Dr Sim says Sarawak constitution amendment bill places Penang chief minister's post into second class

 KUCHING, February 15, 2022 - Deputy Chief Minister Datuk Seri Dr Sim Kui Hian believed that the DAP Sarawak is very worried about the passage of the Sarawak Constitution (Amendment) Bill because it places the premier’s post of Sarawak higher than the post of Penang chief minister.

Picture: Datuk Sri Dr Sim (wearing bluish coat) speaking to reporters.

“I think the DAP is very worried. You know why? Because in Sarawak, the chief minister has changed the title to become premier so that is why they are worried because the DAP Penang cannot change the title to become premier,” Dr Sim told reporters on the sidelines of the State Assembly sitting.

“So they are second class already. That is why they (DAP state assemblymen) opposed the designation of the title so hard and using all sorts of excuses,” he said.

He said having the right name is not just about the status, it  is the beginning of the subsequent assertion to further reclaim Sarawak’s rights and autonomy.

“Just now (during the debate), the GPS YBs were talking about Sarawak Parliament and all these are coming as our rights, privileges and autonomy,” he added.

Dr Sim, who is also the Public Health, Local Government and Housing, said this shows that Sarawak has political independence.

He said GPS supports the federal government for political stability in the country and, in turn, whoever forms the federal government must also supports Sarawak to reclaim its rights.

“These are two conditions that the GPS imposes.” he said.

Dr Sim said Sarawak is “very lucky” because the PH federal government came to a premature end after 22 months in power after winning the 2018 general election.

“Otherwise, we will not be able to get our sales and service tax (SST) revenue on the export of petroleum products,” he said, recalling that the PH federal government even brought the Sarawak government to court over the imposition of the SST.

He said the DAP Sarawak and PKR Sarawak representatives in the federal government dared not opposed when the then Prime Minister Tun Dr Mahathir Mohamad asked Petronas to sue the Sarawak government.

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.

A child of mixed marriage between a native and non-native is now considered as native after the passage of the Interpretation (Amendment) Bill

 KUCHING, February 15, 2022 - A child of mixed marriage between a native and a non-native is considered as a native with the passage of the Interpretation (Amendment) Bill, 2022, which was unanimously supported by both the government and opposition lawmakers.

Picture: Sharifah Hasidah says the amendment will solve the predicaments of a child of mixed marriage

State Assistant Minister of Law, Malaysia Agreement 1963 and State-Federal Relations Datuk Sharifah Hasidah Sayeed Aman Ghazali, however, said the native status is subject to the conditions and requirements to be imposed by the State Cabinet.

“This amendment (on a child from a mixed marriage) is timely and a way forward for Sarawak where mix marriages are common,” she said when tabling the bill in the State Assembly. 

“With this amendment, a child will be considered a native as long as either parent is a native,” she adding that there is no longer a requirement that both parents must be a native of Sarawak, as previously required.

“This is an extremely significant and historic amendment especially to the children of mixed marriages, as this amendment will resolve the serious and dire legal predicaments to many children of mix native and non-native parents in the area of inheritance and transfer of native lands and many more other matters,” she said.

Sharifah Hasidah said the proposed amendment also includes a new Section 63 that empowers the State Cabinet to amend the Schedule in the event of any future addition to the races listed in the Schedule.

“The government is aware that this amendment maybe open to exploitations and abuse, and in view of this the government, through State Cabinet shall impose additional conditions and requirements before a person is recognized as a native of Sarawak.

“This is in addition to the pre-existing requirement that he or she must be a citizen and a natural born child of a native of Sarawak.

“Be rest assured that, although the definition of native is now broader, with the conditions and requirements imposed by the State Cabinet, the provisions in the new amendment will be safeguarded against abuse or exploitations.

“Apart from that, this amendment will not have any effect on any rights and privileges (other than the determination of native status) made or occurring prior to the date of coming into force of this Ordinance and which has been decided by a court of competent jurisdiction or by a competent authority.

“This mean that these amendments will not be retrospective,” she said.

Sharifah Hasidah said the amendment to the Interpretation Ordinance is made following the passage of the Federal Constitution (Amendment) Bill, 2021, on December 14 last year, which among others, amended Clauses (6) and (7) of Article 161A of the Federal Constitution.

She said these amendments empowered the state to determine who a native of Sarawak is through the application of State law.

“This means the power to determine who a native is returned back to the state,” she said, stating that the present definition of native of Sarawak is determined by reference to the Federal Constitution and the Interpretation Ordinance, 2005 [Cap. 61].

“With the amendment to the Federal Constitution specifically Article 161A, the state is empowered to determine which race is to be regarded as indigenous to the state, by the application of the state law,” she said.

She said the 12 additional races are included in this proposed amendment namely Bagatan, Bakong, Bemali, Berawan, Dali, Lakiput, Jatti Miriek, Narom, Sa’ban, Tatau, Tring and Vaie.

During her winding up speech, Sharifah Hasidah assured that native races which have been missed out from the list will be added accordingly by the State Cabinet.

