The Borneo Post

Let’s not celebrate the ‘win’ as yet, says Dr Kelvin of Federal Court ruling

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KUCHING: Bandar Kuching MP Dr Kelvin Yii does not think that Sarawak can scream ‘Goal’ yet despite the Federal Court’s dismissal of leave applicatio­n filed by Petronas against Sarawak state government.

While he congratula­ted the state legal team for their efforts and ‘success’, he said he will not jump the gun and call it a ‘win’ as there is still an ambiguity in law.

Technicall­y, he felt the status quo still stands as far as ownership right to Sarawak’s oil and gas is concerned.

He reasoned this is because the Petroleum Developmen­t Act (PDA) 1974 was not repealed, nor was there a ruling to say it does not apply in Sarawak.

“The ruling by the Federal Court basically denied the leave applicatio­n for the case or arguments to be heard in the Federal Court.

“Thus the case just means it will likely go to the High Court for judgement, so it is also important we keep our eyes on the ball and not get ahead of ourselves,” he said.

He said the situation was akin to both parties deciding on a location to play football where Petronas wants it played at the Federal Court but the referees ( judges) decided that maybe the High Court is the right stadium as there is no constituti­onal interpreta­tion required.

“So, it will be jumping the gun for the Sarawak government to be screaming ‘Goal’ before the game has actually started.

“Thus, I do hope for the best outcome in the next move and hope to see our rightful interest protected through a binding legal authority,” he said.

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