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Four Sarawak borders have been changed unconstitutionally and illegally

Four Sarawak borders have been changed unconstitutionally and illegally

Articles 1 (2), 1 (four), 2 (a) and 46 within the new Articles 2A and 46A after the amendments to Article 2 (b) four in sections 4, eight and 9 of MAct63 four Amended Boundary [19659002] Article 160 (2) of the Covenant have to be amended in order that "the Federation was established by the Malaysian Federal Treaty 1963" constitutionally, historically and legally.

Unconstitutional, "federal", hybrid parliamentary creation to acquire seats within the House of Representatives have to be accepted in accordance with Article 2 (a), as amended by paragraphs 4 and 9 of MAct63 and Article 46 by new Articles 2A and 46.

Important Article 2 shall be amended as follows:

2. The introduction of the new [States or Federal Territories] in the federal parliament could also be a regulation –

(a) grant other states to the federal state [or Federal Territories]

(b) Other state borders

(c) [Approve the exit of States or Federal Territories of the Federation.]

However the regulation that modifications State Borders [or a Federal Territory] shall not be issued without the consent of that State (expressed by the regulation of the legislature of that State) and of the Convention of Governors.

] Modifications to the locks have to be made to ratify the constitutional strikes and limbs. There is a elementary distinction between Article 2 (b) and the constitutional penalties of Sarawak's 4 boundary modifications in regards to the similar modifications "in promoting the harmonization of the laws of two or more states [Sarawak and Sabah]". [196590022artiklanbalakohdanmukaisestiparlamenttieivoiantaamitäänliittovaltionlakiaSarawakiajaSabahiavastaanelleiBorneonvaltioidenlainsäädäntöneuvostooleantanutsuostumustaan​​laissanimenomaisestijohyväksyttyynlakiin76artiklan3kohdan80artiklan3kohdanja95DartiklanmukaanparlamenttivoikuitenkinensinsiirtääliittovaltionlakejamuttasitäeivoidapannatäytäntöönSarawakiajaSabahiavastaanelleiniitäolehyväksyttytaihyväksyttysamoinliittovaltionlakienjälkeenkuinkunnallisialakejaan[19659002EriparlamentinvaliokuntientekemientarkistustenonsiiskeskityttäväkokonaisuudessaankaikkiinII(4)2(a)46161E(three)artikloihinuusiin2Aja46Aartiklaansenjälkeenkun49ja9§:ääonmuutettu66artiklan3kohdanensimmäinenkohtaeiainoastaan​​1artiklan2kohdanosaltaKaikkianäitä5rikkomistajalaittomiasäädöksiäonmyösmuutettavaperustuslaillisestijaasianmukaisesti2artiklanbalakohdanjaasiaankuuluvienMAct63-jaksojenmukaisestilisäsopimuksenmukaisestiensimmäinenTämänlopullisenperustuslaillisenmenettelynmukaAccordingtothedraftlawoftheParliamentoftheRepublicofBorneonParliamentaryDelegationstotheFinalLegislativeProposalOnconsiderationofthecommitmentofthecommunitylaw

Briefly, the 5 offending acts at the moment are amended in accordance with the obligatory provision and provision of Article 2 (b) that the final parliamentary payments "shall not be approved without the consent of the State" [Council Negeri]ie by giving Sarawi or Sarawa or expressly the same regulation. Sabah. This is an absolute taboo

Subsequently, Parliament couldn’t have adopted five infringement acts beneath Article 2 (b) as a way to change the four borders of the Borneo States. Since these acts have already been adopted in follow, it’s essential to add a well-established constitutional provision, specifically:

"This law does not apply to the coastal states of Sabah and Sarawak."

These 5 legal acts, although infringed by Article 2 (b), may be corrected by the Parliament. ratify the Structure by amending the abovementioned exceptions and incorporating the brand new provisions of Article 2A (1), (2), (three) and (three). (4) Similarly, the precise provisions of UNCLOS 1982 and the brand new Article 46A might be clearly accepted, since federal legal guidelines are the same by adopting the same municipal regulation that the Borneo statutory authorities have overtaken or already permitted them

2. Implementation of Sarawak's and Sabah's statutory actions underneath Article 2 (b)

in accordance with Article 2 (b) of the Borneo States' statutory treaties,

To start with, four municipal legal guidelines based mostly on UNCLOS have to be adopted when municipal laws first right and ratify critical offenses subsequently, the amended parliamentary acts of Sarawa and Sabah

must subsequently comply with the municipal legal guidelines proclaimed by the States of Borneo already based mostly on Article 2 (b), UNCLOS, 7PM and 7FCs to guard the four boundaries that our federal parliament absolutely does not might have offered for 5 acts of infringement

