction, six months.
41. Causing death by reckless or dangerous driving
(1) Any person who, by the driving of a motor vehicle on a road recklessly or at a speed or in a manner which having regard to all the circumstances (including the nature, condition and size of the road, and the amount of traffic which is or might be expected to be on the road) is dangerous to the public, causes the death of any person shall be guilty of an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.
(2) The court shall order particulars of any conviction under this section to be endorsed on any driving licence held by the person convicted.
(3) A person convicted under this section shall, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, be disqualified for a period of not less than twelve months from the date of the conviction from holding or obtaining a driving licence.
(3A) Notwithstanding subsection (1), where a person who is a holder of a probationary driving licence is convicted under this section, the court shall thereupon revoke his driving licence.
(4) The court may upon the trial of a person for an offence under this section convict such person of an offence under section 42 or section 43.
42. Reckless and dangerous driving
(1) Any person who drives a motor vehicle on a road recklessly or at a speed or in a manner which having regard to all the circumstances (including the nature, condition and size of the road and the amount of traffic which is or might be expected to be on the road) is dangerous to the public shall be guilty of an offence and shall on conviction be punished with imprisonment for a term not exceeding five years and to a fine of not less than five thousand ringgit and not more than fifteen thousand ringgit and, in the case of a second or subsequent conviction, to imprisonment for a term not exceeding ten years and to a fine of not less than ten thousand ringgit and not more than twenty thousand ringgit.
(2) The court shall order particulars of any conviction under this section to be endorsed on any driving licence held by the person convicted.
(3) A person convicted under this section shall be disqualified from holding or obtaining a driving licence for a period of not less than two years from the date of the conviction and, in the case of a second or subsequent conviction, be disqualified for a period of ten years from the date of the conviction.
(4) Notwithstanding subsection (1), where a person who is a holder of a probationary driving licence is convicted under this section, the court shall thereupon revoke his driving licence.
43. Careless and inconsiderate driving
(1) A person who drives a motor vehicle on a road without due care and attention or without reasonable consideration for other persons using the road shall be guilty of an offence and shall on conviction be punished with a fine of not less than four thousand ringgit and not more than ten thousand ringgit and shall also be liable to imprisonment for a term not exceeding twelve months.
(2) The court shall, (unless for any special reason it thinks fit to order otherwise), order particulars of any conviction under this section to be endorsed on any driving licence held by the person convicted.
(3) A person convicted under this section shall be disqualified from holding or obtaining a driving license for a period of not less than three years from the date of the conviction and, in the case of a second or subsequent conviction, be disqualified for a period of ten years from the date of the conviction;
(4) Notwithstanding subsection (1), where a person who is a holder of a probationary driving licence is convicted under this section, the court shall thereupon revoke his driving licence.
(5) Notwithstandiing anything in any written law for the time being in force, the court before which a person is charged with an offence under this section shall order the immediate confiscation of the driving licence of that person and shall order the suspension of the licence commencing from the date the charge is first read to that person and such suspension shall have effect-
(a) until the court makes a final decision on the charge; and
(b) as if the suspension is the suspension referred to in section 32.
44. Driving while under the influence of intoxicating liquor or drugs
(1) Any person who, when driving a motor vehicle on a road or other public place-
(a) is under the influence of intoxicating liquor or drug, to such an extent as to be incapable of having proper control of the vehicle; or
(b) has so much alcohol in his body that the proportion of it in his breath, blood or urine exceeds the prescribed limit,
and causes the death of or injury to any person shall be guilty of an offence and shall, on conviction, be punished with imprisonment for a term of not less than three years and not more than ten years and to a fine of not less than eight thousand ringgit and not more than twenty thousand ringgit;
(2) The court shall order particulars of any conviction under this section to be endorsed on any driving licence held by the person convicted.
(3) A person convicted under this section shall be disqualified from holding or obtaining a driving licence for a period of not less than five years from the date of conviction and, in the case of a second or subsequent conviction, be disqualified for a period of ten years from the date of the conviction;
(4) Notwithstanding subsection (1), where a person who is a holder of a probationary driving licence is convicted under this section, the court shall thereupon revoke his driving licence.
(5) Notwithstanding anything in any written law for the time being in force, the court before which a person is charged with an offence under this section shall order the immediate confiscation of the driving licence of that person and shall order the suspension of the licence commencing from the date the charge is first read to that person and such suspension shall have effect-
(a) until the court makes a final decision on the charge; and
(b) as if the suspension is the suspension referred to in section 32.
45. Being in charge of motor vehicle when under the influence of intoxicating liquor or drugs
(1) Any person who when in charge of a motor vehicle which is on a road or other public place, but not driving the vehicle, is unfit to drive in that he is under the influence of intoxicating liquor or of a drug to such an extent as to be incapable of having proper control of a motor vehicle, shall be guilty of an offence and shall on conviction be punished with a fine not exceeding one thousand ringgit and shall also be liable to imprisonment for a term not exceeding three months and, in the case of a second or subsequent conviction, a fine of not less than two thousand ringgit and not more than six thousand ringgit and shall also be liable to imprisonment for a term not exceeding twelve months:
Provided that a person shall be deemed for the purpose of this section not to have been in charge of a motor vehicle if he proves -
(a) that at the material time the circumstances were such that there was no likelihood of his driving the vehicle so long as he remained so unfit to drive; and
(b) that between his becoming so unfit to drive and the material time he had not driven the vehicle on a road or other public place.
(2) On a second or subsequent conviction of an offence under this section, the offender shall, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, be disqualified for a period of twelve months from the date of conviction from holding or obtaining a driving licence.
(3) Where a person convicted of an offence under this section has been previously convicted of an offence under section 44, he shall be treated for the purpose of this section as having been previously convicted under this section.
(4) Notwithstanding subsection (1), where a person who is a holder of a probationary driving licence is convicted under this section, the court shall thereupon revoke his driving licence.
45A. Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit
(1) Any person who, when driving or attempting to drive a motor vehicle or when in charge of a motor vehicle on a road or other public place, has so much alcohol in his body that the proportion of it in his breath, blood or urine exceeds the prescribed limit, shall be guilty of an offence and shall on conviction be punished with a fine of not less than one thousand ringgit and not more than six thousand ringgit and shall also be liable to imprisonment for a term not exceeding twelve months and, in the case of a second or subsequent conviction, a fine of not less than two thousand ringgit and not more than ten thousand ringgit and shall also be liable to imprisonment for a term not exceeding two years.
(2) It is a defence for a person charged with an offence under subsection (1) to prove that at the material time the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.
(3) On a second or subsequent conviction of an offence under this section, the offender shall, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, be disqualified for a period of not less than twelve months from the date of conviction from holding or obtaining a driving licence.
(4) Notwithstanding subsection (1), where a person who is a holder of a probationary driving licence is convicted under this section, the court shall thereupon revoke his driving licence.
45B. Breath test
(1) Where a police officer in uniform has reasonable cause to suspect -
(a) that a person has committed an offence under section 44 or 45 involving intoxicating liquor or under section 45A; or
(b) that a person was the driver of or attempted to drive or was in charge of a motor vehicle in an accident involving one or more vehicles on a road or other public place,
