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Lawyer calls Petronas’ actions ‘huge slap to Sarawak’

June 6, 2018, Wednesday

Lau (left) and Tiew at the press conference.

SIBU: Petroliam Nasional Bhd (Petronas) has been slammed for seeking legal redress on its oil and gas resources in the Federal Court.
On Monday, Petronas filed an application before the Federal Court seeking a declaration on the Petroleum Development Act 1974 being the law applicable for the petroleum industry in Malaysia, including in Sarawak.
“Therefore, the fact that this national oil corporation thinks it is justified to demand such a court declaration from the Federal Court in Putrajaya is a huge slap to Sarawak,” lawyer Priscilla Lau told a press conference yesterday.
Lau said this showed Petronas did not consider Sarawak an equal partner in the formation of Malaysia and that the Malaysia Agreement 1963 (MA63) does not matter.
“If Sarawak is an equal partner, as she rightly should be as provided under MA63, then she should have exclusive rights to her seas and the resources thereto.
“To deny Sarawak of her seas and resources is to outright deny the existence of MA63. So if MA63 is invalid, then there will be no Malaysia,” she argued.
According to Lau, Sarawak’s hope of being treated as an equal partner in Malaysia has been set back by Petronas’ actions.
“Being an equal partner is not a mere state of the Federation of Malaysia, but having the right under the United Nations Convention on the Law of the Sea to sovereignty over 200 nautical miles of exclusive economic zone (EEZ) with respect to natural resources and certain economic activities, and exercise jurisdiction over marine science research and environmental protection,” Lau said.
She added the issue of Sarawak being an equal partner needs no argument as both Barisan Nasional (BN) and Pakatan Harapan (PH) had stated this clearly in their election manifestoes.
“Under their manifestoes, one of their order of the day, if in government, would be to restore Sarawak’s status as an equal partner of three ‘negara’ in the Federation of Malaysia,” she said.
Also at the press conference was businesswoman Jamie Tiew.
Both Lau and Tiew stood as Sarawak Peace Party candidates for Lanang and Sibu respectively in the recent parliamentary election.

theborneopost.com

Has Sarawak been shortchanged?

