STOP INFRINGING SABAH AND SARAWAK STATES' RIGHTS
The federal government of Malaysia should not introduce Laws that affect Sabah and Sarawak which is contradictory to the provision of the Malaysia Agreement 1963 and The Federal constitution.
Throughout the 53 year of Malaysia, the State Government of Sabah and Sarawak had not been properly notified or consulted by the Federal Government on policies that affect the two states that result in erosion of state powers as well as lob-sided policy implementation on regional basis.
This had been particularly due to ignorance of its own MPs who represented the two states on matters affecting the rights of the state Sabah and Sarawak.
As a result significant number of provision of the Malaysia Agreement 1963 and the Federal constitution had been infringed resulting in much discontentment amongst Sabahans and Sarawakians.
It had also resulted in significant stresses and lags in economic progress in both states. The state of Sabah and Sarawak, although blessed with natural wealth remained as state of the most populous number poorest people with poor basic infrastructure as compared to most states in the Peninsula Malaysia.
Both the State and the federal government should form a body to assist the Attorney General of the states of Sabah, Sarawak and the Federal Government, before policies or bill are to be tabled in the Dewan Rakyat so as to ensure that no provision of the Malaysian agreement and the Malaysian Constitution are repeatedly infringed upon.
The provision of the Malaysian Agreement and the Federal Constitution that had been repeatedly infringed and thus it must be rectified to the position it was suppose to be on the date Malaysian Agreement was adopted.
As to the introduction of Tourism Tax Laws that will take effect on the 1stday of July, 2017, the state Government of Sabah and Sarawak should be consulted to make sure that all the provision of the Act meet the requirement of the Malaysian Agreement 1963 and to sort out details as to how the proceed from the implementation of the laws shall be divided and spent.
The Oil & Gas rights of the State of Sabah and Sarawak had seen no clear, definite and significant changes in negotiation development although the right upon which the federal government held to the territorial water of Sabah and Sarawak had long been relinquished through and by the abrogation of The 1969 Emergency Law in Parliament on the May 23rd, 2011 by the Prime Minister.
42 years of Federal Oil and Gas policy had not significantly brought much favour to Sabah and Sarawak state. The policy instead had brought poverty to the people in the State of Sabah and Sarawak. The federal Government had failed miserably to implement a fair and sound policy to enable it to distribute the states' wealth back to the people of Sabah & Sarawak through fair participation in oil and gas business and employment.
Time waits for no one and while oil and gas resources from the states' territory flowed endlessly to the benefit of the lob-sided policy, the Sarawak State Government had not made any up-to-date official announcement as to the states' position and status relating to the negotiation with the Federal Government.
If the Federal Government amassed the states' oil and gas wealth without having to inform the Sabah and Sarawak in 1969, why is it so difficult for the Sarawak State Government to implement laws and by laws to regulate its own oil and gas wealth?
The Sarawak State Government should act fast and failure to do so would jeopardize the livelihood of Sarawakians who should have deserved the long overdue fair share and distribution of the states' wealth.
The provision of Malaysia Agreement and Malaysian Constitution that touched on Taxation.
Special grants and assignments of revenue to Borneo state stated in Articles 112c of the Federal Constitution
Special Grants and assignment of revenues to Borneo States on State Sales Tax
No taxation imposed unless authorized by the law. Deemed to be that of Federal and states laws.
The legislature of Borneo State may also make laws for imposing sales taxes and any sales taxes imposed by the state law in a Borneo State shall be deemed to be among the matters enumerated in the State List and NOT IN THE FEDERAL LIST but there shall not in the charging or administration of the State Sale Tax be any discrimination between goods of the same description according to the place in which they originate and the charge for any Federal Sales Tax SHALL BE MET OUT OF SUMS COLLECTED FROM A PERSON LIABLE FOR THAT TAX before the charge for a State Tax.
The above provision clearly spelt out that the Federal Government must consult the State Government should it implement the Tourism Tax (which is a form of Sales Tax imposed and collected based on Sales of Tourism Products) in the State of Sabah and Sarawak.