1) Unfortunately, the present Article 1 (4), which didn’t embrace "States" of 3 unconstitutional and non-invalidated FTs beneath Article 160 (2) and not underneath Article I, 1963 and Article 4 63 or FMA1948 or 1957. Federa nations. The federal area shouldn’t be liable for the Malay states and the Borneo states. It is a federal parliamentary hybrid that creates a small area federal union of unique sovereignty, beneath the strain of a political line set for acquiring additional parliamentary seats and improvement beneath direct federal management. State

2) The solution considerations an identical section of MAct63, which have to be amended constitutionally first, as it is expressly included in Article 1 of the FC in accordance with part 3 of the MAct63 and its first timetable. This amendment have to be made by the use of a further settlement that includes MAct63, the mom of FC, Article 9 and others, earlier than amending Article I, paragraphs 2, 4 and 46, Article I and Article 2 of FC. ) with the brand new Articles 2A and 46A in the spirit and letter of MA1963, which seem to switch FC within the case of conflict with the Structure and International Regulation

three) Unique Article 1 (2) (c). With regard to the withdrawal of Singapore, it was abolished or amended without amending the above-mentioned further agreement. Thus, the deletion of Article I (2) (C) from Singapore beneath MAct63 in 1966 beneath Paragraph 2 (a) of FC59 was unconstitutional and void. This have to be ratified by applicable constitutional procedures. The proposed invoice on the modification of Article 1 (2) and the varied articles and sections of the MA63 also needs to have been in English, which is a richer language, with clearer definitions of various authorized ideas based mostly on centuries of case-law for better understanding and interpretation. at the least two weeks prematurely for Members to perform their duties correctly with the appropriate authorized recommendation

four) Thus, Article 2 (a) "entry" have to be amended and ratified to incorporate "federal states" besides "other states to the federal" constitutionally proper and accepted by the states of Borneo, because these federations will not be states, and 13 seats are greatest placed in the constitutional limboat to carry out their duties as parliamentarians.

Secondly, it’s clear to the federal government that:

1) Sarawak and Sabah have not explicitly passed their municipal legal guidelines in its own legislation first and did not settle for hose 5 offensive federal regulation

2) It is incomplete, irrelevant and ineffective to amend Article I paragraph 2 alone with out amending Article 1 (four), Article 2 (a) and including Article 2 (c) 46, the brand new Article 46a, which first amends paragraphs 4, 8 and 9 of MAct63, the constitutional and legal acceptance of 3FT in accordance with Article 1 (4), Article 45, and approves the related provisions of UNCLOS 1982 with a new one. Article 2A. Federal regulation passed by the statutory authorities of the States of Borneo after it was ratified by Malaysia on 14 November 1996.

3) The states of Borneo did not first change Article 4, 8, 9 and 66 (3) of the MAct63. Constitutional and Article 2, particularly the MA1963 Complementary Agreement before Amendments 45, 46, 1 (2) and (four) to unconstitutional and null and void the Constitutional Assembly periods on August 9, 1965 or the Separation Settlement on the Exit of Singapore. Subsequently, this expropriation was additionally unconstitutional and void, so retroactive change beneath Article 2 (c) is obligatory. FT's fourth vacant Senate member underneath Article 45 would must be ratified.

The states of Borneo have been consciously stored at midnight; and thus had misplaced this opportunity to get Prime Minister Lee Kuan Yew, Malaysian PM and Deputy Directorate to reinstate Malaya's "no two third rule", ie earlier than the official exit and the required modifications to 15 places Singapore's share of Sarawak and Sabah disproportionately proportioned to 24-16% to Malaya plus 65.four% for FTs or 'no two-third' rule afterward beneath MA63 and Article 46.

Actually, this unconstitutional and void amendment of Articles 46 and I (four) and the Malay states have violated the "two-thirds" or 65.4% voting rights of the Malaya states. These critical violations of constitutional regulation and of section 3 (four) (part four, section 4, paragraph 4) of the Senate and of section 9 (4) and article 46 of the MA1963 and of Article 2 (a) are also the unconstitutional improve within the constitution of the states of Malay, together with 13 parliamentary seats in the spirit and in the mild of the constitutional, international and authorized documents of MA1963. Yes, oral assurance also underneath Article VIII of MA63 and Article 2 (a) of the FC and Article 3 (a) of the Vienna Conference on International Treaties and Worldwide Regulation.

This was clearly said in MA63 (9) (2) (a) supplies for the original Article 46 (2) (a): "One hundred and forty members from the Malay states" "one hundred and fifty-nine elected members", specifically 65.four cents to be changed earlier than the modification of Articles 46 and I of the same Article [4].