The Borneo Post Team, reporters@theborneopost.com

File photo

       HAS the PH government broken its promises to the people of Sarawak and Sabah vis-à-vis its Pakatan Harapan Book (Buku Harapan), outlining the four-party coalition’s election manifesto?
        As events unfolded with the first bombshell dropped on Sarawak on Monday by Petronas in a suit, seeking legal redress to its oil and gas rights in the state, let us take a look specifically on petroleum rights.
       First, let it be known that Petroleum Development Act 1974 (PDA 1974) empowers the Prime Minister to make regulations for the purpose of putting into effect the provisions of PDA 1974 in the conduct or the carrying on of any business or services relating to the explorations, exploitations, winning or obtaining of petroleum.
        With such a provision in place, we shall take it that Petronas’suit has been filed with the blessings of the PH government.
In Buku Harapan, extract of Promise 41 says:
        To ensure the prosperity of the people of Sabah and Sarawak by enhancing the States’ economic growth, Sabah and Sarawak are rich in natural resources, such as oil, gas and timber. But the wealth of Sabah and Sarawak has been exploited and plundered by UMNO and Barisan Nasional to enrich the peninsula, while the East Malaysian states remain among the poorest in Malaysia. This inequality will cease when Pakatan Harapan comes to power.
       Our government will increase petroleum royalty to Sabah and Sarawak to 20 per cent or equivalent as a first step in distributing petroleum revenue equitably. This will enable Sabah and Sarawak to take over responsibilities for more development expenditure.
       The 1974 Petroleum Development Act will be scrutinised to review Petronas’ monopoly on national gas and oil products, especially from Sabah and Sarawak. This is to enable Sabah and Sarawak to set up their own oil and gas companies and not limiting their role as a contractor to Petronas only.
      To ensure that Sabah and Sarawak oil and gas products can be utilised for the long run, entities similar to the National Trust Fund (KWAN) can be set up in Sabah and Sarawak after studying more sustainable models like in Norway and Alaska.
Under Promise 40, the PH government will set up a Cabinet Committee to review and monitor the fair implementation of the 1963 Malaysia Agreement (MA63) within the first 100 days of its administration.
       The Commission will consist of representatives from the Peninsula, Sabah and Sarawak who have expertise in relevant matters and who will give detailed reports to the government within six months from the date of establishment, for immediate execution.
       By virtue of these promises, coupled with the fact that a Cabinet Committee Review is yet to be conducted and that Petronas, which reports only to the Prime Minister, has chosen to go to the Federal Court (the highest court) to address the issue, the PH government has failed the people of Sarawak.
      The chairmen of the three PH component parties in the state – DAP, PKR and Amanah – have jointly issued a statement to the effect that the Sarawak government has to swallow the bitter pill for not heeding the suggestions of the opposition assemblymen to challenge the legality of PDA 1974.
     Batu Lintang assemblyman See Chee How has also issued a separate statement, blaming the state government for its arrogance, gross negligence and erroneous judgement in refusing to seek judicial declaration on the unconstitutionality of the    Territorial Sea Act (TSA) 2012 and the lapse and nullity of the PDA 1974.
       Regardless, what does this judicial application by Petronas imply? In See’s own words, in the present judicial application by Petronas, they have assumed the constitutionality and legality of the PDA1974, and Petronas is contending that it can apply all the PDA provisions in Sarawak to gain full ownership of all oil and gas resources within the territory of Sarawak.
       PH state assemblymen have time and again stated that both PDA1972 and TSA2012 are unconstitutional. As such, in the name of good and fair governance, isn’t it incumbent upon the new PH government to move a bill in Parliament to repeal these Acts?
       And for that matter, will PH Sarawak also apply to the Federal Court to intervene and object to Petronas’ application?
       If not, the pertinent question that will be asked is “Has PH broken its promises to Sarawak?”
      It is also fitting to note that newly-minted Attorney General Tommy Thomas had appeared for PAS in Kelantan and Terengganu on oil royalty cases against Petronas and the federal government.
      Since PH has been in government for less than 30 days, we perhaps have to give it another 70 days to see whether or not the promised Review Committee will be set up within the first 100 days of the PH administration as promised.
       As for the matter at hand, the act of resorting to court action (assuming with PM’s blessing) on the part of Petronas is rightly seen as living up to the common saying that “promises are made to be broken” given that bilateral consultations and negotiations are by far the better option.

My comments:
If PH government shows no respect towards MA63 and those promises in their manifestoes, they will have to face the peak and fall in the next next election, if not earlier.  We should relay Sabah to secede for good.

theborneopost.com

Get two Acts null and void

Rintos Mail, reporters@theborneopost.com

Sarawak govt asked to file motion to declare TSA unconstitutional, PDA nullified

See (right) and Saratok MP Ali Biju at the press conference.

KUCHING: The Sarawak government should file a motion in court to declare the unconstitutionality of the Territorial Sea Act (TSA) 2012 and the lapse and nullity of the Petroleum Development Act (PDA) 1974.

Batu Lintang assemblyman See Chee How said seeking judicial declaration on both Acts was one of the most crucial things that Sarawak must now do.
He said Sarawak’s legal contention should rightly be mounted on the constitutionality of the TSA, the legality and enforceability of the PDA 1974, which was part of the regime of the Emergency Orders proclaimed in 1969, and has since been revoked in 2011.

He added it was also pertinent for Sarawak to challenge the constitutionality and legality of the Tripartite Agreement signed between the Federal Government, the Sarawak Government and Petronas vesting Sarawak’s rights over all its petroleum resources to Petronas.

“While you will have to file your defence against Petronas’ application, you must also go to court and file your application to declare that TSA is unconstitutional, null and void and that PDA 1974 is invalid as far as Sarawak is concerned, and is not binding on Sarawak provision.

“You must have both of these done. We have to be very careful, we must take it very seriously, we must quickly get it done to make sure that the interest of Sarawak is protected,” he told a press conference at Stampin
PKR service centre here yesterday.

