The effect of the Federal Constitution not recognising MA63

1. According to State Legal Advisor, JC Fong, the effect of the FC not recognising MA63 would mean that MA63 was not legally binding under Malaysian law.

2. The UN legal opinion (19/09/63) referred to Malayan UN Representative Dato Ong Yoke Lin's letter to the UN (16/09/63) as stating that there was no new federation created just a name change to Malaysia. The letter did not mention that 3 new members were admitted on 16/09/63.  

It was the British legal strategy to amend the FC to admit new SSS members to the Malayan federation to avoid having to apply for a new UN membership under a new entity "Malaysia". Thus the British gov't sough the UN Legal opinion on this point. The Opinion stated that the name change was not legally forming a new international legal entity and therefore did not require a fresh application to the UN to be a new member. 

This was done to avoid international opposition to Malaysia and hence it might not be admitted as a member.  

The second leg of the strategy was to avoid scrutiny of the Decolonisation "Committee of 24" which would require legal compliance with Principle IX (9) UN Resolution 1541 to hold a real referendum for a non-independent colonial territory to join an independent federation. This avoided holding a referendum on Malaysia. (As explained in declassified docx and the UK Colonial Secretary, Duncan Sandys' UN telegram to his London office on 09/08/63). 

Following the Manila Accord (signed 31 July 1963 after MA63 was signed). The British again avoided a referendum (publicly opposed by Malayan PM & Permanent Sec. Ghazali Shafie after prompting by Sandys) but instructed the UN secretary to carry out an assessment of the people's wishes on Malaysia (similar to the Cobbold Commission), not a referendum.        

Thus, the UN Secretary without need to put the matter to a Gen Assembly vote, endorsed the change of name.

3. MA63 as an international agreement and bound by international law, was not registered till 1970, 7 years after signing. 

What is the legal effect?

UN Charter Art 102 (a) & (b) require that all UN members must register their agreement immediately on signing & ratification. Failure to do so will incur the penalty of not being able to invoke the teary (MA63) by the signatory parties on any issue relating to the treaty. 

After 7 years, arguably MA63 (if valid) would in effect have lapsed for non-compliance with the UN Charter and MA63 Art 8 which required all parties to do all things necessary to implement the agreement. 

In other words, for 7 years MA63 neither Malaya, S'pore, Sabah nor Sarawak would not have been able to invoke MA63 in any domestic or international issue or dispute. 

Arguably from this point of view, MA63 was rendered not binding because it was not concluded according to international law rules and requirements. 

4. Was MA63 a legally signed document? The Borneo High Court avoided dealing with this issue recently. According to the international legal principle stated by the ICJ in the Chago case, a colonial power cannot make a binding agreement with colonies under its control, as they did not have the power to do so.   

It has been asserted since 2013, that MA63 was void ab initio and not legally binding from the beginning, The reason given was that SSS were colonies not sovereign states with power or legal capacity to make binding international agreements. The 2019 Chagos case confirmed this conclusion. 

The second part of your comment will be answered later.

Sabah Double 6 -- 6/6/2023

Tolong baca .. 

Kalau tidak faham, cari cikgu... Belajar

We are gathered here today in remembrance of a tragic event. Sabah lost her 5th Chief Minister, Tun Fuad Donald Stephens along with 10 others. One of which this memorial was enacted here atop of Sandakan's Trig Hill, Datuk Chong Tain Vun, Communication and Works Minister.

Also tied to the tragedy of losing our finest leaders on the day known as the Double Six Tragedy, is yet another significant remembrance of a tragic lost to us Sabahans. 

Merely a week after this tragedy, we've also lost our grip on our most lucrative natural resource, our petroleum. 

----------------

Today, I'd like us to rekindle the fire in our hearts to protect, preserve and defend our land by whatever means we're able. Let us remember to defend our borders and rights as enshrined in MA63, is our duty.

Let us continue to respect our inheritance left by our elders who have gone before us.

#MA63Journey

Thank you Brave Sabahans YB Calvin Chong and Chinese Chamber Sandakan.

Malaysia is Malaya in disguise

From history and search online one can easily acquire all the necessary facts and make the following conclusion. Just sharing the following from friend;

Fact is in United nations, there was no new country Malaysia ever registered but a change of name from the federation of Malaya to federation of Malaysia after incorporating Sabah and Sarawak into territories of Federation of Malaya using "questionable" Malaysia Agreement 1963 (MA63) as Sabah and Sarawak were colonies of Britain during signing the MA63 thus making the MA63 an invalid document?

And since Singapore was one of the signatories of MA63 with Singapore quitting federation of Malaysia in 1969 the MA63 was instantly null and void?