Third,

i. When FTs have been adopted beneath Article I (4) in the case of complementary competence and direct control by the federal authorities, the constitutional hole would have to be ratified by amending Article 2 (a) after the first amendments to sections four and 9 of the MAct63 have been as follows: '(A) Settle for for other states or [Federal Territories] for the federal state. ”The state of the union could be very totally different from the“ federal states ”indifferent from totally different states

. (4) is neither outlined nor included in Article 160 (2) nor in MA63 nor in MAct63, nor in FMA1957, but within the federal parliamentary hybrid structure, which seeks to "use" the state's standing and unilaterally defend its unjust faulty rights

. refusing to provide the federal authorities to declare an enlarged Bintulu improvement area to be a federal state through the bells of YAB Tun Rahman and YAB Tun Pehin Sri Taib

The transmission of wi-fi communications just isn’t a criminal offense in "receiving" until in any other case said.

ii. However with the exit of Singapore, the modification to the Constitution for Obligatory Ratification is intended so as to add a brand new Article 2 (c) as follows:

"Adoption of States or Federal Territories"

] However the necessity of the modifications wanted to re-establish MA63 the circumstances for requiring the "two thirds rule" to be returned to the Malaya States and the 3FT, which must settle for them. a good compromise on the ratification required for the ratification of federal constitutional strikes and limbs, because of the elementary violation of Articles 2 (a), 1 (2), 45 (Senate), 46 and 2. b) and corresponding sections of M-Act 63 apart from 7FC and 7PM.

iii. The preconditions for amending Articles four and 9 of the MAct63 are in accordance with Articles 46, 1 (2), 1 (four), 2 (a) and 2A and 46A, and proposed that the 13 non-statutory FT seats be crammed . Parliament and four seats in the Senate, 32 new seats have to be set as much as be added to the Home of Representatives from 322 to 354, and 32 new seats shall be allocated to Sarawak and Sabah in relation to 31 (18) 25 (14) to take care of the Malaya states and federal states States' two-thirds rule solely 65.4 % solely since 1963, as they have been solely 104 out of 159 seats. In addition, the states of Borneo are so much bigger than the states of Malay, whose population is now larger than in 1963, which would give the 32 seats a boost now, which is sweet for all rural political parties that promote rural improvement

. Parliament may even have to simply accept 4 amendments to Article 46A, specifically:

a) Emphasize that the Malay Länder and its federal states don’t have more than two-thirds or 65.four. proportion of all seats within the Home of Representatives beneath Article 46 and section 9 of the MA63 amended to ratify Article I.four, in any other case ipso facto 3FT 13MP can be removed beneath Articles 47 and 48, FTs usually are not federal states beneath FC, FT MPs are subsequently dismissed as members of the House of Representatives and Senate pursuant to Article 45 of the FC and annulled underneath Article four (i).

locations within the Home of Representatives could be added in order that the states of the Malaya and the federal states retain the "two-thirds rule" from 222 to 254 seats, which at the moment are divided between 31 and 25 Member States Sarawak (18) and Sabah (14). The two-thirds rule will proceed to apply to the states of Malay and the federal territories for the longer term enlargement of parliamentary seats.

(c) Amendments to Articles 1 (2), 1 (4) and 1 (four), 46 shall be made solely after amendments to Articles 4, 9 and 2 (a) and (c) of the MAct63 regarding: Articles 2A and 46A of the Further Settlement and signed by the remaining three Contracting Parties. Malay (but not FT, which isn’t a State beneath Article 160 (2), Sabah and Sarawak before the IFT 3FT, Article 1 (four) and Article 46 could be amended constitutionally.

d) Four Unconstitutional designations F's Senate M's § 63 of subsection 8 of § eight of 45 §: in response to the first change is identical supplementary settlement

"This is unconstitutional … but I have promised our sarawakilaisillemme and for PM ", whispered silently late at YAB Tok Nan in his nightmares. "

" Your 20% royalties and the restoration of your MA63 will shorten your life, "warned the writer.

" It's okay… I'll take this Ulysses' battle and tell us the state leaders and share their analysis and information with Lord McNair and Jennings , Rumah from Malaysia and Cambridge Days, and advice with everybody. ”

Courageous leaders in historical past are all the time small and far apart, as you might say. [19659002] Tok Nan needed the federal government to approve the established FC Sarawak's proper to grant its own O&G licenses

Yes, pay 20 %, royalties and full all grants, insurance, and return any diminished rights, then in authorized and political options Putra Jaya shared 65 % of Sarawak's O&G as Sarawak's nationwide service, our nationwide curiosity, our nation, our king and our nation.

This complete modifications mirror the true spirit and implementation of the MA1963 in accordance with the principle of rule of regulation, the restoration of our Prime Minister declared, so that Putrajaya would re-hill these remaining authorized and political options for the remaining three MA63 As regards the social gathering to maneuver constitutionally, legally and politically.

This ensures the mutual prosperity and benefits of O&G within the Borneo states in a brilliantly modified constitution, which pays a 20 % royalty or native gross sales tax to Sarawak and Sabah, and 65 % to the federal authorities.

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