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Thursday, 17 April 2014

Jeffrey vs Musa at the State Assembly, May 15, 2014

KOTA KINABALU: It was a rather rough day for opposition assemblyman Jeffrey Kitingan at the State Legislative Assembly sitting here yesterday as he had to fight just to be heard through the raucous interruptions from government lawmakers.



The State Reform Party (Star) Sabah chief had barely started his speech, asking where the wealth of Sabah from the oil revenue had gone when Sekong Assemblyman Samsuddin Yahya interrupted him to seek an explanation from him.




The assemblyman for Bingkor managed to continue a little later only to be interrupted by Deputy Chief Minister and Petagas Assemblyman Yahya Hussin asking for a clarification saying he was making a sweeping statement when he said Sabahans are poor.



Jeffrey reaffirmed this saying the people in Sabah are poor if judging from how wealthy in resources the state is with revenue from oil last year amounting to RM28 billion and Sabah only getting RM1.4bil of it.



“It is okay, but the other RM26 billion … who is getting that … who profited it. The same with the tax, where the country is expected to get RM40 billion (from Sabah) this year. This means Sabah is capable for producing RM64 billion altogether,” he said.



At this point Yahya, joined by Pantai Manis Assemblyman Abdul Rahim Ismail, interrupted him again. Abdul Rahim said he used Order 43 citing Jeffrey’s command of the language and hinting at a hidden agenda.



“Speaker, he (Jeffrey) is different from the others. He is so extraordinary but not that smart,” said Abdul Rahim, adding Jeffrey had in an article in published in the news portal, Malaysiakini, had spoken about very sensitive matters.



Abdul Rahim said the the article contained elements that could incite the people of Sabah to favour a pull out from Malaysia, which he (Abdul Rahim) considered treasonous.



“This kind of a person should not be in this House … he deserves to be in jail,” he said, while asking Jeffrey not to make statements that would incite people to hate the government.



As he was about to resume his speech, Resource Development and Information Technology Minister Siringan Gubat interrupted him.



A bit exasperated, Jeffrey said he was surprised why state leaders did not want to claim the state rights.



Samsuddin Yahya chipped in to ask why Jeffrey and his supporters were using as their political vehicle a party that was formed in Sarawak and not one from Sabah, to which Jeffrey replied that both Sabah and Sarawak have similar rights and standing in Malaysia so both could claim their rights in Malaysia.



“So what is wrong for me to use a party from Sarawak as you (Samsudin) are using a party from Malaya,” he said.



Chastened, Samsudin retorted that Jeffrey himself had been in the Barisan Nasional government and as such was a hypocrite.



Jeffrey refused to be drawn and instead spoke on the the escalating prices of goods and services that he said were burdening the people of Sabah who were already poor.



Tamparuli Assemblyman Wilfred Bumburing joined his attack on the government by asking why they were being so sensitive with the issue of poverty in the state which was obvious to everyone.



Abdul Rahim again interrupted and that led to another exchange of words because jJeffrey uttered the word “barang” Jeffrey which was seen as a crude word.



Jeffrey then touched on the poor road conditions in Sabah, but Samsuddin interrupted him asking him whether he agreed that an advanced state like Selangor had no water. Jeffrey replied: “If Selangor didn’t have water, the people would have died by now,” provoking laughter in the House.



Jeffrey went on to ask why the money for building a water treatment plant in Keningau was in the form of loan when the money should have come from the state’s oil revenue.



He went on to ask what the state government was going to do to settle the issue of its oil revenue that was now going into the federal coffers.



While referring to this month’s kidnapping of two women from a resort in Semporna, Gum Gum Assemblyman Zakaria Edris interrupted him to ask about his relationship with a Sultan of Sulu, Sultan Kiram.



Unphased, Jeffrey replied that the Sultan was a member of Umno and he has a proof of this.



He then touched on the Eastern Sabah Security Command (Esscom) and questioned if the Federal Government was providing sufficient allocation to enable it to perform better.



After several more interruption, Chief Minister Musa Aman stood up and invited Jeffrey to come and see so he can give him an explanation on whatever he intended to know and not make statements to mislead the House and insult its members.



Speaking to reporters later, Jeffrey said he was really disappointed that he was not allowed to speak and present his views fully because of continuous interruption.



He said that it seemed the BN members all had closed minds and were on the defensive every time he spoke up for the state, and instead accusing him of having ill intentions.



“I think this is a very bad reflection of mindset of the people who seem to be very defensive all the time. They are not opening up their minds,” he said.



“And, when they are not opening their mindset, we will not be able to see any progress…because they are not going to admit that there is a problem, they are not going to admit there is a mistake, and thus will continue with their mindset the way they have been tuned all these years,” he said.



Jeffrey said he was also very disappointed the Chief Minister also lost his temper and composure in the House and said a lot of things as if “he is a man that just comes out from somewhere, without any dignity.”



“Without any respect to the House. You may be the Chief Minister but you cannot point at people like that in the House and ask people to sit down in there, because you are not the chief of the House, you are not the Speaker but just one of the members of the House,” he said.



Jeffrey said he was disappointed because he and others like him, as the elected representatives of the people, were not allowed to express the truth about our problems and what the people wanted them to express in the House.



“We are not allowed to do that in the House because they are so narrow-minded…what we can say outside we cannot do in the House … it is the opposite,” he said.



“We are supposed to be more opened, democratic and we are protected…so what the House is for then? What is the use of it?