Gerawat Gala says amendment to Sarawak Constitution is all about status and dignity as autonomous state

 At the Sarawak State Assembly sitting today, Datuk Gerawat Gala (GPS-Mulu) said the amendment to the Sarawak Constitution is all about the state’s status and dignity as an autonomous state in the Federation of Malaysia.

Picture: Datuk Gerawat Gala slams Chong Chieng Jen for not supporting the amendment bill.

He said it is also about the pride and dignity of every Sarawakian today and the future generations.

“This amendment is a visible historical and legal milestone to remind every Sarawakian, especially for our future generation that Sarawak is not just an ordinary member of the Federation of Malaysia, that we are a founding member of the Federation of Malaysia and that we have special rights and privileges which other States do not have (except for Sabah),”he said during the debate on the Sarawak Constitution (Amendment) Bill.

Gerawak slammed Chong Chieng Jen (DAP-Padungan) for refusing to support the change of title from Chief Minister as he is of the view that such change is irrelevant without a corresponding amendment to Schedule 9 of the federal Constitution which set out the powers of the state.

He said Sarawak’s rights and privileges under MA63 which is now part of the Federal constitution is not limited to those enumerated under schedule 9 of the Federal Constitution.

“It is for us as elected representatives of the people to continue to fight for, realise, protect and preserve our rights as provided in the Federal Constitution which include MA93 which go beyond schedule 9 of the Federal Constitution,” he said.

Gerawat also disagreed with Ba’Kelalan state assemblyman Baru Bian’s view that the amendment bill in as far as it seeks to change the title and style of the chief minister to premier is unconstitutional.

He said Baru’s view is unsustainable and without basis because Article 160(2) in the definition of chief minister clearly allows for the title and style of chief minister to be called by any other name.

“The term premier is used in other commonwealth countries such as Canada and Australia for the chief executive and leader of member states in their federation.

“There is nothing unusual or objectionable in the use of the term Premier for our chief minister to reaffirm Sarawak’s special status in the Federation of Malaysia,” he said.

Sarawak Constitution (Amendment) Bill gets the two-thirds support after the second round of voting

  

KUCHING, February 15, 2022 - The Sarawak Constitution (Amendment) Bill secured the two-thirds support of the total number of state assemblymen on the second round of voting for the bill to become law.

Datuk Sri Karim Rahman Hamzah.

On the first round, only 54 state assemblymen supported the bill and six opposed it.

After Tourism, Creative Industry and Performing Arts Datuk Sri Karim Rahman Hamzah had completed his winding up on the debate, a vote by way of a show of hands was held, only 53 state assemblymen voted in favour of the amendment while six opposed it.

Chong Chieng Jen (DAP-Padungan) then stood up and said the amendment bill cannot be passed as it failed to get the support of the two-thirds of the total number of the state assemblymen.

The Speaker Tan Sri Asfia Awang Nasar then  said another state assemblyman had just come in to make the total 54, which is still one short of the two-thirds.

Chong said even at 54, it is still not two-thirds of the total number of the state assemblymen and therefore, the bill failed to pass through.

The Speaker then asked the state assembly secretary to ring the bell for five minutes.

Bawang Assan state assemblyman Datuk Sri Wong Soon Koh said it is improper to call for another round of voting, saying that it will create a bad precedent.

The Speaker then said 10 state assemblymen were not in the chamber at the voting time  while four others were granted leave of absence from attending the sitting.

After the bell was rung and votes taken, the Speaker announced that 67 state assemblymen supported the bill and six opposed it.

Winding up the debate, Karim said the spirit of the amendment is what matters most.

“The bigger picture behind the amendment to  emphasise and to cement the difference and status enjoyed by Sarawak as compared to other states in the federation of Malaya.

“In the formation of Malaysia, there is no clear distinction between Sarawak and other states to reflect the status of Sarawak.

“Consequently, Sarawak has been given the same treatment as other states leading to erosion of Sarawak’s rights of which the GPS is trying to recover,” he said.

Twelve state assemblymen took part in the debate.

Earlier, Karim said the amendment to the State Constitution is to give full effect to the recent amendment of the Federal Constitution.

“The recent amendments to the Federal Constitution restores the spirit originally  contemplated by the parties to the Malaysia Agreement, 1963 (MA63) and that is, when Sarawak agreed to be a party in the formation of Malaysia, it was intended  that Sarawak retain its status as one of the three regions (Federation of Malaya,  Sabah and Sarawak) that formed the new Federation of Malaysia.  

“This put Sarawak as one of the three regions and is to be regarded not with the  same status as the other component States in the Federation of Malaya.

“The  special status of Sarawak needs to be reflected in the manner different from other  States in the Federation.

“As practised in other Commonwealth regions assuming similar set up with  Malaysia including Australia and Canada, the Head of the Federation is styled as  Prime Minister and Heads of Regions constituting the Federation is styled as  Premier while the other sub-regions or states are headed by Chief Ministers.

“Therefore, to correctly reflect the status of Sarawak as different from the other  States in the Federation, it is proposed that the designation and style of Chief  Minister be re-styled to Premier,” he said.