Malaysia

Don’t rush Convent Bukit Nanas heritage status, lawyer says

Derek Fernandez urges school management to carefully weigh pros and cons, says it could consider separate application under Act 645

Updated 5 years ago · Published on 30 Apr 2021 9:00AM

Don’t rush Convent Bukit Nanas heritage status, lawyer says
The Malaysian Urban Design Association president says SMK Convent Bukit Nanas is one of 26 place markers, or buildings and sites that contribute to the history of an area, out of 13 heritage trails proposed under the KL Heritage Trail Master Plan. – The Vibes file pic, April 30, 2021

by A. Azim Idris

KUALA LUMPUR – While the recent land lease extension and ongoing earmarking of SMK Convent Bukit Nanas (CBN) as a heritage zone ensure solid protection, the school’s administrators may consider applying for a separate heritage status under the National Heritage Act 2005 (Act 645).

Lawyer Derek Fernandez said the iconic school’s management can weigh both the benefits and detrimental effects of gazetting its buildings under the act.

Act 645 provides for the conservation and preservation of national heritage, natural heritage, tangible and intangible cultural heritage, underwater cultural heritage, treasure troves, and related matters. 

“That was why it was important for them (CBN administrators) to engage with the government,” Fernandez told The Vibes.

“That (engagement) would be my advice to them. They have to engage with the National Heritage Department to see what they can or cannot do (after gazettement).”

He noted that the engagement and arriving at a decision are time-consuming and should not be rushed, since the matter comes with certain challenges.

Heritage listing under the act can impose some restrictions and controls on renovations and design, and may involve additional operating costs.

“It may also affect the running of the school. These matters need to be worked out.”

Fernandez’s remarks come amid calls by several quarters, including the National Parent-Teacher Association Consultative Council (PIBGN), to expedite efforts to have the school recognised as a heritage site.

Assoc Prof Datuk Mohamad Ali Hasan says if CBN is gazetted as a national heritage site under Act 645, it can be a model school for similar buildings to be gazetted. – Bernama pic, April 30, 2021
Assoc Prof Datuk Mohamad Ali Hasan says if CBN is gazetted as a national heritage site under Act 645, it can be a model school for similar buildings to be gazetted. – Bernama pic, April 30, 2021

Bernama on April 25 reported that PIBGN president Assoc Prof Datuk Mohamad Ali Hasan said it is important for the 122-year-old school to be gazetted as a national heritage in order for the site to be preserved, conserved and protected.

“Efforts by the government to propose the school as a national heritage site should be commended, an effort that should be supported by all quarters.”

On April 22, CBN was granted another 60 years on its land lease, following public outcry over the government’s initial refusal to extend the lease, which had been due to expire on September 6.

Ali said if CBN were to be gazetted as a national heritage site under Act 645, it could serve as a model school for similar buildings to be gazetted.

They include Malay College Kuala Kangsar, Women Teachers’ College in Melaka, Penang Free School, Maktab Sultan Abu Bakar in Johor Baru, and SMK King George V in Seremban.

Tourism, Arts and Culture Minister Datuk Seri Nancy Shukri previously said the National Heritage Department has been trying to get CBN gazetted as a national heritage site since 2008, but the school’s trustees turned down the plan.

Among the concerns raised is that the administrators – the mission school’s sisters – would lose control over the institution.

Tourism, Arts and Culture Minister Datuk Seri Nancy Shukri says the National Heritage Department has been trying to get CBN gazetted as a national heritage site since 2008, but the school’s trustees turned down the plan. – Bernama pic, April 30, 2021
Tourism, Arts and Culture Minister Datuk Seri Nancy Shukri says the National Heritage Department has been trying to get CBN gazetted as a national heritage site since 2008, but the school’s trustees turned down the plan. – Bernama pic, April 30, 2021

Despite the concerns, Fernandez said this may not be the case.

“(They may) not necessarily (lose control over the school). That’s why it’s better to discuss the matter with the department based on the National Heritage Act.

“They can see what they may get out of it, such as funding or other benefits.

“Bear in mind, though, that this is still an operational school, so they will have to work out whether tourists can come in and out of the area.”

Fernandez’s comments also follow a petition launched by some CBN supporters to gazette the school as a heritage site. 

The petition has gained over 27,000 signatures, but its creators suspended the drive following concerns raised about the heritage listing.

Fernandez said the land lease extension is “already a good deal”, and that the school is “safe” as it is part of the Kuala Lumpur City Plan 2020.

Prior to the lease extension, Malaysian Urban Design Association president Shuhana Shamsuddin said CBN has been identified as part of a series of heritage trails to be showcased under the KL Heritage Trail Master Plan, which has been presented to City Hall.

She said the school is one of 26 place markers, or buildings and sites that contribute to the history of an area, out of 13 heritage trails proposed.

“(Under the plan,) CBN has been categorised as a heritage school under these 26 place markers,” she told radio station BFM in an interview recently.

“The fact that we have CBN in the area is one way of protecting the (gazetted) forest (reserve) surrounding it.”

Lawyer Derek Fernandez says CBN’s land lease extension is ‘already a good deal’, and that the school is ‘safe’ as it is part of the KL City Plan 2020. – DBKL Watch Facebook pic, April 30, 2021
Lawyer Derek Fernandez says CBN’s land lease extension is ‘already a good deal’, and that the school is ‘safe’ as it is part of the KL City Plan 2020. – DBKL Watch Facebook pic, April 30, 2021

Shuhana said Bukit Nanas’ original land area measured some 17.5ha, but it has shrunk by nearly half to 9.3ha due to surrounding development such as the KL Tower.

What remains should be protected for future generations, she said.

My concern, like most people’s, is that if CBN is not ensured full protection from future pressure for development, the hill itself will also be threatened.”

CBN alumna Marina Yong declined to comment much, only saying it is up to the sisters to decide whether obtaining heritage status is the right course of action.

“I would suggest that the public give the sisters some time and space to review the situation. 

“They are the rightful party to comment on the matter.

“We don’t want to add to speculation on this issue.” – The Vibes, April 30, 2021

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