The federal government of Malaysia should not introduce Laws that affect Sabah and Sarawak which is contradictory to the provision of the Malaysia Agreement 1963 and The Federal constitution.
Throughout the 53 year of Malaysia, the State Government of Sabah and Sarawak had not been properly notified or consulted by the Federal Government on policies that affect the two states that result in erosion of state powers as well as lob-sided policy implementation on regional basis.
This had been particularly due to ignorance of its own MPs who represented the two states on matters affecting the rights of the state Sabah and Sarawak.
As a result significant number of provision of the Malaysia Agreement 1963 and the Federal constitution had been infringed resulting in much discontentment amongst Sabahans and Sarawakians.
It had also resulted in significant stresses and lags in economic progress in both states. The state of Sabah and Sarawak, although blessed with natural wealth remained as state of the most populous number poorest people with poor basic infrastructure as compared to most states in the Peninsula Malaysia.
Both the State and the federal government should form a body to assist the Attorney General of the states of Sabah, Sarawak and the Federal Government, before policies or bill are to be tabled in the Dewan Rakyat so as to ensure that no provision of the Malaysian agreement and the Malaysian Constitution are repeatedly infringed upon.
The provision of the Malaysian Agreement and the Federal Constitution that had been repeatedly infringed and thus it must be rectified to the position it was suppose to be on the date Malaysian Agreement was adopted.
As to the introduction of Tourism Tax Laws that will take effect on the 1stday of July, 2017, the state Government of Sabah and Sarawak should be consulted to make sure that all the provision of the Act meet the requirement of the Malaysian Agreement 1963 and to sort out details as to how the proceed from the implementation of the laws shall be divided and spent.
The Oil & Gas rights of the State of Sabah and Sarawak had seen no clear, definite and significant changes in negotiation development although the right upon which the federal government held to the territorial water of Sabah and Sarawak had long been relinquished through and by the abrogation of The 1969 Emergency Law in Parliament on the May 23rd, 2011 by the Prime Minister.
42 years of Federal Oil and Gas policy had not significantly brought much favour to Sabah and Sarawak state. The policy instead had brought poverty to the people in the State of Sabah and Sarawak. The federal Government had failed miserably to implement a fair and sound policy to enable it to distribute the states' wealth back to the people of Sabah & Sarawak through fair participation in oil and gas business and employment.
Time waits for no one and while oil and gas resources from the states' territory flowed endlessly to the benefit of the lob-sided policy, the Sarawak State Government had not made any up-to-date official announcement as to the states' position and status relating to the negotiation with the Federal Government.
If the Federal Government amassed the states' oil and gas wealth without having to inform the Sabah and Sarawak in 1969, why is it so difficult for the Sarawak State Government to implement laws and by laws to regulate its own oil and gas wealth?
The Sarawak State Government should act fast and failure to do so would jeopardize the livelihood of Sarawakians who should have deserved the long overdue fair share and distribution of the states' wealth.
The provision of Malaysia Agreement and Malaysian Constitution that touched on Taxation.
Special grants and assignments of revenue to Borneo state stated in Articles 112c of the Federal Constitution
No taxation imposed unless authorized by the law. Deemed to be that of Federal and states laws.
The legislature of Borneo State may also make laws for imposing sales taxes and any sales taxes imposed by the state law in a Borneo State shall be deemed to be among the matters enumerated in the State List and NOT IN THE FEDERAL LIST but there shall not in the charging or administration of the State Sale Tax be any discrimination between goods of the same description according to the place in which they originate and the charge for any Federal Sales Tax SHALL BE MET OUT OF SUMS COLLECTED FROM A PERSON LIABLE FOR THAT TAX before the charge for a State Tax.
The above provision clearly spelt out that the Federal Government must consult the State Government should it implement the Tourism Tax (which is a form of Sales Tax imposed and collected based on Sales of Tourism Products) in the State of Sabah and Sarawak.
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