“The purpose of the House is to discuss the problem of the rakyat, the country, and to find solutions. It means it has to be open, democratic and accommodative instead of (being) restrictive like the way we were being treated,” he added.



He said he was more surprised that even veteran politicians did not behave in a dignified manner.



“I have done my duty … I have tried to do my duty for the people … to convey what the problems are … what needs to be resolved, for the benefit of the country and the people. It is not for my benefit,” said Jeffrey.



Frustrated that he did not manage to finish his debate speech because of the many interruptions, he nevertheless said there was some positive things that had been accomplished.



“The Chief Minister agreed to discuss privately my suggestion of how we should go about reclaiming some of rights particularly the oil,” he said.



He said he would pursue that and hope it would be a proper discussion because “I actually just want to help”.



On his rejected three motions, Jeffrey explained it were rejected on the excuse that he did not mention under what Order he was submitting the motions and after he took it back and re-submitted it he was told he was late.



“Actually I went personally to the office to discuss my motion. I told them I want to table it under Order 23 (1) which is an emergency motion where we do not need to stand up…so it is not correct that I did not follow the procedures because I followed the proper procedures,” he said.



“It is not late, because I went to submit the motions two weeks before, and then re-submit it two days before and it actually only needs to be submitted 24 hours earlier.”



Source: Google Syndication
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Wednesday, 16 April 2014

ida Rafik gagal ketepikan saman bekas pemandu peribadi




Pelakon Zahida Rafik hari ini gagal mengetepikan saman yang difailkan bekas pemandu peribadinya berhubung tuduhan memfitnah dalam sebuah akhbar tabloid berkaitan kehilangan wang RM200,000.

Hakim Mahkamah Tinggi Datuk Hue Siew Kheng menolak permohonan Zahida untuk mengetepikan saman yang difailkan Noor Azman Azemi serta memerintahkan Zahida membayar kos RM3,500 kepada lelaki itu.

Hue membuat keputusan itu di dalam kamarnya di hadapan peguam Latheefa Koya yang mewakili Noor Azman dan Jeffrey John yang mewakili Zahida.

Latheefa memberitahu pemberita bahawa Hue menolak permohonan itu atas alasan saman berkenaan bukan suatu kes yang patut ditolak dan mahkamah menetapkan 20 dan 21 Oktober untuk perbicaraan.

Beliau berkata mahkamah juga menolak permohonan defendan untuk mendapatkan penangguhan pelaksanaan keputusan itu sementara menunggu keputusan rayuan.

Pada 27 November tahun lepas, Noor Azman memfailkan saman yang mendakwa pelakon terbabit, yang berlakon dalam filem "Anak Mami The Movie", secara salah dan berniat jahat membuat kenyataan berunsur memfitnah dalam sebuah artikel yang disiarkan akhbar berkenaan pada 3 Mac tahun lepas.

Noor Azman mendakwa Zahida menuduhnya melesapkan wang itu, yang sepatutnya dimasukkannya ke dalam akaun bank pelakon tersebut.

Menurut Noor Azman, kenyataan itu menggambarkannya sebagai seorang yang tidak amanah, pencuri dan penjenayah serta mencemar nama baiknya dan merosakkan peluangnya untuk mendapat pekerjaan.

Menurut Noor Azman dia direman polis selama empat hari selepas Zahida, 39, membuat laporan polis terhadapnya berhubung kehilangan wang itu.

Plaintif menuntut ganti rugi am, teruk dan teladan serta kos dan relif lain yang dianggap wajar oleh mahkamah. – Bernama






Sumber: Feed Bahasa Malaysia
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Tuesday, 15 April 2014

I am Sabahan - and that is that - The Star Online









I am Sabahan - and that is that

The Star Online

Still I lived on in Sabah, and my friends wondered why I bothered staying so long. The answer is simple. I stayed out of an unexpected fondness for Sabah's people. I stayed to reconnect with my family, and for the basic reality that a man is nothing if ...







Source: Google Syndication
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State Reform Party (STAR) Sabah | Facebook

State Reform Party (STAR) Sabah. 1,042 likes · 2 talking about this. Community

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jeffrey kitingan | LinkedIn

View jeffrey kitingan's professional profile on LinkedIn. LinkedIn is the world's largest business network, helping professionals like jeffrey kitingan discover ...

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frey unhappy he was disallowed to fully express views

BINGKOR assemblyman Datuk Jeffrey Kitingan was disappointed that he was not allowed to finish his speech during the […]



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Monday, 14 April 2014

Pemimpin PAS, Hindraf dan Malaysia Timur Masing-masing Memberi Pandangan dalam Forum Krisis Perkataan “Allah”

Forum “Krisis Perkataan Allah • Hak Berperlembagaan • Kebebasan Beragama” yang dianjurkan bersama oleh kami dan Lajnah Perpaduan Nasional PAS Johor sebelum ini dijadualkan pada 13hb April (Ahad), terpaksa ditunda ke 4hb Mei (Ahad), jam 2 petang, di Auditorium, Tingkat lima Bangunan JOTIC (Bersebelahan Mahkamah Tinggi JB) kerana sebab-sebab yang tidak dapat dielakkan.



