Wednesday, 16 February 2022

Karim says nothing to stop people from using the term "Premier" when they refer to Abang Johari

 By Simon Peter

KUCHING, February 16, 2022 - Youth, Sports and Entrepreneur Development Minister Datuk Sri Rahman Hamzah stressed today that there is nothing to stop people from using the term “Premier” when they refer to Datuk Patinggi Abang Johari Openg, even though it has not been gazetted yet.

Picture: Datuk Sri Karim Rahman Hamzah hopes that the Sarawak Constitution (Amendment) Bill can be gazetted as soon as possible

He said even now the term is widely used in social media after the the Sarawak Constitution (Amendment) Bill, 2022 has been passed by the Sarawak Assembly  yesterday.

“If we look at from the legal point of view, we should wait until the bill  has been gazetted because what has been agreed and  passed in the State Assembly, there is a process to be followed,” Karim said.

He said after the bill has been passed, the bill will be brought to the Governor before it is gazetted. “Only then it can be used officially,” he added, stating that a date will be fixed by the state government when it will be officially used.

“But to me personally, in view of it already being approved, we can’t stop people from using it.  Even now, the people have been using it in the social media,” he said.

Karim said he will not be able to know what the  bill will be gazetted for Abang Johari to be officially called the premier.

He said the gazettement can be done within a week or a month or even six months for any bill that has been passed by the State Assembly.

“It is up to those in authorities when the  constitution amendment bill will be gazetted.

“In the case of the declaration of emergency, the next day it will be gazetted after it has been announced. Everything is done very fast. It can be done in one day.

“Likewise, if the state government wants the bill to be gazetted next week or this week, it will be done this week,” he said.

He said it is better to speed up the gazettification of the bill.

“If it has to wait for month, it will lead to numerous speculations why it has to wait for three months. “If possible, gazette the bill within a month or even a week. It can be done.

“If we have to wait, then it will lead to lots of speculations,” Karim said.

Karim rebukes DAP YBs for ridiculing the "premier" title accorded to Sarawak's head of government

 By Simon Peter

KUCHING, February 16, 2022 - Youth, Sports and Entrepreneur Development Minister Datuk Sri Karim Rahman Hamzah today rebuked the two DAP state assemblymen for ridiculing the “Premier” title accorded to Sarawak’s head of government under the amendment to  State Constitution which was passed in the State Assembly yesterday.

Picture: Youth, Sports and Entrepreneur Development Minister Datuk Sri Karim Rahman Hamzah says Sarawakians should be happy with what the GPS government is doing

“I find it to be not very good. If I can describe it as despicable for somebody to ridicule the efforts that we are trying to do,” he told reporters after the State Assembly has adjourned its three-day sitting.

“If we look deeply why we tabled the Sarawak Constitution (Amendment) Bill, 2022, it is to put us up on a higher level.

“Sarawakians should be very happy with what we are doing.

“Unfortunately, we do have honourable members from the Opposition trying to ridicule the efforts that we are trying to do,” he said, without naming the Opposition State Assemblymen, but is believed to be referring to Pending State Assemblymen Violet Yong and Padungan State Assemblyman Chong Chieng Jen.

Karim, who tabled the Bill, said the GPS state government is trying to put up Sarawak on a higher status as compared to other states in Malaya.

He explained the other states are not the signatories to the formation of Malaysia.

“That is the reason why we have come with all this. We have studied the matter thoroughly; the implications and effects like that.

“What are the terms that we are going to use.

“That is why we don’t call the premier as the prime minister. We don’t want to have confrontation. “We respect the federal government. The premier title cannot supercede the prime minister, even though I know in social media a lot people are making comparison saying we got the prime minister. “No, we bring it down slightly lower. The premier title is higher than the title of the chief minister.

“If you want to see the structure in Australia, they’ve got the prime minister, the states in Australia have the premiers. Likewise in Canada, they have the prime minister and the states have the premiers.

“Here in Sarawak, unfortunately, people are ridiculing what we are trying to do.

“Belum apa apa, compared macam (premier) tissue while the other one said much ado about nothing.

“Well, we will see if it will up to be that way.

