No way Sarawak can claim full ownership of oil and gas resources unless PDA74 is repealed, says senior lawyer

 

By Simon Peter

KUCHING, March 27, 2025: The only way for Sarawak to fully and legally claim full ownership of oil and gas resources is for the state government to seek the removal of the Petroleum Development Act 1974 (PDA74), a senior lawyer contended today.
As Sarawakians, we all have rights to our oil and gas which we lost since PDA74 was passed by the federal parliament - Voon Lee Shan (picture, left)

He said as long as PDA74  is still being enforced there is no way Sarawak can claim full ownership of the oil and gas resources.

He said this is because PDA74 over-rides Oil Mining Ordinance 1958 (OMO58) as indicated by Article 75 of the Federal Constitution.

“It is clear that under Article 75 when there is a conflict between the state law with an Act of Parliament, the Act of Parliament takes precedence over the state law,” Voon, who is also Parti Bumi Kenyalang (PBK) president, said in a statement.

“It is now the obligation of the state government to seek federal parliament or the prime minister to repeal PDA74 and other relevant Acts of Parliament so that Sarawak and Sabah could take back their oil and gas resources,” he said.

He added there should be no more playing politics about this Sarawak rights by  leaving PA74 to become an enforceable law to vest Sarawak’s oil and gas in the hands of Petroliam Nasional Berhad (Petronas).

He agreed that OMO was enacted in 1958 before Malaysia was formed in 1963 while PDA was passed by Parliament in 1974.

He said PDA74 was passed to take and vest Sarawak’s oil and gas resources in the of Petronas. 

He said it does not mean that any Act of Parliament passed  during emergency would automatically be repealed after the removal or lifting of the Emergency Ordinance, citing PDA74 as an example that continue to exist.

“It  is irrelevant whether or not PDA74 was drafted in secret or was passed with or without the approval or consent of Sarawak Legislature or the then Chief Minister Tun Rahman Yakub, had been tricked, coerced or otherwise on freewill, signed the oil and gas resources away during strange times, but, the fact is clear that PDA74 as it is now, gives the full authority in perpetuity to take these resources away,” he argued.

“As Sarawakians, we all have rights to our oil and gas which we lost since PDA74 was passed by the federal parliament.  

“We also know the intention or purpose of PDA74 and we also know that PDA74 could likely be unconstitutional, but it is still a good law until repealed by Parliament or declared by a competent court that it is unconstitutional,” he said.

 Voon argued that the oil and gas pumped by Petronas from Sarawak was God’s given gift to Sarawak, not to Petronas or the federal government or Malaya.

He said he could not understand why the state government still does not believe this and still seems reluctant to take everything that is  in the hands of Petronas back for Sarawak.   

 

 

 

 

 

 

 

Consider granting Chinese descendants the native status, suggests Julau MP to Sarawakl government

 By Simon Peter

KUCHING, March 26, 2025: A government back-bencher has suggested to the Sarawak government to consider granting native status to descendants of Chinese migrants who came to Sarawak for over 150 years ago.

Unlike the Syrians who migrated to Sarawak and became Melanaus over night, and have since packed up their belongings and have left Sarawak, at least we know the descendants of Chinese migrants are staying put in Sarawak for the long term - Larry Sng

Julau MP Datuk Larry Sng said the majority of the descendants were born in this country and have served, fought, sacrificed and contributed immensely to the economic well being of the state.

He said the descendants should be granted the native status in view of  the state’s uniqueness in terms of racial composition and religious  diversity of its population and autonomy in certain areas.

“Unlike the Syrians who migrated to Sarawak and became Melanaus over night, and have since packed up their belongings and have left Sarawak, at least we know the descendants of Chinese migrants are staying put in Sarawak for the long term,” Sng, who is also Parti Bangsa Malaysia (PBM) president, said in a statement, in an indirect reference to Raghad Waleed Alkurdi and her two sons who became Melanaus after she married former Governor  the lateTun Abdul Taib Mahmud.

“This (granting the descendants the native status) is something I hope the state government would consider and legislate into law for the benefit of the state and all its people,” he added.

Sng said he is grateful that one of his staff members, a Sarawakian of Chinese and Orang Ulu parentage, has finally received her Bumiputera status, after 48 years.

“This is great news for many Sarawakians who are of mixed parentage, who were previously unable to inherit native land from their mothers and had to miss out on many benefits and job opportunities despite many being poor,” he said.

He added some families in the past chose to register their children under the mother’s name so as to overcome this issue, and in doing so, losing the father’s heritage.

(Updated): Voon expresses disgusted at unwarranted harassment against non-Muslim Sarawakian by unknown man

 

 By Gedong Express reporter

KUCHING, Marchy 22, 2025: Parti Bumi Kenyalang (PBK) president Voon Lee Shan today expressed his disgust at the unwarranted action of an unknown man who physically harassed a non-Muslim Sarawakian student for not fasting during Ramadan in Johor recently.

He said such an harassment against a non-Muslim is horrible.

“It was just lucky that the student was not seriously injured. He should be provided with a legal counsel by the Sarawak government to protect his interest and to ensure the suspect be brought to justice,” Voon (picture) said in a statement.

“We should not tolerate such a situation against Sarawakians in a foreign land. Their safety in this foreign land is a responsibility of the Sarawak government,” the senior lawyer said.

He added from the video, it seemed that the suspect not only challenged the student but the police, noting that the suspect heard saying “saya tidak kisah panggil polis”.

He said the Sarawak government should, if not have done yet, make a representation to the federal Attorney – General Chambers to press for an early trial against the accused.

“This is to ensure that the student who was being assaulted or harassed would not have his studies distracted by delayed trial,” he said.

He also the Sarawak government to send a strong message to “outsiders” not to bully any Sarawakian working or studying in Malaya.

He said this is not about politics, but dignity and safety and rights of every Sarawakian.

“It is estimated that there are about 400,000 Sarawakians working and studying in Malaya and in Singapore,” he said, adding that in Johor alone, there could be over 100,000 Sarawakians living or working there.

He said Sarawakians have enough about a “cawat” issue by a Malayan leader some years ago and definitely, “we should not keep a blind eye about things like the incident in Johor.

“This is also to tell outsiders that Sarawakians in foreign land who are working or studying outside Sarawak have a caring government who will fight for their rights and whom they can fall back when facing problems.  

The man, identified as 65-year retiree Abdul Razak Ismail, was later charged in Johor Bahru’s magistrate’s court where he pleaded not guilty on March 19, 2025.

He was charged under Section 323 of the Penal Code for voluntarily causing hurt to 21-year-old Elijah Ling Zhao Zhong.

Abdul Razak allegedly committed the offence at a mall in Tampoi at about 6.15pm on March 16.

If convicted, he faces a maximum one-year jail term, a fine of up to RM2,000 , or both upon conviction.

He was represented by lawyer Salleh Togimin, while Deputy Public Prosecutor Nor Afiqah Musa prosecuted.