he may, subject to section 45D, require that person to provide a specimen of breath for a breath test.
(2) A person may be required under subsection (1) to provide a specimen either at or near the place where the requirement is made or, if the requirement is made under paragraph (b) of subsection (1) and the police officer making the requirement thinks fit, at a police station specified by the police officer.
(3) A breath test required under subsection (1) shall be conducted by the police officer making the requirement or any other police officer.
(4) A person who, without reasonable excuse, fails to provide a specimen of breath when required to do so in pursuance of this section shall be guilty of an offence and shall on conviction be punished with a fine of not less than one thousand ringgit and not more than six thousand ringgit and shall also be liable to imprisonment for a term not exceeding twelve months and, in the case of a second or subsequent conviction, a fine of not less than two thousand ringgit and not more than ten thousand ringgit and shall also be liable to imprisonment for a term not exceeding two years.
(4A) On a second or subsequent conviction of an offence under this section, the offender shall, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, be disqualified for a period of not less than twelve months from the date of conviction from holding or obtaining a driving licence.
(4B) Notwithstanding subsections (4) and (4A), where a person who is a holder of a probationary driving licence is convicted under this section, the court shall thereupon revoke his driving licence.
(5) A police officer in uniform may arrest a person without warrant if -
(a) as a result of a breath test he has reasonable cause to suspect that the proportion of alcohol in that person's breath, blood or urine exceeds the prescribed limit; or
(b) that person has failed to provide a specimen of breath for a breath test when required to do so in pursuance of this section and the police officer has reasonable cause to suspect that he has alcohol in his body,
but a person shall not be arrested by virtue of this subsection when he is at a hospital as a patient.
45C. Provision of specimen for analysis
(1) In the course of an investigation whether a person has committed an offence under section 44 or 45 involving intoxicating liquor or under section 45A a police officer may, subject to the provisions of this section and to section 45D, require him -
(a) to provide two specimens of breath for analysis by means of a prescribed breathanalyser; or
(b) to provide a specimen of blood or urine for a laboratory test,
notwithstanding that he has been required to provide a specimen of breath for a breath test under subsection (1) of section 45B.
(2) A requirement under this section to provide a specimen of breath can only be made at a police station.
(3) A breath test under this section shall only be conducted by a police officer not below the rank of sergeant or by an officer in charge of a police station and shall only be conducted at a police station.
(4) A requirement under this section to provide a specimen of blood or urine can only be made at a police station or at a hospital, but it cannot be made at a police station unless -
(a) the police officer making the requirement has reasonable cause to believe that for medical reasons a specimen of breath cannot be provided or should not be required;
(b) at the time the requirement is made, the prescribed breathanalyser is not available at the police station or it is for any other reason not practicable to use the breathanalyser,
and may be made notwithstanding that the person required to provide the specimen has already provided or been required to provide two specimens of breath.
(5) Where a specimen other than a specimen of breath is required, the police officer making the requirement shall, subject to medical advice, decide whether it is to be a specimen of blood or urine.
(6) A person who, without reasonable excuse, fails to provide a specimen when required to do so in pursuance of this section shall be guilty of an offence and shall on conviction be punished with a fine of not less than one thousand ringgit and not more than six thousand ringgit and shall also be liable to imprisonment for a term not exceeding twelve months and, in the case of a second or subsequent conviction, a fine of not less than two thousand ringgit and not more than ten thousand ringgit and shall also be liable to imprisonment for a term not exceeding two years.
(6A) On a second or subsequent conviction of an offence under this section, the offender shall, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, be disqualified for a period of not less than twelve months from the date of conviction from holding or obtaining a driving licence.
(6B) Notwithstanding subsections (6) and (6A), where a person who is a holder of a probationary driving licence is convicted under this section, the court shall thereupon revoke his driving licence.
45D. Protection of hospital patient
(1) A person who is at a hospital as a patient shall not be required to provide a specimen for a breath test or to provide a specimen of blood or urine for a laboratory test unless the registered medical practitioner in immediate charge of his case authorises it and the specimen is to be provided at the hospital.
(2) The registered medical practitioner referred to in subsection (1) shall not authorise a specimen to be taken where it would be prejudicial to the proper care and treatment of the patient.
45E. Detention
(1) A person required to provide a specimen of breath, blood or urine may thereafter be detained at a police station until it appears to a police officer that were that person then driving or attempting to drive a motor vehicle on a road, he would not be committing an offence under section 44 or 45 involving intoxicating liquor or under section 45A, but such period of detention shall not exceed twenty-four hours.
(2) A person shall not be detained in pursuance of this section if it appears to a police officer that by reason of his condition there is no likelihood of his driving or attempting to drive a motor vehicle.
45F. Evidence in proceedings for an offence under sections 44 and 45 involving intoxicating liquor and section 45A
(1) In proceedings for an offence under section 44 or 45 involving intoxicating liquor or in proceedings for an offence under section 45A, evidence of the proportion of alcohol in a specimen of breath, blood or urine provided by the accused shall be taken into account and it shall be assumed that the proportion of alcohol in the accused's breath, blood or urine at the time of the alleged offence was not less than in the speciment; but the assumption shall not be made if the accused proves -
(a) that he consumed alcohol after he had ceased to drive, attempt to drive or be in charge of a motor vehicle on a road or other public place and before he provided the specimen; and
(b) that had he not done so the proportion of alcohol in his breath, blood or urine would not have exceeded the prescribed limit and, if the proceedings are for an offence under section 44 or 45 involving intoxicating liquor, would not have been such as to make him incapable of having proper control of the vehicle.
(2) Evidence of the proportion of alcohol in a specimen of breath, blood or urine may, subject to subsections (4) and (5), be given by the production of a document or documents purporting to be either -
(a) a statement automatically produced by a prescribed breathanalyser and a certificate signed by a police officer (which may but need not be contained in the same document as the statement) that the statement relates to a specimen provided by the accused at the date and time shown in the statement; or
(b) a certificate signed by a government medical practitioner or government chemist as to the proportion of alcohol found in a specimen of blood or urine identified in the certificate.
(3) A specimen of blood shall be disregarded unless it was taken from the accused by a government medical officer; and evidence that a specimen of blood was taken may be given by the production of a document purporting to certify that fact and signed by a government medical officer.
(4) A document purporting to be such a statement or such a certificate, or both, as is mentioned in subsection (2) is admissible in evidence on behalf of the prosecution of this section only if a copy of it either has been handed to the accused when the document was produced or has been served on him not later than seven days before the hearing, and other document is so admissible only if a copy of it has been served on the accused not later than seven days before the hearing; but a document purporting to be a certificate (or so much of a document as purports to be a certificate) is not so admissible if the accused, not later than three days before the hearing or within such further time as the court may in special circumstances allow, has served notice on the prosecution requiring the attendance at the hearing of the person by whom the document purports to be signed.
(5) Where, at the time a specimen of blood or urine was provided by the accused, he asked to be supplied with such a specimen, evidence of the proportion of alcohol in the specimen is not admissible on behalf of the prosecution unless -
(a) the specimen in which the alcohol was found is one of two parts into which the specimen provided by the accused was divided at the time it was provided; and
(b) the other part was supplied to the accused.