Kami dengan ikhlas memohon maaf kepada mereka yang berminat untuk hadir ke forum ini dan masyarakat umum yang prihatin terhadap "krisis perkataan Allah" kerana tidak dapat menjemput wakil pertubuhan yang bekait langsung dengan isu ini dan wakil pertubuhan yang berkewibawaan dalambidang berkenaan untuk hadir bersama dalam forum ini. Krisis tersebut dan peristiwa susulannya telah menarik banyak perhatian dari masyarakat bukan Islam yang merupakan hampir separuh dari jumlah populasi negara ini. Isu ini paling membimbangkan semua penganut Kristian di negara kita. Walau bagaimanapun, kami tetap berharap berpeluang untuk menjalin hubungan dan kerjasama dengan pertubuhan-pertubuhan agama dan para pemimpin mereka pada masa depan.



Parti Islam Se-Malaysia (PAS) dengan besar hati setuju menghantar seorang wakil untuk menjadi ahli panel dalam forum ini. (sila rujuk rencana berkaitan yang dipaparkan pada 10hb April di blog Sahabat Rakyat). Setelah perbincangan terperinci, jawatankuasa kerja forum memutuskan untuk menjemput tiga ahli panel seperti berikut. Kami berharap mereka dapat berkongsi pandangan masing-masing daripada perspektif yang lebih luas. Pertimbangan utama kami mengundang ahli panel di bawah adalah seperti berikut:



1. Dr. Shad Saleem Faruqi – Beliau merupakan profesor undang-undang dan berkhidmat sebagai penasihat undang-undang di Universiti Teknologi Mara di Shah Alam, Selangor. Beliau juga pernah berkhidmat di fakulti undang-undang Universiti Islam Antarabangsa Malaysia, berkhidmat separuh masa di Universiti Kebangsaan Malaysia dan sebagai profesor jemputan di Universiti Sains Malaysia. Dalam satu forum yang diadakan pada bulan lepas, beliau mengemukakan pandangan bahawa larangan ke atas penganut bukan Islam daripada mengguna perkataan Allah adalah tindakan yang melanggar Perlembagaan Persekutuan.



2. P. Waytha Moorthy – Beliau merupakan pengerusi Persatuan Hindraf Malaysia. Sebelum PRU ke-13, beliau selaku pengerusi Persatuan Hindraf telah menandatangani satu memorandum persefahaman (MoU) dengan Najib Razak yang mewakili klik hegemoni UMNO dan menyeru pengundi berbangsa India memberi sokong kepada Barisan Nasional (BN). Selepas PRU ke-13, beliau dilantik sebagai ahli Dewan Negara dan Timbalan Menteri di Jabatan Perdana Menteri. Namun, beliau meletak jawatan selepas 9 bulan kerana berasa ditipu dan diperdaya oleh Najib dan klik pemerintah BN.



3. Dr. Jeffrey Kitingan – Beliau merupakan pengerusi Parti STAR di Sabah. Beliau juga merupakan penganut Kristian dan seorang pemimpin kaum Kadazan-Dusun. Ekoran daripada keputusan Mahkamah Rayuan yang memihak kepada kerajaan dan mengumumkan larangan penggunaan perkataan “Allah” oleh penganut bukan Islam, beliau pernah berkata bahawa: “Ini bukan keputusan Mahkamah Rayuan, tetapi polisi UMNO-BN. Malaysia akan dimusnahkan dan berpecah-belah melainkan Perdana Menteri dan BN menjalankan transformasi menyeluruh dan bersikap inklusif dan inginkan pendamaian” dan “Sekiranya kerajaan persekutuan mengizinkan extremis di Semenanjung mengapi-apikan perpecahan, maka tiada alasan untuk terus mengekalkan Sabah dan Sarawak.



Prof. Dr. Shad Saleem Faruqi semasa menerima undangan kami menyatakan bahawa beliau tidak dapat hadir untuk berucap, tetapi beliau akan mengemukakan satu makalah untuk berkongsi pendapat dengan pertubuhan, parti politik dan individu demokratik. Pengerusi Persatuan Hindraf Waytha Moorthy pula akan hadir dan menyampaikan ucapannya dalam forum ini.



Seperti biasa, kami akan meminta ahli panel menghantar artikel (tiada had perkataan) sebelum forum diadakan, supaya kami boleh menyediakan booklet untuk diedarkan kepada para hadirin forum. Selain itu, kami juga akan menghantar artikel-artikel tersebut kepada media massa dan pertubuhan dan parti politik dalam negara. Kami juga akan memaparkan artikel-artikel ini di laman web pihak penganjur untuk dilayari.



Kami dengan ikhlas menjemput rakyat semua lapisan, semua kaum dan semua agama yang prihatin terhadap keadaan hak asasi dan demokrasi negara kita untuk hadir bersama dalam forum ini. Masuk adalah percuma. Sila hubungi nombor di bawah untuk maklumat lanjut.

Source: Google Syndication
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Sunday, 13 April 2014

Jeffrey G Kitingan | Facebook

Jeffrey G Kitingan is on Facebook. Join Facebook to connect with Jeffrey G Kitingan and others you may know. Facebook gives people the power to share and makes the ...

Source: Google Syndication
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Thursday, 10 April 2014

Joseph Pairin Kitingan - Wikipedia, the free encyclopedia

Tan Sri Datuk Seri Panglima Joseph Pairin Kitingan (born August 17, 1940), is a Malaysian politician and was the seventh Chief Minister of Sabah, a state in Malaysia.

Source: Google Syndication
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Jika Sabah, Sarawak merdeka, mampukah mereka berdikari?

http://ift.tt/1gpgxIj

Mereka sepatutnya dilayan sebagai equal partner dengan Semenanjung Malaysia



Sumber: Feed Bahasa Malaysia
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Wednesday, 9 April 2014

Jeffrey Kitingan - Wikipedia, the free encyclopedia

Datuk Dr. Jeffrey Gapari Kitingan is a politician from the state of Sabah in Malaysia. He was born in the town of Kota Marudu and graduated from Harvard University ...

