Let the Federal Court decide

 

My comments:

The battle for O&G in the continental shelf off Sarawak’s shores FMT Reporters  -12 Nov 2024, 07:30 AM

 

Federation of Malaya, Singapore, Sabah and Sarawak signed MA63 (Malaysia Agreement in 1963) to form the federation of Malaysia.  When Singapore seceded in 1965, I wonder if MA63 is still valid?

 

When Sabah and Sarawak were still colonies of the British government, did they have the legal capacity to sign the international treaty on 9 July, 1963 in London? 

 

I guess that most of you must have the information of the case of the Chagos Islands in the tribunal in the International Court of Justice and the return of the said islands to Mauritius eventually. 

 

If said, it is valid; now let’s see whether Malaysia@Malaya in the Petronas’s claim of the full ownership of all petroleum resources up to 200 nautical miles off the coast of Sarawak to be theirs or not in the Petroleum Development Act 1974 (PDA74) passed in the parliament so off-balanced as it was not in agreement to 35% the federal seats allocated to Sabah and Sarawak accordingly. 

 

Did the parliament have the power to pass the law to alter the international treaty at will single-handedly though Sarawak had the representatives in the parliament without the consent of Dun of Sarawak? 

 

Do the parliamentary members from Sarawak have the power to decide the changes in the international treaty that can affect the interests and rights of Sarawak adversely in the parliament?

 

There are three entities in the federation of Malaysia@Malaya.  Malaya in the name of Malaysia wants everything for itself like a snake wanting to swallow a big elephant as said in the Chinese idiom.

(人心不足，蛇吞象)；always wants to take 9 out of 10.  It is a neo-colonialist in every aspect.

Sarawak is a nation, not yet independent and an entity having our own sets of law to protect the interests and rights of Sarawak in agreement to MA63.

 

In Sarawak, we have the Oil and Mining Ordinance (OMO) 1958 having the force of law in our own territory, of course, extending up to 200 nautical miles of our sea border.

 

Regarding Malaysia signing of United Nations Convention on the Law of the Sea (Unclos) in 1982 on behalf of Sarawak and Sabah and formally adopting as part of Malaysian law in Territorial Sea Act 2012, again they acted against MA63 without seeking the consent of the DUNs of Sarawak and Sabah to take-over.

 

Did you know that the United States of America has not signed the Unclos so far?  In other words, Malaysia, does not need to sign it at all.

 

All in all, I strongly believe that Sarawak should go to the Federal court to claim our ownership of our territorial waters up to 200 nautical miles and be prepared to go to the International Court of Justice to fix the mess.