Chong Chieng Jen's Private Member’s Bill under Standing
Order 14.
Chong Chieng Jen: Ya, Standing Order 45. Thank you Tuan
Speaker. My
motion read as follows:-
WHEREAS the majority group of the indigenous people of
Sarawak have long been
locally and internationally called "Dayaks" and
are included under the term "natives" of
Sarawak.
AND WHEREAS the law-makers have, in the past, via the
Sarawak Interpretation
Ordinance, 1958 (Cap. 1) and the subsequent Sarawak
Interpretation Ordinance, 2005 (Cap.
61) arbitrarily divided the Dayak race into different
races of Bidayuhs or Dayaks, Bukitans,
Bisayahs, Dusuns, Land Ibans or Sea Dayaks, Kadayans,
Kelabits, Kayans, Kenyahs
(including Sabups and Sipengs), Kajangs (including
Sekapans, Kejamans, Lahanans,
Punans, Tanjongs and Kanowits), Lugats, Lisums, Melanaus,
Muruts or Lun-Bawangs,
Penans, Sians, Tagals, Tabuns and Ukits.
AND WHEREAS it is the wishes of the large majority of the
natives of Sarawak to be
unified as one race called "Dayaks" and that
the term "Dayaks" be accorded the legal
standing of the word to encompass all the different
indigenous groups (accept Malays) in
Sarawak.
It is HEREBY MOVED THAT leave be granted to Honorouble
Member for Kota
Sentosa (N12) to introduce a Private Member's Bill
entitled "Sarawak Interpretation
Ordinance (Amendment) Bill 2015" which shall provide
that the schedule to the Sarawak
Interpretation Ordinance, 2005 be amended as follows:
“Races which are now considered to be indigenous to Sarawak and accordingly
natives within the meaning of this ordinance”. 1. Dayak
which includes any of the following sub-ethnic groups. Bidayuhs or
Land Dayaks, Bukitans, Berawans, Bisayahs, Dusuns, Ibans
or Sea Dayaks,
Kadayans, Kelabits, Kayans, Kenyahs (including Sabups and
Sipengs),
Kajangs (including Sekapans, Kejamans, Lahanans, Punans,
Tanjongs and
Kanowits), Lakiputs, Lugats, Lisums, Melanaus or
originally spelt as Melanos,
Muruts or Lun-Bawangs, Penans, Sians, Tagals, Tabuns,
Terings, Ukits and
any admixture of these sub-ethnic groups with each other;
and
2. Malays and any admixture of these races with each
other.
Sharifah Hasidah Binti Sayeed Aman Ghazali: Tuan Speaker,
I rise to
raise a point of order under 33(a) on the Motion moved by
the Honourable Member for Kota
Sentosa for leave from this august House to introduce a
Private Members’ Bill to amend the
Schedule of the Sarawak Interpretation Ordinance 2005 to
reclassify the indigenous races. I
submit that the motion is out of order as it seeks to
amend a State law to make provisions
which are contrary to Article 161A(7) of the Federal
Constitution. Let me explain, Tuan
Speaker.
The idea of reclassifying native races in the State to
include various “sub-ethnic” groups under ‘Dayaks” of course deserves
consideration.
However, Article 161A(7) of the Federal Constitution
stipulates the races which are
indigenous to Sarawak. This Article reads:-
(7) The races to be treated for the purposes of the
definition of ‘natives’ in clause (6)
as indigenous to Sarawak are Bukitans, Bisayas, Dusuns,
Sea Dayaks, Land Dayaks,
Kadayans, Kelabits, Kayans, Kenyahs (including Sabups,
and Sipengs), Kajangs
(including Sekapans, Kejamans, Lahanans, Punans, Tanjongs
and Kanowits), Lugats,
Lisums, Malays. Melanaus, Muruts, Penans, Sians, Tagals,
Sabans and Ukits.
The Honourable Member for Kota Sentosa seeks to introduce
a Bill to amend the
Schedule to the Interpretation Ordinance to reclassify
the native races of Sarawak, but such
reclassification would make the Schedule to the Ordinance
inconsistent, I repeat,
inconsistent with Article 161A(7) of the Federal
Constitution, and any State law which is
contrary to the Federal Constitution would be void by
reason of Article 75 of the Federal
Constitution.
Therefore, before the proposed Private Members’ Bill
could be passed the Article
161A(7) must be amended first and only after this
amendment, could the schedule of the
Interpretation Ordinance 2005 be amended to conform with
the amended Article 161A(7).