Source: Google Syndication
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ESS STATEMENT PRESS CONFERENCE – 09 APRIL 2014 MOTIONS SUBMITTED FOR DUN SABAH...

PRESS STATEMENT

PRESS CONFERENCE – 09 APRIL 2014

MOTIONS SUBMITTED FOR DUN SABAH SESSION 14-17 APRIL 2014

------------------------------------------------------------

Kota Kinabalu: INTRODUCTION

As many are aware, the hot topics on Sabah and Sarawak currently are related to

the Review of the Malaysia Agreement 1963 and the issue of “Oil Royalties”. What

used to be topics raised mainly by the opposition, they have now become

mainstream with Sabah BN leaders jumping on the bandwagon seemingly

changing their tune that the Malaysia Agreement/20-Points are not relevant to

that of championing for the rights of Sabah with regards to the Malaysia

Agreement and the 20-Points together with the so-called “oil royalties”.



Whether these BN leaders are genuine and sincere or merely following the coat-

tails of Sarawak leaders and jumping on the bandwagon to gain cheap publicity

because the people are demanding for these rights, it is left to be seen? Of course,

the people are saying that these Sabah BN leaders are not sincere and merely

mimicking because they need to be seen to be in support of the people’s growing

demands.

But what is clear, the voices of the people in Sabah and Sarawak are getting

clearer and louder. They are demanding the restoration of the rightful autonomy

and equal partner status to Malaya as well as the stopping of the rape, pillage

and stealing of Sabah and Sarawak’s oil and gas resources and wealth.



MOTIONS AND PRIVATE MEMBER’S BILL FOR DUN SESSION 14-17 APRIL 2014

After the 13th General Elections in May 2013, the State Reform Party, Sabah

(STAR Sabah) reiterated that it will continue its political struggle for justice,

change and for the recognition and implementation of Sabah's rights and

autonomy and that STAR will be the voice of Sabahans who want justice, their

rights reinstated, and for Sabah to be an autonomous region in the federation of

Malaysia.



This is also consistent with my humble self’s continued struggle for Sabah rights

and autonomy, the restoration of Sabah as an equal partner in Malaysia as well

as the re-claiming of Sabah’s oil and gas resources that were wrongfully and

unlawfully vested by the federal government to Petronas in 1975/76.

Therefore, consistent with our struggles and as the sole STAR representative in

the Sabah State Legislative Assembly, I have tabled three (3) Motions and a

Private Member’s Bill for debate in the forthcoming DUN session scheduled on

14-17 April 2014.



The Private Member’s Bill is the proposed CONSTITUTION OF SABAH

(AMENDMENT) BILL, 2014 which proposes an amendment to restore the position

of the Head of State of Sabah, TYT Yang DiPertua Negeri back to its original TYT

Yang DiPertua Negara. The proposed Bill is set out below.

The 3 Motions are:-

(1) BAHAWASANYA Kerajaan Sabah digesa dengan segeranya mengkaji kesahihan

Akta Pembangunan Petroleum 1974 (Petroleum Development Act 1974) yang

bercanggah dengan Perlembagaan Persekutuan dan hak-hak Sabah dan

seterusnya Kerajaan Sabah digesa mengambil segala tindakan yang selanjutnya

termasuk tindakan undang-undang dan melalui wakil rakyat Sabah di Parlimen

untuk membatalkan dan atau memansuhkan Akta tersebut; dan

BAHAWASANYA Kerajaan Sabah digesa dengan segeranya mengkaji kesahihan

Perjanjian Minyak bertarikh 14hb. Jun 1976 yang dimeterai diantara Kerajaan

Sabah dengan Petroliam Nasional Berhad (Petronas) dan bidangkuasa Ketua

Menteri Sabah ketika itu yang menandatanganinya tanpa perbahasan dan

kelulusan Dewan Undangan yang mulia ini dan seterusnya Kerajaan Sabah digesa

mengambil segala tindakan yang selanjutnya termasuk tindakan undang-undang

dan melalui Dewan mulia ini untuk membatalkan Perjanjian Minyak tersebut;



(2) BAHAWASANYA Kerajaan Sabah digesa dengan segeranya mengkaji semula

Perjanjian Malaysia 1963 bersama-sama dengan Kerajaan-kerajaan Persekutuan

Malaysia, Persekutuan Tanah Melayu dan Sarawak, yang sepatutnya dikaji semula

sepuluh (10) tahun selepas 1963 seperti yang dipersetujui dahulu dan yang telah

tertangguh sejak 1975; dan

BAHAWASANYA Kerajaan Sabah digesa dengan segeranya menyaran Kerajaan-

kerajaan Persekutuan Malaysia, Persekutuan Tanah Melayu, Sarawak dan Great

Britain, menghidupkan semula Jawatankuasa Antara Kerajaan (Inter-Governme

ntal Committee) dengan empat (4) perwakilan setiap Kerajaan Persekutuan Tanah

Melayu, Sabah, Sarawak dan Great Britain, untuk memantau dan melaksanakan

Perjanjian Malaysia 1963 dengan sepenuhnya bersama-sama segala dokumen,

memorandum, perjanjian, jaminan, akujanji dan syor yang berkenaan dan

berkaitan.



