Constitutional talks - Final Conclusion of the UN Mission

Pursuing the second phase of the negotiations between the Sarawak Government and the Federal Government aka Malaya Government on the constitutional phase of the round-table regarding Sarawak rights, it was notably that the United Nations Malaysia Mission Report, “Final Conclusions of the Secretary-General,” on 14 September 1963 was missing. 

It must be seriously considered by all representatives from all partners that the FINAL conclusion of the UN Mission is the last pieces of the puzzled which legitimized the formation of the Federation of Malaysia inaugurated on 16th September 1963. Therefore, the findings of the mission must be included in the constitutional talks of the second phase of the negotiation.

The UN Mission concluded that;

"...Bearing in mind the fundamental agreement of the three participating Governments in the Manila meetings, and the statement by the Republic of Indonesia and the Republic of the Philippine that they would welcome the formation of Malaysia provided that the support of the people of the territories was ascertained by me and that, in my opinion, complete compliance with the principal of self-determination within the requirements of General Assembly resolution 1541 (XV), Principal IX of the Annex, was ensured, my conclusion, based on the findings of the Mission, is that on both of these counts there is no doubt about the wishes of a sizeable majority of the peoples of these territories to join in the Federation of Malaysia.

Thus, the compliance mechanism involving the framework of the Federation of Malaysia based on the UN Resolution 1541 must be addressed seriously. The framework entailed that the Federation of Malaysia is an International Trusteeship System where the British as the Trustee of the Borneo States (Sarawak and Sabah) transferred their trusteeship obligation to the Federation of Malaysia through Malaysia Act 1963 Chapter 35 to became a new Trustee of the Trust Territories of Sarawak and Sabah. The obligation arise thence must be pursue by the Sarawak Government, Sabah Government and the Federal Government acting on behalf of the Malaya/Malaysia Federation. 

Here, i would like the representatives of the negotiations to considered in their meetings such documents;

1. United Nation Resolution 1541.  "Principles which should guide members in determining whether or not an obligation exists to transmit the information called for under Article 73e of the Charter"

2. Malaysia Act 1963 Chapter 35

3. United Nations Resolution 2625 (XXV). Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations

4. United Nation Resolution 2200A (XXI). International Covenant on Civil and Political Rights

5. United Nation Resolution 2200A (XXI). International Covenant on Economic, Social and Cultural Rights

God-speed. 

Flexibility to nominate additional members for Technical Committee

Yesterday, on 26th June 2016, Minister in the Prime Minister’s Department, Nancy Shukri said the technical committee for addressing the compliance/non-compliance of the special interest of Sarawak and Sabah based on the recommendations of the Cobbold Commission, IGC Report and the Malaysia Agreement 1963 would comprise representatives nominated by the Sarawak and Sabah state governments together with the federal government’s representatives and historians from the two states.

It would be in our interest to give more flexibility in nominating the official/unofficial members for the technical committee to shoulders this important tasks to ensure that all aspect of Sarawak and Sabah special interest will be covered by each members of the technical committee. Flexibility to add more members or as many members as possible is one of the prerogative that was being employed by Sarawak in addressing the Inter-Governmental Committee way back in 1963. Therefore, it is advisable for the current Technical Committee, the composition of the official/unofficial members should be made as being as flexible as possible and be it varied from time to time as may seem desirable. A necessary flexibility also can be made by appointing an additional member as per required. All of such members will, of course, give all the advice and help which it is within their power to do, and will give the benefit of their experience in matters of the sort which will be discussed. By doing so, the weights of the tasks at hand can be share and the IMPLEMENTATION of the agreed terms can be accelerate on a fast-line track for the betterment of the people. 

In 1962, Council Negri of Sarawak (Dewan Undangan Negeri Sarawak) made a welcomes decision in principles for the establishment of the Federation of Malaysia SUBJECT to the special interests of Sarawak will be safeguarded.

All expert from our side must be invited especially who has a detailed understanding of the constitution arrangement for the formation of the Federation of Malaysia. The people of Sarawak must take a pro-active approach by giving their opinions, criticisms and monitoring the progress of such momentous moment for the betterment of Sarawak as a partner of the Federation of Malaysia. It must be re-emphasised here, the need for a spirit of goodwill and co-operation amongst members of the Technical Committee so that the interests of the people will be put paramount and safeguarded. 

It is the Technical Committee and its sub-committee that will have the task of safeguarding Sarawak's interest, and it is important, therefore, that the members of this Committee and of the sub-committees should be persons who can and will strive for the necessary IMPLEMENTATION of the safeguards and rights, but who will also be ready to approach the problems, not from the purely parochial interests of Sarawak, but from the broad long-term interest of the people of all the States concerned.

More frequent meetings of the legislative assembly must be made in order that it could hear reports of the progress made by Sarawak's representatives on the Technical Committee and sub-committees.