What the Honourable Member of Kota Sentosa seeks to do
now is like putting the cart
before the horse. I thinks he’s jumping the gun actually.
So, Tuan Speaker, Since the Honourable Member for Kota
Sentosa is also a member
of Parliaments, I would suggest that he should first
introduce his Motion in Parliament to
amend Article 161A(7) and after that then come back to
this august House to propose an
amendment to the schedule of the Interpretation
Ordinance. I’m not trying to teach him but i
think he should introduce his motion in parliament first,
ya, before bringing that to this august
House.
Accordingly, Tuan Speaker, I would be very much obliged
if Tuan Speaker could rule
that the motion from the Honourable Member for Kota Sentosa,
to be out of order, and struck
out accordingly. Thank you ... (Inaudible)
Tuan Speaker: No, Honarable Member for Kota Sentosa, It's
for me to make a ruling on
that ... (Interruption)
Tuan Speaker: No, no. It is for me to make a ruling. You
have your motion, she is objecting.
Its for me to make a ruling ... (Inaudible)
Tuan Speaker: You have read the motion ... (Inaudible)
Tuan Speaker: You have no right to apply, you have no
right. You have submitted a motion.
It’s for me to make a ruling.
Y.B. Encik Chong Chieng Jen : Hear my reason first.
Tuan Speaker: No, No ... (Inaudible)
Y.B. Encik Chong Chieng Jen : You have to hear me out.
You are jumping the gun ... (Inaudible)
Tuan Speaker: No, No. You have read your motion
...(Inaudible)
Tuan Speaker: Unless leave is granted then you can argue.
Leave has not been granted, I
make the ruling. It’s for me to decide ...(Inaudible)
Tuan Speaker: Before I make my ruling, I want to ask you
three questions. You answer
that first. I ask you three simple questions before I
make my ruling. Okay.
No. 1 : Since you know about the races in Sarawak, what
is the difference between Penan
and Punan? What is the difference?
Y.B. Encik Chong Chieng Jen : They are two different
races.
Tuan Speaker: What?
Y.B. Encik Chong Chieng Jen : They are two different
races ...(Inaudible)
Tuan Speaker: You are trying to reclassify the natives in
Sarawak. I am asking you a
simple question. What is the difference between Penan and
Punan?
Y.B. Encik Chong Chieng Jen : Tuan Speaker do you want me
to go into the motion. You
allow my motion then I answer the question
...(interruption)
Y.B. Encik Chong Chieng Jen : No Tuan Speaker you have
not even decided on my
motion ...(interruption)
Tuan Speaker: Okay second question.
Y.B. Encik Chong Chieng Jen : You have not even decided
on the motion, I can go into
the substance of the motion if you allow. Allow it and I
can answer.
Tuan Speaker: Second question. Are there any races or
sub-races being left out in your
list?
Y.B. Encik Chong Chieng Jen : Tuan Speaker, I go
according to the existing Interpretation
Ordinance and if I am accused of leaving out some races,
some ethnic groups then the law
maker here in 2005 are also guilty of leaving out some
sub ethnic groups. Same thing here
Tuan Speaker. My motion is based on the Sarawak
Interpretation Ordinance so if you want
to accuse me of leaving out some groups that means they
are equally guilty.
Tuan Speaker: Question No. 3. Have you obtained written
consent from these races for
them to be reclassified?
Y.B. Encik Chong Chieng Jen : What is it? Again. I can’t
hear you.
Tuan Speaker: Have you obtained written consent from all
the races that you want to
classify? ... (Inaudible)
Y.B. Encik Chong Chieng Jen : Tuan Speaker, Tuan Speaker,
Interruption
Tuan Speaker: I make my ruling. Because you don’t answer
... (Inaudible)
Y.B. Encik Chong Chieng Jen : Yes.
Tuan Speaker: Have you got written consent? Show me.
Y.B. Encik Chong Chieng Jen : I have not even answered.
Let me, let me, Hear me out.
Tuan Speaker: Show me, show me ...(Inaudible)
Y.B. Encik Chong Chieng Jen : Can you ask them to keep
quiet. They are shouting. I
have spoken to a few NGO groups from the Dayaks.
Tuan Speaker: Show me.
Y.B. Encik Chong Chieng Jen : Dayak NGO groups.
Tuan Speaker: Written consent.
Y.B. Encik Chong Chieng Jen: They have endorsed this,
this motion.
Tuan Speaker: Show me the written consent.
Y.B. Encik Chong Chieng Jen: I get the written consent
later.
Tuan Speaker: Okay, that’s it.
