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No need to copy Sarawak, says Teo
Published on: Wednesday, November 22, 2017
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Minister of Special Tasks Datuk Seri Teo Chee Kang said there is no need for the State Government to send officers overseas to study documents related to the Malaysia Agreement 1963 similar to what was done by Sarawak."In an effort to demand a review of state rights, certain parties like to compare Sabah and Sarawak.

"Some say that Sabah should emulate Sarawak to send State Government officials to London to study the documents.

"I would like to point out here that the MySabah initiative led by Foreign Minister Datuk Seri Anifah Aman sent its legal advisor Tengku Fuad Ahmad twice to London not only to study and examine the relevant documents, but also to ask the Queen Counsel Lord Anthony Lester on the State's special privileges under the Federal Constitution.

"It is therefore unnecessary for the State Government to send researchers to study such documents as research on the documents of the Malaysia Agreement 1963 has been conducted and shared with various related agencies over a year before Sarawak sent its delegation to London."

He said this when replying to a question from Klias Assemblyman Datuk Seri Lajim Ukin to the Chief Minister, on the developments regarding the State Government's actions in guaranteeing the rights and interests of the State as stated in the Malaysia Agreement 1963 at the State Assembly on Tuesday.

Teo said during the recent visit by Prime Minister Datuk Seri Najib Razak to Sabah, he said he had no right or intention to take Sabah's rights and if anything was taken, it must be returned to Sabah.

"This guarantee indicates that the Federal Government is open and ready to negotiate matters pertaining to Sabah's rights in the Malaysian Agreement.

"I am convinced that the entire Sabah State Legislative Assembly have the same intention and commitment to restore the rights of Sabah which have eroded after the establishment of Malaysia.

"As Sabahans, we are together in this struggle for the benefit of the State. I am sure that the negotiations we are working on will achieve a partnership between the two State and Federal governments.

"I also believe the open and democratic attitude shown by the Federal Government to discuss matters concerning the 1963 Malaysia Agreement with the Barisan Nasional component parties in Sabah will be fruitful, especially in ensuring Sabah continues to grow, while enjoying balanced development."

Teo said the issue of Sabah's rights under the Malaysia Agreement 1963 and in the IGC Report, is a major issue of the State Government in the claim of Sabah's rights.

"It is therefore the intention of the State Government to ensure that the rights of Sabah under the Malaysian Agreement 1963 are maintained."

"In line with this wish, on June 13, 2016, the First Meeting of the Devolution of Authority Implementation Committee to Sabah and Sarawak was held at the Parliament, and it was chaired by Minister of Foreign Affairs Datuk Seri Anifah Aman, and Minister in the Prime Minister's Department Dato Sri Nancy Shukri.

Furthermore, two Committees were set up namely the Steering Committee and the Technical Committee at Federal level.

The Steering Committee is chaired by Anifah and Nancy, while the Technical Committee is chaired by Malaysian Attorney General Tan Sri Mohamed Apandi bin Ali.

The Technical Committee focuses on the issue of Sabah and Sarawak claims before it is submitted to the Steering Committee.

At a technical committee meeting where the State Government of Sabah is represented by the State Attorney General, and issues such as financial rights including Special Grants under articles 112C and 112D and Part IV, Schedule 10 of the Federal Constitution; legal issues, issues regarding land transferred to Federal Government for Federal purpose ("Federal purpose").

Next, three meetings were held on August 10, 2016, October 27, 2016 and December 1, 2016.

He said on September 16, 2016, the Prime Minister announced the readiness and commitment of the Federal Government for devolution of some powers to the State Government of Sabah and Sarawak at the National Malaysia Day Celebration at Padang Merdeka, Kota Kinabalu.

"In line with the announcement, the State Government has set up a Special Committee on the devolution of power led by the State Secretary.

"In drafting recommendations for the devolution of power from the Federal Government to the State Government, the Special Committee has examined the matters which contributed to the delays in implementing Government policies and projects, particularly those involving Federal agencies and departments.

"At the same time, the Committee also reviewed the privileges granted to the state in accordance with the Malaysia Agreement 1963, the Report of the Inter-Governmental Committee (IG.C Report) and the Federal Constitution.

"Despite the scope of the terms of reference of the special committees of devolution of power is more focused on the administrative powers, planning, procurement and implementation of projects to minimise bureaucratic redress, strengthen the role of departments, state agencies as well as Federal departments at State level, legal issues such as the devolution of prosecution power to the State Attorney General Department, financial issues such as review of the special grant under articles 1120 and 112D of the Federal Constitution as well as the civil service Borneonisation are also proposed."

He said with regard to the civil service Borneonisation, the special committee of state power drops has suggested that 90 per cent of the heads of Federal departments/agencies in Sabah are appointed among civil servants from Sabah.

"Similarly, teachers working in the state of Sabah, it is suggested that the proportion of Sabahans should be 90pc by 2020.

"According to statistics updated up to October 31 2017, among the 159 heads of departments / agencies in Sabah, 82 or 51.5 percent are from Sabah; among 112,347 federal civil servants in Sabah, 88,597 or 78.9 percent were from Sabah.

"While the percentage of teachers in Sabah originating from Sabah is 82.65 percent for Secondary School and 87.58 percent for primary school, which is close to the target set."

He said on February 20, 2017, the Special Committee on the Reduction of State Power submitted a detailed report to the Federal Government at a special meeting for discussion of issues with the Devolution of Power in the Prime Minister's Department, Putrajaya.

"To illustrate the State Government's seriousness, a Sabah Rights Studies Committee In the Malaysia Agreement 1963 was also set up on 15 November 2015 to review the Article 112D of the Federal Constitution, chaired by Minister of Special Tasks Datuk Seri Teo Chee Kang.

"The scope of the Committee has been extended to cover all issues pertaining to Sabah's rights under the Malaysia Agreement 1963."

He said on January 26 2017, a public Hearing was held at the Sabah State Assembly Building Raflesia Room, for all political parties in Sabah, as well as government parties or opposition parties to issue issues relating to the Malaysia Agreement 1963 and in respect of the provisions below Federal Constitution.

"A total of 17 political parties were invited, but only 10 political parties were present and submitted a written submission during the Public Hearing.

"The views and proposals proposed by political parties as well as the government or opposition party are appreciated and given due attention. Most contributions of thought and arguments have been included in the Report of the State Committee on the Rights of Studies in the Malaysia Agreement 1963 (hereinafter referred to as the Sabah Rights Report ")

"Apart from consolidating all issues raised by the State Attorney to the Technical Committee chaired by the Attorney General Tan Sri and the Special Committee on Reduction of Power, the Sabah rights report outlined arguments in respect of the special grant under articles 112C and 112D of the Federal Constitution in a more comprehensive and detailed manner.

"In addition, the Sabah rights report and other issues such as: (1) The power to enact laws and regulate the generation and distribution of electricity and gas is returned to the State of Sabah; (2) Repeal of the Cabotage policy ; (3) The administration power and the appointment of judicial officers or servants of the Court in the High Court of Sabah and Sarawak; and (4) The definition of the word "Federation" under item 160 (2), the Federal Constitution must be amended to reflect the establishment of the Federation of Malaysia through the Malaysia Agreement 1963. - Neil Chan





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