(6) A copy of a certificate required by this section to be served on the accused or a notice required by this section to be served on the prosecution may be served personally or sent by registered post.
45G. Interpretation of sections 44 and 45B to 45F
(1) For the purposes of sections 44 and 45B to 45F -
"breath test" includes a preliminary test for the purpose of obtaining, by means of a prescribed breathanalyser, an indication whether the proportion of alcohol in a person's breath, blood or urine equals or exceeds the prescribed limit;
"fail" includes refuse;
"police station" includes any place or conveyance authorized or appointed by the Inspector General of Police to be used as a police station;
"prescribed limit" means -
(a) 35 microgrammes of alcohol in 100 millilitres of breath;
(b) 80 milligrammes of alcohol in 100 millilitres of blood; or
(c) 107 milligrammes of alcohol in 100 millilitres of urine.
(2) A person does not provide a specimen of breath for a breath test or for analysis unless the specimen is sufficient to enable the test or the analysis to be carried out and provided in such a way as to enable the objective of the test or analysis to be satisfactorily achieved.
(3) (Deleted).
46. Driving when suffering from disease or disability
If any person drives a motor vehicle when he is to his knowledge suffering from any disease or disability calculated to cause his driving of such motor vehicle to be a source of danger to the public, he shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both.
47. Riding on running boards and obstruction of driver
If any person driving or in charge of a motor vehicle causes or permits any person to be carried on the running board, or otherwise than within the body of the vehicle, or causes or permits any person to stand or to sit, or anything to be placed or to be carried, in a motor vehicle in such a manner or in such a position as to hamper the driver in his control of the vehicle, or as to cause danger to other persons using the road, he shall be guilty of an offence.
48. Obstruction by vehicle on road
If any driver of a motor vehicle causes or permits such motor vehicle to remain at rest on any road in such a position or in such a condition or in such circumstances as to be likely to cause danger, obstruction or undue inconvenience to other users of the road or to traffic, he shall be guilty of an offence.
49. Pillion riding
(1) It shall not be lawful for more than one person in addition to the driver to be carried on any two wheeled motor cycle nor shall it be lawful for any such one person to be so carried otherwise than sitting astride the motor cycle behind the driver on a properly designed seat securely fixed to the motor cycle.
(2) If any person uses a motor cycle in contravention of this section, he and any person so carried on the motor cycle shall be guilty of an offence.
50. Unlawful interference and importuning
(1) If any person, otherwise than with lawful authority or reasonable cause, takes or retains hold of, or gets into a motor vehicle while it is in motion on any road, for the purpose of being drawn or carried, he shall be guilty of an offence.
(2) If, while a motor vehicle is on a road or in a parking place, any person otherwise than with lawful authority or reasonable cause gets onto or moves the motor vehicle, or releases or tampers with any brake or other part of its mechanism, he shall be guilty of an offence.
(3) If any person, otherwise than with lawful authority, remains on any road or at any parking place for the purpose of importuning any other person in respect of the watching or cleaning of a motor vehicle, or for the purpose of directing any of a motor vehicle in respect of parking on such road or at such place, he shall be guilty of an offence.
51. Taking motor vehicle without consent of registered owner
(1) Any person who takes and drives away any motor vehicle without having either the consent of the owner thereof or other lawful authority shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both:
Provided that no person shall be convicted under this section if he satisfies the court either that he acted in the reasonable belief that he had lawful authority or that the owner would in the circumstances of the case have given his consent if he had been asked therefor.
(2) If, on the trial of any person for the theft of a motor vehicle, the court is of the opinion that the accused was not guilty of such offence but was guilty of an offence under this section, the court may convict the accused under this section.
52. Duty to stop in case of accidents
(1) If in any case, owing to the presence of a motor vehicle on a road, an accident occurs, the driver of the motor vehicle shall stop and, if required so to do by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the registration number of the motor vehicle.
(2) In the case of any such accident as aforesaid the driver of such motor vehicle and, if there is more than one motor vehicle, the driver of each such motor vehicle, shall report the accident at the nearest police station as soon as reasonably practicable and in any case within twenty-four hours of such occurrence, and shall produce to the officer in charge of such police station his driving licence and if so required, the certificate of insurance issued under section 90 of this Act.
(3) In the case of any such accident as aforesaid the driver of any such motor vehicle shall render such assistance as may be reasonably required by any police officer or traffic warden or, in the absence of any police officer or traffic warden, such assistance as it may reasonably be in the power of such driver to render.
(4) Where a police officer or traffic warden has reasonable cause to believe that any person -
(a) was the driver of a motor vehicle at a time when an accident occurred owing to the presence of such motor vehicle on a road;
(b) has committed an offence in relation to the use of a motor vehicle on a road; or
(c) was accompanying the holder of a learner's driving licence granted under this Act whilst such holder was driving a motor vehicle and that an accident occurred whereby damage or injury was caused to any person, property or animal owing to the presence of such motor vehicle on a road,
such police officer or traffic warden may require such person to produce for examination his driving licence and the certificate of insurance relating to the user of such vehicle at such time.
(5) If any person fails to comply with this section he shall be guilty of an offence:
Provided that a person shall not be convicted of an offence against subsection (2) or (4) by reason only of the failure to produce his driving licence or certificate of insurance if within five days after the accident or the requirement under subsection (4), he produces such licence or certificate in person at such police office or police station in Malaysia as may be specified by him at the time the accident was reported or the requirement under subsection (4) was made.
53. Power to order appearance in court
(1) Where a police officer, a traffic warden or a road transport officer has reasonable grounds for believing that any person committed an offence against this Act, he may, in lieu of applying to the court for a summons, forthwith serve upon that person a notice in the prescribed form ordering that person to appear before the nearest court of a Magistrate having jurisdiction to try the offence, at a time and date to be stated in such notice.
(2) If any person who is served with a notice as provided by subsection (1) fails to appear in person or by counsel, then, unless it appears that it was not reasonably possible for that person so to appear, the court may, if satisfied that the notice was served, issue a warrant for the arrest of that person unless in the case of a compoundable offence, that person has within the period specified in the notice, been permitted to compound the offence.
54. Application to pedal cyclists of provisions relating to certain driving offences
(1) Subsection (1) of section 42, subsection (1) of section 43, subsection (1) of section 44, subsection (1) of section 45A, subsection (4) of section 45B, subsection (5) of section 45B and subsection (6) of section 45C with the omission of the reference to attempting to drive shall, subject to this section, apply to persons riding bicycles and tricycles not being motor vehicles, as they apply to drivers of motor vehicles, and references in those provisions to motor vehicles, drivers and driving shall be construed accordingly.
(2) The maximum penalties which may be imposed on a conviction by virtue of this section shall be as follows:
(a) in the case of a conviction under section 42, 44, 45A, 45B or 45C, a fine of three hundred ringgit or, if the conviction is a second or subsequent conviction, a fine of one thousand ringgit or imprisonment for a term of three months;
(b) in the case of a conviction under section 43, a fine of three hundred ringgit or, if the conviction is a second or subsequent conviction, a fine of one thousand ringgit.
(3) In determining whether a conviction under section 42, 43, or 44 or 45A is a second or subsequent conviction -
(a) where it is a conviction in connection with the driving of a motor vehicle, any previous conviction by virtue of this section shall be disregarded;
(b) where it is a conviction by virtue of this section, any previous conviction in connection with the driving of a motor vehicle shall be disregarded.
55. Duty to stop vehicles on demand
Any person driving a motor vehicle on a road shall stop the motor vehicle on being so required by a police officer in uniform, a traffic warden in uniform or a road transport officer in uniform, and if he fails so to do he shall be guilty of an offence.