(3) “Bahawa untuk menjalankan kuasa-kuasa yang diberi dibawah Artikel 44

Perlembagaan Sabah, Dewan ini memberi ketetapan memberi kuasa kepada

Pencetak Kerajaan Sabah mencetak Perlembagaan Sabah yang berkuatkuasa pada

16 September 1963”.

RESTORATION OF TYT YANG DIPERTUA NEGARA

The Private Member’s Bill on the amendment of the Constitution of Sabah to

restore the position of TYT Yang DIPertua Negara is as follows:-

RANG UNDANG-UNDANG

PERLEMBAGAAN SABAH (PINDAAN) 2014

Suatu Enakmen untuk meminda Perlembagaan Sabah.

Enakmen ini bolehlah dinamakan Enakmen Perlembagaan Tajuk

(Pindaan) 2014, dan hendaklah dibaca bersekali dengan ringkas

Perlembagaan dan hendaklah disifatkan sebagai telah mula

berkuatkuasa pada …….. 2014.

Perlembaggan adalah dengan ini dipinda dengan Pindaan bagi

menggantikan perkataan-Perkataan “Yang DiPertua perkataan - Negeri” di mana

jua terdapat dalam Perlembagaan dengan perkataan

perkataan-perkataan “Yang DiPertua Negara”. “Yang DiPertua Negeri” (terjemahan

dalam Bahasa Inggeris)



CONSITUTION OF SABAH (AMENDMENT) BILL 2014

An Enactment to amend the Constitution of Sabah.

This Enactment may be cited as the Constitution Short Title

(Amendment) Enactment 2014, shall be read as one

with the Constitution and shall be deemed to have

come into operation on the ……. 2014.

The Constitution is hereby amended by substituting Amendment for the words

“Yang DiPertua Negeri” wherever they of the word appear in the Constitution the

words “Yang DiPertua “Yang DiPertua Negara”. Negeri”



EXPLANATORY STATEMENT

ON RANG UNDANG-UNDANG

I am glad to note that in recent times Sabahans are growing more aware of the

status of Sabah and the historical fact that Sabah did not join Malaysia as

manipulated and distorted by some but that Sabah formed Malaysia on 16

September 1963 with the Federation of Malaya, Sarawak and then Singapore

before it left in 1965.



This growing awareness of Sabahans are slowly but surely influencing Sabah

leaders in general and Sabah BN in particular, to acknowledge that Sabah formed

Malaysia and are equal partners in Malaysia.

Historically, Sabah had been equal to the Federation of Malaya in many aspects

and TYT the Governor was known as TYT Yang Di Pertua Negara in the

Constitution of Sabah effective from 16 September 1976.



Unfortunately, the

sanctity and status of TYT was down-graded to TYT Yang DiPertua Negeri on 29

August 1976. It is a sad turn of event in the history of Sabah.

The position of TYT Yang DiPertua Negara of Sabah is acknowledged in Paragraph

20(1) of the Report of the IGC as well in numerous Articles in the Federal

Constitution as at 16 September 1963 and the Proclamation of Malaysia that was

read and proclaimed by our beloved first Prime Minister of Malaysia, the late

Tunku Abdul Rahman on 16 September 1963.



The position of Sabah as a nation state within a family of nations in the

Federation of Malaysia should be respected and acknowledged and should not be

questioned or changed for change sake. It is akin to the nations of Scotland and

Wales in Great Britain and many other similar federations.

The proposed Constitution of Sabah (Amendment) Bill is a straight forward

legislation with the sole objective of restoring the position of TYT to TYT Yang

DiPertua Negara as it stood on 16 September 1963.

The proposed amendment does not seek to gain any additional rights or to take

away the rights of any party in the Federation of Malaysia. It merely seeks to

restore the constitutional and birth right of Sabah on 16 September 1963 as

embodied in the Constitution of Sabah at its inception.



PETROLEUM DEVELOPMENT ACT 1974 AND PETROLEUM AGREEMENT 1976

----------------------------------

The 1st Motion deals with the legality and constitutionality of the Petroleum

Development Act, 1974 and the Petroleum Agreement signed by the then Chief

Minister of Sabah on behalf of the Government of Sabah with Petronas on 14 June

1976.



The Petroleum Development Act 1974 (“the said Act” or “PDA”) passed by the

Federal Parliament in 1974 is an unconstitutional piece of legislation that

unlawfully vested Sabah’s oil and gas resources and ownership rights. This

Motion serves to authorize the Sabah government to take the necessary and

appropriate action to annul and or abolish the said Act.

Sabah and Sarawak had a long history of oil exploration and production long

before the formation of Malaysia in 1963. Oil was discovered in Miri, Sarawak in

1882 with the 1st production on 22 December 1910 with Shell starting its 1st

refinery in Miri in 1914. Sarawak started off-shore oil production off West Lutong

in 1968. Shell started its petroleum business from the Miri production and if not

for Sarawak, Shell today may not be involved in petroleum industry as a major

international player.



In Sabah, Shell started oil exploration off-shore Sabah in the late 1950s with oil

subsequently found at Erb West I in 1971 and Samarang in 1975 and with

production starting in 1975 in Samarang. As a result, Sabah became Malaysia’s

2nd oil-producing State after Sarawak.



