Give Sabah all its oil and gas revenue: Lind
Published on: Monday, February 25, 2019
KOTA KINABALU: Senator Datuk Theodore Douglas Lind (pic) has urged that Sabah be given all its oil and gas revenue, instead of just 20pc, as announced by Prime Minister Tun Dr Mahathir recently.
Speaking during a recent debate on the 11th Malaysia Plan Half-Term Study, Lind hailed Dr Mahathir’s announcement but said it should be 100pc because Acts of Parliament that gave powers to the Federal Government such as the Continental Shelf Act 1966 and Petroleum Mining Act 1966 (revised 1972), which existed during the emergency times, had been automatically nullified when the Agong’s emergency declaration on May 15, 1969 was voided by the Dewan Rakyat on Nov 14, 2011 and Dewan Negara on Dec 20, 2011.
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“The Petroleum Development Act 1074 and Territorial Sea Act 2012 are also invalid because they contravene provision 1(3) of the Federal Constitution.
“This is clear as waters where oil and gas are found are inside Sabah’s territory and therefore should be Sabah’s. This means Sabah has a right to take it back all the oil and gas wells in Sabah waters.
“Therefore, I hope the Special Cabinet Committee will discuss and resolve the issues of ownership and power over oil and gas in Sabah waters according to Article 1(3) of the Federal Constitution and Articles 49(1), (2) and (3) of the Sabah State Constitution.”
According to Lind, a lawyer, the Prime Minister also admitted that according to the Malaysia Agreement 1963 (MA63), Sabah is one of three territories and not one of 13 States.
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Lind said with such a stand by the Federal Government, the status of Sabah as an equal partner will be returned and Article 1(2) of the Federal Constitution should be amended back to the original wordings where the Federation States are Johor, Kedah, Kelantan, Melaka, Negeri Sembilan, Pahang, Perak, Perlis, Selangor and Terengganu, while the Borneo States are Sabah and Sarawak.
“With such an amendment, the head of the Sabah Territory will be known as the “Tuan Yang Di-Pertua Negara” as before.
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“I’m sure such a change in stance by the Federal Government will reduce the unease felt by Sabahans.”
On another note, he said Malaysia’s main institutions have begun running properly according to the rule of law, thanks to the Government formed by Pakatan Harapan (PH).
Lind said institutions such as the police, Malaysian Anti-Corruption Commission (MACC) and Attorney-General’s Chambers had started running effectively not long after PH took over the Government.
“This was proven when several BN leaders were brought by the MACC to court on corruption, breach of trust and government funds misappropriation charges, particularly those related to the 1MDB, Felda and Tabung Haji scandals,” he said.
“As the backbone of the Government, national institutions must be made more efficient and effective in their respective administration.
“I suggest that the MACC be reformed so that it becomes an independent body reporting to Parliament. This way, the nation will be administered with integrity.”
News reports in July, last year, said the MACC, Election Commission and National Audit Department were among nine government agencies made independent and reporting to Parliament.
Lind, who is Parti Warisan Sabah’s first Senator, said the PH Government had created policies, plans and actions that will change the the nation’s political, social and economic landscapes.
“The former government borrowed money from China for various projects which eventually burdened the Government and future generations as these loans need to be repaid with interest.
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