Its honorary secretary-general, Chang Kim Loong, said the association does not oppose measures against those found guilty of breaching provisions under the Housing Development (Control and Licensing) Act 1966 (Act 118).

However, he said, housing and local government minister Nga Kor Ming’s proposal cannot be extended to impact members of their families who are not personally guilty of any wrongdoing.

“(Nga’s) reasoning is no different from loan sharks going after the innocent family members of a borrower,” he said.

Two lawyers also disagreed with the proposal, with one saying it was unconstitutional.

Rajesh Nagarajan said barring innocent family members would be in breach of Article 5(1) of the Federal Constitution, which states that “no person shall be deprived of his life or personal liberty save in accordance with law”.

“Is a person to be punished purely by virtue of being family? Does the minister propose to punish the innocent?” he said, expressing shock at Nga’s proposal.

Rajesh also questioned if the proposal was limited to immediate family members or whether Nga is seeking to cast the net wider to encompass the wrongdoer’s extended family.

Former Malaysian Bar president Salim Bashir said liability should not be imputed on family members unless they are themselves guilty of offences against house buyers.

“The traditional legal perspective recognises that the mere existence of a familial relationship should not automatically render all family members legally liable for the wrongdoing of one of them.

“(It must) be proven they owe a duty of care or abetted in the illicit and unjust situations against the house buyers,” he said.

Last week, Nga said his ministry planned to amend the Housing Development (Control And Licensing) Act, 1966 to tighten conditions for developers.

He said one proposed amendment was to bar developers of abandoned housing projects from exiting the country.

“They will be blacklisted – not only the developers themselves but also their families,” he said.