Here, we all must must get our expectation rights. The expectation from the technical committee is not to work out a mere constitutional arrangements as it has been done and agreed in 1963. Instead of figuring out the dispute and non-compliance of the agreed term, the committee must seek the IMPLEMENTATION of the agreed terms as being spelled out in the IGC Report, Malaysia Agreement 1963 and Malaysia Constitution. Do not give compromise for Sarawak rights as we already given for a ride for the odds 53 years!

By the way, it was not wrong to include the right to seccession in the current framework of the Federation of Malaysia as being proposed by several members of Council Negri in 1962 to ensure a full commitment for the IMPLEMENTATION and COMPLIANCE of the agreed terms.  

For Malaya, it will be vital for us all to remember that conflicting views and interests will have to be reconciled if a genuine partnership is to be form and continue. 

Sarawak - Revenue from LAND is due to the State

The State Government takes the position that Stamp duties for land which was taken away from us, mortgage or charge and other dealings in land, which are under the sole jurisdiction of the State by virtue of Item 2(2) in the State List, are part of the revenue from lands which is assigned to the State under Item 2 Part III of the Tenth Schedule. 

Revenue from land is due to the State. Any transaction relating to land be it transfer, mortgage, stamp duty thereof, the proceed must go to State and to that extent, the so called Federal Stamp Act is not applicable to us.

Such stamp duties, collected from land transactions registered under the Land Code, should be paid over to the State. 

The State Government will be making strong representations to the Federal Government to account for and paid over to the State, all stamp duties levied on dealings or transactions involving land. Constitutionally these revenues have been assigned to, and rightfully belonging to the State, should be paid into the State Consolidated Fund.

Adenan Satem

Chief Minister of Sarawak

15 Jun 2016

*“State List” means the Second List set out in the Ninth Schedule;

MALAYSIA 

Federal Constitution

PART III

SOURCES OF REVENUE ASSIGNED TO STATES

2. Revenue from lands, mines and forests.

On 24th June, 1954, when Sarawak was still a Colony, Queen Elizabeth II made the Sarawak (Alteration of Boundaries) Order in Council, the salient parts thereof reads, now this is very important:-

(a) The boundaries of the Colony of Sarawak are hereby extended to include the area of the continental shelf being the seabed and its subsoil which lies beneath the high seas contiguous to the continental waters of Sarawak. It means to include the territorial shelf Sarawak. That is what it means. It could be 200 miles, it could be 300 miles. There is a difference between the then boundary and the territorial boundary of shelf which ends and what is known as the continental slope where the

sea precipitately slope down instead of the plain continental shelf.

(b) Nothing in this order shall be deemed to affect the character as high seas of any waters above the said area as the continental shelf.

The Land Code of Sarawak which came into effect on 1st January, 1959 defines “state land” to include the seabed and subsoil which forms part of the continental shelf by virtue of the said Order made by the British Queen.

Red Letter Day - Delegation from the United Kingdom House of Commons

Parliamentary debates. Dewan Ra'ayat (House of Representatives)

2nd November 1963

Saturday

MOTION

ADDRESS OF THANKS TO HIS MAJESTY THE YANG DI-PERTUAN AGONG (OPENING OF NEW PARLIAMENT HOUSE)

Sir John Barlow, M.P. (Conservative) (Leader of the Delegation from the United Kingdom House of Commons):

The Federation of the States of Malaya, Singapore, Sarawak and Sabah in Malaysia is the result of statemanship of the highest order, and creates a new State in the Commonwealth.

From the foundations laid in the past a new State is now emerging, and we assure you that although you are 8,000 miles from Britain we shall never forget you. Responsibility remains with us to help you in your years of maturity, and we hope that the Chair which we bring today symbolises the authority of democratic government.

This system of government has served Great Britain for centuries in the past. May it serve you for centuries to come.

Mr T. Fraser, M.P. (Labour) (Member of the Delegation from the United Kingdom):

Mr Speaker, the United Kingdom consists of England, Scotland, Wales and Northern Ireland. The people of those four countries did not always work together so amicably. Sir John Barlow is proud to be an Englishman. Equally, I am proud to be a Scotsman (Laughter). We are both proud to be citizens and servants of the United Kingdom.

England and Scotland came together more than 250 years ago by voluntary agreement. Our coming together, under one Government and one Parliament, has proved to be of mutual benefit to both countries and, we hope, of benefit to other Commonwealth countries too.

I have found it interesting to recall this development because you are also bringing together diverse peoples in Malaysia. And interesting too, because after all those years, Mr Speaker in our House of Commons still takes care to ensure that the voices of all the countries making up the United Kingdom are heard in debate. 

No part of the whole community served by a Parliament should ever be given cause to feel that its point of view is unexpressed.

