SIBU: Parti Bumi Kenyalang (PBK) president Voon Lee Shan says there is nothing mentioned in the Federal Constitution to prohibit Sarawak from exiting Malaysia.
Without a valid Malaysia Agreement 1963 (MA63), he argues, there would be no Malaysia.
“But one big issue here is that was MA63 a valid document, or a valid agreement?” he questioned.
“I had consulted many legal experts, including those from Canada and also from the US. They are also of the same opinion as mine, that MA63 is null and void; that it is invalid,” he told a press conference at PBK office here yesterday.
Lee felt it was invalid because at the time of signing the MA63, Sabah, Sarawak and Singapore were still colonies of Great Britain.
As colonies, they had no legal capacity to enter into any agreement with the parent country of the UK and with Malaya, he said.
He thus arrived upon the view that MA63 agreement was ‘null and void, totally invalid, to be disregarded’.
“So with that, the Malaysia Federation should be disintegrated. Even if MA63 was valid, but again substantial breaches in the MA63 had caused the MA63 invalid.
“So these are the two important points that we should rely upon why we should be able to exit from Malaysia. We have a case recently ruled by The International Court of Justice, that is the Chagos Islands Case, delivered by the court on Feb 25, 2019.
“The court delivered that a colony could not sign any treaty or agreement with a parent country.
“Therefore, this Chagos Islands Case is an important case if we want to bring the matter to court to declare that the MA63 is ‘null and void, invalid’.
“If the court declares that Malaysia is invalid, then Malaysia as a federation should disintegrate. But how to do it?
“Thus, PBK should be sent by the voters to become the government of the day.
“If PBK captured the Sarawak government, only then the party would have the locus standi to bring this matter to the court and/or to negotiate with the Federation of Malaysia to exit from the Federation.”
Voon also said asking for independence for Sabah and Sarawak was not an offence under the Sedition Act 1948 as it did not amount to inciting public dissatisfaction against the government.
According to him, Tunku Abdul Rahman Putra and also Lee Kuan Yew had asked for independence from Britain.
“This Sedition Act was enacted by the British Parliament and it had become a Malaysian law, the same law.
“If it was seditious, definitely Tunku Abdul Rahman and Lee Kuan Yew would have been arrested. There’s nothing wrong about it. Under the International law, there is nothing wrong.
“Another factor is that the United Nations General Assembly Resolution 1514 and 1541, would allow decolonisation of colonies after the Second World War.
“We have to rely on these legal points to exit from Malaysia,” added Voon.