The Chief Minister Incoporation (CMI) 2009 enactment does not give the chief minister the sole right or power to decide land sales, said Lim Guan Eng.

Pointing to the 2009 CMI Enactment, Lim said “some lawyers have distorted the law, where does it say that it gives me the sole right” to decide on land matters.

“The enactment says the decisions are made by the state executive council and not decided by me personally, even the law says that,” Lim said at a press conference today.

He denied signing any contracts on behalf of CMI or the Penang government, adding these powers were delegated to the government staff.

He claimed he was merely a witness to these contracts as he is the chief minister of the Penang government.

“They (civil servants) only sign the contracts when they are satisfied with all the instructions and they ensure that all requirements are fulfilled and endorsed by the state exco,” he added.

Lim was responding to state Gerakan acting youth chief Jason Loo who said yesterday that the CMI enactment was evident that the chief minister has the sole right and power to decide and deal with land sales.

To prove his point, Loo read out Section 3 and 4 of the CMI Act, which he said was proof enough that Lim acted on his own in selling the plot of land on Peel Avenue.

He demanded that Lim declassify the state executive council minutes of meeting to proof that he did not act alone in the matter.

Loo was referring to the recent sale of a 6.4 acres of land on Peel Avenue to Island Group Hospital (on a 99-years lease) for RM156 million, for the purpose of the hospital’s expansion project.

Section 3, 4 and 5

However, Section 3 of the CMI Act states that “the officer for the time being discharging the duties and functions of the chief minister of Penang and his successors in office shall be a corporate body under the name of the Chief Minister of Penang Incorporation”.

Section 4 deals with the power of corporation, where it is stated that the corporation when deems fit can enter into contracts, acquire, hold, and enjoy movable or immovable property of every description, and sell, mortgage of otherwise dispose of any moveable or immovable property vested in the corporation”.

Lim also pointed to Section 5 which states that subject to any written law and the approval of the state executive council, the corporation shall have the power to do all the things that are necessary for the expedient or incidental to the discharge of the duties of the corporation.

Lim criticised Loo for his inability to show proof of his (Loo's) claim, and for using an “incorrect law” against the chief minister and Penang government.

“If you want to lie to cover another lie, it will not help you as it shows you are just a bigger liar,” Lim said.

“You are trying to smear the reputation of the state government and my image. If you cannot show proof of your claim, there is no point for me to answer your lies in the press anymore,” he added.

“I am sick and tired of your lies,” he told the state Gerakan leader.

Unelected leaders

Lim said he has been asked why he responded to “unelected leaders”, adding that he tried to appear accountable, to clarify issues and would correct any errors, if they existed.

However, he discovered that eventually his critics lied to cover their original lies, saying this was “irresponsible” as the media would publish such errors repeatedly.

“Maybe tomorrow they will make a bigger lie that I have murdered someone,
they will say I have the authority over the police and it is up to me to proof that I did not murder someone,” Lim said.

“How to proof these kinds of allegations, especially when the other side cannot show any body and no one is missing?” he queried.

“Yes, I am the CM, and I may have some power, but the power to investigate crime or a murder is delegated to the police, and they will act according to their powers delegated,” he explained.

Lim said this was similar to the case of CMI, where there is an extra layer of control, vested in the state executive council and the state secretariat.

He said any plot of land which has been alienated to a company will only be transferred after endorsement from the state executive council.

In the case of Peel Avenue, Lim said the plot of land was still under the CMI as the company has not paid for it in full, having paid only 30 percent of the RM156 million.

“Don’t tell me a lawyer does not understand this,” Lim said of Loo, who is a lawyer by profession.

Declassifying minutes

On whether minutes of the state executive meeting which decided on the sale of the Peel Avenue land should be declassified, Lim said he would not do just to satisfy Loo.

He asked what were Gerakan leaders planning to do if he had declassified the documents.

“Are you going to announce that you will retire or resign from politics because I am sick and tired of your lies? Are you going to make a public apology or donate RM1 million to charity? If you are willing to do these, okay, we can declassify the minutes,” Lim said.

Lim said he cannot be declassifying minutes of meeting every time a request is made by his critics as they often “lie or play games”.

He added that his opponents would explode one day as try to cover every lie previously made on various issues.

“The lies are becoming bigger and bigger and it is only a matter of time before you explode,” he said.