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Wednesday, 17 June 2026

When landlords are held accountable

To rent or not to rent?: A ‘To Let’ sign displayed at a house in SS15 Subang Jaya.


PETALING JAYA: A landlord’s rented property could unknowingly become a base for vice and crime, but legal experts say there are ways for homeowners to escape liability.

Former federal Criminal Investigation Department (CID) assistant director Datuk S. Shanmugamoorthy said owners can only be held liable if authorities can prove they knew about the illegal activities and failed to act.

“If police want to act against the homeowner, there must be evidence that the owner was either directly involved, or was fully aware of the activities and failed to take necessary action to stop or report it,” he said.

Shanmugamoorthy, who is also a lawyer, said proving this could be a challenge for investigators.

“It is not easy to take action against homeowners or to prove they were aware. But there are areas that can be probed. This could include CCTV footage showing the owner visiting the premises, financial trails linking illegal proceeds to the owner’s bank accounts or witness accounts from neighbours,” he said.

He said complicating matters further is the growing trend of sub-letting.

Shanmugamoorthy pointed out that in many cases, the main tenant may not be involved in any wrongdoing but sublets the property to others who carry out illegal activities

“This creates multiple layers of tenancy, which makes it even harder to establish who knew what,” he said.

National House Rental Association (NHRA) president Prakash P. Kalivanan said most landlords rent out their properties in good faith.

“They should not be unfairly penalised for illegal acts of their tenants that were not in their knowledge,” he said.

However, Prakash said landlords should exercise reasonable responsibility and diligence when renting out their properties.

He stressed that having a documented tenancy agreement is one of the most important safeguards and failing to do so could expose owners to greater risk.

“This is why having a tenancy agreement stamped by the Inland Revenue Department is important for homeowners to safeguard themselves. Terms and conditions in the agreement that prohibit illegal activities will show that tenants have been clearly reminded and are bound by them,” he said.

Among the illegal activities the NHRA is aware of are cases involving illegal cryptocurrency mining, prostitution, loansharking activities, storing stolen goods and harbouring illegal immigrants.

To protect themselves, Prakash urged landlords to take precautionary steps including conducting background checks on tenants, carrying out periodic inspections and maintaining proper documentation such as identification records and payment history.

“If homeowners become aware of suspicious or illegal activities, they should immediately report the matter to the authorities,” he said.

Japan at a crossroads; inside unit 731


Unpopular move? Protesters hold placards and lights during a rally against Takaichi’s administration for its military expansion policies in front of the parliament building in Tokyo last month. — Reuters 
 

LAST Octo­ber Sanae Takai­chi became Japan’s first female leader of both the Lib­eral Demo­cratic Party (LDP) and the gov­ern­ment.

The “lib­eral” in the LDP actu­ally means con­ser­vat­ive. Takai­chi her­self belongs to the hard­line rightwing Nip­pon Kaigi fac­tion of the party.

Soon enough, she would come to brush against China. Respond­ing to a ques­tion, she said Japan would take mil­it­ary action if China moved on Taiwan and affected Japan’s interests.

That soured China-japan rela­tions, trig­ger­ing bit­ter WWII memor­ies of a rightwing mil­it­ar­ist Japan invad­ing, occupy­ing and com­mit­ting war crimes in China. Those wounds have yet to heal.

Mod­el­ling her­self after Bri­tain’s brazen first female Prime Min­is­ter Mar­garet Thatcher, Takai­chi was unapo­lo­getic. She fur­ther prod­ded Beijing by seek­ing to revise Japan’s post­war Con­sti­tu­tion to favour mil­it­ar­ism, and work­ing with the US and its allies to con­tain China.

Other coun­tries began to regard Takai­chi’s Japan as poten­tially revi­sion­ist, bent on white­wash­ing its his­tory of war atro­cit­ies and may even repeat them. So is Japan get­ting ready to remil­it­ar­ise?

At issue is Art­icle 9 of the Con­sti­tu­tion on Japan’s mil­it­ary forces, offi­cially the Self-defence Forces (SDF) after Japan’s sur­render in 1945. Takai­chi wants to remove the SDF’S con­sti­tu­tional con­straints to enable an assert­ive mil­it­ary pos­ture abroad.

That is chal­len­ging because it requires two-thirds major­it­ies in both the Lower and Upper Houses of the Diet. While the LDP lacks sup­port from the lat­ter, it is work­ing to boost mil­it­ary power, capa­city and reach in other ways.

For the first time since 1945, Japan par­ti­cip­ated prom­in­ently in this year’s Us-led Balikatan mil­it­ary exer­cises with live-fire drills in the South China Sea. Japan will also be export­ing lethal weapons, man­u­fac­tur­ing to scale and expand­ing mil­it­ary links abroad.

Must this mean Japan is return­ing to its mil­it­ar­ist past of a cen­tury ago? Much depends on the pre­vail­ing regional real­it­ies.

The US is encour­aging other coun­tries to play a big­ger regional defence role. This is as true for Asia as it is for Europe, and applies for both Repub­lican and Demo­cratic admin­is­tra­tions.