Pendirian Pembangkang Malaya terhadap penubuhan Malaysia (1963)

Parliamentary debates. Dewan Ra'ayat (House of Representatives)

2nd November 1963

Saturday

MOTION

ADDRESS OF THANKS TO HIS MAJESTY THE YANG DI-PERTUAN AGONG (OPENING OF NEW PARLIAMENT HOUSE)

Dr Burhanuddin bin Mohamed Noor (Besut):

"...Dalam Parlimen yang telah lalu, pehak2 Pembangkang ini telah mendzahirkan bagaimana perasaannya dan konsep pendirian pehak2 Pembangkang, dari pehak pembangkang ini terhadap penubohan Malaysia.

Tuan Yang di-Pertua, sekarang mulalah berjalan di-atas demokrasi berperlembagaan. Pehak parti pemerentah bersetuju pada Malaysia dan PEHAK2 PEMBANGKANG TELAH MEMBERIKAN BANGKANGAN YANG SIHAT, dan penoh merupakan ta'at setia kapada bangsa, negara dan ugama bagi kebaikan bangsa, dan bagi kebaikan negara dan ugama kita.

Itulah yang telah di-lahirkan dalam Parlimen Persekutuan Tanah Melayu dahulu yang sekarang dengan chara demokrasi berparlirnen, kita telah ada pula dalam Parlimen Malaysia ini.

Obituary: Sir Alexander Waddell

*Sir Alexander Waddell is the last British Governor of Sarawak

IN A career from cadet to governor, Alexander Waddell exemplified the finest characteristics of the Colonial Service.

Always respected, always liked, enjoying nothing better than the touring needed to learn about the people he served, he was straightforward, cool- headed, modest and kind, doing the job he loved to the best of his ability.

He was never in the grander colonies, but his experience of the problems of smaller ones was wide: Japanese occupation during the Second World War; the restoration of order and the rehabilitation of economics after it; guiding people unsure of their ability to compete in the world along the path to independence; a close encounter with Indonesian aggression; and, with the unhappy Banabans of the Gilbert Islands, wrestling with the aftermath of decisions taken long before.

Born in 1913, the younger son of the Church of Scotland Minister at Eassie, Nick Waddell (as he was known to family and friends) won a scholarship to Fettes and went on to read Classics at Edinburgh. Inspired by a Nyasaland missionary staying in the manse, he joined the Colonial Service in 1937 and was posted, not to Africa, but to the British Solomon Islands.

The Japanese invaded in February 1942, and in October that year Waddell (commissioned in the Royal Australian Naval Volunteer Reserve), was, with Captain Carden Seton, put ashore on the island of Choiseul (also in the Solomon Islands) by the US submarine Grampus as a "coastwatcher". This involved reporting shipping and aircraft movements, rescuing American airmen and harassing the Japanese garrison, which was over 4,000 strong. The coastwatchers and the rescued airmen formed the "Ancient Order of the Rubber Rafters of Choiseul", dedicated to inebriation on the anniversary of each man's rescue.

When Guadalcanal (the largest Solomon Island) was retaken in 1943, Choiseul was bypassed in the island-hopping strategy, so Waddell was there for 15 months. His total dependence on Solomon Islanders, not only for his safety but also for food, had a profound influence on his subsequent career. He knew that he was as dependent upon the peoples he served as they on him, hence his constant desire to repay the debt he owed.

Out of the Navy, he acted as Resident Commissioner in the Solomon Islands before joining the Malay Civil Service. He was posted to North Borneo in 1947, where he was responsible for the rehabilitation of the shattered economy and for development. He was identified as a highflyer, and in 1952 achieved his early ambition to go to Africa: first as Colonial Secretary in the Gambia (1952-56) and then as Colonial Secretary and Deputy Governor in Sierra Leone. Here he remained until 1960, during the last great decade of empire, presided over by two outstanding Secretaries of State, Oliver Lyttelton and Alan Lennox-Boyd, and culminating with Macmillan's "wind of change" speech.

It was a time devoted to preparation for self-government in which the West African colonies took the lead. Waddell played a key role in the reform of local government and constitutional development, as the pace accelerated with Ghanaian independence in 1957.

From Sierra Leone, in 1960 he went to be the last British Governor of Sarawak. Speaking in Malay at his installation, he quickly established himself by extensive touring of the interior and the warmth of the hospitality which he and his charming wife, Jean, offered at Astana, former palace of Rajah Brooke. Politically it was a difficult time. Plans for federation with Brunei and North Borneo were set aside in favour of incorporation into Malaya, arousing anger in Indonesia which led to years of border warfare.

By the early Sixties opportunities for talented governors were few but Waddell was appointed British Phosphate Commissioner, presiding, with commissioners from Australia and New Zealand, over the exploitation of phosphate-rich islands in the Pacific and Indian oceans.

One of these islands was Banaba (known as Ocean Island) in the Gilbert Islands. Waddell fought hard for recognition of the moral right of the displaced Banabans, who had been relocated in Fiji in the Thirties, to receive provision after phosphate had been exhausted.

