Sentoria Borneo Land case: Firm reps, directors granted bail of RM14,000

KUCHING (Nov 17): The Magistrates’ Courts here on Thursday granted bail of RM14,000 with one local surety to the company representatives and directors of Sentoria Borneo Land after they pleaded not guilty to charges framed under Section 53(1) of the Housing Development (Control and Licensing) Ordinance 2013 (Cap.69).

The charges allege that the company directors, Gan Kim Leong, 61, and Chan Kong San, 62, had failed to comply with awards issued by the Tribunal For Housing Purchaser Claims Sarawak from 2020 to 2022.

They pleaded not guilty to charges that they had failed to pay compensation awards within 45 days from the date when the awards were issued.

The awards were for residential projects at Borneo Samariang Resort City (BSRC) and Ataria Resort Condominium for late completion of properties.

Magistrate Zubaidah Sharkawi released the company director on cash bail of RM1,000, while Magistrate Mason Jaro Lenya Barayan granted bail of RM500 with one local surety.

In defence, the developers’ lawyers, Wong King Wei and Teng Lee Kai, argued that the case was a civil debt matter between the property developer and the respective property purchasers and that Section 53 of the said Ordinance was not applicable.

Deputy public prosecutor (DPP) Ronald Felix Hardin and prosecuting officer Johny Ikau informed the court that Section 53 of the said Ordinance ‘is a criminal penalty to be imposed for failure to comply with the award issued by the Tribunal For Housing Purchaser Claims Sarawak’.

Both Magistrates’ Courts fixed Jan 5 next year for pre-trial case management.

The proceedings on Thursday were also attended by several officials from the tribunal.

Section 53 of the Housing Development (Control and Licensing) Ordinance 2013 (Chapter 69) states that it is an offence for whoever fails to comply with an award made by the tribunal and shall, on conviction, be liable to a fine of not exceeding RM5,000 or to imprisonment for a term not exceeding two years, or to both.

In the case of a continuing offence, the offender shall be liable to a fine not exceeding RM1,000 for each day or part of a day during which the offence continues after conviction.

Under Section 58 of the said Ordinance, a housing developer who abandons or causes to be abandoned a housing development or any phase of housing development commits an offence and shall, on conviction, be liable to a fine of not less than RM250,000 but not exceeding RM500,000 or to imprisonment for a term not exceeding three years or both.