1. At the time our leadership signed the Malaysia Agreement, did we already have a democratic government formed through elections, or were we still under the British Colonial Government of North Borneo/British Colonial Government of Sarawak?
- **North Borneo (Sabah) and Sarawak** were still under British colonial rule when the Malaysia Agreement was signed in 1963. The first elections in these territories were held after the signing of the agreement.
2. Did we choose our leadership through general elections across North Borneo (Sabah)/Sarawak?
- **No.** The first state elections in Sabah were held in 1967, and similar processes occurred in Sarawak around the same time. Therefore, the leadership that signed the agreement was not chosen through a general election.
3. If yes, how many parliamentary or state assembly seats did we have at that time?
- **Not Applicable.** Since the leadership was not elected through general elections, there were no parliamentary or state assembly seats directly representing the people's will at the time of signing the agreement.
4. Who was our Prime Minister or Chief Minister at that time before the signing of Malaysia Agreement on 9th July 1963?
- **North Borneo (Sabah) and Sarawak** did not have a Prime Minister or Chief Minister prior to the Malaysia Agreement, as they were under British colonial administration.
5. Who were the members of our cabinet at that time?
- There was **no local cabinet** in North Borneo (Sabah) and Sarawak before the Malaysia Agreement. The British colonial administration held authority.
6. Did our state assembly or parliament already have the three fundamental democratic powers: Legislative, Judiciary, and Executive?
- **No.** The territories were under British colonial rule, and the British administration held the legislative, judicial, and executive powers.
7. Who was the Head of State at that time?
- The **Governor of North Borneo and the Governor of Sarawak** were the heads of state, representing the British Crown.
8. Were the leaders who signed the Malaysia Agreement in 1963 our legitimate representatives, elected democratically, or were they hand-picked by the British?
- The leaders who signed the Malaysia Agreement were largely **appointed or hand-picked by the British** administration, rather than being democratically elected representatives.
9. Before signing the agreement, did we already have a parliament or state assembly to debate its contents, like Malaya did a year before signing it?
- **No.** There was no established parliament or state assembly in North Borneo (Sabah) and Sarawak to debate the contents of the Malaysia Agreement prior to its signing.
10. Did our leadership approve the Malaysia Agreement 1963 document in Parliament or the State Assembly?
- **No.** There was no parliament or state assembly in place in North Borneo (Sabah) and Sarawak to formally approve the Malaysia Agreement.
11. How many supported it, and how many opposed it?
- Since there was no parliament or state assembly to debate the agreement, there are **no official records** of support or opposition among representatives.
12. Was our leadership directly involved in the process of preparing the document?
- The leadership from North Borneo (Sabah) and Sarawak had **limited involvement** in the actual drafting and preparation of the Malaysia Agreement document. The process was largely driven by the British and Malayan governments.
Conclusion
Based on the historical context and international legal principles, the validity of the Malaysia Agreement 1963 is questionable. The lack of a democratic process, insufficient representation, and absence of local legislative approval undermine the legitimacy of the agreement. These factors provide a strong basis for arguing that the agreement did not fully comply with the standards of genuine consent and self-determination required under international law, thus potentially invalidating the agreement from a legal perspective.
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