I refer to the Malaysiakini report CM: I didn't mislead assembly over land status .

The declassified minutes on the conversion of PDC Heritage Hotel were released on Saturday by Penang Chief Minister Lim Guan Eng’s administration reveal that the PDC Heritage Hotel site is a foreshore land.

Foreshore is the area that is exposed to the air at low tide and underwater at high tide. For development on coastal zones, a construction setback of 60 metres is normally observed.

Setback is a guideline to developers on how far to site permanent structures behind the shoreline in order to avoid problems with short-term coastal response and flooding problems during rough weather.

If one were to strictly follow the guidelines from Department of Drainage and Irrigation’s Circular 1987, no permanent structures should be permitted within this setback zone. Guidelines for the width of the setback zone specifies 60 metres on the open coast.

The 60m setback creates a costal buffer zone that should be remain in the public domain. This coastal buffer zone effectively allow public access to the foreshore. The land of any development site that fails to observe this requirement should be considered as foreshore land.

Or put it in another way, the land of any development site that fall within the 60m setback from the foreshore line is considered as foreshore land.

The minutes on the land conversion reveal that the state legal advisers had reminded Lim that the site is a foreshore land and that under the National Land Code proviso, it cannot be converted from leasehold to freehold status.

In converting the land, Lim has referred to section 76(aa)(iii) of the NLC which says such land could be converted ‘where the state authority is satisfied that there are special circumstances which render it appropriate to do so’ . What were the special circumstances that Lim referred to in justifying the land conversion?

The special circumstances that Lim has cited for justifying the conversion is as follows:

1. That the project was neglected and in an ‘abandoned’ state.

2. That the equity held by the Penang Development Corporation has been raised from 49% to 50%.

3. That the cost of equity conversion is to be borne by YTL Hotels & Properties Sdn Bhd.

Lim, however, has failed to address public concern over the sale of our foreshore land to private interests. On Oct 15, 2008, in a press statement, Lim had promised that the state government would not follow in the footsteps of his predecessor in circumventing the National Land Code proviso that prohibits the conversion of foreshore land from leasehold to freehold status.

The sad truth is that the chief minister who once fought alleged land scams committed by the previous state government is now personally involved in a questionable land conversion. This is a treacherous betrayal of the people.

Lim hoped that by releasing the minutes on the land conversion, he could divert the attention of the people on the questionable land conversion. As usual, he took the opportunity to blame Koh Tsu Koon for the land conversion.

If Guan Eng sincerely believes that what Koh Tsu Koon did was wrong, he should not go ahead with the land conversion. This is a most disturbing incident after Lim openly promised not to cheat Penangites of their foreshore lands. Disturbing because Lim loves to continue what Koh Tsu Koon did but will blame the latter when criticised for whatever decision made.

It is important for Penangites to understand why he made the decision. Lim should walk Penangites through the reasoning on why that decision was made. The ‘special circumstances’ that Guan Eng has referred to are hardly special at all.