(delivering the judgment of the Board): These appeals consolidated by Order of the Federal Court of Malaysia of February 4, 1979 were heard together. There is no significant difference between them either in point of fact or in the applicable law. Also the parties are agreed that the result of the first-named appeal will determine the fate of the second. Their Lordships accordingly recite only the facts of the first appeal but the advice which they will tender to His Majesty the Yang di-Pertuan Agong will apply equally to both appeals.

The appellant was at all material times a licensed housing developer under the Housing Developers (Control and Licensing) Act, 1966 ("the Act") and the Housing Developers Control and Licensing Rules, 1970 ("the rules"), made pursuant to section 24 of the Act.

In 1972 the appellant owned a large area of land situated at Taman Sri Tebrau, Johore Bahru, Johore, which it proposed to develop as a housing estate, erecting thereon some 1,720 houses of various types, making provision for roads and services for various community purposes. Late in 1972, with a view to attracting the attention of persons seeking to obtain by purchase reside