Court must also hear what Sabah, S’wak have to say – Upko
KOTA KINABALU: United Pasok Momogun Kadazandusun Murut Organisation (Upko) Youth chief Arthur Sen is of the opinion that Petronas should not be allowed to bypass the legal process.
He also felt that the legal action attempted by Petroliam Nasional Bhd (Petronas) to have the court rule on its behalf with regard to the oil and gas in Sarawak means the national oil company is holding something which does not belong to it.
“In this matter, the court must also hear what the real owners of these resources, namely Sarawak and by that extension, Sabah have to say,” he said in a statement yesterday.
Sen said Petronas’ statement showed that its claim was based only on one Act, namely the Petroleum Development Act 1974 (PDA) and was completely ignoring the fact that Sabah and Sarawak have their own state Constitutions.
Under these Constitutions, the continental shelf where all the oil and gas reserves can be found, belong to Sabah and Sarawak, he pointed out.
“This was given by the Queen through Alteration of Boundaries Order in Council 1954 and it is provided in the Sarawak Constitution Article 47 (1) and (2) and in the Sabah Constitution Article 49 (1) and (2) where both states lay claim on ownership of the ‘Continental Shelf’,” he said.
Under both articles, all lands including continental shelf are vested in the states and not the federation of Malaysia and any attempt to alter the boundary must have the full approval of the state assembly as was the Labuan Island case, he stressed.
Sen pointed out that under Section 2 of the PDA, it is stated that Petronas is vested with entire ownership of petroleum resources both onshore and offshore in the country.
“The PDA did not go through the state assembly but was signed by then Chief Minister Datuk Harris Salleh in 1976. The Act states that oil producing states will each receive five per cent cash payment of the total production of the oil and gas in their respective states.
“By getting a court ruling also means that Petronas is holding something which does not belong to the company. Now it’s Sarawak, next it will call on Sabah,” he warned.