Teng, Soo agree on supremacy of M’sia Agreement 1963
Soo makes references during her talk. — Photo by Tan Song Wei
This question was raised during the ‘Sarawak Rights’ forum jointly organised by Sarawak for Sarawakians (S4S), Sarawak Dayak Iban Association and Kuching Traditional Handicraft Society at Kenyalang Theatre here yesterday.
Former assistant minister Datuk David Teng, who was one of the three speakers at the forum, said no constitutional laws should supercede the special rights enshrined in MA63.
He stressed that it all depended on the subject matters since the agreement was signed way back in 1963.
“Not all rights are special rights, which the Federal Constitution should not take away. There is no way MA63 can cover everything as there are new things along the way.”
To another speaker, president of State Reform Party Lina Soo, there will be no Malaysia without MA63.
“If there is no Malaysia, there won’t be any Federal Constitution. Therefore, MA63 is the fundamental constitutional document before anything else.”
Earlier in her talk, Soo quoted the United Nations (UN) as saying that colonies were not empowered to sign any international treaty.
When MA63 was signed among the five signatories, she pointed out, only two of them were independent countries.
“The five signatories were Britain, Federation of Malaya, Singapore, Sarawak and Northern Borneo. Of these, only Britain and Federation of Malaya are countries (independent) while Singapore is a self-governing state and Sarawak and Nothern Borneo were colonies.
“Federal Constitution can be amended but MA63 cannot be amended unless all signatories go back to the negotiating table,” she said, adding that laws could not be passed in contravention of MA63.
At a question-and-answer session, she was asked whether MA63 was invalid since it had been signed by two colonies.
To this, Soo said the UN had stated that only nations could sign international treaties while colonies were not empowered to do so.
“It is like a nine-year-old who signs an agreement, which is not valid. Malaysia is a political reality. Whether the agreement is valid or not, only the court can decide.
“I believe this MA63 can be challenged in the British Court, a proceeding that will cost RM2 million.”
Responding to the same issue, Teng said MA63 could have been signed between independent nations Britain and Federation of Malaya.
The international treaty, which carried signatories of colonies such as Sarawak and Northern Borneo was one way of Britain showing the world that the colonies also indicated their consent, he said.
“Britain is one of the cleverest colonial governing nations. When Sarawak and Northern Borneo also signed the international treaty, they would say ‘You people also agreed’.
“Legally speaking, the lawful signatories should be only two — Britain and Federation of Malaya.”
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