A 2012 Us-japan treaty would halve the 19,000 Mar­ines in Okinawa by return­ing them to Guam, Hawaii and the US main­land. Deploy­ments to the Phil­ip­pines tend to be more lim­ited and ad hoc.

In post-wwii East Asia, US mil­it­ary hege­mony is seen to keep the peace by remov­ing the need for Japan’s mil­it­ary build-up. The same applies with Ger­many in Europe.

However, US bipar­tisan policy is retrench­ing long-term regional mil­it­ary post­ings. Mil­it­ary forces will still be deployed for lim­ited mis­sions, such as in Iran or Venezuela, but major post­ings in far-flung regions are another mat­ter.

Regard­less of who is head­ing Japan’s gov­ern­ment, Tokyo will want to look more to itself for its defence role and com­mit­ments.

Unlike Ger­many, Japan is not seen by other coun­tries to have fully atoned for its imper­ial wars and the dev­ast­a­tion they unleashed. An unre­pent­ant rightwing leader now lead­ing an appar­ent mil­it­ary revival only exacer­bates Japan’s trust defi­cits.

Non­ethe­less, mod­ern East Asia’s real­it­ies would inhibit if not pro­hibit any ultra-nation­al­ist Japan­ese leader from return­ing to the coun­try’s imper­i­al­ist past.

Such an out­come will not be accept­able to West­ern powers because Japan­ese nation­al­ism is anti-west­ern. A rampant nation­al­ist Japan will ali­en­ate all other sig­ni­fic­ant powers in a more developed Asia and a more mul­ti­polar world.

Eco­nom­ic­ally, Japan’s best days are over so it has insuf­fi­cient resources to chal­lenge the sov­er­eignty of other global stake­hold­ers includ­ing Asia’s middle powers. Its eco­nomy has slipped below Ger­many’s and India’s to fifth place, and con­tin­ues slid­ing.

Socially and insti­tu­tion­ally, Japan­ese hawks may be in a minor­ity even in Japan. Groups and indi­vidu­als stage protests against per­ceived drifts towards mil­it­ar­ism, in a coun­try where dis­sent­ing voices mat­ter.

Even within the LDP and other main­stream insti­tu­tions, evid­ence of an exclus­ive, mono­lithic bloc favour­ing mil­it­ar­ism is sparse. The gen­eral pub­lic still tends to be averse to rad­ical con­sti­tu­tional changes.

Former Prime Min­is­ter Yukio Hat­oy­ama cri­ti­cised Takai­chi’s petty pop­u­lism, stress­ing that Taiwan’s status is China’s internal affair. Former Deputy Prime Min­is­ter Yohei Kono inves­ted a life­time in build­ing bridges with China.

Another former Prime Min­is­ter, Yasuo Fukuda, accepts rein­ter­pret­a­tion of Art­icle 9 without des­cend­ing into pop­u­list mil­it­ar­ism. In 2017, then Prime Min­is­ter Shinzo Abe declared that Japan was ready to cooper­ate with China in the Belt and Road Ini­ti­at­ive, des­pite Abe being another mem­ber of the LDP’S Nip­pon Kaigi fac­tion.

Pro­fessor Mike Moch­izuki says the way for Japan to work with a way­ward Trump-led US is not to ali­en­ate China, but instead to improve rela­tions with Beijing and deepen Tokyo’s stake in the region. Takai­chi also hap­pens to be reach­ing out to Asean coun­tries like Malay­sia in busi­ness deals, and this should be encour­aged.

Kono passed away last Monday, while fine-tun­ing new plans for cooper­at­ing with China. Whether Takai­chi’s real­ism will even­tu­ally out­live her pop­u­lism remains to be seen.

Bunn Nagara is dir­ector and senior fel­low of the Renais­sance Stra­tegic Research Insti­tute, and hon­or­ary fel­low at the Perak Academy. The views expressed here are solely the writer’s own.


By BUNN NAGARA
Bunn Nagara

Bunn Nagara is dir­ector and senior fel­low of the Renais­sance Stra­tegic Research Insti­tute, and hon­or­ary fel­low at the Perak Academy. The views expressed here are solely the writer’s own.

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Thursday, 28 May 2026

Ills of having no will, Never too late to write a will

 

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KUALA LUMPUR: Frozen inheritance assets has reached a staggering RM90bil, with experts attributing this to a lack of estate planning among Malaysians.

According to official statistics, the frozen assets include properties, shares, investments, and other capital belonging to deceased persons that cannot be distributed yet due to unresolved legal or administrative matters.

And if this does not pose a big enough headache, there is also the total in unclaimed money which stands at RM13bil.

ALSO READ: Planning ahead will save family the stress

The Accountant-General’s Department listed unclaimed money to include salaries, dormant bank accounts, insurance payouts, and deposits yet to be claimed by the rightful individuals; amounts range from several ringgit up to thousands of ringgit and more.

While frozen inheritance assets involve the estates of the deceased, unclaimed money can also entail living individuals.