The long-standing and unhappy dispute finally reached the High Court in London in the mid-Seventies where the case brought by the Banabans against the commissioners (Tito v Waddell), established a new record for civil proceedings of 106 days. Little was then solved, but Waddell's good relations and understanding helped to enshrine Banaban participation in independent Kiribati (as the Gilbert Islands became in 1979).

It was typical of Nick Waddell that this year he initiated and generously supported an appeal for a scholarship at the London School of Hygiene and Tropical Medicine in recognition of the debt owed by the colonial service to the peoples they served.

John Smith

Alexander Nicol Anton Waddell, colonial administrator: born Eassie, Angus 8 November 1913; Cadet, British Solomon Islands Protectorate, Colonial Administrative Service 1937, District Officer 1938, District Commissioner 1945, Acting Resident Commissioner 1945; DSC 1944; joined Malayan Civil Service 1946; Principal Assistant Secretary, North Borneo 1947-52; Colonial Secretary, Gambia 1952-56; CMG 1955, KCMG 1959; Colonial Secretary, Sierra Leone 1956-58, Deputy Governor 1958-60; Governor and Commander-in-Chief of Sarawak 1960-63; UK Commissioner, British Phosphate Commissioners 1965-77; married 1949 Jean Masters; died Cirencester, Gloucestershire 14 June 1999.

Harold Macmillan's "Wind of Change" Speech

Made to the South Africa Parliament on 3 February 1960: It is, as I have said, a special privilege for me to be here in 1960 when you are celebrating what I might call the golden wedding of the Union. At such a time it is natural and right that you should pause to take stock of your position, to look back at what you have achieved, to look forward to what lies ahead. In the fifty years of their nationhood the people of South Africa have built a strong economy founded upon a healthy agriculture and thriving and resilient industries. No one could fail to be impressed with the immense material progress which has been achieved. That all this has been accomplished in so short a time is a striking testimony to the skill, energy and initiative of your people. We in Britain are proud of the contribution we have made to this remarkable achievement. Much of it has been financed by British capital. … … As I've travelled around the Union I have found everywhere, as I expected, a deep preoccupation with what is happening in the rest of the African continent. I understand and sympathise with your interests in these events and your anxiety about them. Ever since the break up of the Roman empire one of the constant facts of political life in Europe has been the emergence of independent nations. They have come into existence over the centuries in different forms, different kinds of government, but all have been inspired by a deep, keen feeling of nationalism, which has grown as the nations have grown. In the twentieth century, and especially since the end of the war, the processes which gave birth to the nation states of Europe have been repeated all over the world. We have seen the awakening of national consciousness in peoples who have for centuries lived in dependence upon some other power. Fifteen years ago this movement spread through Asia. Many countries there, of different races and civilisations, pressed their claim to an independent national life. Today the same thing is happening in Africa, and the most striking of all the impressions I have formed since I left London a month ago is of the strength of this African national consciousness. In different places it takes different forms, but it is happening everywhere. The wind of change is blowing through this continent, and whether we like it or not, this growth of national consciousness is a political fact. We must all accept it as a fact, and our national policies must take account of it. Well you understand this better than anyone, you are sprung from Europe, the home of nationalism, here in Africa you have yourselves created a free nation. A new nation. Indeed in the history of our times yours will be recorded as the first of the African nationalists. This tide of national consciousness which is now rising in Africa, is a fact, for which both you and we, and the other nations of the western world are ultimately responsible. For its causes are to be found in the achievements of western civilisation, in the pushing forwards of the frontiers of knowledge, the applying of science to the service of human needs, in the expanding of food production, in the speeding and multiplying of the means of communication, and perhaps above all and more than anything else in the spread of education. As I have said, the growth of national consciousness in Africa is a political fact, and we must accept it as such. That means, I would judge, that we've got to come to terms with it. I sincerely believe that if we cannot do so we may imperil the precarious balance between the East and West on which the peace of the world depends. The world today is divided into three main groups. First there are what we call the Western Powers. You in South Africa and we in Britain belong to this group, together with our friends and allies in other parts of the Commonwealth. In the United States of America and in Europe we call it the Free World. Secondly there are the Communists – Russia and her satellites in Europe and China whose population will rise by the end of the next ten years to the staggering total of 800 million. Thirdly, there are those parts of the world whose people are at present uncommitted either to Communism or to our Western ideas. In this context we think first of Asia and then of Africa. As I see it the great issue in this second half of the twentieth century is whether the uncommitted peoples of Asia and Africa will swing to the East or to the West. Will they be drawn into the Communist camp? Or will the great experiments in self-government that are now being made in Asia and Africa, especially within the Commonwealth, prove so successful, and by their example so compelling, that the balance will come down in favour of freedom and order and justice? The struggle is joined, and it is a struggle for the minds of men. What is now on trial is much more than our military strength or our diplomatic and administrative skill. It is our way of life. The uncommitted nations want to see before they choose.