He said because Petronas’ right over oil and gas in Malaysia is well interpreted in the PDA, elected representatives in the Sarawak opposition camp and concerned non-government organisations (NGOs) earlier on kept on saying and telling the Sarawak government that they must seek declaration in the court.

“You have to seek judicial declaration, to say that it is no longer active, valid to bind Sarawak. You must have all these done. I think the Sarawak government is very arrogant and there is gross negligence on their part, and erroneous in judgment in making their decision.

“That is the reason why we are now in a very precarious position. We can’t afford to have anymore margin of error because once the whole thing is declared, and if it is in favour of Petronas, we will lose everything that we have,” he said.

See added it was very important for the Sarawak government to bring in the TSA and looking at the validity of Petronas in PDA instead of just interpreting the provision in PDA because the whole thing is working against Sarawak.

He added there were gross negligence and erroneous in the Sarawak government’s judgment because its leaders believe BN would not fail and that Datuk Seri Najib Razak would still be prime minister. They believed that whatever they say was true; that Najib would return everything to them.

“That is their belief. They created this belief in themselves that they just have to amend the Oil Mining Ordinance, add in some more safeguards and then they will be able to bind Petronas, which cannot be the case.

“It is also their gross negligence over the last 18 months that they have failed to follow up with Putrajaya on the reference that was made by the late chief minister to annul and amend the provisions in the TSA and PDA,” he
said.

See said the whole thing proved that BN, which had ruled Sarawak for last 55 years, had totally failed to safeguard Sarawak’s interest.

He claimed that Sarawak’s sea territories were being indiscriminately exploited economically for their (Petronas) own benefit, which the Sarawak government could not do anything about.

“Now, at least with the new government, and with its manifesto, we can look into the devolution of legislative, executive and fiscal powers to Sarawak and Sabah.

“On the PDA, the Pakatan Harapan government has promised that it will be scrutinised and to review Petronas’ monopoly on the country’s gas and oil products, especially from Sabah and Sarawak.

“This is to enable Sabah and Sarawak to set up their own oil and gas companies, and not limiting their role as a Petronas contractor,” he said

Like all Sarawakians, See said he could only hope that the Sarawak government must win this case in the interest of Sarawak.

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  My comments: 
  We cannot rely on these Sarawak PH leaders to do much.  What they do now is to blame the Sarawak government for not acting faster than Petronas to file in the Federal Court to nullify PDA and TSA.  
  
  Please bear in mind what is ours is ours.  Filing the unconstitutional Acts in the Federal Court to undo them is believed by the lawyers to be the right move to establish our rights that have rightfully ours but were robbed by hook and by crook in the unconstitutional Petroleum Development Act against MA63.  
• If these PH leaders care for the rights of Sarawak, they should withdraw from PH coalition for good.  In my eye, it has been a mistake to run in this so called 'national election' in GE14 which meant so little to us.  
• Actually, we should not have engaged ourselves in this mad rat-race for nothing.  