Y.B. Encik Chong Chieng Jen: But Tuan Speaker, why is the
objection being raised by a
non-dayak in this House. Where are the dayak YBs.
Tuan Speaker: Okay, I make my ruling ... (Inaudible)
Tuan Speaker: Order, order ... (Inaudible)
Tuan Speaker: Order, order. Honourable Members, this is
my ruling:-
(1) The motion is
irregular. The motion contains 287 words in length. Erskine
May Parliamentary Practice, 24th Edition, page 302,
paragraph 4, line 1: “Motions should not exceed 250 words in length.”
(2) Under Standing Order 45 any Private Member’s Bill
must state the object and
leading features of the Bill. This Bill fails to state
the object and the leading
features to satisfy Standing Order 45. Standing Order
45(1) states:- “Any
private member desiring to introduce a Bill may, subject
to Article 24(7) of the
Constitution of the State of Sarawak, apply to the Dewan
for leave to do so,
stating at the same time the object and leading features
of such Bill.
(3) This Bill proposes to amend the Interpretation
Ordinance 2015 (cap 61).
This non-compliance is in breach of Standing Order
24(4)(b) which reads as
follows:-
Standing Order 24(4)(b) states:-
“If the Speaker is of the opinion that any notice
received by the
Secretary infringes any Standing Order or is otherwise
out of order,
he may direct:- that it be returned to the member who
signed it as
being in his opinion out of order.”
(4) This Bill seeks to amend Section 3 and Schedule of
the Interpretation
Ordinance 2015 (cap 61). This requires an amendment to
Article 161A(7) of
the Federal Constitution.
Article 161A(7) of the Federal constitution reads: “The
races to be treated for the purposes of the definition of “native”
in Clause (6) as indigenous to Sarawak are the Bukitans,
Bisayahs,
Dusuns, Sea Dayaks, Land Dayaks, Kadayans, Kalabits,
Kayans,
Kenyahs (including Sabups and Sipengs), Kajangs
(including
Sekapans, Kejamans, Lahanans, Punans, Tanjongs and
Kanowits),
Lugats, Lisums, Malays, Melanos, Muruts, Penans, Sians,
Tagals,
Tabuns and Ukits.”
(5) Even if this amendment to Section 3 and schedule of
the Interpretation
Ordinance 2015 (cap 61) is passed it will contravene
Article 161A(7) of the
Federal Constitutions and therefore becomes invalid under
Article 75 of the
Federal Constitution which reads:-
“If any State law is inconsistent with a federal law, the
federal law
shall prevail and the State law shall, to the extent of
the
inconsistency, be void.”
(6) A committee known as “Jawatankuasa Teknikal
Bumiputera Sabah dan
Sarawak” had been formed headed by a Minister in the
Prime Minister’s Office
to study the subject matter and to put forward
recommendations to the
Government accordingly.
(7) By way of Dewan Rakyat’s Hansard dated 26th March
2015 page 146 the
Minister said:-
“Jawatankuasa Teknikal Bumiputera Sabah dan Sarawak pada
5 Mac 2015, telah bersetuju dengan cadangan penggunaan
istilah ‘Dayak’ ditambah
kepada bangsa Melayu, Cina dan India.
Kemungkinan, kalau tidak ada yang dapat dimasukkan dalam
istilahdayak, kemungkinan kita masih mengekalkan ‘lain-lain’
untuk orang yang tidak termasuk dalam empat kategori yang telah
dipersetujui ini. Akan tetapi, istilah ini nanti Jawatankuasa Teknikal
Bumiputera Sabah dan Sarawak akan mengemukakan kepada Jemaah Menteriuntuk persetujuan dan seterusnya untuk mendapatkan
penguatkuasaan kepada semua jabatan dan agensi kerajaan.”
(8) On the Sarawak Interpretation Ordinance 1958 Schedule
to Section 3, it isexpressly stated as follows:-
“This is 1958 before Malaysia. Races which are now
considered tobe indigenous to Sarawak and therefore natives within the
meaning
of this Ordinance.
Bukitans
Bisayahs
Dusuns
Dayaks (Sea)
Dayaks (Land)
Kadayans
Kelabits
Kayans
Kenyahs (Including Sabups and Sipengs)
Kajangs (including Sekapans, Kejaman, Lahanans, Punans,
Tanjongs
and Kanowits)
Lugats
Lisums
Malays
Melanos
Muruts
Penans
Sians
Tagals
Tabuns
Ukits
And any admixture of the above with each other.” This was
an Interpretation Ordinance 1958 prior to the formation of Malaysia in 1963.