Kontrak Sosial tiada kaitan dengan Sarawak

Kontrak Sosial merupakan permuakatan di antara parti-parti politik di Malaya iaitu UMNO, MCA dan MIC yang mewakili kaum masing-masing iaitu Melayu, Cina dan India yang berlaku di Malaya sebelum Malaya merdeka pada tahun 1957. Jadi, Kontrak Sosial merupakan permuafakatan yang dibuat oleh parti-parti politik yang mewakili rakyat Malaya semasa pembentukan Persekutuan Malaya. Untuk makluman, tidak terdapat sebarang undang-undang atau dokumen yang pernah menjelaskan syarat-syarat Kontrak Sosial secara penuh. Faktanya, Kontrak Sosial hanyalah permuafakatan antara kaum yang dicapai sebelum merdeka melalui satu persetujuan di kalangan rakyat dan pemimpin yang terdiri daripada kaum Melayu, Cina dan India. Kontrak Sosial bukan lah undang-undang dan bukan lah perlembagaan bagi Persekutuan Malaya, apatah lagi untuk Persekutuan Malaysia yang ditubuh berasaskan Perjanjian Malaysia 1963. Maka, Kontrak Sosial langsung tiada kaitan dengan pembentukan Persekutuan Malaysia dan semestinya tiada kaitan dengan negara Sarawak. 

Persekutuan Malaysia ditubuhkan pada 16 September 1963 menerusi Perjanjian Malaysia 1963 yang dimeterai di London pada 9 Julai 1963. Perjanjian Malaysia merupakan perjanjian antarabangsa yang dibuat antara Kerajaan Malaya, Singapura, Sarawak, Sabah dan British. Darjat Perjanjian Malaysia 1963 lebih tinggi daripada Perlembagaan Malaysia itu sendiri dan semestinya jauh lebih tinggi daripada Kontrak Sosial yang hanya dibuat secara muafakat antara parti-parti politik di Malaya untuk Persekutuan Malaya sahaja. 

Kerana tinggi nya kedudukan Perjanjian Malaysia 1963 sebagai satu perjanjian antarabangsa, Perlembagaan Malaysia tidak dapat mengubah mana-mana terma dan syarat yang terkandung di dalam Perjanjian Malaysia 1963. Malah, Perlembagaan Malaysia wajib selaras dengan Perjanjian Malaysia 1963. Mana-mana perubahan yang dibuat di dalam Perlembagaan Malaysia yang berlawanan dan bercanggah dengan Perjanjian Malaysia 1963 merupakan satu perlanggaran undang-undang antarabangsa dan sekiranya perlanggaran tersebut menjadi "Pertikaian (Dispute)", boleh memecahkan negara-negara anggota yang menubuhkan Persekutuan Malaysia itu sendiri.

Kontrak Sosial, langsung tidak boleh menyentuh dan mengubah Perlembagaan Malaysia apatah lagi Perjanjian Malaysia 1963 sebab ia hanyalah permuafakatan antara kaum di Malaya dan dibuat antara parti-parti politik sahaja. 

Sekiranya pada hari ini, parti politik STAR, PBDS Baru dan PBK membuat permuafakatan, perlu kah satu negara mengikut dan mematuhi nya? Begitu juga permuafakatan bernama Kontrak Sosial tersebut, parti politk UMNO, MCA dan MIC membuat permuafakatan, terpulang kepada rakyat Malaya mahu ikut atau tidak. Ianya bukan lah undang-undang dan perjanjian.

Sarawak langsung tiada kaitan dengan Kontrak Sosial. Kontrak Sosial itu isu Malaya. Kontrak Sosial itu bukan isu Malaysia. 

The first motion - Territorial Sea Act

Tuan Speaker: 

I have received three motions. Ahli Yang Berhormat, I had received a motion dated 25th May 2016 from the Honourable Member for Batu Lintang. The first motion is on Territorial Sea Act. I shall therefore invite him to read up his motion. Member for Batu Lintang.

YB. Encik See Chee How: 

Thank you Tuan Speaker. My motion is as follows;

“WHEREAS On 20th May 2016, at the Asean-Russia Commerorative Summit in Sochi, Russian Energy Minister Alexander Novak said that the Russian state oil and gas firm Zarubezhneft “is exploring the possibility of acquiring the assets of the Malaysian Petronas.” The Russian state news agency Tass quoted the Minister:

“As for Zarubezhneft, it is studying opportunities to undertake projects in Malaysia” and “Zarubezneft has a lot of experience to enhance the effectiveness of existing fields, and offers its services and participation.”

On 8.12.2015, this Honorable Dewan had unanimously passed a motion expressing the state’s commitments to review federal acts, including the Territorial Sea Act 2012, the Continental Shelf Act 1966 and the Petroleum Mining Act 1966 which are deemed to have encroached upon the rights of Sarawak, particularly to our natural resources and constitutional territorial jurisdiction.

