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20190417 (Wed) Where does it say in Law that West Msian cannot own land in Sarawak?

20190417 (Wed)

Where on earth does the law say West Msian cannot own land in Sarawak?

*See further postings for exceptions.

Actually, the Sarawak Land Code does NOT specifically mention “West Malaysian”. In S.13A, B and C, it mentions “Foreigners”.

S.13A of the Sarawak Land Code (SLC), as below:

13A No acquisition of land by foreigners

Notwithstanding anything in this Code or any other written law relating to land no estate, interest or right in any land may be held or acquired by any of the following:

(a) Any person who is not a Malaysia citizen and not permanent resident in Sarawak.

(b) Any foreign company, corporation, society, association or other body, which is not registered in Malaysia under any written law applicable thereto; and

(c) Any person or body corporate which is a trustee under a trust any beneficiary of which is –

  • (i) A person who is not a Malaysia citizen and not permanent resident in Sarawak; or
  • (ii) A foreign company, corporation, society, association or other body which is not registered in Malaysia under any written law applicable thereto.

13B No acquisition of land by foreigners without consent of Minister

13C Prohibitions and restrictions against foreigners to acquire land by way of transfer, sublease, transmission and dealings with land other than a charge

So, you can see that West Malaysian – Malaysia citizen but not permanent resident of Sarawak cannot hold land in Sarawak by S.13A Sarawak Land Code.

**This is generally the case, however there are other provisions in the Code that allow some exceptions. Tomorrow we shall look at them.

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