“But then, we are trying our level best to elevate Sarawak to a higher pedestal,” he said.

Asked if there are plans to define the status of Sarawak either as a state or region, he said there are admissions at the state and the federal levels, even by the federal and state political leaders, including the Opposition leaders like Lim Guan Eng, who used to say Sarawak cannot be at the same level with other states.

“If we look at the history, it is like that,” he said.

Karim said at the formation of Malaysia the signatories are the representatives from the federation of Malaya, North Borneo, Sarawak and United Kingdom.

“But after the formation of Malaysia, the signatories from Sarawak and Sabah regions were made on the same level with other states which were not the signatories to the Malaysia Agreement.

“It should have been objected in those days, but unfortunately it was not.

“Probably because we can understand in 1963 how many were professionals in Sarawak? How many lawyers? We’ve got so many MPs at that time who were illiterate and who were not able to argue on this and who might not able to understand the concept of Malaysia.

“But we do have the late Tun Jugah who came with a proverb “manis dipun, tabar diujung”.

They could see that.

“But they might not understand from the legal aspect,” he said.

Karim stressed Sarawak is not trying to go out from Malaysia.

“We love to be with Malaysia. We want to strengthen, but then we want to see those on the other side to understand us better, and we want to share the assets or resources equitably in accordance with the situation,” he added.

He said there are certain things that were agreed in the IGC  (Inter-Governmental Committee) Report on the formation of Malaysia, but were not shared fairly, like the development fund that is supposed to be given every year.

“But what has happened over the last 50 years the (previous) federal government only gave RM16 million every year, then came the PH government that gave RM30 million to us.

“There must be some kind of mechanism how this amount comes about.

“That is the reason why we want to see how much money or resources have been taken from Sarawak every year and that is the reason why we want to have a representative inside the Inland Revenue Board.

“If we write to them, they will not want to give us because they will say this is privilege and you are not supposed to be getting it.

“We will know how much every year, if we sit on the board, it will be tabled and how much is from each state and then we will know.

“From Sarawak, how many billions, if they get RM10 billion, and we will get RM6 million, then it is not right.

“These are the things that we have been fighting for, even the amendment to the Sarawak constitution, are those little processes that we are doing, not with a view to get out of Malaysia, but to strengthen our position and also to get back those rights that have diminished over the years,” he said.

Asked if there will be more amendments to the State Constitution in future, Karim said there might be some more amendments or there might be some more negotiations with the federal government on the return of the state’s rights,

He said one is tourism.

He said when the MA63 was signed and stamped in 1963, nobody knew about tourism. It was not even discussed. The same goes with environment.

He said tourism was not on the Federal List or the State List then.

“Somehow in the early 1990s, a bill was quietly pushed in Parliament and if I am not mistaken, it was not debated to park tourism as a federal matter.

“Personally, I personally feel there is something wrong and when I questioned something like this, at that time the minister of tourism was not very happy.

“He got insulted because I raised it up,” he added.

Karim, who is a lawyer by profession, said under the law, if the subject matter is not on the Federal List nor on the State List, it is deemed to be on the Residual List.

He added the Residual List is a matter that comes under the state.

He said tourism should solely be on the State List and should not be a federal matter.

“But we are not that greedy. We want to negotiate. We were not even consulted when tourism was parked on the Federal List.

“We want to share. You take part of it, we take part of it.

“At least the funds to be given to the state will be much bigger,” he said.

Apart from tourism, he said the state government wants to look at the continental shelf.

“We cannot allow everything to be federal. The state must have some share.

“We are not trying to strengthen ourselves to get out.

“Our forefathers had wanted to be in Malaysia, we should fight to be in Malaysia. But then, we define the law properly and of course, we do not want to be placed on par with states like Perlis, Malacca or Penang.

“Not to say that we look down on them, but, of course, we were a party that formed Malaysia.

“I know some Malayan politicians may not be happy. I read on the social media of some of them asking what Sarawak was trying to do.

“But then after a while, they will be able to understand,” he said.