theborneopost.com

Time for all Sarawakians to stand up for our rights – Tiong

Datuk Seri Tiong King Sing

KUCHING: All Sarawakians, regardless of political affiliation, must stand behind Chief Minister Datuk Patinggi Abang Johari Tun Openg in facing the challenge by Petronas over the ownership of petroleum resources in Malaysia.
This rallying call was made by Progressive Democratic Party (PDP) president Datuk Seri Tiong King Sing in a statement issued yesterday.
     “Now is the time for the people of Sarawak to stand up and be counted to protect our fundamental constitutional rights against this attempt by Petronas to rob us of our natural resources,” said the Bintulu MP.
Tiong gave his assurance that PDP would give Abang Johari and the Sarawak government its fullest support in defending Sarawak’s rights, and called upon all Sarawak political parties to state their stand on this matter.
     “It is significant that barely a month after Pakatan Harapan (PH) took over the federal government, Petronas takes this brazen step to claim ownership of the nation’s petroleum resources and the authority to regulate the upstream industry,” he pointed out.
     Tiong questioned if the suit filed by Petronas before the Federal Court was done at the behest of the new federal government.
He added that Petronas was incorporated under Ministry of Finance and it would be hard to imagine that Finance Minister Lim Guan Eng was not informed by the Petronas board of its intention to file this application.
   “Lim Guan Eng had said that Sarawak’s rights must be safeguarded before the election but now as Finance Minister, he has let Petronas initiate court action to deprive Sarawak of its rights to its petroleum resources.
   “I call upon Prime Minister Tun Dr Mahathir Mohamad to state the federal government’s stand on this matter as silence would be construed as tacit approval of the move by Petronas to claim exclusive rights of the nation’s petroleum resources.
     If this is the case, then it is a slap on the face of all Sarawakians especially those who voted for Pakatan Harapan in the last election, as the number one on their list of guarantees in their election manifesto was to get 20 per cent of petroleum royalties for Sarawak.” Tiong added that PH Sarawak leaders, especially those who won in the parliamentary polls, must also state their stand.
   “All their promises and pledges would be reduced  to mere ‘hot air’ if they kept quiet – their silence would be a damming indictment of their betrayal to their own people “Is this the first ‘gift’ of Pakatan Harapan to the people of Sarawak after all their sweet promises?”
     The Bintulu MP noted that the outcome of the application before the Federal Court seeking to declare the Petroleum Development Act 1974 as the law applicable for the nation’s petroleum industry would have very severe consequences on Sarawakians.
“The fact that Petronas has chosen to turn to Federal Court shows that it wants to close all avenues for appeal should they win.
“This is a battle that Sarawak cannot afford to lose – the Sarawak government must get the best team of lawyers to fight this suit.”

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  My comments:  I have never liked this political thug but now I think him otherwise.  Luckily, he won the seat.  At least, he is all out for the rights of Sarawak.  I am sure what Chong Chieng Je's stand on this. I believe that many Sarawakians like me have lost our peace of mind seeing this.

theborneopost.com

Petronas suit: Has Dr M agreed?

Phyllis Wong and Jonathan Chia, reporters@theborneopost.com

Sharifah Hasidah Sayeed Aman Ghazali

       KUCHING: Petroliam Nasional Berhad (Petronas) yesterday dropped a bombshell in its decision to seek legal redress to its oil and gas rights in Sarawak.
The suit comes two months after the Sarawak government announced that a new regulatory framework over the oil and gas industry would come into force effective July 1.
       When the regulatory framework, which is also applicable to Petronas, comes into force, actions and penalties will be taken against any person or company including its contractors, sub-contractors and vendors operating in Sarawak without licences issued by Sarawak government.
       The Sarawak government has confirmed that it has been made a party in the suit brought by the national oil corporation and the application for leave made under Article 4(4) of the Federal Constitution would be heard in Putrajaya on June 12.
       Assistant Minister of Law, Federal-State Relations and Project Monitoring Sharifah Hasidah Sayeed Aman Ghazali, who confirmed this, said the Sarawak Attorney General’s Chambers had been served with a notice from the Federal Court Registry yesterday.
    “The state Attorney General’s Chambers has been served with a notice from the Federal Court Registry on June 4…that the Sarawak government is being made a party in a suit brought by Petronas in the case of Petroliam Nasional Berhad vs Kerajaan Sarawak.
    “At the moment, Sarawak has yet to receive the motion filed by Petronas related to the application. The Sarawak government will do everything within its powers, in accordance with the rule of law, to defend our rights in this matter,” she said in a statement received here yesterday.
       In an immediate response, political analyst Prof James Chin told The Borneo Post that the court ruling would be “good for everyone as it could provide a guide on the legal arguments on the MA63 (Malaysia Agreement 1963)”.
       Chin who is the director of the Asia Institute at the University of Tasmania in Australia said stakes would be high in the Petronas vs Sarawak Government suit.
“Stakes are high. If Sarawak wins, it means Petronas must pay back all previous revenue from not only Sarawak but Sabah as well. If Petronas wins, people in Sarawak and Sabah will be very upset as it goes against PH promises in its election manifesto,” Chin cautioned.
      Chin, however, asked who authorised the suit since Petronas is only answerable to the Prime Minister, Tun Dr Mahathir Mohamad.
   “Did Dr Mahathir know about the suit?” he asked.
He added that there is actually no need for court case if the new PH government just simply recognise Sarawak and Sabah rights under MA63.
       He said the court decision would indicate partly if parliament is supreme or MA63 agreement is supreme.
     “This legal move is just the initial stage. It will lead to other areas,” Chin said.
Petronas said it had filed an application before the Federal Court seeking for a declaration on the Petroleum Development Act 1974 (PDA 1974), being the law applicable for the petroleum industry in Malaysia.
       It is seeking to clarify that under the law, it is the exclusive owner of the petroleum resources as well as the regulator of the upstream industry throughout Malaysia, including in Sarawak.
   “Petronas believes that the determination by the Federal Court would help provide clarity on its rights and position under the PDA.
   “Petronas remains committed to supporting Sarawak’s aspiration to participate in the oil and gas industry in Sarawak, as long as it is within the framework of the PDA,” Petronas said.
Related News: State govt confirms being made party in suit by Petronas

