Turning an area into FT not easy, says Abu Talib

‘Constitution must first be amended’

PETALING JAYA: Any move to turn any part of Malaysia into a federal territory will require an amendment to the Federal Constitution, says former attorney-general Tan Sri Abu Talib Othman.

He said Article 2 of the Constitution allows Parliament to alter the boundaries of any state for the creation of a federal territory.

However, if the Constitution is to be amended for this, it would need the approval of a two-thirds majority in Parliament, he said.

He said the Government must also get the consent from the respective states to surrender their territory by way of approving a law.

This can be done through the respective state assembly which approves the motion with a simple majority.

“Even if they have received the approval from the state assembly, the motion must be sent to the Conference of Rulers for consent,” he said in an interview yesterday.

Abu Talib was referring to comments made by Federal Territories Minister Datuk Seri Tengku Adnan Tengku Mansor, who proposed that Penang, Langkawi, Kedah and part of Malacca to be federal territories.

Tengku Adnan said by doing so, the growth in these proposed states would reach a new level.

However, Abu Talib asked whether Tengku Adnan was speaking in his personal capacity or on behalf of the Cabinet.

“He needs to get the approval from the Cabinet first,” he added.

Abu Talib, who was attorney-general for 13 years from 1980, was involved when Kuala Lumpur was acquired from Selangor in 1974 to be made the federal capital.

He said similar to the creation of Putrajaya

Even if they have received the approval from the state assembly, the motion must be sent to the Conference of Rulers for consent. Tan Sri Abu Talib Othman

and Labuan, any move to acquire any other part of Malaysia into a federal territory must be done in accordance with the Federal Constitution.

Constitutional law expert Prof Datuk Dr Shad Saleem Faruqi said the conversion of an area to be a federal territory could be achieved but the procedures would be complex.

Article 2 (b) of the Federal Constitution, which is related to changes made to the territorial boundaries of any state, denotes that the federal law to affect such a change must also be adopted by the state assembly.

Former Sessions Court judge Che Mohamad Zulkifly Jusoh, who is now Setiu MP, questioned the motive for the suggestion.

“At the end of the day, we need to know the intention of such a move,” said Che Mohamad Zulkifly.

Kluang MP Liew Chin Tong claimed Tengku Adnan’s proposal went against the spirit of federalism as enshrined in the Constitution.

Liew instead proposed that the Federal Territories Ministry be abolished and a “state government” be created for Kuala Lumpur, while Labuan be returned to Sabah.

He also said Tengku Adnan’s proposal was “archaic”.