THE TAWAU MUNICIPAL COUNCIL

(TO RETURN TO lexborneo.com CLICK HERE)

REVIVAL IN TAWAU AND
THE TAWAU MUNICIPAL COUNCIL

In the DAILY EXPRESS NEWS today,
Thursday 28th June 2007
_______________________________________

Notorious Tawau area to make way for RM1.5bil project
Kota Kinabalu: An ambitious project with a price tag of RM1.5 billion to develop Kampung Titingan into Bandar Baru Titingan will see the notorious Tawau hotbed for social ills transformed into one of Sabah's tourism destinations.
Industrial Development Minister Datuk Ewon Ebin said the problems at the squatter area have reached critical level that is not only burdening the locals staying there but has had an impact on security aspects.
Among the problems, he said, were health-related issues, drugs, crime, smuggling activities and illegal immigrants.
"The area has become a major cause for worry among leaders in the locality and also at State level because of its influence and negative impact on the entire Tawau population," he said, after witnessing a Memorandum of Understanding (MoU) signing between Sedco and Akar Budi Tuah Sdn Bhd, here, Wednesday.
He said the Government had attempted to resolve the perennial problems there numerous times in the past but to no avail due to the problems' complexity.
However, with the signing of the MoU, he said they hope to settle the problems once and for all through an integrated and holistic development project.
The Bandar Baru Titingan would be built on a 326-acre site where the present Kampung Titingan is located.
Ewon said the project would not only focus on commercial needs but other aspects such as administration, education, research and socio-economy.
"In fact, the project would also provide comfortable areas for recreational activities for the residents, Tawau community and tourists," he said.
He said the construction of the Bandar Baru Titingan would include:
- Tawau administration centre
- Integrated biotechnology and medical centre
- Hadhari and Islamic studies centre
- Trade and commercial centre
- Housing
- Luxury condominiums (second housing programme)
- Sports academy and recreation centre
- Five star hotel and budget hotel
- Marina and water resort
- Seafront food centre and cultural village
Akar Budi Tuah Sdn Bhd mooted the proposal and subsequently started efforts to develop Kampung Titingan in 2005.
Ewon said the State Government fully supports the implementation of the project based on several factors.
"Firstly, the project has the potential to resolve the critical issues the Government is facing at the village, particularly to do with health arising from river pollution, haphazard drainage, fire outbreak threat, social ills like drugs, smuggling, illegal immigrants and gangsterism," he said.
Secondly, he said, the holistic and integrated development would eventually help eradicate squatters there.
He said the third factor is that the project has the potential to contribute towards enhancing the State Government's income through the local authority's collection of land premium, assessment and trading licence fees.
"The hotels and tourism centre would provide employment and business opportunities for the youths and people in Tawau," he said.
The fourth factor, Ewon said, is that the project would give a positive impact on the perception of the rakyat and the people in the locality of the Government's concern.
Fifthly, he said the smart partnership between bumiputera and non-bumiputera entrepreneurs together with government agencies like Sedco would help to achieve the "towering bumiputera" concept expounded in the New Economic Policy (NEP).
Sixthly, he said the project would not burden the Government because it would be developed through an integrated system.
According to him, several investors have shown keen interest to invest in the project.
He said the project has its own attraction being in a strategic location near the border.
"This is further strengthened by the Government's plan to turn Tawau as a Tax Free Zone," he said.
In addition, Ewon said there are also economic attractions, namely, oil palm, cocoa, timber, birds' nests, Danum Research and Biodiversity Centre, Palm Oil Industrial Cluster (POIC), Pulau Sipadan and diversity in cultures.
On other developments, he said Akar Budi Tuah has proposed to the Government that the Bandar Baru Titingan project be acknowledged as a project under the Sabah Development Corridor.
Also present were Assistant Minister of Industrial Development Jainab Ahmad, Rural Development Assistant Minister Datuk Tawfiq Abu Bakar Titingan, Sedco Deputy Chairman Datuk Liew Teck Chan, Sedco Group General Manager Maisuri Besri, Akar Budi Tuah Managing Director Dr Ismail Idris and Akar Budi Tuah Technical Director Datuk Jimmy Pang.