On 16.12.2015, this Honorable Chief Minister had affirmed that the constitutionally and legality of the aforesaid Acts as may involve altering the territorial boundary and jurisdiction of the State will be raised with the Federal Government.

Numerous Petronas oil and gas fields including those with existing Petroleum Sharing Contracts (PSC) signed are located within the territorial waters of Sarawak.

WHEREFORE, the Dewan resolves that:

This Dewan is committed to uphold the territorial integrity of Sarawak. Give notice to the federal government to clarify this matter and to assure this Dewan of the State’s power and rights to participate in all negotiations and to give prior consent for any future transactions affecting purportedly Petronas assets within Sarawak territory. Thank you.

Tuan Speaker: 

Ahli-ahli Yang Berhormat, Article 1(3) of the Federal Constitution states: “Subject to clause (4) the territories of each of the States mentioned in clause (2) are the territories comprised therein immediately before Malaysia Day.”

Prior to Malaysia Day, 16th September 1963, the territory of Sarawak is its current land territory, territorial waters, continental shelf adjacent and contiguous to its entire coastline. The territorial sea covers the superjacent waters, the sea bed and subsoil beneath the waters and what is called the Economic Zone.

In pursuance of the Colonial Boundaries Act 1895, the Sarawak (Alteration of Boundaries) Order in Council 1954 was made whereby “the boundaries of the Colony of Sarawak are hereby extended to include the area of the continental shelf being the seabed and its subsoil which lies beneath the high seas contiguous to the territorial waters of Sarawak.”

“This order in Council extends the boundaries of Sarawak so as to include the continental shelf beneath the high seas contiguous to the territorial waters of the colony.”

Parliament had passed the Territorial Sea Act 2012. Under Section 3 (3) of the Act which reads:-

“For the purpose of the Continental Shelf Act 1966 [Act 83], the Petroleum Mining Act 1966 [Act 95], the National Land Code [Act 56/65] and any written law relating to land in force in Sabah and Sarawak, any reference to territorial sea therein shall in relation to any territory be construed as a reference to such part of the sea adjacent to the coast thereof not exceeding 3 nautical miles measured from the low-water line.”

However, this Act must satisfy Article 2 of the Federal Constitution which reads:- 

“Parliament may by law –

(a) admit other States to the Federation;

(b) alter the boundaries to any State,

But a law altering the boundaries of a State shall not be passed without the consent of that State (expressed by a law made by the Legislature of that State) and of the Conference of Rulers.”

The Conference of Rulers has not consented to the Territorial Sea Act 2012. 

The State Government had made representations objecting to the said Act. This august House has not

consented to the said Act pursuant to Article 2 of the Federal Constitution.

In a debate on the motion unanimously passed by this House on 8th December 2015, Honourable Minister for Land Development, as he then was and Honourable Member for Baleh stated the State Government’s stand as recorded in Hansard dated 8th December 2015, page 23 as follows:-

“To review all legislations that affect the State’s rights to its natural resources or the exercise powers and functions in relation thereto under the Federal Constitution, within its boundaries and upon such review, to amend or repeal such legislation.”

On page 25 of the same Hansard the said Honourable Member continued:- “It has already commenced discussions with the Federal Government to address the issues and find solutions to: 

Review these Federal Laws, such as the Territorial Sea Act, 2012, the Continental Shelf Act, 1966, Petroleum Mining Act, 1966 and extension of the Merchant Shipping Ordinance 1952, amongst others which are deemed to have encroached upon the rights or the State especially, to its natural resources and constitutional jurisdiction.”

Hansard page 27: “To review and amend those Federal Laws which encroached in our State rights especially those relating to the natural resources of the State.”

In tandem with this stand of the State Government the Right Honourable Chief Minister reiterated the position of the State Government as repeated in Hansard dated 16th December 2015, pages 60 & 61:-

“The constitution provides that the borders of the State, the boundaries of the State cannot be altered without the consent of the legislature of that State. It may be that the Territorial Waters Act and Continental Shelf Act and the Petroleum Development Act infringe on the territorial boundary of Sarawak.

That is the question that has to be decided if I am given time, I cannot do it within the next few months and if you give me more time I can raise that matter. That is what we want in Sarawak, you are the first to raise the matter, if you want to join the band wagon, you are welcome.

At the last sitting, now the Honourable Member for Batu Lintang is here, I want to inform you Sir that the matter you raised regarding the Territorial Waters Act and the Continental Shelf Act and the Petroleum Development Act which might involve altering the boundaries of the State which requires the consent of the legislature of the State, we will look into this matter and raise it with the Federal Government.”

The State election had just concluded. It is the same State Barisan Nasional Government with a bigger and stronger mandate. Portfolios have changed but the stand of the State Government on this issue remains steadfast and the pursuit of this goal and stupendous task will be given an added zest and zeal.

The necessity of debating it again does not arise. As for the purported sale of Petronas’s shares to a Russian Company, this had been categorically denied by Petronas as reported in The Borneo Post dated 26th May 2016.

