KUCHING: The exit of Singapore from Malaysia might have a legal implication on the validity of Malaysia Agreement 1963 (MA63) and the Federation of Malaysia.
This was the interpretation by Sarawak United People’s Party (SUPP) Youth chief Michael Tiang on the recent statement issued by Sarawak-born Australian lawyer Robert Pei.
“MA63 was signed by five signatories namely the United Kingdom, Federation of Malaya, Singapore, North Borneo (now Sabah) and Sarawak, all represented by the respective governments.
“When Singapore was separated from Malaysia, although there were amendments to the Malaysia Act by Malaysia (Singapore Amendment) Act 1965 (CMAA65) in the Parliament, none of the other four signatories were consulted and consents obtained,” said Tiang in a statement yesterday.
According to the political secretary to the chief minister, no actions were taken to amend MA63 to give effect to the exit of Singapore from Malaysia.
As such, many are questioning the validity of the Federation of Malaysia since both the territories and the international boundaries of Malaysia are different from those when it was formed in 1963, he said.
He said Pei’s statement also pointed out that the equal partner status of Sabah and Sarawak is stated clearly in MA63 and enshrined in the Federal Constitution in 1963 until it was amended by Act 354 1976.
Act 354 involves the amendment to Article 1 of the Federal Constitution.
“The amendment to Article 1(2) of the Federal Constitution by Act 354 1976 is unconstitutional and I say its ultra vires (beyond the powers of the Parliament) as the equal partner position of both Sabah and Sarawak was emphasised in MA63.
“MA63 is an international treaty which established the nation and the Malaysian Parliament has no powers to amend the Federal Constitution to differ from the terms and conditions set in MA63,” stressed Tiang.
He said Article 1(3) of the Federal Constitution provides that the boundaries of all states (Malayan states, Sabah and Sarawak) shall remain the same boundaries immediately before Malaysia Day which was Sept 16, 1963.
“I always use these key phrases ‘Did not change. Cannot change’ to sum up Article 1(3) to emphasise that after forming Malaysia, the boundaries of Sarawak must remain as the boundaries decreed by the Queen in Council which passed Sarawak (Alteration of Boundaries) Order in 1954.
“The said boundaries cannot be changed by any party without obtaining consent from Sarawak,” he pointed out.
Because of this, he said several laws that were passed in Parliament that altered and reduced the boundaries of Sarawak had contravened Article 1(3) of the Federal Constitution and must be declared as unconstitutional.
The laws are the Continental Shelf Act 1966 (CSA66), Petroleum Development Act 1974 (PDA74) and Territorial Seas Act 2012 (TSA2012).
Of late, Pei said several federal laws including CMAA65, CSA66 and PDA74 should be repealed first in order to restore the rights of Sarawak and Sabah as enshrined in MA63.
He added that the Pakatan Harapan federal government must move a motion to declare such laws as unconstitutional and repeal all legislations that had violated MA63 if it wants to be seen as genuinely fair and just.