Prove that you objected to the Territorial Sea Act when it was tabled in parliament, Lina tells Chong Chieng Jen

KUCHING, December 24, 2917 - State Reform Party (STAR) president Lina Soo said that the DAP did not raise any objection or take part in the debate when the Territorial Sea Act 2012 was tabled and later passed in Parliament, contrary to claims by Bandar Kuching member of parliament Chong Chieng Jen.

STAR president Lina Soo asked Chong to produce his proof

"To the best of her knowledge, the DAP and other opposition parties did not object to the enactment of  the Territorial Sea Act  which was gazetted on 22 June 2012," she said in a statement when rebutting Chong's assertion.

In this respect, Soo urged Chong , a three-term MP for Bandar Kuching,  to produce the Hansard (parliamentary records) which can verify any objection to the Territorial Sea Act if any, by  himself, Lim Kit Siang, or any other opposition leader.

She cited the Territorial Sea Act Section 3 (3) which states that for the purposes of the Continental Shelf Act 1966 [Act 83], Petroleum Mining Act 1966 [Act 95], the National Land Code [Act56/65] and any written law relating to land in force in Sabah and Sarawak, any reference to territorial seas therein shall in relation to any territory be construed as a reference to such part of the sea adjacent to the coast thereof not exceeding  three nautical miles measured from the low-water line. 

In effect, explained Soo, this means Sarawak’s territorial sea had been reduced from 12 nautical miles to three nautical miles, and the Economic Exclusive Zone thereafter which extends up to 200 nautical miles belong to the Federal Government.

"The Territorial Sea Act had therefore limited Sarawak control of the Continental Shelf to only three nautical miles instead of 200 nautical miles of Exclusive Economic Zone admissible by international law.

"Ownership of our territorial seas and waters means it is within our  right  to take control of our marine wealth and to exercise the power to grant licences for prospecting, exploration, granting of oil mining leases, and to issue deep sea fishing licences," she said.

Soo said that the precise description of the international boundary of Sarawak is defined by The Sarawak (Alteration of Boundaries) Order in Council 1954 which states that the area of the Continental Shelf being the seabed and the subsoil which lies beneath the high seas contiguous to the territorial waters of Sarawak.

" In our Sarawak Land Code [Cap 81] passed in our Sarawak State Assembly in 1958 it was gazetted that “State Land” includes the foreshore and beds of the sea within the boundaries of Sarawak as provided for by the Sarawak (Alteration of Boundaries) Order in Council 1954," she stressed.

Soo cited Article 1 (4) of the Federal Constitution which stipulates that subject to Clause (4), the territories of each of the States mentioned in Clause (2) are the territories comprised therein immediately before Malaysia Day.

Soo also pointed  out that under the Federal Constitution, Article 2 (b) empowers Parliament to alter the boundaries of any State, but a law altering the boundaries of a State shall not be passed without the consent of that State (expressed by a law made by the Legislature of that State) and of the Conference of Rulers.

"As laws passed by Parliament which affect and alter the ownership of the territory with all its rights herein, can have no constitutional or legal effect without the consent of the Sarawak DUN, Soo wants the Sarawak government to clarify if they had passed a law in DUN to alter the territorial boundary of our Continental Shelf.

"If that legislative step had not been taken, then our Sarawak government must demand that Territorial Sea Act 3 (3) be replaced with the provision "This Act shall not apply to Sarawak and Sabah".

"Why had all elected opposition MPs of Malaya political parties, of whom many who are lawyers, who are expected to be the watchdog of the excesses and impropriety of the BN government  silent when it comes to the territorial integrity and sovereignty of Sarawak and Sabah?" queried Soo.

"Shape up or ship out," said Soo, "of Pakatan Sarawak if they are not vigilant in defending the rights of Sarawak and Sabah within the Malaysia Agreement and the Federal Constitution."