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Legal and Political Solutions | Borneo Post Online

Legal and Political Solutions | Borneo Post Online

The legal and political answer of the MA1963 and the Borneo states in O&G, which ratified the 4 amended boundaries in accordance with Article 2 (b) and the opposite "two thirds", the lowered rights and all grants have been refunded by 20% of the native sales tax and 60-65 % of federal / Petronas O&G as a win-win answer

1. Why and how did the Borneo states deliberately forestall the "two-third rule" and 15 locations from Singapore within the separation settlement?

If Sarawak and Sabah knew prematurely concerning the Singapore Separation Settlement dated August 9, 1965, Tun Fuad would have asked Tunku Abdul Rahman, DPM Tun Razak and PM Lee Kuan Yewia Sabah and Sarawak leaders for Singapore's 15 seats for Sabah and Sarawak as a result of they’ve assured that the Malay states won’t exceed 65.four, and in accordance with article 46, paragraph 63, so that they will all the time ensure the reassurance "no two-thirds rule".

”Gents, PM …… Didn't all of you convince the leaders of the Borneo states and tempt us to hitch the formation with Malaysia, convinced that the Malay states will never obtain greater than two-thirds seats within the federal parliament on the idea of the MA63 Article VIII insurance," because they don’t seem to be

PM Lee KY and Malaysian leaders would have confirmed that it will be right.

”You did not inform the leaders of the Borneo states that Singapore wouldn’t have joined Malaysia's institution in MA1963 without it, that there can be two-thirds guidelines for the Malaya states? The states of Singapore and Borneo would not want any "two-thirds rule" to stop the rubber marking of federal laws. Article 46 is just as essential as immigration underneath Article V of MA1963. I want to vote for it, vote towards it, and Singapore to make sure that unconstitutional and unlawful modifications are made. ”

PM Lee would have answered. "That would be right."

Unfortunately, our federal leaders needed to stop the annoying opportunity to verify that the authorized and constitutional demand for the states of Borneo is 15 locations in Singapore. Thus, they need to expressly accept that the separation agreement can only be notified to the world after its implementation. Then it might be too late. The Borneo states wouldn’t have the opportunity to verify and demand the DPM from Singapore, Malaysia PM, that each one 15 locations in Singapore that shouldn’t have two third guidelines for the Borneo State are explicitly offered for within the Complementary Settlement of 9 August 1965

Singapore couldn’t depart Article 2 The brand new Article 2 (c) couldn’t have been made with out the signing of a further settlement by the opposite 4 parties. Withdrawal of Singapore in accordance with Article 1 (2) (c) after the first amendment of Article 4 (2) (c) of the MAct63. After the hid implementation of the Separation Agreement, the Prime Minister of Singapore, LKY, would have understood it.

”Nicely, gentlemen… .. all Singapore is outdoors Malaysia. I can't say anything more. “

Years later, Premier LKY felt lost. The Borneo states ought to have been heard and ought to have agreed on two signatories to the Separation Agreement, which was again made at such a velocity with out prior discover. The Continental Shelf Act 1966 and the Petroleum Mining Act 1966 steamed in Parliament by dropping the pegs of established laws in the states of Borneo one after the other. Oil can be a turbo charger to make sure Malaysia's success. The dismissal of Dato Kalong Ningkan's Ambassador was largely because of the recommendation of PEH Pike, Sarawak AG and Sarawak State Secretary G. Shawi, who responded to the Prime Minister in the White Hall with out refusing to vary the varied articles of the FC and proposed new federal laws to protect Sarawi's rights.

The constitutional and political historical past of the Borneo states since 1966 would converse for themselves, including the withdrawal of scholarships, when only one scholarship was thought-about in 1973. Particular assistance (balancing) of EUR 5.8 million was abolished, but the federal authorities isn’t never gave Sarawak all of O&G's offshore revenue. They confirmed Michael Leigh's "Rising Moon" and Tan Sri Stephen Yong's memorial, "Life twice lives" with Petronas shares.

In addition, the present TYT Tun Pehin Sri Taib, as Minister of Communications, succeeded in persuading the federal authorities on July 20, 1966 to release Sarawak from CSA1966 and PMS1966 until the 1969 Emergency Orders ("EOs").

Tun Fuad, who opposed the 5 % oil stock, was unfortunately a deadly aircraft accident on June 6, 1976. Eight days later, the Sabah Oil settlement was signed precisely six months after the late Premier Tun Razak's demise 14.1.76.

In line with the Privy Council's Dato Ningkan case, the EOs have been solely presupposed to be short-term beneath Article 150, which ought to have been revoked when the CCO's Bong Kee Chok and his batch have been launched in 1973. The Communists have been in the jungles, not at sea. The EOs are merely making an attempt to scale back the presumed 12 nautical miles of the Sarawak territorial waters to 3.

