See’s motion on three Acts dismissed
SEE Chee How’s (PSB-Batu Lintang) Private Member’s Motion on the Petroleum Development Act (PDA) 1974, Continental Shelf Act (CSA) 1966 and the Territorial Seas Act (TSA) 2012 has been dismissed by Sarawak State Legislative Assembly (DUN) Speaker Tan Sri Datuk Amar Mohammad Asfia Awang Nassar.
In explaining his ruling to dismiss the motion, Asfia said whether the Acts were relevant and binding on Sarawak was for the court to decide upon proper application made by person with locus standi.
“The DUN has no constitutional authority to pronounce whether any law applied or is relevant to Sarawak by reasons that the DUN has yet to approve, legislate and endorse them. The authority to declare a law was passed by Parliament without the DUN having approved, legislated and endorsed it and hence, it is invalid and unconstitutional and of no application to Sarawak, is vested in the Federal Court under Article 128 of the Federal Constitution,” said Asfia.
The Speaker also explained the motion was premised on the alleged testimony given in court by a former president of Petroliam Nasional Berhad (Petronas) in regard to an unspecified and unidentified case and at best, it was based on hearsay.
“The former president concluded that he was unaware of what the late chief minister Pehin Sri Adenan Satem allegedly said on PDA 1974 and Territorial Sea Act.”
Thus, Asfia said he as the Speaker of the august House can exercise his residual power under Standing Order 89 to reject the motion, as for the motion to be debated in the House would “affect the dignity of the DUN”.
“With that, the motion is dismissed.”
Asfia made the ruling before adjourning the DUN sitting to the next day.
Earlier, Asfia said all notices of motion, pursuant to Standing Order 24 (1), must be submitted to the secretary of the DUN at the latest and closing date and time on May 6, 2022 before or at 5pm.
He said the Private Member’s Motion was only submitted by See on May 6, 2022 at 8.35pm via email with no signature. A signed notice was only received by the secretary on May 16, a 10day lapse.
The motion could already be dismissed based on that ground alone, he said.
The Batu Lintang assemblyman had submitted the motion to move the august House to resolve, declare, reiterate and reaffirm the PDA 1974, CSA 1966 and the TSA 2012 and all their provisions are not relevant and not binding on Sarawak.
See reasoned that it was because the DUN had yet to approve, legislate and endorse these Acts and their provisions.