Tiang – land, territorial waters within Sarawak boundaries belong to Sarawak

suppadmin | June 7, 2018

In response to comments made by the leaders of Sarawak Pakatan Harapan (PH) stating that the motion filed by Petronas in the Federal Court seeking declaration on its legal power over the country’s oil resources under Petroleum Development Act 1974 (PDA) has caused them to gain the upper hand and forced Sarawak into a passive and cautious position, Sarawak United Peoples’ Party (SUPP) Youth Central Chairman Michael Tiang issues the following statements:

(1) “The land and territorial waters within Sarawak boundaries belong to Sarawak since the last century, particularly the said boundaries were gazetted by the Queen in Council in 1954. In what sense can they say Sarawak is passive?” Tiang questioned the logic of the remarks made by Sarawak PH leaders. “For example, you are the landowner, and others intend to enter into your land for commercial activities. Which party shall seek court’s declaration on whom shall have the rights to the land?” The answer is very simple: It is always the one who wants to claim rights to enter into the land for commercial activities, not the landowner. In our present scenario, it must be for the Petronas to seek declaration from the court, not the landowner, Sarawak! Moreover, in legal proceedings it’s never about who initiates the court proceedings and he shall enjoy an upper hand in the matter.

(2) It has always been Sarawak’s stand that the land and territorial waters within Sarawak boundaries belong to Sarawak. Even after the formation of Malaysia together with Malaya, Sabah and Singapore, the land and territorial waters of Sarawak remain intact as before, which includes Sarawak’s rightful ownership of all natural resources found within the boundaries. These rights are also clearly enshrined in the federal constitution. Nevertheless, an emergency proclamation was made by the federal government in 1969, and some federal legislations were passed during the state of emergency, that includes the unconstitutional “Petroleum Development Act 1974″(PDA) and later after the emergency laws were lifted the federal passed “Territorial Sea Act 2012″(TSA). I believe Sarawak PH leaders including Stampin MP Chong Chieng Jen also acknowledged the above federal laws being unconstitutional and are infringing the Sarawak’s rights and interests.

I would therefore like to ask those MPs from Sarawak PH, how come they are silent on this even after they have become part of the new PH government? Is it because they are very cautious about their chances for ministerial appointments and those chances outweigh the importance of fighting for Sarawak’s rights and interests within the PH government? From Sarawak PH’s press releases, one can see that there are no efforts or plans made by Sarawak PH leaders to stop Sarawak rights being challenged and further eroded. I’m wondering whether their silence was a blessing to Petronas’ court application?

“I wish to remind all MPs from Sarawak PH that you are the only Sarawak representatives in the federal government. People do not wish to see you making statements after statements in the press asking others to make apologies for Sarawak matters; instead Sarawakians demand you to voice out directly to the Prime Minister that there shall never be any infringement on Sarawak rights guaranteed under the Malaysia Agreement 1963 (MA63)! PDA and TSA cannot supersede MA63 and the Federal Constitution. These unconstitutional laws need to be reviewed immediately! Petronas must respect Sarawak’s sovereignty, and it shall comply with the Oil Mining Ordinance 1958 for all their oil mining activities in Sarawak!