See also page 3 of the Borneo Post with the headline, “TAWAU PROJECT TO SOLVE SOCIAL , CRIME PROBLEMS

Lexborneo:- With the spotlight on Tawau in the Daily Express News, it is perhaps timely to study the legal creation of theTAWAU MUNICIPAL COUNCIL, the local government and authority in Tawau.

STATE OF SABAH
No. 37 of 1981
Tawau Municipal Council (Change of Status and Amalgamation) Enactment, 1981
21ST DECEMBER, 1981.
An Enactment to make provision for changes in title and other matters consequential upon the change of status and amalgamation of Tawau Town Board and Tawau Rural District Council to Tawau Municipal Council.

ENACTED by the Legislature of the State of Sabah as follows:
1. Short title and commencement.
This Enactment may be cited as the Tawau Municipal Council (Change of Status and Amalgamation) Enactment, 1981 and shall come into force on the 1st day of January, 1982.

2. Amalgamation of Tawau Town Board and Tawau Rural District Council.
The Tawau Town Board and the Tawau Rural District Council shall on the commencement of this Enactment be amalgamated into one and under the same jurisdiction to be known as the Tawau Municipal Council.


3. Existing subsidiary legislation.
All subsidiary legislation applicable to the area under the jurisdiction of the Tawau Town Board and Tawau Rural District Council shall continue to have effect in the area under the jurisdiction of the Tawau Municipal Council as if, the same had been made by the Tawau Municipal Council.


4. Amendment to titles.
In every written law—
(a) all references to the “Tawau Town Board” and “Tawau Rural District Council” shall be construed as references to “the Tawau Municipal Council”;
(b) all references to “the Chairman of the Tawau Town Board” and “Tawau Rural District Council” shall be construed as references to “the President of Tawau Municipal Council”; and
(c) all references to “the Chairman” in relation to the “Tawau Town Board” and “Tawau Rural District Council” shall be construed as references to “the President”.


5. Succession property.
All property movable or immovable and assets vested in or belonging to the Tawau Town Board and Tawau Rural District Council shall on the commencement of this Enactment be transferred to and vest in the Tawau Municipal Council.


6. Rights, liabilities and obligations.
All rights, liabilities and obligations of the Tawau Town Board and Tawau Rural District Council shall on the commencement of this Enactment become the rights, liabilities and obligations of the Tawau Municipal Council.



7. Existing employees.
All employees in the employ or in the service of the Tawau Town Board and Tawau Rural District Council shall on the commencement of this Enactment become employees in the employ or in the service of the Tawau Municipal Council on the same terms and conditions of service as those on which they were employed by the Tawau Town Board and Tawau Rural District Council.


8. Existing agreements.
All deeds, bonds, agreements, instruments and working arrangements subsisting immediately before the comencement of this Enactment affecting any of the undertakings, assets and liabilities vested in the Tawau Municipal Council under this Enactment shall have a full force and effect against or in favour of the Tawau Municipal Council, and be enforceable as fully and effectively as if, instead of the Tawau Town Board and Tawau Rural District Council, the Tawau Municipal Council had been named therein or had been a party thereto.



9. Existing legal proceedings.
All legal proceedings pending or existing by or against Tawau Town Board and Tawau Rural District Council immediately before the commencement of this Enactment may be continued or enforced by or against the Tawau Municipal Council.


10. Valuation list.
Any valuation list prepared by the Tawau Town Board and Tawau Rural District Council in respect of the area under its jurisdiction shall continue to be in force in the area under the jurisdiction of the Tawau Municipal Council as if the same had been prepared by the Tawau Municipal Council.


CERTIFIED by me to be a true copy of the Bill passed by the Assembly on Thursday, the 3rd December, 1981.

FREDERICK JINU,
Deputy Speaker.

DRAINAGE AND IRRIGATION LAWS OF SABAH

DRAINAGE AND IRRIGATION
ORDINANCE, 1956
(Sabah No. 15 of 1965)
An Ordinance relating to the establishment and regulation of drainage and irrigation areas in Sabah.
(15th October, 1957.)
ENACTED by the Governor of the colony of North Borneo with the advice and consent of the
Legislative Council as follows;


1. Short title and commencement.
This Ordinance may be cited as the Drainage and Irrigation Ordinance, 1956, and shall come into operation on such date as the Governor may, by notification in the Gazzette,* appoint.



2. Interpretation.
In this Ordinance —
“Collector” shall have the same meaning as in the Land Ordinance;
“Committee” means a committee appointed by the Yang di-Pertua Negeri under section 4; “drainage” means the practice of causing water to be removed from the surface or sub-soil
of land by natural or artificial means for agricultural or other purposes;
“drainage area” means any area used for agricultural or other purposes which may from time to time be so declared by the Yang di-Pertua Negerit under the provisions of section 3;
“drainage water” means water which is removed from land by means of drainage works or by natural means;
“drainage works” includes the construction and maintenance of drainage canals and channels including sub-soil drains, banks, bunds, water gates; culverts, sluices, drains and other similar works for drainage purposes;
“Executive Officer” in respect of any drainage or irrigation area means such Irrigation and Drainage Engineer or such other officer not below the grade of Technical Assistant as the Director of Irrigation and Drainage may from time to time appoint in writting in that behalf;
“irrigation”, means the practice of causing water to flow upon or spread over or under the surface of land for agricultural purposes and includes drainage for the removal of irrigation water;
“irrigation area” means any area which may from time to time be so declared by the Yang di-Pertua Negeri under the provisions of section 3;
“irrigation season” means that period of time determined by the Committee during which irrigation water shall be made available to an irrigation area;
“irrigation water” means water which is put on to or retained on land in an irrigation area by means of inrigation works and includes water reaching such land as rainfall;
“irrigation works” includes the construction and maintenance of headworks, pumping stations, tanks main canals, subsidiary canals, distribution channels, banks, water
gates, culverts, sluices, and otner simlar works for irrigation purposes;
“occupier” includes a leasee or tenant and the cultivator or other person in actual possession, management or control of any land;
“owner” means owner as defined in the Land Ordinance;
“president” means the President of a Municipal Council established under the Local Government Ordinance 1961.


