Tuesday, October 25, 2016

Restore the intention Malaysia Agreement 1963



Daily Express sunday---

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Restore intention of M’sia Agreement
Published on: Sunday, October 30, 2016
I REFER to your report “Harris Clears the air over move” ( Daily Express 20 October, 2016) That was over Article 1(2) of the Federal Constitution where Sabah and Sarawak were classified as states like other states in Malaya, and not as partners in Malaysia under the Malaysia Agreement 1963.We have been talking about MA63 for some time. Minister Nancy Shukri promised a good deal of action more than a year ago but we are still waiting.
Harris has repeatedly said that Parliament is all powerful to make laws that would apply to all.
Was his comment accurate that “None of the Berjaya leaders had any part in it,”? Did Berjaya have any members of parliament then when Berjaya was formed in 1975 after the Parliament General Elections were held in 1974?
His other comment was “Obviously we had no control over parliament and we were never asked (about the amendment).”
Harris was right as Berjaya did not have any Members of Parliament, but is it “usual” for him as Chief Minister after the Nomad air crash not aware of the amendment? Would there be any excuse after 40 years?
It is timely to be reminded that since 6 June, 1976, the oil in Sabah was gone with PDA Act 144 and oil agreement signed within days and then Article 1(2) of the Federal Constitution was accomplished in Parliament on 13th July, 1976 and that is within 100 days of mourning.
Did any of the Members of Parliament on 13 July, 1976 join Berjaya later? If so, any good reason for Harris to take any one of them?
“Datuk Abdul Ghani Gilong (Usno-Kinabalu), re-elected to parliament in 1974 and became involved in the formation of Berjaya with Tun Fuad and Harris at the encouragement of Tun Razak.
He, however, left Berjaya before the election in 1976 and later lost in the 1978 election.”
Was Ghani still USNO members then as listed?
Now are some tough questions that may need the Federal Court and beyond to make appropriate decision over the amendment that caused Sabah and Sarawak to have lost so much financial for decades.
Sabah and Sarawak have their own constitutions and Malaysia has a Federal Constitution with countless amendments for decades possibly in favour of Peninsula Malaysia against the two Borneo states.
There is no Malaysia Act 1963 in the Federal Constitution but one is done in UK Parliament.
The Malaysia Agreement 1963 was signed by 5 parties, but can any agreement be amended by Parliament?
Even for Singapore in 1965, an act of separation was done. There was a vote on the Constitution of Malaysia (Singapore amendment) Bill 1965 to allow Singapore to separate from the Malaysian Federation. It was unanimous, 126-0.
Why was not Article 1(2) of the Federation Constitution also dealt with in 1965 rather than in 1976, when Tunku Abdul Rahman was no longer the PM? So all the afterthought belatedly in 1976 must be rectified in the interest of justice and intention of Malaysia Agreement 1963.
Our prayer is now would the restoration be done for such obvious violation in July, 1976?




Restore the intention Malaysia Agreement 1963

What did Harris try to clear the air over move in Daily Express 20 October, 2016?  That was over Article 1(2) of the Federal Constitution where Sabah and Sarawak were classified as states like other states in Malaya, and not as partners in Malaysia under Malaysia Agreement 1963.

Is he trying to come back like Tun Dr Mahathir forming a new political party when Mahathir promised him and Berjaya “Sink and Swim together” in 1985?

We have been talking about MA63 for some time recently and now despite threats of sedition.

Minister Nancy Shukri promised a good deal of action more than a year ago but we are still waiting.

Harris has been saying that Parliament is all powerful to make laws that would apply to all as he has repeated that again.

In this particular case, is there any “guilty” conscience that is playing up?

Was the comment accurate that “None of the Berjaya leaders had any part in it,"?  Did Berjaya have any members of parliament then when Berjaya was formed in 1975 after the Parliament General Elections were held in 1974?
His other comment was "Obviously we had no control over parliament and we were never asked (about the amendment).”
Harris was right as Berjaya did not have any members of parliament, but is it “usual” for him as Chief Minister after the Nomad air crash not aware of the amendment?  Would there be any excuse after 40 years?
It is timely to be reminded that since 6 June, 1976, the oil in Sabah was gone with PDA Act 144 and oil agreement signed within days and then Article 1(2) of the Federal Constitution was accomplished in Parliament on 13th July, 1976 and that is within 100 days of mourning. 
Now it is a question for Harris.  Did any of the members of Parliament on 13 July, 1976 join Berjaya later?  If so, any good reason for Harris to take any one of them?
“Datuk Abdul Ghani Gilong (Usno-Kinabalu), re-elected to parliament in 1974 and became involved in the formation of Berjaya with Tun Fuad and Harris at the encouragement of Tun Razak.
He however left Berjaya before the election in 1976 and later lost in the 1978 election.” (Borneo Post June 19, 2012). Was Ghani still USNO members then as listed?
Now are some tough questions that may need the Federal Court and beyond to make appropriate decision over the amendment that have caused Sabah and Sarawak to have lost so much financial and otherwise for decades.
Sabah and Sarawak have their own constitutions and Malaysia has a Federal Constitution with countless amendments for decades possibly in favour of the Peninsular Malaysia against the two Borneo states.
There is no Malaysia Act 1963 in the Federal Constitution but one is done in UK Parliament.
The Malaysia Agreement 1963 was signed by 5 parties, but can any agreement be amended by Parliament?  Even for Singapore in 1965, an act of separation was done. There was a vote on the Constitution of Malaysia (Singapore amendment) Bill 1965 to allow Singapore to separate from the Malaysian Federation. It was unanimous, 126-0.
Why was not Article 1(2) of the Federation Constitution also dealt with in 1965 rather than in 1976, when Tunku Abdul Rahman was no longer the PM?  So all the afterthought belatedly in 1976 must be rectified in the interest of justice and intention of Malaysia Agreement 1963.
Our prayer is now would the restoration be done for such obvious violation in July, 1976?
Joshua Y. C. Kong  26 October, 2016

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