 

Aspirasi: It would have been perfect if Sarawak's head of government is renamed Prime Minister, instead of Premier

 KUCHING, February 16, 2022 - Sarawak People’s Aspiration Party (Aspirasi) president Lina Soo today welcomed the designation of Sarawak’s head of government from Chief Minister to Premier following the passing of the the Sarawak Constitution (Amendment) Bill by the State Assembly yesterday.

Picture: Aspirasi president Lina Soo hopes that the change of name is not purely for cosmetic

She said the renaming is good, though it would have been perfect if the renaming was from Chief Minister to Prime Minister directly.   

This constitutional amendment proves the sovereignty and sanctity of our legislative assembly established as Sarawak General Council  on September 8, 1867 and is one of the oldest continuously functioning legislatures in the world, with the power to make and amend law,” she said in a statement when commenting on the passage of the bill.

Explaining that English as the world’s lingua franca is an ambiguous language subject to context, interpretation and translation, it is not inappropriate to redesignate our head of government, to Premier,Soo said.

She stressed having Premier as title for the Sarawak head of government to distinguish it from the heads of governments of the states of Malaya who are called Chief Ministers is a welcome move, to establish the fact that Sarawak is one of three nations in the federation, and not one of thirteen states with thirteen chief ministers.  

She said the title of Chief Minister is the British colonial legacy where on July  22,1963, the new head of Sarawak government Tan Sri Stephen Kalong Ningkan should have been called Prime Minister instead of Chief Minister, as was Lee Kuan Yew called the Prime Minister of Singapore in 1959 who maintained his title within the federation of Malaysia.   

I would say this was an oversight on the part of the British government with regards to Sarawak,”she added.

She emphasised that the Sarawak government is still shy today for our head of government to carry the title of prime minister, unlike Singapore, but the move to premier is still better than none, and it should not be the last move.

Sarawak’s birthright and status is of a sovereign nation from 1841, though its sovereignty was annexed by the British in 1946, and surrendered to the federation of Malaya renamed Malaysia in 1963, but the fact remains Sarawak’s national sovereignty is inviolable and sacrosanct which only awaits the will and determination of the Sarawak people for restoration and restitution.

The new Sarawak Premier must carry the mandate of the people with powers above the Chief Minister of the other nine Malayan states.  

In foreign relations and diplomacy, Sarawak premier must be addressed as His Excellency on the international stage as the head of our Sarawak government,” she said.

Soo noted that it was the administration led by the Premier of Western Australia and the Premier of Quebec who gave their people the right to vote to choose their future in independence referendums in 1933 and 1995 respectively, and these governments have set the standards for Sarawak to emulate.

On whether the political move was against the Malaysia Agreement, Soo reminded that the Sarawak Assembly is the Sarawak Parliament where Parliament means a lawmaking assembly with the power to make and amend laws, and as the amendment had been formalised in the Sarawak Assembly with more than two-thirds majority, the legislation is carried and constituted.

Soo cited Article VIII of the Malaysia Agreement which stipulates that the Governments of the Federation of Malaya, North Borneo and Sarawak will take such legislative, executive or other action as may be required to implement the assurances, undertakings, and recommendations contained in Chapter 3 of, and Annexes A and B to, the Report of the Inter-Governmental Committee signed on February 27,1963, in so far as they are not implemented by express provision of the Constitution of Malaysia.

She said any inconsistency between the Federal and Sarawak Constitutions can be regularised as per Malaysia Agreement, when the Sarawak Government had constituted and legislated in DUN first.

If the Sarawak government cannot legislate to right federal laws which are deemed unconstitutional to Sarawak, then Sarawak would be unable to reject the Petroleum Development Act 1974 and Territorial Sea Act 2012 which have robbed Sarawak of our oil resources and territorial integrity,” she stressed.

Soo called upon the Premier of Sarawak and government to table two motions to reject the Petroleum Development Act 1974 and Territorial Sea Act 2012, and powered by the Sarawak legislation to demand the federal government to amend both Acts to exclude Sarawak, in order to get back ownership and all economic rights over our oil and gas, and continental shelf.   

Its as simple as that,” she said.

Let this change of name for our head of government to Sarawak Premier not be just purely cosmetic but to herald a meaningful and purposeful  sequel for the people of Sarawak, to get back our oil, gas, taxes, marine fishes and sovereignty,” she concluded.