Financial Planning Association of Malaysia general manager Alice Wong said many younger professionals and middle-income earners in the country still believe that estate planning is only necessary for the wealthy or elderly.

With such a mindset, many do not consider writing a will, she said.

“The reality is, if you have assets and dependants and a wish for how things should be handled after you are gone, a will is relevant,” she said in a recent interview.

Wong said cultural attitudes also play a role, as many families remain uncomfortable discussing death and inheritance matters.

She said many mistakenly believe that assets will automatically go to the “right people”.

“If you die without a will, your estate is distributed according to the Distribution Act for non-Muslims, which follows a fixed legal formula that may have nothing to do with what you actually want,” Wong pointed out.

She said another common misconception is that a will alone will allow families immediate access to assets.

“In practice, assets are often frozen upon death, and the will still needs to go through the courts to obtain a Grant of Probate before anything can be distributed,” she said.

A Grant of Probate is a court document that gives an executor – usually a trusted family member, friend or named lawyer – the authority to manage and distribute a deceased person’s estate according to the will.

Wong said some people also wrongly assume verbal promises or informal notes to be sufficient

“Spoken instructions and casual, unwitnessed writings carry no legal weight and are one of the biggest causes of family disputes after someone passes away,” she said.

Wong advised Malaysians to start with a legally valid will, review their Employees Provi-dent Fund and insurance or takaful nominations regularly, and keep proper records of assets and liabilities.

“Estate planning does not have to be overwhelming. Getting proper guidance early can save your family a great deal of stress and complications down the road,” she said.

Lawyer Joshua Kong said a common legal problem families face when someone dies without proper estate planning is disagreements over how inherited properties should be handled.

“The root of the problem is that a property suddenly has multiple new legal owners after the death, and these new owners disagree on whether it should be sold, or for how much,” he said.

Kong said a properly considered and drafted will could potentially prevent years of legal disputes among surviving family members.

“A will can dictate how the deceased’s properties are to be dealt with, including how it should be sold and who gets the proceeds of the sale,” he said.

If there is no will, Kong said distribution of assets for non- Muslims will instead follow the Distribution Act, which determines how an estate is divided among surviving family members.

He said disputes involving inherited properties could become increasingly complicated over time, especially when beneficiaries themselves die and their shares are transferred to the next generation of heirs.

“Those next of kin may have different ideas on how to deal with the property, and the cycle continues,” he said.

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Monday, 25 May 2026

Enhance fraud detection, checking banking fraud

 

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Calls for improvements in detecting suspicious banking transactions

The issue has come under renewed focus following a Sessions Court ruling ordering a bank to compensate a customer RM166,000 over suspicious online transactions that went undetected.

As scams evolve, banks are facing heightened urgency to identify unusual transaction patterns and act fast, particularly as fraudsters exploit human behaviour and then move in to breach banking systems.

At a Bank Negara workshop on consumer protection and fair conduct reforms, its officers said existing laws protect the confidentiality of customer information and personal data in the financial sector.

“Financial institutions are robust but there is always room for improvements,” the officers said yesterday.

They said enforcement actions had been taken in instances where breaches were identified, including requiring the institutions involved to implement corrective action plans.

The officers also said Bank Negara continued to monitor banks on consumer protection and compliance matters.

In its latest annual report, the central bank stressed the need to strengthen fraud detection systems and reinforce internal safeguards to combat sophisticated online scams.

The central bank said banks and non-bank financial institutions were required to adopt advanced fraud detection measures and strengthen internal safeguards to quickly intercept suspicious transactions.

It also stressed for a proactive approach to prevent fraudulent transactions from escalating.

The central bank said that in recent years, financial institutions had strengthened various security measures including tighter fraud detection rules and triggers, cooling-off periods for new device registrations and stronger authentication methods.

These measures contributed to a 52% decline in unauthorised fraudulent transactions involving malware and phishing reported in 2024, and prevented over Rm399mil in attempted fraudulent transactions, it said.

However, Bank Negara also acknowledged that fraud patterns were becoming increasingly complex and harder to distinguish from genuine customer activity.

Bank Negara said banks and consumers shared responsibility for safeguarding digital banking security, but reiterated that financial institutions had to determine whether weaknesses in their internal controls contributed to fraud incidents.

It also introduced the Selfcompensation Framework for Fraud Transactions (SEFT) under its Policy Document on Ensuring Fair Treatment for Victims of Unauthorised e-banking Transactions.

SEFT outlines how banks should assess fraud cases and determine compensation based on the responsibilities of both financial institutions and customers.

According to Bank Negara, more than 95% of online fraud cases in Malaysia involved authorised transactions – where victims were manipulated into willingly transferring money to scammers.

Federation of Malaysian Consumers Associations (Fomca) vice-president Datuk Indrani Thuraisingham agreed that banks should adopt more proactive intervention measures when transactions appear inconsistent with a customer’s normal behaviour.

“Banks are clearly not doing enough. Fraudsters now exploit human behaviour more than banking systems,” she said.

“Banks must transition from passive logging to active, pre-emptive intervention.”

https://www.thestar.com.my › nation › 2026/05/22 › sle...

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