Bukit Antarabangsa Landslide (4)

PETALING JAYA, 10 Dec 2008: In light of the latest landslide tragedy at Bukit Antarabangsa in Ampang, the Bar Council has set up a task force to monitor hillslope developments.

 

Task force chairperson Roger Tan said they would find solutions and offer suggestions to the government on legislation, which would be similar to the ones in Hong Kong. “So many of its (Hong Kong) high-rise buildings are built on hillslopes but a tragedy like Highland Towers is almost unheard of,” he told The Nut Graph in a phone interview. Tan added he could only think of two possible reasons why there were no hillslope development tragedies in Hong Kong.

 

“One, they have a responsible, incorrupt public authority which administers such laws.

 

“Two, there is strict enforcement of such laws and this includes going after not only errant developers, but also the (responsible) architects and engineers,” he said.

He also said the task force would look at similar legislation in other countries to see if such laws should be adopted in Malaysia.

Tan, who is currently in Brisbane, said urban planning laywer Derek Fernandez would be helping him with the task force.

Fernandez, who is also a Petaling Jaya city councillor, has been fighting for residents protesting against development on the Bukit Gasing hillslope.

Tan plans to recruit architects from the Malaysian Institute of Architects, engineers from the Institution of Engineers and non-governmental organisations who can lend their expertise.

He also said he would speak to Real Estate and Housing Developers Association chairperson Datuk Ng Seing Liong but the task force would need more professionals than developers as they would be looking at the inadequacies of current laws.

“I wish to stress that the intention of the task force is to proffer ideas on how we can avoid a recurrence of such a tragedy.

“It is one of the statutory objects of the Bar to assist any party, including the government, on the effectiveness of any piece of legislation.

“Of course, should the government decide later that a public inquiry be held, my committee and I would be more than pleased to render the necessary assistance,” explained Tan.

Tan, who also chaired the Bar Council’s environment committee, said he agreed with the Malaysian Bar president Datuk Ambiga Sreenevasan’s call for the repeal of Section 95 of the Street, Drainage and Building Act 1974.

“This is the problem when the law and judiciary try to insulate public authorities from acts of negligence,” he said.

In a *****statement yesterday, Ambiga had urged the government to repeal the statutory immunity enjoyed by local authorities and their officers that was provided by the act.

She also called for an immediate public inquiry to investigate the Bukit Antarabangsa tragedy and make recommendations for further action.

Ambiga also said there should be an immediate freeze on all proposed or ongoing hillslope projects and on projects on Class 3 and 4 slopes as implemented by the Selangor government in April 2008.

There must also be public safety announcements on all high-risk areas to advise land-owners and residents, while the National Physical Planning Council should issue immediate directives in relation to planning and hillslope protection, said Ambiga.

The appalling and unnecessary loss of life in Bukit Antarabangsa on Saturday calls for an immediate and comprehensive response by the Government.

The Bar Council calls first for an urgent and immediate public inquiry to be held into the incident to investigate the recent tragedy and make recommendations for further action. Members of the inquiry panel should include reputable persons, State representatives, and independent experts such as engineers, geologists and housing planners together with representatives from NGOs. The powers of the inquiry should be wide enough to cover a review of all hillslope developments and to receive complaints from residents of affected areas.

There have been several important suggestions made in the press by Derek Fernandez (see Malay Mail of 9 December 2008) that ought to be implemented. In our view, the following immediate steps are imperative:

1.  An immediate freeze on all proposed or ongoing hillslope projects until further evaluation and safety review;

 

2.  An immediate ban on any projects or development on class 3 and 4 slopes which have in fact been implemented since April 2008 by the Selangor State Government;
 
3. An immediate public safety announcement of all high-risk areas to advise land-owners and residents of the need to be vigilant and of early warning signs of instability; and
   
4. The National Physical Planning Council, set up inter alia to promote the improvement of our physical environment, to issue immediate directives in relation to planning and hillslope protection.

Of course, the public has a right to know why these steps were not taken sooner.

There is a distinct lack of real action in public safety issues in developments, despite the Highland Towers disaster and despite the public outcry and concern over such similar developments since then. Every time the public has objected to projects that are precarious, even to the naked eye, their voices are drowned out and these developments continue regardless.

On our part, the Bar Council has set up a task force to monitor the situation with a view to finding solutions and offering suggestions to the Government on legislation that may have to be considered, much like the legislation in Hong Kong. This task force will be headed by Council member Roger Tan, who will be assisted by Derek Fernandez.

The Bar Council also urges the Government to repeal the statutory immunity to local authorities and their officers in the Street, Drainage and Building Act 1974 as this militates against the interests of the public and only encourages a lackadaisical attitude to the approval of plans submitted.

Putting profits before people must cease. It is time that the Government adopts a “rights-based approach??? towards protecting the peoples’ rights to sustainable development and environmental protection. These are acceptable norms that ought to set the benchmark in our drafting of planning laws and implementation of development policies.

Further, those that approve development plans and those that are duty-bound to protect our environment and the people must be called to account. Their acts may amount to criminal negligence which the police ought to investigate.

It is hoped that this tragedy, unlike the Highland Towers incident, will not fade into the past with no lasting solutions.

The authorities must be serious and must immediately bring in tough, no-nonsense measures. Tragically however, for those who have lost their loved ones, friends and homes, these steps will come too late.

Dato’ Ambiga Sreenevasan
President
Malaysian Bar

9 December 2008