It was reported in the Sabah State Legislative Assembly on 15 December 1971

that the Sabah government had already signed 5 petroleum agreements with

another 6 applications being considered to be signed. It was also reported that

Sabah would be getting 12.5% of the revenue as royalties in addition to rents for

the areas involved. This is the legal right of Sabah under Section 24 of the Land

Ordinance, Sabah (Chapter 68) where minerals including petroleum and petroleum

gas is reserved to the Sabah government which is also empowered to grant

petroleum exploration and mining rights and licences as well as to impose

royalties and quit rents.



On the other hand, the federal government was entitled to impose petroleum

income tax on the net oil revenues including deductions for the royalties and rents

payable to Sabah as well as other deductions under the Petroleum Income Tax

1967.



Oil and gas resources whether located on-shore or off-shore Sabah belongs to the

Sabah government under Section 24 of the Land Ordinance. There should be no

dispute as to the territorial right or boundary of Sabah in respect of any oil and

gas found off-shore Sabah.

In 1954, by the North Borneo (Alteration of Boundaries) Order in Council 1954, the

Queen in Council, in pursuance of the powers conferred upon Her by the Colonial

Boundaries Act 1895, extended the boundaries of the Colony of North Borneo to

include the area of the continental shelf being the seabed and its subsoil which

lies beneath the high seas contiguous to the territorial waters of North Borneo.

Article 1(3) of the Federal Constitution provides that the territories of Sabah are

the territories comprised therein immediately before Malaysia Day, 16 September

1963.



Therefore, the territory of Sabah as at Malaysia Day extends to the continental

shelf as set out in the North Borneo (Alteration of Boundaries) Order in Council

1954. This is the boundary recognized even today by the Sabah government.

Accordingly, any oil and gas found off-shore Sabah in the continental shelf

belongs to Sabah.



Under Article 76 of the Federal Constitution and Item 2 of the State List in the

Ninth Schedule, land is a state matter under the jurisdiction of the State

Assembly. Item 2(c) of the State List provides that land includes permits and

licences for prospecting for mines: mining leases and certificates.

Any counter-argument that the Federal Parliament is empowered to legislate the

PDA under Item 8(j) of the Federal List is misconceived as Item 8(j) is subject to

Item 2(c) in the State List. In any event, Item 8(j) does not include any right to

vest Sabah’s oil and gas in Petronas as Item 8(j) only relates to development of

mineral resources; mines, mining, minerals and minerals ores; oils and oilfields;

purchase, sale, import and export of minerals and mineral ores; petroleum

products; regulation of labour and safety in mines and oilfields.

In addition, “land” as defined in Section 4 of the Sabah Land Ordinance includes

“land under water” or under the sea and the Sabah government can only

“alienate” which in Section 4 means “to lease or otherwise dispose of State land”

for a period not exceeding 99 years other than native customary land which are

granted in perpetuity. This only

means that even the Sabah government has no authority or right to grant or vest

the land to Petronas in perpetuity.



Therefore, even if the Sabah government were to alienate the lands under which

oil and gas is found, it has no right to alienate the said lands for more than 99

years. Where is the power and authority for the then Prime Minister of Malaysia,

the late Tun Abdul Razak, father of the present Prime Minister, to sign the Vesting

Order on 25 March 1975 vesting all of Sabah’s oil and gas resources in Petronas

in perpetuity. If this is not daylight robbery, what is?

It is as clear as daylight that the PDA is unconstitutional and impinges on

Sabah’s State rights under the State List and the Sabah Land Ordinance and

robbing Sabah of its oil and gas wealth.

I need to highlight that on 15 December 1976, which is 6 months and 1 day after

the signing of the Petroleum Agreement between Sabah and Petronas on 14 June

1976, the then Finance Minister of Sabah reported that Sabah received RM20

million in the oil revenue which was not budgeted for by the previous USNO-led

Sabah Alliance government. This can only mean that oil production was actively

produced in Sabah even before the signing of the Petroleum Agreement in June

1976 and that based on the 5% or RM20 million received by the Sabah

government, Petronas would have received RM360 million with the federal

government another RM20 million, totalling RM380 million.

Under the petroleum agreements signed by the Sabah government with the

petroleum companies, Sabah would have received at least 12.5% or RM50 million

in addition to rents and other moneys imposed in the petroleum agreements. By

signing the Petroleum Agreement in 1976, Sabah lost at least RM30 million. In

2014, Petronas and the federal government is projected to receive RM26.6 billion

from Sabah’s oil and gas and Sabah receiving only RM1.4 billion. If the 12.5% is

still applicable today, Sabah would be receiving at least RM3.5 billion not RM1.4

billion, a loss of RM2.1 billion.



Therefore, the Sabah government needs to take all necessary actions to invalidate

the PDA and to take back and protect Sabah’s oil and gas resources for the

benefit of Sabah and all Sabahans and their future generations.

Our UBF co-founder, Zainal Ajamain, has presented a view that the illegality of the

PDA 1974 can also be seen from the perspective – that the PDA74 does not have

the power to takeover land and natural resources which are the absolute right and

privilege of Sabah and Sarawak that are safeguarded by the Malaysia Agreement

and the terms of the formation of Malaysia except in an emergency situation.



Zainal views that the incorporation of Petronas and the PDA was subject to the

powers under the:-

(a) Petroleum Mining Act 1966/1969; and

(b) Continental Shelf Act 1966/1969,

Both of which were extended to be in force in Sabah and Sarawak under the

emergency powers under the Emergency (Essential Powers) (No. 7) Ordinance

1969.