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• My comments:  Who has given Patronas the right to seek legal redress to its oil and gas rights in Sarawak?  This is the question we Sarawakians especially those who including myself voted for PH with the hope that they would respect MA63 and whatever sweet promises that had intoxicated so many Sarawakians.

Dayak think-tank:

Blog and Tweet 5/6/2018

Dayak think-tank:  New Federal govt must heed Malaysia Agreement 1963   (Cannot find the article online) (Why????)

Miri:  Dayak Think-tank Group (DTTG) calls on Pakatan Harapan (PH) –led government to heed the Malaysia Agreement 1963 as it is  the agreement….

My comments:

They have voiced out for all the Sarawakians' concerns of MA63.  

Blog and Tweet 5/6/2018 解密

Blog and Tweet 5/6/2018   解密

看完这篇[技术教育加强青年自我提升能力]文章后，由作者黄大志 (南方大学学院)(社会人文学院院长/教授) 我是100%认同。这就是为什么我非常地欣赏德国政府和领袖们。尤其是他们的那个女总理Angela Merkel, Chancellor of Germany, 我觉得她一定[领导有方]，所以这国家有足够的设备提供人民接受适合自己发展的空间。是的，我们人民要问的是：国家应该能为人民做什么，再问人民能为国家做什么。这世界是双赢的。(It is win-win to win.). 

        引用古语[天生我才必有用]。让每个人都有这个醒觉。让每个人都想好好发展和发挥自己成为一个有用有价值的人。 一个人可以投入在个人专长的领域，不断的专注于创造和革新以加强个人经济和人文价值，国家可以整体上减少[人资源]的浪费。不要让[人]无聊的不知怎么办。

        近年来，我看到很多没有跟这社会连接和得到好好发展的人。他们很放纵在那些非正当正道的勾当或创造，像造枪械，做盗匪，为非作歹，mat rempit，醉酒(过醉生梦死日子)(沙砂两邦国最多)…. 这些现象跟个人有没有获得好好的发展有息息相关。这跟整体的领袖领导[是否有方]绝对脱不了关系。 我100%认同专家的看法，各种各样的不良现象绝对跟政府是否有好好办国办事，很公平的分配资源，展开适合各种各样行业发展的空间有关。

        Ex-BN政客最喜欢玩宗教和种族课题。让这一大群的人日子过觉得很患得患失。 失去很多发展和发挥个人的良机。

        现在改朝换代了，好好的给与人民足够发展适合的空间发展和发挥自己。正如作者所言，如果个个马来人都有个人的专长和本领能力，有好收入，[特权不特权]，已经失去意义了。 以往，[特权]绊倒了多少人没有充分的发展和发挥自己的才能。因为[特权]的关系，很多时候却变成绊脚石。比如说：以特权进入医学院，毕业后，进政府医院，很多人民包括自家人都无法接受该医生治疗。有机会选医生，是不愿意选那些持有特权进医学系毕业的医生。尤其是动手术时，人民都是不管肤色和宗教，只选技术高明有医德的医生。  

希望领袖们真的真的真的要好好思考和多阅读报章和书籍扩大个人的认知和知识。 这篇文章，PH各个领袖看了吗？