17. LAND DEALINGS WITH NATIVES

17. Land dealings with natives
(1) Except with the written permission of the Minister all dealings in land between non-natives on the one hand and natives on the other hand are hereby expressly forbidden and no such dealings shall be valid or shall be recognised in any court of law unless they shall have been entered into and concluded before the 16th day of January, 1883, or in the terms of the next following clause.
(2) Any non-native desirous of purchasing land from a native shall address his application to the Secretary of Natural Resources who, if he sees fit to sanction such purchase, shall, if the native owner consent, require such native owner to execute a memorandum of surrender of the title and shall fix the premium and rent at which the land shall be leased by the Government to the applicant and such new lease shall be issued under Part II or III.
(3) Nothing in subsection (1) or (2) shall be held to prevent dealings in land between any non-native and a native who is the holder of a lease issued under Part II or Part III in respect of such land.
(4) Notwithstanding the provisions of this section and of section 64 it shall be lawful for the owner of land held under the provisions of Part IV to execute a memorandum of charge over such land in favour of the Sabah Credit Corporation incorporated under the provisions of the Credit Corporation Enactment 1981 or any bank or finance company licensed under the provisions of the Banking and Financial Institutions Act 1989, any Islamic bank licensed under the provisions of the Islamic Banking Act 1983 or any other company or body corporate approved by the Yang di-Pertua Negeri,* and in such case the Corporation, bank or other authorised person, for the purposes of the registration of any such charge or the exercise of any legal powers yested in it by the terms of such charge or under the provisions of this Ordinance in respect of such charge shall have and may exercise all the rights and powers as if such land were charged to a native and may transfer its interest under such charge or, if thereto entitled, cause the land to be transferred to any such persons as, having regard to the conditions of title, may obtain registration of such transaction.

Subleasse of Native Title to non-native.
(5) Notwithstanding the provisions of this section and of section 64, it shall be lawful for the owner of land held under the provisions of Part IV to grant a sub-lease of such land to a non-native for a term not exceeding ninety-nine years.
* “Yang di-Pertua Negeri” substituted for “Yang di-Pertua Negara” by virtue of Enactment No. 17 of 1976.