3. Declaration of drainage or irrigation area.
The Yang di-Pertua Negeri may declare* any land in Sabah within the area affected or to be affected by any drainage or irrigation works, wholly or in part carried out or sanctioned by the Government, to be a drainage area or an irrigation area or both. Such declaration shall define the boundaries of such area and may include headworks and main canals. The Director of Lands and Surveys or Collector as the case may be shall, prior to the registration of the first dealing in the land effected after the date of coming into force of this Ordinance, endorse on all documents of title to land registered in their respective registries affected by this declaration a reference to such declaration under this section.



4. Drainage and Irrigation Committees.
(1) The Yang di-Pertua Negeri shall constitute a Committee in respect of each area declared under section 3, for the purposes of-
(a) fixing the dates of commencement and cessation of the irrigation season or seasons in each year;
(b) fixing the date of commencement of cultivation of padi in respect of such irrigation season;
(c) recommending to the Yang di-Pertua Negeri any scheme of classification of land within the drainage or irrigation area for utilisation or rating;
(d) recommending to the Yang di-Pertua Negeri, within one month of the cessation of each irrigation season as fixed under paragraph (a) above, and annually in respect of any drainage area, the rate or rates to be imposed under the provision of section 8 in respect of that season on all or any classification of land within the area. In making such recommendations the Committee shall if so required by the Yang di-Pertua Negeri have regard to the capital cost, depreciation of machinery, maintenance and operation costs of the works, the extent of all operations during the period under review and the number of irrigation seasons;
(e) recommending to the Yang di-Pertua Negeri any measures necessary to ensure the co-operation of cultivators in the area or the efficient operation of drainage or irrigation within the area;
(f) execising any other executive or advisory power specified in the Ordinance or conferred upon it by the Yang di-Pertua Negeri in furtherance of or related to the provisions of the Ordinance.
(2) The Committee shall consist of the following persons:
(a) the District Officer of the District or the President of the municipality, in which the drainage or irrigation area is located or, if such area extends over more than one district or municipality, then all the District Officers of such districts and the Presidents of such municipalities;
(b) the Collector of the district, where the District Officer is not the Collector, or the Collector of the municipality, in which the drainage or irrigation area is located, or if such area extends over more than one district or municipality, then all the Collectors of such districts and municipalities;
(c) the Executive Officer as Secretary;
(d) the Director of Agriculture, or his appointed representative; and
(e) not more than five other persons nominated by the Yang di-Pertua Negeri as representing the cultivators within the drainage or irrigation area.
(2A) The quorum of the Committee shall be five members:
Provided that at all times the number of members nominated by the Yang di-Pertua Negeri who are present shall exceed the number of other members present.
(3) The District Officer or the President, as the case may be, shall be Chairman of the
Committee:
Provided that where there is more than one District Officer or more than one President or there are both a District Officer and a President on the Committee, such District Officer or President as the Yang di-Pertua Negeri may appoint, shall be the Chairman of the Committee.
(4) The nominated members of the Committee shall hold office for a period of three years and shall be eligible for renomination. In any case where the Committee is satisfied that any nominated member is incapacitated by illness, absence or other sufficient reason from performing the duties of his office it shall so report to the Yang di-Pertua Negeri who may revoke the appointment and nominate some other qualified person in his place.
(5) When the Committee shall have fixed any date in exercise of its powers under paragraphs (a) and (b) of subsection (1) it shall cause notice of such dates to be published on the notice board of the District Office or the Municipal Council Office as the case may be and in such manner as the Committee shall in each case decide.



5. Nature of cultivation.
The Yang di-pertua Negeri may declare in respect of any unalienated State land within a drainage or irrigation area that such land shall not be alienated for any purpose other than such as may be approved by the Committee for that area.



6. Padi cultivation.
(1) Notwithstanding anything to the contrary contained in the Land Ordinance, or any other written law, no land within an area subject to the provisions of this section shall be used for any purpose other than the cultivation of padi without the consent of the Committee for the drainage or irrigation area within which such land is situated.
(2) The provisions of subsection 1) shall not,for so long as it continues to be used for the same purpose, apply to any land in respect of which the Committee, upon the application of any owner or occupier, has recorded that such land was prior to the date of commencement of this Ordinance, or one year before an order under this section, whichever date is the later, lawfully used for any purpose other than the cultivation of padi.
(3) The Yang di-Pertua Negeri may order that any area or areas of land within a drainage or irrigation area shall be subject to the provisions of this section and upon publication of such order the Director of Lands and Surveys or Collector as the case may be shall, prior to the registration of the first dealing in the Land effected after the date of coming into force of this Ordinance, endorse on all documents of title to land registered in their respective registries within any such area a reference to such order.
(4) All land subject to an order under the provisions of subsection (3) shall cease to be subject to the provsions of paragraph (a) of subsection (1) of section 5 of the Native Rice Cultivation Ordinance.



7. Classification of lands.
(1) The Committee shall classify all land within a drainage or irrigation area accoding to its utilisation. Agricultural land shall be classified according to the nature of the cultivation that might reasonably be expected thereon. If at any time any land so classified shall be used for a different purpose or, if agricltural land, for difirent cultivation the Committee shall forthwith reclassify such land.
(2) The Committee’s original classification and all reclassifications shall be prepared in draft and such drafts shall be made available for inspection by the public in the District orfficer of the distric or the Municipal Council Office of the Municipality in which the land is situated. Public notice of the preparation of such drafts shall be given by a notification in the Gazette and in such other manner as the Committee may think desirable. Such notice shall also state a date not less than one month after the publication of the notice on which and the time and place at which the Committee proposes to hold a public meeting at which any owner affected by the draf classification may appear and state his objections to it.
(3) After the public meeting referred to in subsection (2) has been held and any objections considered, the Commitee shall publish its classification or reclassification which shall then be final. Such publication shall be effected by notice in the Gazette.