Tun Razak did not dare to go to the personal council to declare a PDA1974 regardless of European organizations akin to Lord Wilberforce & # 39; s, CJ's Robust Bench Australia's Barwick and Lord Fraser would only have accepted a robust British legal angle to aliens associated emergency legal guidelines, only for minor issues in regards to the reduction of Sarawak's territorial waters, which were not absolutely linked to the reported emergency. PDA1974 would undoubtedly be declared unconstitutional in accordance with Article 2 (b) and O&G arrange underneath the OIC1954 (Border Transformation) towards seven continental cabinets, international borders and territorial waters and unlawful Sarawk country code and oil mining order in 1958 7 PMS

] Tun Razak pledged to declare P191974 in a personal council that, underneath Article VIII of MA1963, he paid O&G a second informal royalties of 5% in money from Sarawak. The fund does not grant a second identify in addition to Petronas 5% money cost

This verbal security with verifiable contributions might be very clearly matched with other grants for Sarawak's improvement.

Sarawak retained – the export and import of wooden merchandise after being released by the Board of Directors of the Malaysian Wooden Processing Business (Articles of Affiliation) in 1973 and. Also in accordance with section 95D of the Regulation of the Pembekala Letrik Sarawak of 1983 [CAP 279]

Sarawak adopted in 1995 the Sarawak Fuel Supply Service (OP) Decree 1995 as a way to forestall the 1993 Federal Fuel Provide Act (19459008). ] Thus, beneath the 2016 Fuel Provide (Change) Act, this regulation shouldn’t apply to Sarawak until the government authority agrees. “The distribution of fuel regulation 2016 was accredited to strengthen state rights. Sarawi should do the identical within the context of the holistic revisions to Articles I.2, I.four, 2A, 2c, 2A and 46A as a way to ratify the Constitutions and Limbos, apart from the imposition of native sales taxes. 19659002] Unfortunately, Sabah voluntarily renounced both rights, apart from waiving his rights to immigration, schooling, religion and Labuan as a federal state in 1984. Thus, Sabah and Sarawak can’t be one state that isn’t one of the older Sulu rents.

The hardest option to restore Sarawak's rights with revisions is tough; Sabah's restoration route is ten occasions harder, despite the fact that Datuk Liew Vui Keong is Common Counsel at PM Department

2. There are different key amendments

To begin with, as soon as the appropriate constitutional amendments have been made to Article 2 (a) and (c) and other instances, Article 1 (2) must be reinstated in its unique type by amendments following the reintroduction of MAct63. The Supplementary Agreement is as follows:

I (1) The Malaysian Federation is called Malay and English beneath the identify of Malaysia

(2) The States of the Malaysian Federation are

a) Malay, specifically Johore…. Terengganu.

b) The States of Borneo, specifically Sabah and Sarawak; and

(c) embrace 13 states of federal states in accordance with Article 13 (four)

(three), subject to clause 2 (c), the territories of the states mentioned in paragraph 2 are regions

But federal states are outlined in accordance with Article 160 (2), if thought-about applicable:

“The federal states discuss with geographical areas or specific areas faraway from states by federal representatives, with the consent of solely the representatives of the states representing the Malaya states, with complete quotas of lower than two-thirds of the whole number of Senate Deputies and Senators. accepted by Sabah and Sarawak. "Articles 19 (4), 45, 46, 47 and 48 of

are amended after sections 4, eight and 9 of the MA1963 have been amended in accordance with the MA1963 Supplementary Agreement, including 32 further seats for a complete of 254 Members' houses in Sar. awak and Sabah proportionally

In accordance with the brand new Article 2 (c), Parliament should ratify this unconstitutional "exit" from Singapore, specifically to "accept the accession of states or federal states to the federal territory" after the modification of Article 4 (three). c) Further Agreement, not beneath Regulation 59/66.

Secondly, to ratify Sarawak's 4 boundary offenses, the Council must negotiate with Putrajaya and the parliamentary committees when August has proclaimed Sarawak Cross-Border Laws in accordance with Article 2 (b), 7FC, 7PM and UNCLOS 1982.

The Council Negeri has requested the federal government to simply accept UNCLOS provisions as a brand new Article 2A to revive its unique worldwide boundaries at sea on Malaysian day and to comply with the same municipal laws that the laws of the Borneo States must first undertake, make clear and update (19459009) limit values. unchanged by d OIC1954, which was by no means prolonged to Merde in Malaya in 1957.

(1) Regional Sea (new Article 2A (1)

'pursuant to Article three (2) III of the United Nations Conference).

