GEORGE TOWN, Dec 18 – Penang Chief Minister Lim Guan Eng hold a press conference on Thursday told the reporters that the State Government does not have any power to refuse legal advice regarding the confidentiality clause in the privatization agreement signed by the previous state government during the administration of Barisan Nasional (BN).
He said that the State Government is bound by confidentiality clauses that prevent the administration from revealing any details or the classification of the agreement signed by the previous BN administration. Meanwhile, State Legal Advisor, Dato ‘Sulaiman Aliza has also made a legal opinion regarding the confidentiality clause in the agreement involving the Tanjung Pinang Development Sdn. Bhd. (TPDSB) and Jelutong Development Sdn. Bhd. (JDSB) after studying on it.
“This is not a game for the State Government because the reality is we are bound by confidentiality clauses that prevent the State or the relevant parties to make public the details of the agreement. Therefore, we must obtain the consent of the companies involved in the agreement with LA before the Privatisation Agreement, Supplementary Agreement, Reimbursable Land Cost Agreement and all matters relating to the agreement made public,” he said at a press conference in Komtar Thursday.
Also present were state Local Government, Traffic Management and Flood Mitigation, Chow Kon Yeow, Welfare, Caring Society and Environment, Phee Boon Poh and Housing and Town & Country Planning, Jagdeep Singh Deo. Lim said that there is more than one company that signed the agreement.
“IJM Land had three privatization agreement involving confidentiality clauses, through its subsidiary JDSB, which was in April 1997, an additional agreement in October 2002 and the repayment agreement in January 2003 cost of land. Meanwhile, the agreement gives the developer the right to build and prepare the Jelutong Expressway (now known as Tun Dr Lim Chong Eu Expressway) and redeem reuse 324.9 acres of land for the purpose,” he explained.
“But the clause 33 of the agreement between the State and JDSB clearly states that all matters relating to the agreement remain confidential and not be disclosed to any third party without prior consent. It was also similarly TPDSB a subsidiary of E & O Berhad have confidentiality clauses in agreements for land reclamation projects Seri Tanjung Pinang (STP) signed around the 1990s,” he said.
“It is clear that these agreements have been signed during the BN administration. What is regrettable is that BN leaders who pretended not to know that there are confidentiality clauses in the agreements and administrative challenge now to reveal the details while they know we is tied with a confidentiality clause,” he said
Earlier, Penang BN chairman Teng Chang Yeow challenging Guan Eng to steer these companies waive their rights under the clause of confidentiality and criticized the administration Guan Eng as ‘weak’. Lim admitted that yes, he is weak, because this is not his cronies. He said this with revealing the State Government is still no agreement classifies the reclamation of 60 acres of land in Bayan Mutiara and Bayan Bay under in any clause of confidentiality.
