Well, I can’t answer for them Puan Masniah Suhailie.
As far as I am concerned, we should abide by the Malaysia Agreement 1963, Malaysia Act 1963 and the Federal constitution as it was on the day Malaysia was formed..
Over the past 60 years of BN rule, amendment were made to the Federal constitution.
Some of the amendments were said to be in contradiction to MA63 and the Federal constitution itself.
With or without contradiction, all the amendment affecting Sarawak were passed and voted for by Sarawak BN MPs by the majority without abstention.
The questions of whether the amendment were in violation or contradiction to MA63 and the Federal Constitution or not is only for the court to determine.
For instance, the amendment to Article 1(2) of the Federal Constitution made on the 12th & 13th day of August, 1976 was voted for by Sarawak BN MPs by convincing majority.
The passing of the Petroleum Development Act 1974 was moved by our current TYT .
This Act is also said to be in contradiction to Article 112C 4(b) of the federal constitution in that Parliament has no authority to prohibit the levying of royalties on any mineral by the State or to restrict the royalties that may be so levied. That is to say Parliament cannot pass PDA74 that deny Sarawak of its right to charge royalty on any mineral found in its territory.
The signing of “The Sale of Sarawak Petroleum ownership, rights, privileges, powers and liberties in return for cash payment paid by installment in 1975 Agreement” made between Sarawak State Government and Petronas, was made by Sarawak TKM under the then Sarawak Chief Minister Tun Abdul Rahman Yaakub.
We are not sure if it was made as part of the review within the context of Part 47 of the Malaysia Agreement and or 112D of the Federal constitution. That remained a question.
Earlier, the Sarawak Chief Minister Tun abdul Rahman Yaakub signed a vesting order dated 27th day of March 1975, under Section 2(2) of the Petroleum Development Act 1974, to vest the entire Petroleum ownership, rights, privileges, powers and liberties to PETRONAS. The act of vesting the entire Petroleum ownership, rights, priviviges, powers and liberties to PETRONAS is itself denying Sarawak of oil right under 112C 4(b) of the Federal Constitution.
It was also said that the vesting made under section 2(2) of the PDA74 was made before the rate of cash payment (what many Malaysian public, today wrongly refer to as Petroleum Royalty) under section 4 of the Petroleum Development Act 1974 was reached or agreed upon. This is also said to be contractually absurd. In short , one agrees to transfer his land title with the intention of selling before the selling price on the property is fixed or agreed upon.
“The Sale of Sarawak Petroleum ownership, rights, privileges, powers and liberties in return for cash payment paid by installment in 1975 Agreement” also state that, in consideration of the vesting under Sec 2 and Cash Payment in return for ownership of the Petroleum under section 4 of the PDA74, the Sarawak state Government thereby waives any right to royalty or any other payment payable pursuant to any oil mining lease, license or agreement under the land Ordinance of Sarawak or any other written law relating to petroleum for the time being in force in Sarawak.
The waiving of the provisions of the Sarawak laws such the Sarawak Land Code, Oil Mining Ordinance 1958 and the related ones that was in force before the formation Malaysia without the consent of the DUN or without the endorsement of the DUN is said to be in violation of the Federal and state constitution.
The capacity of the signatory to “The Sale of Sarawak Petroleum ownership, rights, privileges, powers and liberties in return for cash payment paid by installment in 1975 Agreement” is questionable.
The rights of Sarawak is protected under the Federal Constitution. Among it are those related to the regulation of the state laws relating to mineral and mining.Item 8(j) of List I (Federal List) and 2(c) of List II (State List) of the Ninth Schedule of the Federal constitution is very clear on the right of the State on the same subject.
The Territorial Sea Act 2012 was passed and later enforced on the 22nd Day of May, 2012, just merely 28 days after the six month period from the date (24 day of November, 2011) PM Najib made the parliamentary announcement to annul or revoke the Emergency Law promulgated on 15th day of May 1969 as well as two other emergency Laws in force in Sarawak. The Territorial Sea Act of 2012 limits the extent of Sarawak’s territorial water from 350 mile to merely 3 miles. The 3 miles is just convenient for “makak bubuk” and shallow fishing. This Territorial Sea Act of 2012, which as supported overwhelmingly by Sarawak BN MPs is also said to be in contradiction to Article 2(b). where Parliament may by law alter the boundaries of any State, BUT THE LAW ALTERING THE BOUNDARIES OF A STATE SHALL NOT BE PASSED WITHOUT THE CONSENT OF THE STATE (expressed by a law made by the Legislature of that State) and of the Conference of Rulers.
Under the present day’s law, Petronas, by virtue of the act and conduct of the past BN government, is the owner of the petroleum resources and as such Petronas, a wholly state (Malaysia) owned corporation will have the say to fix how much “CASH PAYMENT” under section 4 of the PDA74 it is willing to to pay. Sarawak will have to beg for it. It was the past BN government who positioned Sarawak as bagger to the 1974, 1975 petroleum deal.
As beggar how much and what can the Sarawak PH MPs do to revert back the position?
The Sarawak Oil Mining Ordinance 1958 and the administrative practices applied to Sarawak oil & gas was already in place long before the the existence of the PDA74 but it was kept in the dark cupboard for almost 44 years without generating any oil and gas revenues for the state until it was highlighted just recently.
As for the the 20% “Royalty” it is still under the sec 4 of the PDA74. That is CASH PAYMENT in return for Petroleum ownership, rights, privileges, powers and liberties to PETRONAS. It is up to Sarawak state government to decide. PH Sarawak is not the government of the day in Sarawak.