By right new agreement should be prepared and signed when Singapore left federation of Malaysia but it was never done making federation of Malaysia illegal??

It is unfortunate Court dismissed MA63 case on the ground federal Constitution amendment needed to allow such case in court ignoring the fact MA63 must first in existence before a change of name from federation of Malaya to federation of Malaysia?

Federal Constitution is in fact the old book of federation of Malaya adopted by the ruling parties as federation of Malaysia Constitution it has nothing to do with MA63?

Would Sarawak people like the court case to be appealed knowing very well high cost is inevitable and would Sarawak people willing to donate to pay for the appeal to "protect" Sarawak rights? 

Sarawak people dilemma.

Personal greed to form Malaysia

Comrades and Supporters,

Jugah and Ningkan both caused by personal greed, formed Malaysia. Jugah wanted to be Governor but later on settled as federal minister for Sarawak Affairs resident in Sarawak with no office in KL. How could a federal minister had no office in KL? This meant Jugah won't mind to be a puppet as long as he was compensated with a federal minister post.

Ningkan wanted to be Chief Minister badly because British worked behind the scenes to get members of Council Negri to support him. 

Both Ningkan and Jugah could decide not to proceed with no Malaysia Plan if they wanted but they both lacked the foresight.

Infact, both Jugah and Ningkan had threatened the British and Malaya to scrap the Malaysia Plan if they could not get what they wanted. Ningkan wanted Jugah to be governor but Malaya was not in favour. 

But Jugah later on destroyed Ningkan by leading Council Negri Members to petition to governor Tun Openg to dismiss Ningkan as chief minister. Thus led to a constitutional crisis.

Jugah knew a referendum won't work for Malaysia Plan because people were against the Malaysia Plan.

Voon Lee Shan 

5 June 1963

Tun M squandered RM529 billion of Petronas money since 1970

Tun M wasted more than RM529 billion of Petronas money since 1970, saving Mirzan & Mokhzani's losses - Tengku Razaleigh

Tengku Razaleigh Hamzah yesterday claimed that the former 4th and 7th PM, Tun Dr Mahathir Mohammad had caused the country's petroleum giant, Petronas, to lose more than RM500 billion since 1979.

The shocking revelation was shared by FB user Peter Terence D'Cruz yesterday afternoon.

March 21, 2023

The founding chairman of Petronas and its first CEO, Tengku Razaleigh Hamzah said that the federal government in Putrajaya under Mahathir has been treating the oil and gas corporation as a cash cow, especially in bailing out government-linked companies in financial trouble.

Petronas provided the money to build some of former Prime Minister Mahathir Mohamed's most grandiose projects, including the KL Twin Towers, the Putra Jaya administrative capital and to bring Formula One racing in Malaysia.

Petronas was used to get Malaysia out of an RM31.5 billion forex scandal perpetrated by Mahathir in the early 1990s in which the financier George Soros outfoxed Bank Negara, making billions and earning Mahathir's eternal antagonism. It paid off US$800 million in losses from Mahathir's ill-fated Perwaja Steel project. In 1998, it bailed out Mahathir's eldest son Mirzan, purchasing his Shipping Consortium for RM226 million and assuming debts of more than RM324 million. It also awarded in 2012 a RM700 contract to a firm in which Mahathir's other son Mokhzani was a vice president.

Tengku Razaleigh, or Ku Li, said that since its inception in 1974, Petronas has paid out RM529 billion to the government in the form of dividends, taxes, petroleum revenue and export duties.

He also said the government's reliance on Petronas to rescue financially floundering government-linked companies (GLCs) had been going on since 1985.

Ku Li was the Minister of Finance from 1974 to 1984.

In 1985, Petronas bailed out Bank Bumiputra with a Rm2.5 billion infusion. In 1991, Petronas shored up the banks' finances again when it pumped in an additional RM1 billion.

In 1997, he said Petronas had to rescue the troubled Konsortium Perkapalan Berhad for RM2 billion.

He added that Petronas was made to underwrite the construction of the KLCC Twin Towers for RM6 billion and the construction of Putrajaya for a further RM22 billion.

"This amount could have been used more productively to fund a national pension program for Malaysians, as has been done by a certain Scandinavian country," he said in his speech at the launch of the book "Rich Malaysia, Poor Malaysians" at the Sultan Sulaiman Club in Kuala Lumpur last night.

The bailout and construction of mega projects was done during the premiership of Tun Dr Mahathir Mohamad, who initiated a series of major infrastructure ventures in the 1990s.