To discuss on this matter would be academic.

This motion violates Standing Order 23(6), which reads:-

“No motion relating to a matter contained in the Federal Legislative List shall be in order.” 

The Right Honourable Chief Minister will give a full detailed deliberation on this subject in his winding up address.

INDUSTRI CARIGALI DI SARAWAK

Y.B. Ir Christopher Gira Anak Sambang bertanya kepada Menteri Pembangunan Perindustrian dan Keusahawanan, Perdagangan dan Pelaburan: 

Mengapakah keutamaan tidak diberikan kepada anak Sarawak dalam industri carigali di Sarawak?

Menteri Muda Ekonomi Luar Bandar (Kawasan Pesisir) dan Perikanan dan Menteri Muda Pembangunan Perindustrian (Pelaburan dan Promosi) (Y.B. Datuk Haji Julaihi Bin Haji Narawi): 

Terima kasih Tuan Speaker dan juga kepada Yang Berhormat bagi Tamin. Untuk makluman Ahli Yang Berhormat bagi Tamin, PETRONAS sentiasa komited dengan pembangunan modal insan dan memberi keutamaan kepada anak Sarawak selari dengan perkembangan operasi syarikat terutamanya di sektor huluan (upstream). Sebagai contoh, jumlah pekerja sektor huluan di Sarawak telah meningkat 10% kepada 4,400 pada tahun 2016 berbanding 4,000 pada tahun 2015. Daripada 4,400 tenaga pekerja tersebut, 71% adalah anak Sarawak. Maknanya majoriti daripada 4,400 orang tenaga pekerja itu adalah anak Sarawak iaitu sebanyak 71%. Daripada jumlah pertambahan 400 orang yang saya sebut tadi, 313 orang adalah graduan daripada INSTEP (Institut Teknologi Petroleum PETRONAS) yang merupakan anak Sarawak. Terima kasih.

Y.B. Ir Christopher Gira Anak Sambang: (Supplementary Questions) Tuan Speaker, saya ada dua soalan tambahan.

(a) What are the effort undertaken by PETRONAS on the education and human capital development for Sarawak in order to prepare anak Sarawak for their career and the oil and gas industry?

(b) Why is there an increase on the manpower of the upstream sector despite that challenging and operating environment in the oil and gas industry?

Menteri Muda Ekonomi Luar Bandar (Kawasan Pesisir) dan Perikanan dan Menteri Muda Pembangunan Perindustrian (Pelaburan dan Promosi) (Y.B. Datuk Haji Julaihi Bin Haji Narawi): 

Terima kasih Yang Berhormat bagi Tamin. Untuk menjawab soalan yang pertama, I would like to inform Ahli Yang Berhormat for Tamin that PETRONAS has indeed several initiatives under its education and human capital development which includes the following:

(a) A total of 643 Sarawakian have received the Petronas Education Sponsorship Programme (PESP) since 2003;

(b) University Petronas (UTP) has produced a total of 596 graduates from PETRONAS since 2003; and

(c) A total of 1862 anak Sarawak have graduated from Institut Teknologi Petroleum Petronas since 2007.

PETRONAS in fact remains committed in the education and human capital development for Sarawak. So there are several initiatives taken by PETRONAS to answer your first supplementary question.

To answer your second supplementary question, yes we agree that the environment is not favorable to the oil and gas industry currently. However, Sarawak remains a key investment State for PETRONAS and the workforce requirement will continue to grow because Sarawak is an important State with PETRONAS. 

PETRONAS is committed on the capability building of Sarawakian in tandem with its future development. For the information of Ahli Yang Berhormat for Tamin as well, the upstream operation is growing with the establishment of Sarawak gas office and the commencement of a Train 9 and floating LND1 operation and this is the reason why even though the environment is not favorable, there is an increase in the recruitment of Sarawakians in the oil and gas industry especially in the upstream sector. Thank you.

############################################################

PETRONAS HAS NO RIGHTS TO OPERATE IN SARAWAK TERRITORIAL WATERS

Continental Shelf Act 1966 and the Petroleum Mining Act 1966 was enforceable in Sabah and Sarawak because it was enforcable due to Emergency gazettes. Once Emergency was lifted these powers becomes void. Therefore the Continental Shelf Act 1966 and the Petroleum Mining Act 1966 is NOT enforceable on Sabah and Sarawak Continental Shelf any longer.

When the Prime Minister lifted the Emergency Proclamations in 2011, the laws and gazettes, which were used to grab the Continental Shelf and territorial waters of every state in Malaysia, were annulled as well. By right, the ownership of the Continental Shelf is no longer with the Federal Government but with the respective state government.

”the National Land Code [Act56/65] and any written law relating to land in forced in Sabah and Sarawak” means this Act needs the approval of the Dewan Undangan Negeri of every state before it can be applied, this is because LAND is a State Matter.