The present scenario has changed and any emergency powers can no longer be

enforced as the Emergency Act 1969 and the Emergency (Essential Powers)

Ordinance 1969 were abolished and revoked on 23 November 2011. This means

that any authority or powers under the Emergency Act 1969 were automatically

abolished and revoked.



The second portion of the 1st Motion deals with the authority of the then Chief

Minister of Sabah who signed the Petroleum Agreement with Petronas on 14 June

1976, a mere 8 days after the history changing air-crash which killed the then

Chief Minister and several senior members of his Cabinet.



Under the said Petroleum Agreement 1976, it was stated that the Sabah

government agreed to receive 5% as the cash payment under Section 4 of the

Petroleum Development Act, 1974 in return for the vesting of the oil and gas

resources found on-shore and off-shore Sabah to Petronas as signed by the then

Prime Minister of Malaysia, the late Tun Abdul Razak, father of the present Prime

Minister, in the Vesting Order on 26 March 1975 vesting all of Sabah’s oil and gas

resources in Petronas in perpetuity.



It was further agreed that the Sabah government will waive all collections of

royalties against Petronas on the petroleum won on-shore and off-shore Sabah

which the Sabah government was legally entitled to impose and collect under

Section 24 of the Sabah Land Ordinance. In fact, this was imposed on the

petroleum companies that were undertaking exploration in the petroleum

agreements that were signed with the Sabah government.

As stated above, it was reported to the Sabah State Legislative Assembly on 15

December 1971 that the Sabah government had already signed 5 petroleum

agreements with another 6 applications being considered to be signed. It was also

reported that Sabah would be getting 12.5% of the revenue as royalties in addition

to rents for the areas involved. This is the legal right of Sabah under Section 24

of the Land Ordinance, Sabah (Chapter 68) where minerals including petroleum

and petroleum gas is reserved to the Sabah government which is also empowered

to grant petroleum exploration and mining rights and licences as well as to

impose royalties and quit rents.



I need to highlight that on 15 December 1976, which is 6 months and 1 day after

the signing of the Petroleum Agreement between Sabah and Petronas on 14 June

1976, the then Finance Minister of Sabah reported that Sabah received RM20

million in the oil revenue which was not budgeted for by the previous USNO-led

Sabah Alliance government. This can only mean that oil production was actively

produced in Sabah even before the signing of the Petroleum Agreement in June

1976 and that based on the 5% or RM20 million received by the Sabah

government, Petronas would have received RM360 million with the federal

government another RM20 million, totalling RM380 million.



Under the petroleum agreements signed by the Sabah government with the

petroleum companies, Sabah would have received at least 12.5% or RM50 million

in addition to rents and other moneys imposed in the petroleum agreements.

I am advised that the petroleum oil and gas resources belong to the Sabah

government and does not vest with the office of the Chief Minister under the Chief

Minister (Incorporation) Ordinace (Cap. 23). I further verily believe that the

Petroleum Agreement was never discussed in the Sabah State Legislative

Assembly before its signing on 14 June 1976 which was signed by the then Chief

Minister under questionable circumstances.

Therefore, the Sabah government needs to take all necessary actions to review

the legality of the Petroleum Agreement 1976 and the authority of the then Chief

Minister in signing the said Agreement without debate and mandate from the

State Legislative Assembly and to take all further actions to revoke and repudiate

and or annul the said Agreement.



REVIEW OF THE MALAYSIA AGREEMENT 1963

-----------------------------------

The 2nd Motion deals with the review of the Malaysia Agreement 1963 and the

basis and terms of the formation of Malaysia on 16 September 1963.

At the outset, it needs to be highlighted that as stated in Paragraph 6 of the

Report of the IGC, the Legislative Council of North Borneo, which is the

predecessor of the Sabah State Legislative Assembly adopted the Motion on 12

September 1962 that the Council accepted the decision to establish the Federation

of Malaysia PROVIDED THAT the terms of participation and the constitutional

arrangements will safeguard the special interests of North Borneo (now Sabah).

If the Federation of Malaysia do not recognize this and fails to honour the

constitutional safeguards for the special interests of Sabah, there is no basis for

Sabah to continue its participation in Malaysia. As it is now, it has been said that

a slight majority of Sabahans wish for Sabah to leave the Federation due to the

continued disregard and mal-alignment of Sabah’s interests.

Article VIII of the Malaysia Agreement 1963 provided that the Governments of the

Federation of Malaya, North Borneo (now Sabah) and Sarawak was to take such

legislative, executive or other action as may be necessary to implement the

assurances, undertakings and recommendations contained in the Report of the

IGC in so far as they are not implemented by express provision of the Constitution

of Malaysia. The Report of the IGC clearly sets out various matters that were to

be reviewed both in five and ten years.

On 29 December 1975 the then Chief Minister disclosed to the State Legislative

Assemby that the review as provided in the Report of the IGC, was already past

the 10 years set out in the Report. We are now in the 41st year after the 10 years

and there is no proposed Review in sight.



By the 2nd Motion, the Sabah government is urged to re-activate the Sabah

Review Committee to consider and review the Malaysia Agreement and the

matters set out in the Report of the IGC. As the issue affects Sabah and all

Sabahans, it is proposed that the Review Committee should comprise of

representatives across the political divide, both government and opposition

representatives, and that the Review Committee should also gather the views and

opinions of Sabahans in order that these views be brought up and considered in

the review with the governments of Malaysia, the States of Malaya and Sarawak.