8. Imposition of water rates.
(1) The Yang di-Pertua Negeri may by order impose upon all or any land within a drainage or irrigation area rates, hereinafter called water rates. Such water rates shall be imposed in accordance with the classification made under section 7.
(2) Upon such publication all owners of such land shall become liable to pay water rates. Payment will be due as set out in sub-sections (3) and (4) of this section.
(3) Water rates imposed upon land classified for the cultivation of padi shall become payable three months after the cessation of the irrigation season fixed under paragraph (a) of
subsection (1)of section 4 in respect of such land:
Provided that water rates shall be remitted until irrigation water has been available on such land or the area has been drained for a period sufficiently long to allow three successive annual crops to be planted and gathered.
(4) Water rates imposed upon land classified for any purpose other than the cultivation of padi shall become payable on the first day of January next following the date of publication of the order of the Yang di-Pertua Negeri under subsection (1) and thereafter on the first day of January of each succeeding year.



9. Reduction or remission of water rates.
(1) In any case in which the irrigation works on land classified for the cultivation of padi have for any reason not been effective or have been only partly effective during any annual period the Committee may reduce the amount of the rate imposed and such reduction may if the works have been ineffective for the whole period amount to total remission.
(2) In any other case the Cotmmittee may make recommendations to the Yang di-Pertua Negeri for the reduction or remission of any water rates imposed setting out their reasons for so recomending and the Yang di-Pertua Negeri shall have power to authorise such reduction or remission as may to him seem fit after consideration of the Committee’s recommendations and reasons.



10. Collection of water rates.
All sums due for water rates under this Ordinance shall be paid and may be recovered, so far as may be practicable, in the manner provided by Part VII of the Land Ordinance for the collection of and revenue and shall form part of the revenues of Sabah.
11. Special supply of water.
Any owner or occupier may apply to the Committee for a supply of water at periods not within the irrigation season and the Committee, in its absolute discretion, may supply such water in which case the owner or occupier shall pay for such water at a rate or rates to be determined by the Committee and agreed and paid by the landowner in advance.


12. Management of drainage or irrigation area.
(1) Every drainage or irrigation area and the works therein shall be in the charge of an Executive Officer.
(2) Such Executive Officer shall report to the Committee annually, and at such other times as the Committee may require, upon the working of the area in his charge, and shall in like manner furnish annual accounts in such form as the Minister for Finance may direct showing in respect of that area the receipts on account of water rates and any other revenue arising from the operation of the works, and the expenditure on construction, management, supervision and maintenance of the works in his charge.
(3) For the purposes of such accounts the Collector of each district concerned shall furnish to the Executive Officer a statement at the cessation of each irrigation season of the amount of water rate collected by him or in arrears in respect of the area and of any sums received by him under subsection (2) of section 22*.



13. Delegation of powers and duties.
(1) Any Executive Officer may, with the approval of the Director of Public Works and subject to such limitations as the Director of Public Works may think fit to impose from time to time authorise by writing under his hand any officer of Government to exercise any of the powers and perform any of the duties conferred and imposed by this Ordinance on the Executive Officer and may in like manner and with the like approval withdraw any such authority.
(2) Everything done in pursuance or an authority granted under this section shall have the same effect as if it were done by the Executive Officer.



14. Filling up water-ways.
The Executive Officer may, if it appears to him that it will be of benefit to the drainage or an irrigation works in his charge so to do enter upon any land and fill up, construct, widen or drain any canal, watercourse, drain, ditch, pond or swamp whether within or without a drainage or irrigation area:
Provided that there shall be paid to any owner or occcupier thereof reasonable compensation for any damage, loss or inconvenience arising therefrom, and if the parties fail to agree as to the amount so payable the question shall be referred to the Committee whose decision thereon upon any claim for a sum of less than five hundred ringgit shall be subject to appeal to the Magistrate and in any other case be subject to appeal to the High Court.



15. Removal of trees or refuse.
(1) (a) The Executive Officer may, by notice in writing, require the owner or occupier of any land within any drainage or irrigation area to clear the banks or sides of any drainage or irrigation works on such land of any trees, plants or weeds growing thereon or to remove from any land adjoining any drainage or irrigation works any growth or refuse likely to damage such works or harbour rats or other vermin.
(b) Such notice shall require the owner or occupier to take the necessary action within a certain fixed time, which shall not be less than fourteen days from the date of the service of the notice, and if default is made in complying with the provisions of such notice the Executive Officer may enter upon such land and cause action to be taken as is required by the notice and may recover the cost of so doing from such owner or occupier in any Court of competent jurisdiction.
(2) (a) The Executive Officer may, by notice in writing, prohibit the owner or occupier of any land within such area from planting any tree or plant on the banks or sides of any drainage or irrigation works on such land or from depositing on any land adjoining any drainage or irrigation works any refuse likely to damage such works or harbour rats or other vermin.
(b) If default is made in complying with the provisions of a notice issued under this subsection the Executive Officer may enter upon such land and cause action to be taken to clear any tree, plant or weed from such banks or sides or to remove any such refuse and may recover the cost of so doing from the said owner or occupier in any Court or competent jurisdiction.
(3) In cases in which the Executive Officer requires the destruction of, or destroys, valuable trees or plants he shall, unless notice has been issued on a previous occasion under this subsection in respect of the land on which such trees or plants are growing, pay the owner or occupier reasonable compensation for the same; and if the parties fail to agree as to the amount so payable the question shall be referred to the Committee whose decision thereon upon any claim for a sum of less than five hundred ringgit shall be subject to appeal to the Magistrate and in any other case shall be subject to appeal to the High Court.



16. Compulsory provision of bunds.
(1) The Executive Officer may, by notice in writing under his hand, require the owner or occupier of any land within such area to provide, either individually or jointly with other owners or occupiers, proper banks or bunds to specified levels and distribution or drainage channels for the supply, drainage, retention or exclusion of water:
Provided that no person shall be required under this section to provide banks, bunds, distribution or drainage channels which will not benefit land whereof he is the owner or occupier.
(2) Such notice shall require the owner or occupier to commence to take the necessary action within a stated time, which shall not be less than fourteen days from the date of the service of the notice, and thereafter to carry out any work specified in such notice without delay.
(3) If default is made in complying with the provisions of such notice, the Executive Officer may enter upon any such land and cause such action to be taken as is required by the notice and may thereafter certify under his hand the cost thereof, and thereupon the amount so certified shall be recoverable by the Executive Officer from the person by whom default was made as aforesaid in any Court of competent jurisdiction.
(4) Any person aggrieved by such notice may within fourteen days of service of such notice appeal to the Committee for the area who, after holding an enquiry, may modify the terms of such notice or extend, in respect of any particular work or part of the land, the time within which the work is to be done.



