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.

Christopher Gira: How about renaming Sarawak Assembly as Dewan Parliament?

 At the Sarawak State Assembly sitting today, Christopher Gira ak Sambang (GPS-Tamin) said the Sarawak State Legislative Assembly should be called Dewan Parliament Sarawak and Members of the State Assembly be called Members of Sarawak Parliament.

Picture: Christopher Gira wants Sarawak Assembly to be called Dewan Parliament Sarawak

He said since Sarawak is one of the regions in Malaysia, future’s amendments to the Sarawak Constitution should reflect the name-change.

On the current amendment to the constitution, he said he believes that will strengthen the position of Sarawak in Malaysia.

“Sarawak shall bargain more autonomy such bigger allocation federal budget, education and health,” he said during the debate on the Sarawak Constitution (Amendment) Bill.

Pujut State Assemblyman Adam Yii said the Opposition to the amendment by Chong Chieng Jen (DAP-Padungan) and Baru Bian (PSB- Ba’Kelalan) is to be expected.

“If we can recall that the masquerade of the two Constitution amendment attempts during PH government time which were entirely superficial.

“But when the 18 GPS members of Parliament abstained, they were demonized by PH as traitors to Sarawak.

“If PH constitution amendment were to succeed, we would not even be in the position to have this debate today as there would be no standing to do so.

“Thankfully, the constitution amendment as proposed and pushed by GPS was successful and that's why we are now in the position to review the federal constitution and examine where it is not in line with the fact that Sarawak is one of the three regions that formed federation of Malaysia.

“We should therefore propose to amend both Sarawak and federal constitution wherever and whenever needed to the rightful relation between Sarawak and federation of Malaysia,” Yii said.

He cautioned that the road to fully restore the rightful status of Sarawak within the federation of Malaysia will be long and challenging.

“The many tangible results that Sarawak GPS government under the wise leadership of Datuk Patinggi Abang Johari is for all to see.

“And the present proposed constitution amendment is one of the many many more restorations and or rectification we will have to tackle,” he said.

Soon Koh: Amendment to the state constitution is a bold step to separate Sarawak from other states in Malaysia

 At the Sarawak State Assembly sitting today, Bawang Assan State Assemblyman Datuk Sri Wong Soon Koh said he will support the Sarawak Constitution (Amendment)Bill if it is good for Sarawak and the people of Sarawak, regardless of the political affiliations.

Picture: Datuk Sri Wong Soon Koh says will support the bill if it is for the good of Sarawak and the people

“If amendments of the chief minister to premier and the assistant ministers to deputy ministers can add weight and stature to enable them to carry out their duties and responsibilities more effectively, and if the change is not something just to  look good and more glamorous or is mere window dressings, we can support the amendments.

“This amendment is indeed a bold step taken by GPS government to set Sarawak apart  from other states,” he said during the debate.

He said Sarawak, being one of the three equal components in the Federation of Malaysia, is different from other states, such as Penang for an example is a state and the leader of the governing body is called the chief minister.

“Sarawak as a component partner in the formation of Malaysia, would now want to change the post of Chief Minister to  that of Premier to emphasise the fact that we are not a mere state but an equal component of the federation of Malaysia.

“But with the elevation of more significant designations come the heavier duties and responsibilities. ‘Moreover, the recognition of MA63 after the recent amendments to the Federal Constitution has set the wheels of autonomy in motion and generate even more urgency for Sarawak to restore and claim its autonomous rights and interests  as an equal partner in the Federation of Malaysia.

“Hence the sacred duty and heavy responsibilities entrusted to the GPS government now headed by the premier to ensure due compliance and implementation of Malaysian Agreement,” Wong said.

He also reminded the premier and the Cabinet ministers of  the guarantees and safeguards that were the preconditions mutually agreed upon by all the founding partners as enshrined in MA63.

“The unnecessary feet-dragging and procrastination muddled with the lack of political will and courage by the state government in negotiations after negotiations over the past decades had caused Sarawak to lose and suffer much on both the political and socio-economic fronts.

“May we take these as hard lessons learned and pray that the mistakes be not repeated as it is well- acknowledged that procrastination is the thief of time and every hour of lost time is a chance of future misfortune. Sarawak and the people of Sarawak cannot afford any more moments of lost time and lost opportunities.

“Moving forward, the next five years shall be the defining period for Sarawakians to gauge the GPS government headed by the premier on the fulfilment of the “ Sarawak First” initiatives premised primarily on the compliance and implementation of MA63 as well as its Post covid- 19 Recovery and Development Strategy as outlined in its manifesto.

‘If the GPS government cannot for examples reclaim our fair share of MP seats in the Federal Government; cannot reinstate our depleted sea territory; and cannot reinstate our rights over our oil and gas resources, then one would wonder what is the use of changing the position of chief minister to that of premier?” he asked.

Chong's question on the term "premier" raises the ire of GPS State Assemblymen

 At the State Assembly today, a question was raised by Padungan State Assemblyman Chong Chieng Jen on what is the Bahasa Malaysia (BM) translation of the word “premier”?

Picture: Chong Chieng Jen asks what the BM version of "premier"?

Chong said the Malay language media translated “premier” as perdana menteri for prime minister.

Even Sarawak Public Communication Unit (Ukas) of the chief minister translated premier as perdana menteri.

“So what is the official version of word?” he asked, adding that without the official version, it has caused much confusion among the people.

Finally, he concluded that his side would not support to restyling of head of government of Sarawak as premier in place of chief minister.

He said the premier is not found in the Federal Constitution.

However, he said he will support the definition of the “federation” under Article 44 and the change of the words assistant ministers to deputy ministers.

Chong’s long-winded view on the term “premier” irked the ire of GPS State Assemblymen taking part in the debate.

Batu Kitang State Assemblyman Lo Khere Chiang asked him if he supports the bill.

Dudong State Assemblyman Datuk Seri Tiong King Sing translated the term “premier” as “menteri perdana”.

Tupong State Assemblyman Fazzruddin Abdul Rahman the term “premier” is not for an individual person but to place it in a proper place.

“ Premier of Sarawak or Menteri Perdana Sarawak amatlah sesuai sekali,” he said.

He quoted Oxford Leaner’s Dictionary that gives the meaning of premier as most important, famous or successful while Merriem Dexter, which is the great American English dictionary gives the meaning of first in position, rank or importance.

He added Cambridge Dictionary  defines the meaning as best or most important

“And from my little knowledge the word Premier originated from the Old French in 14th century which is taken from the Latin word ‘primarius’ which means ‘of the first rank, chief or principal.

“If we take an example from other commonwealth countries, we should do so as even standing order 89 allows the Speaker to have regards to the usage of Commonwealth Parliamentary Practices in the proceeding of the Dewan,” he added.

“In Canada, which is one of the commonwealth countries, the head of the federal leader is called Prime Minister and the provincial leaders are called premier. For example the Prime Minister of Canada is Justin Trudeau and the Premier of Ontario is Doug Ford.

“Regardless of the meaning and interpretation from different sources, what’s more important is the spirit behind the introduction of this new word or title.

“To signify the difference of the three partners forming Malaysia as stated in our Federal Constitution,” he said.