GEORGE TOWN – The Penang Island City Council (MBPP) has issued a show cause letter to the developer who had allegedly destroyed the 138-year-old tomb of Madam Foo Teng Nyong – the third wife of Taiping’s Kapitan Chung Keng Quee.
The developer will have seven days to provide a response to MBPP.
In a statement, MBPP said investigations found that even though the developer or the landowner had obtained permission to exhume the grave to make way for a housing project, it was not done according to guidelines.
Among the guidelines was that the developer needed to notify the city council 10 days before the exhumation and have an MBPP officer in attendance during the process.
The show cause letter will be issued under Section 97(2) of the Local Government Act 1976 (Act 171).
The developer could face legal action if it does not respond to the show cause letter, and is liable to a fine not exceeding RM5,000 or a one-year jail term, or both.
The investigation found that there was no planning permission submitted to MBPP but there was an application to exhume the grave.
The destruction of the gravesite drew a rebuke from heritage activists after some of the debris was discarded at the island’s main dump site in Jelutong.
The activists also called for better enforcement and new legislation to govern such exhumations.
Penang Heritage Commissioner Rosli Nor had expressed dismay over the demolition of the tomb near Fettes Park here.
“We want to know why the developer or contractor allegedly rushed into demolishing Madam Foo’s tomb, which is at Jalan Bulan Terang.”
Rosli said the tomb should not have been demolished, and the developer could have relocated it according to procedures used for artefacts.
He added that the tomb’s location on a road shoulder could have been preserved as a green area.
George Town Heritage Action co-founder Mark Lay, who pushed for the investigation, said he will wait seven days for the developer to reply.
He had challenged the State Planning Committee and the MBPP Heritage Department to answer claims that they had rezoned Lot 1682 (the site of the tomb) from low-density development to allow plans for a 28-storey apartment block in May this year. – The Vibes, September 15, 2022