17. Obstruction or damage.
Any person who-
(a) damages or causes damage to any drainage or irrigation works; or
(b) wilfully or maliciously pollutes water in any drainage or irrigation works; or
(c) wilfully or maliciously blocks up or causes in any way to be blocked up or obstructed any drainage or irrigation works; or
(d) breaches or cuts through the banks or sides of or interferes in any manner with the flow of water in any drainage or irrigation works; or
(e) wilfully causes waste of water conserved by any irrigation works or obtained from such works; or
(f) obtains water from irrigation works by any act contrary to the provisions of this Ordinance or the written directions of the Executive Officer; or
(g) not being a payer of water rates under the provisions of section 8 draws off or converts to his own use any irrigation water; or
(h) being an owner or occupier of land within a drainage or irrigation area refuses to allow the passage of irrigation water over his land or obstructs such passage: or
(i) constructs any canal, watercourse, drain, ditch, or pond, or deepens or enlarges any existing canal, watercourse, drain, ditch, or pond within a drainage or irrigation area without having obtained the consent thereto in writing of the Executive Officer or his duly appointed representative; or
(I) tampers with any sluice gate, regulator or any other part of any drainage or irrigation works; or
(k) leads any animal or, being the owner or person in charge, fails to prevent any animal from straying upon the banks or sides of any drainage or irrigation works,
shall be liable to a fine of five hundred ringgit and to imprisonment for three months and in any case where damage is done to the works or expense caused by such acts then the cost of repairing such damage or the expenses involved may be recovered from the offender by the Executive Officer in any Court of competent jurisdiction.



18. Waste or obstruction of water.
(1) Any person who-
(a) drives, draws or pushes, or causes to be driven, drawn or pushed, on the banks or sides of, or uses or causes to be used any boat, vessel, raft, float, timber or other material on any drainage or irrigation works without the written permission, which may be general or specific, of the Executive Officer; or
(b) uses, sets or places any fish trap in any canal, watercourse, drain, ditch or pond within a drainage or irrigation area,
shall be liable to imprisonment for one month and to a fine of one hundred ringgit.
(2) In respect of any drainage or irrigation works the Executive Officer may declare any part of such works to be a closed area and shall give public notice of such closure in such manner as the Chairman of the Committee for such drainage or irrigation area shall approve, and during the period of such closure any person who -
(a) encroaches on or fishes or attempts to take fish out of a drainage or irrigation tank, canal, channel or watercourse; or
(b) bathes or washes articles in any tank, canal, channel or watercourse without the written permission of the Executive Officer, shall be liable to imprisonment for one month and to a fine of one hundred ringgit.
(3) In any case where damage is done to drainage or irrigation works or expense is caused by any act or acts which are offences under subsection (1) or (2), the cost of repairing such damage or such expense, as the case may be, may be recovered from the offender by the Executive Officer in any Court of competent jurisdiction.



19. Straying cattle or pigs.
The Committee may by resolution authorise the Executive Officer to issue written authority to any person approved in such a resolution and named in the written authority to destroy any cattle in the act of straying on the drainage or irrigation works between the hours of sunset and sunrise and any pigs so straying at any time and, except as hereinafter provided, the owner of such cattle or pigs shall not be entitled to any compensation for the destruction thereof and shall be liable as provided in this Ordinance to any penalties, civil or criminal, arising from the straying of such animals:
Provided that any owner shall be entitled to the carcase of any animal destroyed under the provisions of this section if claimed within twenty-four hours:
And provided further that compensation for any cattle destroyed under the provisions of this section shall be payable if, in the opinion of the District Officer or the President, such drainage or irrigation works are not adequately fenced.



20. Onus of proof to lie with persons benefited.
If any person or persons benefit by reason of any action or actions which would be an offence under the provisions of section 17, the onus of proving that the person or persons benefiting did not perform or cause to be performed such forbidden action or actions shall lie on such person or persons.




21. Power to arrest.
Any police officer or any officer of the Department of Irrigation and Drainage authorised thereto by order signed by the Director of Irrigation and Drainage may arrest without warrant any person found committing an offence against the provisions of section 17, and shall forthwith cause the person arrested to be produced before a Magistrate.



22. Power compound offences.
(1) The Yang di-Pertua Negeri may by order empower any Executive Officer or other officer of Government by name to accept from any person whom he is satisfied has committed any offence under this Ordinance, a sum of money not exceeding one hundred ringgit by way of composition for such offence.
(2) All sums so received shall be paid forthwith to the Collector and shall form part of the revenues of Sabah.
(3) Any officer empowered by order to compound shall upon demand produce a copy of such order certified by the Director of Irrigation and Drainage for the inspection of any person about to compound any offence.
(4) Composition under subsection (1) shall be accepted only in cases where the person reasonably suspected of having committed an offence has expressed his consent in writing to the offence being dealt with under this section.
(5) In any proceedings brought against any person for an offence against this Ordinance it shall be a good defence if such person proves to the satisfaction of the Court that he has compounded the offence under the provisions of this section.



23. Appeals.
(1) Save in such cases as it shall have been provided in this Ordinance that the decision of the Committee shall be final or shall be subject to appeal to the High Court, any person aggrieved by any decision of the Committee may appeal to the Magistrate whose decision shall be final.
(2) Any appeal whether to the High Court or to the Magistrate shall be lodged within a period of fourteen days from the day when such decision was brought to the notice of the appellant.



24. Service of notices.
Any notice issued under the provisions of this Ordinance may be served in the manner prescribed for the service of notices in the Land Ordinance.



25. Power to make rules.
(1) The Yang di-Pertua Negeri may make rules for the encouragement and extension of cultivation within drainage or irrigation areas and for any other purposes consistent with the provisions of this Ordinance.
(2) In respect of any drainage or irrigation area the Committee may make rules not inconsistent with the provisions of this Ordinance for the management and control of any drainage or irrigation works within its jurisdiction and for controlling the periods during which or conditions upon which such works shall operate or water shall or shall not be available.
(3) Any rules made under the provisions of subsections (1) and (2) may provide a penalty for the breach or contravention thereof which in the case of any rule made under subsection (1) shall not exceed a fine of five hundred ringgit and imprisonment for three months and in the case of any rule made under subsection (2) shall not exceed one hundred ringgit and imprisonment for one month.