Tuesday 15 February 2022

Sarawak citizens of Chinese and Indian racial origins should be allowed to become natives of Sarawak, says PSB YB

 KUCHING, February 15, 2022 - Batu Lintang State Assemblyman See Chee How today said all Sarawak citizens, who are born in Sarawak, from particularly the Chinese and Indian racial origins, should be allowed to become “natives” of Sarawak.

Picture: Batu Lintang YB See Chee How says the Chinese and Indians were accorded the native status during the reign of the Rajah Brooke in Sarawak

He said many foreigners have been made natives, and even regarded as members of the indigenous race, by operation of the laws.

I agree that our State Constitution is a living being, and we can change over time. I hope that we will make the Constitution all encompassing, to include and serve all Sarawakians in Sarawak,” he said during the debate on the Interpretation (Amendment) Bill at the Sarawak State Assembly.

He said “natives” is variably interpreted in dictionaries and legislatures, but those interpretations are made invariably relating to the first people, described as indigenous, to live in a place or country, and relating to or describing one's country or place of origin or birth or one who was born in a particular country or place.

He said the first part of Clause 2 of this Bill has rightly and necessarily promulgates a new Schedule which inserted additional races considered to be indigenous to Sarawak.

He said this includes a person who is a citizen and is a natural born child of a person of a race indigenous to Sarawak.

He added amending the Schedule of the Interpretation Ordinance, 2005 is to express in clarity and be substantially consistent with the recent amendment to Article 161A of the Federal Constitution, to protect and safeguard the special privileges, interests and rights of the first people or the indigenous people of Sarawak.

He said he is referring to the calls to make and include all Sarawakian citizens who are born in Sarawak, from particularly the Chinese and Indian racial origins, as “natives” of Sarawak.   

See said the word “native” carries the connotation of a sense of belonging to the home land and country, patriotic, love and devotion, and of equal significance, a recognition of their beings.  

And we are talking about more than 20% of Sarawakians being of Chinese and Indian origins who are Sarawakians born in Sarawak, contributing enormously for Sarawak’s past, present and future.

In fact, before the formation of Malaysia, particularly during the Brookes’ era, the White Rajahs recognized the potentials of the Chinese contribution in nation building.

They encouraged the Chinese to make Sarawak their homes, through giving of squatter licences and grants before 1890, to cultivate, farm and build their homes in Sarawak.

 The added efforts culminated to the enactment of the Land Regulations Order No. VIII (8 in Roman numerals), 1920, which came into force as from 1st January 1923 vide Sarawak Government Gazette Notification No: 143 (in Roman numerals CXLIII), 1922 dated November 16, 1922 at page 406.

The enactment, the order cited as the Land Order 1920, repealed all previous Orders, and in interpretation section where a “native” was  referred to as a natural born subject of His Highness the Rajah.

Literally, this simply means that any natural born Sarawakian is a native in Sarawak, including the Chinese and Indians,” See said.

 He added the Land Order 1920 has no similar in Malaya, that is a huge difference, on the special privileges and rights enjoy by the Chinese in Sarawak and Malaya.

Of course, at the same all material times, the position and special rights, privileges and interests of the indigenous natives of Sarawak are given the necessary protection and safeguards,” he said. 

He said from the 20s to the 50s, it had been recorded on the enormous Chinese contribution to Sarawak’s nation building and the general wellbeings of all Sarawakians in the pre Malaysia days.

I could not find the relevant latter Order or legislature which had repealed or annulled the native status that was accorded to the Chinese and Indians through the Land Order 1920, but it was and is clearly the provisions in the Federal Constitution and the existing Sarawak Interpretation Ordinance that the Chinese and Indians are not considered as natives of Sarawak,” he said.

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