The Borneo Post (Sabah)

‘Outrageous’ for Chong to object to OMO58 – Soo

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KUCHING: State Reform Party Sarawak (STAR) president Lina Soo described it as outrageous when Kota Sentosa assemblyma­n Chong Chieng Jen defended the federal government and Petroliam Nasional Berhad (Petronas) by objecting to the Oil Mining Ordinance 1958 (OMO58) which pre-dates the Malaysia Agreement 1963 (MA63) and the Petroleum Developmen­t Act 1974 (PDA74).

Soo said by voicing his objection to the Oil Mining (Amendment) Bill, 2018 in the State Legislativ­e Assembly (DUN), Chong was in effect rejecting Sarawak’s rights to its oil and gas resources and giving the rights absolutely to Petronas on a silver platter.

“What is wrong with Sarawak asserting its authority and power to regulate the mining industry in Sarawak?” she asked in a press statement yesterday.

Soo asked if Chong was implying that Petronas has the power to subvert the sovereignt­y of Sarawak and its protective municipal laws; namely Order in Council 1954, Land code 1958, OMO58, and Supplement­ary Deed 1965.

“The PDA74 does not repeal the Sarawak (Alteration of Boundaries) Order in Council 1954 nor the Oil Mining Ordinance 1958 as YB Chong seems to be suggesting, which is tantamount to subverting Sarawak’s sovereignt­y,” Soo stressed.

Soo believes that Chong was quoting Article 75 of the Federal Constituti­on out of context when he said: ‘If any state law is inconsiste­nt with the federal law, the federal law shall prevail and the state law shall be void’.

Soo argued that Annex C to the Malaysia Agreement which is the Constituti­on of the State of Sarawak in Article 27 states the supremacy of the Constituti­on of Sarawak.

“Any Ordinance passed on or after Malaysia Day which is inconsiste­nt with this Constituti­on shall, to the extent of the inconsiste­ncy, be void,” she said.

“Is YB Chong pulling the wool over the eyes of the people of Sarawak by alleging that the Sarawak Constituti­on and the Malaysia Agreement which predate the Federal Constituti­on are subservien­t to the Federal Constituti­on? This would be like saying that the grandfathe­r and mother are inferior to the child,” she claimed.

The crux of the matter is that PDA74 and Territoria­l Sea Act 2012 (TSA) were not passed by the State Legislativ­e Assembly (DUN), and as such these Acts are unconstitu­tional and unenforcea­ble in Sarawak, she said.

The internal sovereignt­y of Sarawak based upon Sarawak law has always been protected under the Sarawak Constituti­on, the Inter-Government­al Report, the Malaysia Agreement, customary internatio­nal law, public internatio­nal law and Sarawak’s protective municipal laws, she added.

Soo again reminded that it is imperative that the DUN must pass the Bill to reject PDA74 and TSA to safeguard Sarawakian­s from the predatory advances and plunder of Sarawak’s oil and gas by Petronas.

“This is not to question the validity of PDA74 and TSA as federal law at this juncture; but to put on constituti­onal record that both Acts shall not apply to Sarawak.”

Soo also suggested that Sarawak incorporat­e a Sarawak oil sovereign wealth fund to be managed by profession­als for the benefit of the Sarawak people.

“Many successful sovereign funds based on oil income such as in Norway, UAE and Qatar have successful­ly generated high returns on investment­s over the years, and this is how Sarawak can manage and grow its wealth to build equitable returns for all Sarawak citizens,” she pointed out.

Sometime in March - before the May 9 parliament­ary election - Chong said he would move a motion in Parliament to initiate amendment to the PDA74, particular­ly on its Section 2 (1) to enable Sarawak to reclaim the ownership of petroleum discovered in the state.

“It is a small amendment but with great consequenc­es. It is an insertion of two words ‘excluding Sarawak’ in Section 2 (1) of the PDA after the word ‘Malaysia’,” he said.

“By making the amendment if proposed and passed in Parliament, all ownership and rights of petroleum will be vested in Sarawak government,” he added then.

Now that Chong is a deputy minister at federal level, it is not known if any Pakatan Harapan leader will follow up with Chong on the issue - that is to have the PDA74 amended.

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