KUCHING: The Sarawak government has proposed six major amendments to Article 1(2) of the Federal Constitution, to be sought upon conclusion of the Malaysia Agreement (MA63) discussions with the federal government.
The list containing the matters was circulated to all august House members when a motion to amend the Federal Constitution was moved by Assistant Minister of Law, State-Federal Relations and Project Monitoring Sharifah Hasidah Sayeed Aman Ghazali.
This list, however, was not exhaustive and subject to further consideration, particularly by members of the House and the Consultative Committee set up for this purpose in the last sitting of the State Legislative Assembly.
The six major amendments to Article 1(2) of the Federal Constitution are as follows:
1. The States of the Federation, pursuant to Malaysia Agreement 1963, shall be:
(a) The States of Malaya, namely Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Selangor, and Terengganu; and
(b) The Borneo States, namely Sabah and Sarawak.
2. Insert a new Article 85a to be read as follows:
85A. (1) Where a land or an interest in land in the Borneo States is occupied, used, controlled by the Federal Government or a public authority for a federal purpose under section 75 of the Malaysia Act, 1963 [No. 26 of 1963], or vested in the Federal Government or public authority after Malaysia Day for a federal purpose, ceases to be required for that federal purpose, that land shall not —
(a) be disposed of by the Federal Government or the public authority; or
(b) without the consent of the State Government be used for another federal or any other
purpose other than the purpose for which the land was used immediately before Malaysia Day or the purpose stipulated in the document of title, if any, for the said land.
(2) Where the consent of the State Government is not given under paragraph (b) of Clause (1)
(a) in the case of land occupied, used or controlled and managed by the Federal Government or any public authority pursuant to section 75 of the Malaysia Act, 1963 [No. 26 of 1963], the Federal Government shall offer the land back to the State Government subject to the State Government paying to the Federal Government for the value of any building constructed, or improvements on the land carried out by the Federal Government or the public authority since Malaysia Day;
or
(b) in the case of land granted by the State Government to the Federal Government in pursuance of Articles 83 and 85, the land shall be reverted or surrendered back to the State Government upon the refund of all premium paid by the Federal Government for the land under Clause (2) of Article 83 or Clause (1) of Article 85.
3. Amendment to Article 95B
Add another Clause, to be numbered as Clause (1A), to be read as follows:
(1A) No amendment shall be made to the supplement to List ll or List III of the Ninth Schedule or to this Constitution so as include any matter not already in any of the Lists set out in the Ninth Schedule, without the consent of the Legislature of Sabah and Sarawak to be expressed by a resolution passed by the Legislature of that State.
4. Article 160(2)
4.1 Substituting the definition of ‘the Federation’ with the following new definition: ‘the Federation’ shall mean the Federation established under the Malaysia Agreement signed on the 9th day of July, 1963.
4.2 Add the following new definition: ‘Malaysia Day’ means the 16th day of September, 1963.
5. Article 161A(7)
This Article lists out all the races which are indigenous to Sarawak (i.e. natives of Sarawak). It is proposed to amend this Article by:
(a) adding after the words ‘Sea Dayaks’ the words ‘or Ibans’
(b) adding after the words ‘Land Dayaks’ the words ‘or Bidayuhs’; and
(c) adding after the words ‘Muruts’ the words ‘or Lun Bawang’.
6. Amendment to the Legislative List in the Ninth Schedule
(1) Transfer “Tourism” from Item 25A in List I (Federal List) to be listed as Item 10 in List III (Concurrent List)
Add ‘Environment’ as Item 19 to List IIIA (Supplement to the Concurrent List for Sabah and Sarawak).