The Federal Government no longer has ownership over the Continental Shelf. 

Therefore the Federal Government no longer has anything to transfer to PETRONAS according to Section 2 (1) of the Petroleum Development Act 1974 (PDA74) and no longer has the rights to execute the Vesting Instrument provided for in Section 2 (2) of PDA74. 

The position and operations of PETRONAS is now questionable. In addition, all the Petroleum Sharing Contracts (PSCs) is also questionable. Which law is PETRONAS currently using to maintain its status quo? 

IF PETRONAS is illegal then is the Federal Government protecting its own company and supporting its illegal activities?

Pertanyaan-Pertanyaan Bagi Jawapan-Jawapan Lisan II

Pertanyaan-Pertanyaan Bagi Jawapan-Jawapan Lisan

UCAPAN TUAN YANG TERUTAMA YANG DI-PERTUA NEGERI SARAWAK

*Teks pilihan

Tun Pehin Sri Haji Abdul Taib Mahmud: 

Bismillahirahmanirahim, assalamualaikum warahmatullahi wabarakatuh dan salam sejahtera.

Tuan Speaker, saya amat bersyukur kerana pilihan raya Negeri kesebelas telah dilaksanakan dengan jayanya. Penyertaan pelbagai parti politik dalam pilihan raya Negeri kali ini telah membuktikan bahawa amalan demokrasi berjalan dengan baik di Negeri kita ini. Kita patut sama-sama berasa bangga kerana ini.

Rakyat Negeri Sarawak telah melaksanakan tanggungjawab masing-masing dalam proses pilihan raya Negeri. Pilihanraya Negeri kali ini juga menunjukkan kematangan rakyat kerana jelas mereka telah menolak sebarang bentuk politik yang boleh memecah-belahkan masyarakat dan menggugat keharmonian yang sedia terjalin di Negeri ini.

Rakyat Negeri ini juga mahukan sebuah Kerajaan yang dapat membela nasib dan masa hadapan mereka serta merancakkan pembangunan dan membawa kesejahteraan yang berterusan.

Saya ingin mengingatkan bahawa masih banyak lagi perkara yang perlu dilakukan untuk membawa Negeri Sarawak ke tahap pembangunan yang lebih tinggi.

Kerajaan Negeri yang kuat dan stabil juga sudah semestinya akan membolehkan Negeri Sarawak untuk terus mendapat perhatian dan sokongan penuh daripada Kerajaan Persekutuan, khususnya dalam menambah peruntukan pembangunan yang amat diperlukan oleh Negeri ini.

Manifesto Barisan Nasional telah diterima dengan baik oleh rakyat. Manifesto yang komprehensif ini menyentuh pelbagai aspek pembangunan sosio-ekonomi, pemeliharaan alam sekitar serta mempertahankan hak rakyat dan Negeri Sarawak di dalam Malaysia.

Tuan Speaker, dalam usaha untuk membangunkan Negeri Sarawak, hubungan rapat di antara Kerajaan Negeri dengan Kerajaan Persekutuan adalah sangat penting. Negeri Sarawak masih memerlukan perhatian yang khusus daripada Kerajaan Persekutuan, terutamanya dalam penyediaan peruntukan untuk pembangunan infrastruktur asas seperti jalan raya, bekalan air dan elektrik, kemudahan kesihatan dan kemudahan pendidikan.

Saya yakin hubungan dan kerjasama rapat yang sedia terjalin akan memudahkan usaha kedua-dua belah pihak untuk berbincang terutamanya mengenai keperluan pembangunan di Negeri Sarawak yang perlu sangat dengan pembangunan. Menerusi mandat besar yang diberikan oleh rakyat dalam pilihan raya Negeri yang Kesebelas, ia akan membolehkan Kerajaan Negeri berbincang dengan Kerajaan Persekutuan secara lebih berkesan bagi mengimbangi tahap pembangunan di antara Sarawak dan negeri-negeri di Semenanjung Malaysia.

Saya ingin mengucapkan penghargaan dan terima kasih saya kepada Yang Amat Berhormat Perdana Menteri dan Kerajaan Persekutuan atas keperihatinan dalam memenuhi keperluan Negeri Sarawak yang perlu dihebatkan untuk mencapai persamaan dengan Negeri- Negeri yang sudah maju di Semenanjung.

Sumpah ikrar

Saya, Adenan Bin Haji Satem, setelah dipilih menjadi Ahli Dewan Undangan Negeri bagi Negeri Sarawak, adalah dengan sesungguhnya berikrar bahawa saya akan menunaikan kewajipan-kewajipan saya sebagai demikian dengan jujur dan dengan segala daya upaya saya, bahawa saya akan menumpahkan taat setia yang sejati kepada Negeri Sarawak dan kepada Persekutuan Malaysia, dan bahawa saya akan memelihara, melindungi dan mempertahankan Perlembagaan Negeri Sarawak dan Perlembagaan Persekutuan.