Saturday, November 10, 2012

Based on Malaysia Federation Constitution, Kuala Lumpur is holding Sabah illegally

By Anne de Bretagne 
For the Philippine Sabah Claim Forum
29 May 2012

The Birth of Malaysia: On 9 July 1963, the Governments of the Federation of Malaya, United Kingdom, North Borneo, Sarawak and Singapore signed the Malaysia Agreement 175 whereby Singapore, Sarawak and North Borneo would federate with the existing States of the Federation of Malaya and the new federation so established would be calledMalaysia. The Federal Parliament then passed the Malaysia Act 176 to amend Art. 1(1) and (2) of the Federal Constitution to provide, inter alia, for the admission of the three new States and for the renaming of the Federation as Malaysia. The Act received the Royal assent on 26 August and was to come into force on 16 September1963

The proviso in the new Malaysia Constitution left no room for doubt that the new Federation of Malaysia held on the basis of the union of FOUR independent states namely MALAYA (old Malaya Union or old federation of Malaya states/sultanates), SARAWAK, SINGAPORE, and SABAH.

But Singapore's chief minister Lee Kuan Yew was not happy with the status quo. He opposed the federal policies of affirmative action, which granted special privileges to Malays guaranteed under Article 153 of the Constitution of Malaysia (seehttp://en.wikipedia.org/wiki/History_of_the_Republic_of_Singapore). On 9th August 1965, after racial riots, Malaysian Prime Minister Tunku Abdul Rahman expelled Singapore from the new Malaysia federation.

Therefore when Singapore exited on 9th August 1965 from the newly formed "Malaysia Federation" whose newly framed Constitution specified that the Federation held based on the provision that the new Malaysia Federation held if all 4 states were together, Singapore's act rendered the existence of the new federation null and void.

In this context, it is only common sense that the continuing annexation of Sabah to a federation that does not constitutionally hold even by the new Malaysia Federation standard cannot be legal. In essence, the continuing annexation of Sabah by today's Peninsular Malaysia is not only illegal, it is also morally wrong.

So why is Malaysia continuing to illegally annex Sabah? If Malaysia wants to legalise their hold on Sabah, it is only fair that a new referendum to ask the people of Sabah must be held. But Malaysia cannot continue to use underhanded tactics, and make the world think that their fantasmagorical historical fantasies are real!

For the complete article:  Peninsular Malaysia is holding Sabah illegally

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