It is also proposed that Sabah government should urge the governments of

Malaysia, the States of Malaya, Sarawak and Great Britain to re-activate the

Inter-Governmental Committee (IGC) to monitor and implement the Malaysia

Agreement 1963 in full together with the relevant documents, memorandum,

agreements, assurances, undertakings and recommendations.

With due respect, in the best interests of both the Federation of Malaysia and

Sabah, the Sabah government needs to take all necessary actions to set up the

Review Committee, gather the views of Sabahans and then review the

implementation of the Malaysia Agreement with the re-activation of the IGC. If the

federal government fails to agree and implement the Malaysia Agreement and the

terms and conditions with the assurances and undertakings in full, there is NO

BASIS FOR SABAH TO REMAIN IN THE FEDERATION OF MALAYSIA. In such an

event, the Sabah government should take immediate steps to unwind the

formation of Malaysia and depart like Singapore did in 1965.



RE-PRINT OF THE CONSTITUTION OF SABAH 1963

The 3rd Motion deal with the re-print of the 1963 Constitution of Sabah.

It appears that there is no available copies of the 1963 Constitution of Sabah

which the general public can have access to. Even the Sabah Archives and the

Sabah Library do not have available copies with the earliest available being the

1977 Reprint.



The Constitution of Sabah as at 16 September 1963 which came into force on the

same day Malaysia was formed is a very important and integral part of the history

of our beloved Sabah homeland. It should be readily available to all Malaysians

so that the correct history of Sabah and Malaysia is available especially to our

younger generations.



The 3rd Motion is to authorize the Sabah Government Printers to reprint the 1963

Constitution of Sabah pursuant to Article 44 of the Constitution.

The situation is now that Sabah needs to take back its oil and gas resources,

there is no better time than now with Sabah and Sarawak being the kingmakers,

as well as to review the position and status of Sabah in the federation of

Malaysia.



With the proposed Bill to amend the Constitution of Sabah and the Motions on the

Petroleum Development Act 1974 and the Petroleum Agreement 1976 as well as

the Malaysia Agreement 1976, the patriotism of the Sabah BN leaders and the

sincerity of the federal and Sabah government are now laid before the people of

Sabah and it is hoped that history will be changed for the future well-being of

Sabahans and Malaysians.



Dr. Jeffrey Kitingan

Chairman

STAR Sabah

09 April 2014







Sumber: Feed Bahasa Malaysia
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Tuesday, 8 April 2014

State Reform Party, Sarawak (STAR) | Facebook

State Reform Party, Sarawak (STAR). 883 likes · 70 talking about this. Follow the STAR:- the way to a better future for all

Source: Google Syndication
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Sunday, 6 April 2014

THY PLANS TO BE A 5 STAR AIRLINER - Daily Sabah









THY PLANS TO BE A 5 STAR AIRLINER

Daily Sabah

... Europe's largest airline companies, with 86 percent on-time departures, THY press office stated. "THY is 4 Stars airlines but soon it will be 5 stars", Temel Kotil, the THY General Manager said, adding the reason behind this success as the airlines ...







Source: Google Syndication
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Saturday, 5 April 2014

Sabah beckons whiz kids - The Star Online









Sabah beckons whiz kids

The Star Online

AFTER a three-week break, the RHB-The Star Mighty Minds National Challenge 2014 will be held in the state acclaimed for its breath-taking scenery. Its capital Kota Kinabalu was named after Mt Kinabalu, one of the highest peaks in the region which up to ...







Source: Google Syndication
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Friday, 4 April 2014

Military tags Abu Sayyaf in Sabah kidnapping - Philippine Star









Military tags Abu Sayyaf in Sabah kidnapping

Philippine Star

MANILA, Philippines (Xinhua) - The terrorist group Abu Sayyaf may be behind the kidnapping of a Chinese tourist and a Filipina worker from a resort in Sabah, Malaysia, a senior government official said today. Citing a report from the Armed Forces of ...







Source: Google Syndication
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Semporna resort kidnap: No sightings yet of gunmen and captives - The Star Online









Semporna resort kidnap: No sightings yet of gunmen and captives

The Star Online

Sabah police were also carrying out criminal investigations and recording statements of witnesses and resort workers, amid suspicion that someone "inside" had helped the gunmen gain entry to the resort. State police commissioner Datuk Hamza Taib said ...







Source: Google Syndication
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Thursday, 3 April 2014

Websites show Singamata still popular with tourists - The Star Online









Websites show Singamata still popular with tourists

The Star Online

However, this was shared and discussed in forums among travellers, with several threads by those heading to Sabah asking about the situation after the Lahad Datu intrusion and the abduction of a Taiwanese couple at Pom Pom island that resulted in the ...







Source: Google Syndication
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RM11.5mil the usual price for non-Filipino hostages - The Star Online









RM11.5mil the usual price for non-Filipino hostages

The Star Online

PETALING JAYA: The notorious Abu Sayyaf group believed to be responsible for the abduction of a Chinese and Philippine national in Sabah used to demand up to US$3.5mil (RM11.5mil) for the release of non-Filipino citizens, said a security analyst.







Source: Google Syndication
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Abu Sayyaf suspected in kidnapping of Chinese, Filipino women - Honolulu Star-Advertiser









Abu Sayyaf suspected in kidnapping of Chinese, Filipino women

Honolulu Star-Advertiser

In this photo taken with a mobile phone on Wednesday, tourists hide behind a table in reaction to gunshot sounds at the Singmata Adventures and Reef resort after a raid by suspected Filipino insurgents in Semporna, Sabah state of Malaysia.







Source: Google Syndication
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