) The Mainland Shelf (Article 2A (2)

"Article 76 of the UNCLOS 82 Convention, and in particular Articles 4, 5 and 5 thereof." Accordance with Article 6. t The boundary of the Sarawak [Sabah’s] continental shelf is [incorporated] follows

[No.4] On this Convention I (a) (4) (a) (i) and (ii), 1 (b)

[5] ”. for the outer seabed of the seabed drawn up in accordance with point I (a) (i) and (ii), not more than 350 nautical miles from the baselines from which the ocean air of the areas has been measured or exceed 100 nautical miles from a depth of 2500 meters which is 2,500 meters deep; line. “All five violations do not apply to Borneo The states and any modifications to the amended boundaries are amended in accordance with Article 2A of UNCLOS 1982.

(three) Exclusive economic zone (Article 2A (3)

'In accordance with Articles 55, 56 and 57 UNCLOS1982, the unique economic zone of Sarawak [Sabah’s] shall not exceed 200 nautical miles from the baselines from which regional marine life is measured'

Negeri advises the federal government to amend all 5 Acts of Crime, together with the 1985 Fisheries Act (FA1985) and Section 9 (d) of the Federal Fishing Schedule of 1963, which give that they shall not apply to the coastal areas of Borneo.

(4) International boundaries (Article 2A (four))

Council Neger has to approve the regulation "to ratify the relevant international borders of Sarawak [Sabah] on September 15, 1963", not what is shown on the map at sea. The Federal Government "violated" the borders of one other nation after 1963 and the continental shelf fears that the reintroduction of Sarawak's international borders into the adjoining areas of the Brunei space, which wouldn’t have an EEZ space the place Petronas has prevented licensing procedures on the PSC, would have led to the Borneo states' knowledge and previous demands on their worldwide borders, continental shelves and their O&G. returning earlier funds to increase the increase or local gross sales tax

ii. This federal authorities and the council Negeri return international borders on the idea of Malaysian Day, together with sending diplomatic notes on overseas buildings or beacons from its 44,000 mile to Bintulu, as a way to forestall future internationally harmful titles & # 39; Sarawak oil, fuel and fishing and keep away from energy politics in the future. "Prevention is better than cure," in any other case there might be no enchancment sooner or later. “Good fences make good neighbors.”

iii. The final demarcation of the borders between Sarawi and Indonesia must be accredited by the Council in Negeri.

Thirdly, amendments to the Malaysian Federal Agreement on Appointments for Officials of the Government of Malaysia could also be amended. the closures are correctly closed as follows: "References to the Malay Alliance established by the Association of Malaya Agreements in 1948 and [1957]… in the law in force, and to all officers having an office…. [Malaya] or any authority or body established for that Malaya Federation [and to the extent applicable under the Federation of Malaysia] (including all references to be construed as such a reference under Section 1963 of the Federal Constitution) must be interpreted as… .. Merdekan [of Malaysia] as a reference to the Federation [of Malaysia]which was established by the Federation [of Malaysia Agreement 1963] and its territories …… to respond to any officer, authority or body referred to in all applicable laws. "

Sarawak hopes that the federal government will continue to barter a low profile, mutual respect, profit, and permit the varied parliamentary committees to rigorously look at them, without undermining the proposed holistic strategy, additionally in English, in accordance with Rule 4 (2) (b), returning the 4 actual borders and changing the above. broader, deeper and extra essential articles. All of those should even be modified by including the full room of the Home of Representatives from 222 to 254, and the 32 additional seats won’t be distributed to Sarawak and Sabah in a ratio of 31 to 25, when the 13 seats of the federal states couldn’t be accepted beneath Articles 2 (a), 46, 47 and four Article 1 (four) and Article four (four) of the FT are constitutionally and legally laid down in Article I (three). ) as such, not the Malaysian states

The present federal authorities has promised to comprehend the quick economic benefits of O&G, schooling, health and infrastructure constitutionally as a mere restoration of rights on paper, in any other case it has not been accomplished. The authorized and political answer descends to the courtroom as a poor various to the restoration of MA1963. There’s subsequently no need, as said within the PDA 1974, to vary Article 1 (2) of the deep cosmetic skin by July. Improvement in leisure time isn’t an choice. It is sensible to take a holistic strategy to altering the aforementioned constitutional treaties and limbs with quid professional quo

In consequence, Sarawak divides 20 "Mau san wan" Durians from totally different orchards licensed to the contractor, Federal / Petronas, which would give 65 small fruits by appointing subcontractors that might yield solely 15 fruit rewards where Petronas was another chew.

Permit Parliament to amend the 4 amended boundaries,

ratified by the Borneo States for his or her invalidity and illegality,

Additionally based mostly on the United Nations Conference on the Regulation of the Sea,

Twenty % royalties and sixty plus federal states are our plea,

Malaysian Act 1963 MA63 for is

which have to be changed first, the primary focus of

different by signing a three-party supplementary settlement Changing 2

Article I, paragraph 2, subparagraph I of Article four thereof, after 46 h

Let the Premier's truthful and a legal answer to his sensible historical past,

Fulfilling the goals of the states of Borneo, a dwelling heritage!

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