On 28th September 1962, a motion on Malaysia was tabled
in the Council Negeri. It was
expressly stated on page 24 of the Hansard as follows:-
“The motion proposes that the Chief Secretary, the
Attorney-General, the Financial
Secretary, the Datu Bandar, Temenggong Jugah, Pengarah
Montegrai, Mr. Ling
Beng Siew and Mr. Chia Chin Shin should represent Sarawak
on the InterGovernment
Committee.”
“To the Constitutional Sub-Committee – The Chief
Secretary;
The Attorney-General & such members of his staff as
he may wish to have with him;
Wan Abdulrahman bin Datu Tuanku Bujang;
Mr. James Wong; and
Penghulu Umpau.”
On the Sessional Paper No. 1 of 1963 Report of the
Inter-Governmental Committee
1962 it was expressly stated: “Special position of the
indigenous races
29. It was agreed that –
(a) in the application of Article 153 of the Federal
Constitution in and to the Borneo
States its terms should be construed as if “Natives” were
substituted for
“Malays”;
(b) the term “Native” should be defined in the Federal
Constitution by adopting:
(i) in Sarawak the definition in the Sarawak
Interpretation Ordinance.” On 8
th March 1963 the motion to adopt the Report of the
Inter-Governmental
Committee 1962 was approved. Chapter III IGC Report No.
29 (b) (i): “It was agreed that
the term “Native” should be defined in the Federal
Constitution by adopting in Sarawak the
definition in the Sarawak Interpretation Ordinance.”
Sarawak Interpretation Ordinance 1958 became the foundation and substratum of
the definition of “Natives” under Article 161A(7) of the
Federal Constitution. This was the
collective view of the founding fathers. This was what
they wanted.
Under the Schedule to Section 3 of the Sarawak
Interpretation Ordinance 1958 it
wastated “Dayaks” (Sea) and “Dayaks” (Land).This is the
common denominator to both
groups. Under the Sarawak Interpretation Ordinance 2005,
“Native” is defined as “Native” means a citizen of Malaysia of any race which
is considered to be indigenous to Sarawak as
set out in the schedule.
The schedule to Section 3 of the 2005 Ordinance again
reaffirmed
(1) “Bidayuh or Land Dayaks”
“Ibans or Sea Dayaks”
(2) The spelling of “Melanos” changed to “Melanau”. (3)
“Muruts or Lun Bawang” This ordinance had been approved by this House in 2005.
The list of races and subraces
in the Bill is not the indigenous people in their
entirety. I had received the full
information dated 17th April 2015 from Majlis Adat
Istiadat. Allow me to read the true list of
the races and sub-races of Sarawak as they stand now
today.
ETHNIC GROUPS OF SARAWAK
Name of Ethnic Group Name of Sub-group
1. Iban (Sea Dayak) - Seru, Remun, Mamaloh
2. Melayu
3. Melanau
4. Bidayuh (Land Dayak) - Bukar/Sadong, Biatah, Bau/Jagoi
(Jagoi,
Singgai dan Baratak), Selako, Lara
5. Kayan - 20 sub-groups (refer to list)
6. Kenyah - 30 sub-groups (refer to list)
7. Kajang - Punan, Kejaman, Lahanan and Sekapan
8. Berawan
9. Lakiput
10. Kelabit
11. Lun Bawang - Formerly known as Murut. Known as Lun
Dayeh
in Sabah.
12. Tring
13. Tabun
14. Sa’ban/Saben
15. Bisaya - Known as Dusun in Brunei.
16. Penan
17. Bhuket or Ukit
18. Punan Busang
19. Baketan (Bagatan or Bukitan)
20. Tagal - Known as Murut in Sabah.
21. Lisum
22. Logat
23. Sihan
24. Kedayan
Other small groups
25. Bah Mali
26. Tanyong (Tanjong)
27. Tetau or Tatau
28. Kanowit
Other smaller groups (Muslims)
29. Narom
30. Bakong
31. Miriek (Miri)
32. Dali’ 33. Segan
Others
34. Javanese or Jawa
35. Chinese - Hokkien, Foochow, Hakka, Teo Chiew,
Hainanese, Cantonese, etc
36. Indian - Tamil, Sikh, etc
Ahli-Ahli Yang Berhormat, to turn history, the laws
passed by the Founding Fathers,
the Sarawak Interpretation Ordinances, the Constitution
of the Malaysia – to turn all these
upside down can be likened to a Chinese saying:-
“Drinking poison to quench one’s thirst.” With that, the motion is dismissed
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