London mission team finds parts of ‘Migrated Archives’ documents on Sarawak

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Abang Johari (right) listens to the briefing on the findings by the research mission team to London. Also seen are (facing camera, from right) Deputy Chief Minister Datuk Amar Awang Tengah Ali Hasan and Fong. On the row at Abang Johari’s left are Sharifah Hasidah (right) and Gerawat (second left). — Photo courtesy of The Chief Minister’s Office

THE research mission team to London has obtained the documents on the ‘Continental Shelf’, which confirm the ownership rights of the state to the natural resources on the seabed and in the subsoil of the continental shelf within the boundaries of Sarawak, as defined in the said Order in  Council.

Assistant Minister of Law, State-Federal Relations and Project Monitoring Sharifah Hasidah Sayeed Aman Ghazali, who led the Sarawak team to London for the research mission, said these were among the items that they had come across through research and study of the documents, which originated from Sarawak before Sept 16, 1963, but classifi ed by the Colonial Administration as ‘secret’ / ‘confidential’.

“These documents formed what’s termed the ‘Migrated Archives’ – those that have been ‘declassified’ by UK government and stored in the British National Archives. These documents were no longer in the custody of the state government after Sept 16, 1963,” she said in a press statement on Aug 9, after her team had briefed Chief Minister Datuk Patinggi Abang Johari Tun Openg on their findings.

Abang Johari had on July 1 announced that the state would send a team of lawyers to London to search for any study and reference related to the state’s rights under the Malaysia Agreement 1963 (MA63).

Abang Johari said this was a continuation of former chief minister, the late Pehin Sri Adenan Satem’s efforts to retrieve the state’s rights as embodied under MA63.

“This agreement is not simply an agreement – we want to get the facts right because if we want to make a claim, we must do our homework; otherwise we are just shooting at the target without hitting it,” Abang Johari was quoted as saying then.

Although he did not disclose the members of the state legal team, a source told The Borneo Post that the team consisted of State Legal Counsel Dato Sri JC Fong, State Legislative Assembly Deputy Speaker Dato Gerawat Gala and lawyers from the state Attorney-General’s Chambers.

Sharifah Hasidah said the research team also found documents on the reasons and objectives of the making of the Sarawak (Alteration of Boundaries) Order 1954 by the Queen in Council, for the determination of the boundaries of Sarawak’s land, sea and continental shelf limits prior to Sept 16, 1963.

Additionally, she said they had also obtained British Government Cabinet Papers relating to the Cobbold Commission’s Report and its views on granting Sarawak’s independence on the formation of the new Federation of Malaysia, besides documents on the formation of Malaysia including the minutes of meetings of the Inter-Governmental Committee (IGC) leading to the publication of the IGC Report.

“Copies of these documents have been obtained by the team from the British National Archives and from the Commonwealth Library and Archive at Marlborough House in London.

The government is studying these documents to ascertain the basis for the recommendations contained under the IGC Report of the constitutional safeguards for Sarawak and what further actions that need to be taken in order to have them fully implemented under Article VIII of the Malaysia Agreement – if they had not been already incorporated in the Federal Constitution or by executive, legislative or other action since Sept 16, 1963.”

Sharifah Hasidah said the documents found by the team would add strength to state’s position in the discussions with federal government on devolution of power (DOP), and towards the resolution of various constitutional matters under deliberation in these discussions.

On DOP, she said there was a meeting of the steering committee on July 25 this year, co-chaired by Foreign Minister Datuk Seri Anifah Aman (from Sabah) and Minister in Prime Minister’s Department Datuk Seri Nancy Shukri, to deliberate on the Report by the Technical Committee on DOP, headed by the federal Attorney-General.

“The Sarawak government was represented at this meeting by a team led by the State Attorney-General. This process of resolving the constitutional as well as financial issues is, therefore, an ongoing exercise. The mission to London serves to strengthen the state’s case in this important phase of the discussion on DOP with the federal authorities.”

Sharifah Hasidah said the state government would endeavour in obtaining from the British National Archives, documents in the previously classified files migrated from Sarawak to custody of the UK government’s control – before Sept 16, 1963, so that the state could also have possession of these important documents, particularly those in relation to the grant of oil mining concessions, revenue and financial matters, control of shipping and fisheries in Sarawak waters, as well as administration of education, labour and public health.

“These documents, generated during the colonial administration, will provide a better understanding on how these subject-matters were handled by before Independence,” she said.