Hansard Parlimen Malaysia - Rang Undang-undang Akta Kemajuan Petroliam pada
17/07/1974
18/07/1974
We are not sure if it was made as part of the review within the context of Part 47 of the Malaysia Agreement and or 112D of the Federal constitution. That remained a question.
Earlier, the Sarawak Chief Minister Tun abdul Rahman Yaakub signed a vesting order dated 27th day of March 1975, under Section 2(2) of the Petroleum Development Act 1974, to vest the entire Petroleum ownership, rights, privileges, powers and liberties to PETRONAS. The act of vesting the entire Petroleum ownership, rights, priviviges, powers and liberties to PETRONAS is itself denying Sarawak of oil right under 112C 4(b) of the Federal Constitution.
It was also said that the vesting made under section 2(2) of the PDA74 was made before the rate of cash payment (what many Malaysian public, today wrongly refer to as Petroleum Royalty) under section 4 of the Petroleum Development Act 1974 was reached or agreed upon. This is also said to be contractually absurd. In short , one agrees to transfer his land title with the intention of selling before the selling price on the property is fixed or agreed upon.
“The Sale of Sarawak Petroleum ownership, rights, privileges, powers and liberties in return for cash payment paid by installment in 1975 Agreement” also state that, in consideration of the vesting under Sec 2 and Cash Payment in return for ownership of the Petroleum under section 4 of the PDA74, the Sarawak state Government thereby waives any right to royalty or any other payment payable pursuant to any oil mining lease, license or agreement under the land Ordinance of Sarawak or any other written law relating to petroleum for the time being in force in Sarawak.
The waiving of the provisions of the Sarawak laws such the Sarawak Land Code, Oil Mining Ordinance 1958 and the related ones that was in force before the formation Malaysia without the consent of the DUN or without the endorsement of the DUN is said to be in violation of the Federal and state constitution.
The capacity of the signatory to “The Sale of Sarawak Petroleum ownership, rights, privileges, powers and liberties in return for cash payment paid by installment in 1975 Agreement” is questionable.
The rights of Sarawak is protected under the Federal Constitution. Among it are those related to the regulation of the state laws relating to mineral and mining.Item 8(j) of List I (Federal List) and 2(c) of List II (State List) of the Ninth Schedule of the Federal constitution is very clear on the right of the State on the same subject.
The Territorial Sea Act 2012 was passed and later enforced on the 22nd Day of May, 2012, just merely 28 days after the six month period from the date (24 day of November, 2011) PM Najib made the parliamentary announcement to annul or revoke the Emergency Law promulgated on 15th day of May 1969 as well as two other emergency Laws in force in Sarawak. The Territorial Sea Act of 2012 limits the extent of Sarawak’s territorial water from 350 mile to merely 3 miles. The 3 miles is just convenient for “makak bubuk” and shallow fishing. This Territorial Sea Act of 2012, which as supported overwhelmingly by Sarawak BN MPs is also said to be in contradiction to Article 2(b). where Parliament may by law alter the boundaries of any State, BUT THE LAW ALTERING THE BOUNDARIES OF A STATE SHALL NOT BE PASSED WITHOUT THE CONSENT OF THE STATE (expressed by a law made by the Legislature of that State) and of the Conference of Rulers.
Under the present day’s law, Petronas, by virtue of the act and conduct of the past BN government, is the owner of the petroleum resources and as such Petronas, a wholly state (Malaysia) owned corporation will have the say to fix how much “CASH PAYMENT” under section 4 of the PDA74 it is willing to to pay. Sarawak will have to beg for it. It was the past BN government who positioned Sarawak as bagger to the 1974, 1975 petroleum deal.
As beggar how much and what can the Sarawak PH MPs do to revert back the position?
The Sarawak Oil Mining Ordinance 1958 and the administrative practices applied to Sarawak oil & gas was already in place long before the the existence of the PDA74 but it was kept in the dark cupboard for almost 44 years without generating any oil and gas revenues for the state until it was highlighted just recently.
As for the the 20% “Royalty” it is still under the sec 4 of the PDA74. That is CASH PAYMENT in return for Petroleum ownership, rights, privileges, powers and liberties to PETRONAS. It is up to Sarawak state government to decide. PH Sarawak is not the government of the day in Sarawak.
Hansard Parlimen Malaysia - Rang Undang-undang Akta Kemajuan Petroliam pada
17/07/1974
18/07/1974
19/07/1974
17/07/1974
22/07/1974
24/07/1974 (Rang undang-undang Kemajuan Petroliam)
25/07/1974
17/07/1974 - Hansard / Penyata Rasmi Parlimen Malaysia
18/07/1974 - Hansard / Penyata Rasmi Parlimen Malaysia
19/07/1974 - Hansard / Penyata Rasmi Parlimen Malaysia
22/07/1974 - Hansard / Penyata Rasmi Parlimen Malaysia
24/07/1974 - Hansard / Penyata Rasmi Parlimen Malaysia (Rang undang-undang Kemajuan Petroliam)
25/07/1974 - Hansard / Penyata Rasmi Parlimen Malaysia
Extract of “The Sale of Sarawak Petroleum ownership, rights, privileges, powers and liberties in return for cash payment paid by installment in 1975 Agreement”
(Contents only)
Vesting dated 27th day of March 1975, under Section 2(2) of the Petroleum Development Act 1974, to vest the entire Petroleum ownership, rights, privileges, powers and liberties to PETRONAS.
Petroleum Development Act, 1974