Ku Li said the exorbitant amount of the bailout and construction of these projects that was forced onto Petronas had also deprived the company of the much needed cash build-up for reinvestment, which would ensure its business sustainability.

He said today Petronas was on par with oil majors and was ranked as one of Fortune 500's largest and most profitable oil and gas companies.

"But sadly, it is being abused and treated as the piggy bank whenever the government needs cash in a hurry," he said.

Ku Li said while subsidizing consumer goods was not the most efficient of ways in managing the high cost of living, it was fairly understandable if the government extended a helping hand to the little man.

"What is sinful and cannot be forgiven is the ease with which the powers that be had been dishing out subsidies to such entities like the national power supplier, the independent power producers and some other non-power outfits," he said.

During the last few months of Mahathir's second stint as prime minister, he tried to look at possible ways Petronas could raise funds. One of his ideas was to break up Petronas into smaller business units, the Petronas Chemicals Group, Petronas Carigali, and Petronas Gas, selling equity off to Sabah and Sarawak state governments.

With tourism, air transport, and logistics depressed, national governments, including Malaysia will have to go deeper into deficit financing to pump their respective economies.

This is a dilemma for Petronas which will be under extreme pressure to pay some form of dividend to help the government manage the upcoming budget. Without help from Petronas, the finance minister will have to canvass a reintroduction of the GST, maybe even at a higher rate than previously, increases of income and corporate tax, and even the introduction of new taxes. The company has been a major contributor to Malaysia's wealth. However, times are changing where it may not be a dependable lifeline for much longer.

Heavy machinery BDM

Vehicles that are Carrying heavy machineries or equipments, type of vehicles which are used for the necessary operation are called PRIME MOVER(S) hauling a LowBed loader(s) & if a Prime Mover is a 6 wheels/TYRES or 6X2 hauling a Low-Bed Loader with 8 wheels/tyres, the RELEVANT AUTHORITY IN PUTRAJAYA would only approved for GROSS VEHICLE WEIGHT (goods weight plus vehicle) for only 32,000 KGS.;

And if the PRIME MOVER is a 10 Wheelers/TYRES hauling a Low-Bed Loader with 8 wheelers/ Tyres, The Engineers of the Technical Division in PUTRAJAYA would approved for G V W of 36,000 KGS. & at one time in the past, if they r not in good mood, they only approved for 34,000 KGS. For the prime mover with 3 axles & is a 10 Wheelers/Tyres;

In Technical terms & calculations, the GVW is 21,000 KGS FOR THE PRIME MOVER ALONG & one maximum weight for (1) rear axle with 1,000 x 20”x 10 pliers is said to have a maximum carrying Capacity of 8,000 KGS PER AXLE;   

If the front PGU with 3Axles is 21,000 Kgs & plus the rear low/bed with 2 axles & with 4 TYRES each of the axles (one axles can withstand a weight of 8,000 KGS) that means the rear carrying capacity is 16,000 kgs. Plus the front prime mover (PGU) with a total gross combine weight of 37,000 KGS & the Technical Division has already downgraded the GVM of around 1,000 KGS to prevent any untoward incidents that may happen & in actual fact, Each axle with 4 TYRES of 1,000 X 20” X 10 pliers (rear 2Axles) each axle can withhold a maximum GVW Of 10,000 KGS & if they only approved 8,000 KGS. There is already 2,000 KGS less to prevent most eventuality that my May happen???

Sulu Sultan 后裔索赔案

Sulu Sultan 后裔索赔案

从2019年11月20日至2023年1月20日马联邦政府在马，还有四个国家花在律师服务费，庭审，翻译，历史以及法律研究高达马币3100元。

...Azalina 首相属部长掌管法律和体制改革事务以上载所有的花费在联邦议会官网。她是回应火箭林立迎的提问而做的论述。

马联邦针对法国仲裁庭就2021年9月29日单方面执行判决苏禄苏丹后裔可向马政府索赔马币625.9亿，已经申请上诉。

法国上诉庭在2023年2月6日已聆听该项申请，预计在2023年6月宣判结果。

早前苏禄苏丹后裔入禀西班牙法庭针对其祖先在1878年把沙巴租贷给一家英国贸易公司向马国索赔马币625.9亿。

其实在2013年之前，马政府都有付租贷给苏禄苏丹后裔。后来，因为沙巴Lahad Datu 事件后，那时Najib 政府就停止付租贷给他们。

在马国施压下，他们便从西班牙法庭转移到巴黎法庭。西班牙仲裁员斯丹珀就2022年2月28日下了这判决。

法国法庭批准马政府申请暂缓执行斯丹珀的最终裁决，等待马政府的要求撤销最终裁决的法律行动结果。