KUCHING: The Sarawak government will support the amendment to Article 1(2) of the Federal Constitution on the specified basis that it reflects the ‘original intent’ of the negotiating parties, according to a source.
The Borneo Post has learnt that towards this end, the Sarawak government will lend its support on the explicit condition that the Federation of Malaysia shall comprise: (i) the states of Malaya and (ii) the Borneo states of Sarawak and Sabah.
The source said the Sarawak government will also put forward its expressed stand that is consistent with the proposed amendment to ‘reflect the original intent of the parties involved’.
“There should also be an amendment to the definition of ‘the Federation’ in Article 160(2) of Federal Constitution, which currently reads: ‘the Federation’ means the Federation established under the Federation of Malaya Agreement, 1957,” added the source.
In this regard, the source said the definition of ‘the Federation’ should be amended accordingly to read: ‘the Federation’ means the Federation formed under the Malaysia Agreement, dated July 9, 1963.
The source also revealed that the Sarawak government believes there should be consequential amendments to Article 166 (Succession of Property), Article 167 (Rights, Liabilities and Obligations) and Article 169 (International Agreements made before Merdeka Day).
Meanwhile, State Legal Counsel Dato Sri JC Fong pointed out that the proposed amendment to Article 1(2) of the Federal Constitution, submitted earlier, has not been adopted by Putrajaya.
In an exclusive interview with a Chinese daily, Fong stressed the amendment in its present form, which was first read in Parliament last week, will not restore Sarawak and Sabah to equal status with Peninsular Malaysia.
Fong, who has been advising the Sarawak government on legal matters since 1992, noted that former chief minister Pehin Sri Adenan Satem and former prime minister Datuk Seri Najib Tun Razak had also discussed in depth on MA63 and the provisos pertaining to this Agreement under the Federal Constitution.
He stressed that after the change of government with Pakatan Harapan (PH) at the helm following GE14, the Sarawak government’s stand on restoration of equal status has remained unchanged.
In January this year, during the MA63 Technical Committee Meeting, the State Attorney-General’s Chambers had submitted the proposal to amend Article 1(2) of the Federal Constitution to reflect the equal status position of Sarawak and Sabah – which should include ‘The states of Malaya’ and ‘The Borneo states of Sarawak and Sabah’.
This proposal also included amendments to Article 166 (Succession of Property), Article 167 (Rights, Liabilities and Obligations) and Article 169 (International Agreements made before Merdeka Day), he disclosed, adding the proposal was made in the presence of MPs from PH Sarawak.
Fong pointed out that according to his knowledge, the Technical Committee had decided to present the amendment Bill at the parliamentary sitting in October.
“However, in the last Cabinet meeting, it was decided that the Bill be presented at the April sitting. The reason why the Bill was presented earlier and why it did not adopt the proposal from Sarawak is not known.”
Fong further revealed that after knowing the Bill would be presented earlier, he and Sarawak Attorney-General Datuk Talat Mahmood Abdul Rashid sent a letter to the Technical Committee, requesting a delay, but did not receive a reply.
He stressed that under the new amendment, Sarawak and Sabah have been derogated further to item B. Item A consists of the 11 states in Peninsular Malaysia while item B comprises Sarawak and Sabah.
Fong reaffirmed that what the people of Sarawak want is equal partner status with Peninsular Malaysia and not just being one of the 13 states in the federation.
Referring to statements made by some PH MPs that Malaysia no longer uses the terms ‘Malaya’ and ‘Borneo States’, Fong argued that ‘Malaya’ still exists in the Federal Constitution as clearly reflected in the use of the term ‘High Court of Malaya’.
He thus urged PH leaders to study the amendments to ensure Sarawak’s rights are being protected instead of playing with words.
He opined that the argument and explanation from PH Sarawak chairman Chong Chieng Jen are out of context, stressing: “The amendments are not favourable to Sarawak and Sabah to restore their equal status.”
Fong said the crucial issue to look at is how to amend the Federal Constitution with the best interests of Sarawakians at heart, and not whether the previous leaders had committed any mistake.
He said harping on the mistakes of previous leaders and playing with words will serve no useful purpose other than to cause unnecessary confusion.
He reiterated that the present undertaking is to discuss how best to protect the interests of Sarawak so that the rights of Sarawakians will not be lost.
“As such, the Bill should not be hastily presented for debate and voting,” he added.
Source : Borneo Post
Indie Borneo 