Batu Kitang rep to former minister: S’wak has legal ownership on oil wells under MA63, federal laws irrelevant without DUN approval
Lo Khere Chiang
By Shikin Louis
KUCHING, Sept 12: Sarawak has legal ownership of the oil wells found in its seabed under the Malaysia Agreement 1963 (MA63), which is entrenched in the Federal Constitution, says Batu Kitang assemblyman Lo Khere Chiang.
He was responding to former federal minister Dato Zaid Ibrahim’s statement dated August 23, who argued that Sarawak is a signatory to the Petroleum Development Act 1974 (PDA74) and bound to the Territorial Sea Act 2012 (TSA2012) and thus, he concluded that the six oil wells found within Malaysia’s Exclusive Economic Zone (EEZ) should automatically belong to the federal government, citing a case between the Australian government and the state of Victoria.
Following this, Lo stressed that Sarawak has dominion, meaning legal ownership, economic and property rights of its oil, gas and other minerals in its continental shelf as a coastal state under the Oil Mining Ordinance 1958 (OMO58).
“The OMO58 was not repealed by PDA74, and therefore, as an equal partner (in Malaysia), we have dominion rights in the EEZ.
“On top of that, Petroleum Sarawak Berhad (Petros) signed a commercial agreement with Petroliam Nasional Berhad (Petronas) on a 50-50 basis for any oil found within Sarawak waters, thanks to our Premier Datuk Patinggi Tan Sri Abang Johari Tun Openg.
“The federal has imperium rights in the EEZ, meaning political and administrative rights. It is the duty of the federal government to protect and monitor the EEZ in terms of safety regulations.
“Imperium rights may give the federal government the right to collect taxes, but it does not give them the right to own the natural resources.
“Similarly, a mining company is only given the right to mine our oil. It is not given the right to own our oil. That ownership will forever be Sarawak’s dominion right,” Lo explained in a statement today.
Lo further clarified that Australia’s decisions over its dominion and imperium rights do not mean it is the same worldwide.
“Zaid is definitely giving the wrong impression that resources in EEZ belong to the Commonwealth in Australia. The giant crab industry in EEZ Victoria, for example, is managed solely by the state of Victoria itself.
“Sarawak was poor and underdeveloped, but it was asked to give 95 per cent of its oil wealth up to get only five per cent back for almost 50 consecutive years. That is not sharing. That is ‘rampas’ (seizure),” he added.
Lo further said that the PDA74 and TSA2012 were not approved by the Sarawak State Assembly and, therefore, they could not be implemented or supersede the State laws. — DayakDaily
Lo: Vital for S’wak, Sabah to work together to secure strong Parliament representation
Lo waves to the crowd as the convoy returns to Lee Ling Height. – Photo by Galileo Petingi
KUCHING (Sept 18): It is important that Sarawak and Sabah work together to secure one-third East Malaysian representation in Parliament, says Batu Kitang assemblyman Lo Khere Chiang.
He said only by doing so would the rights of both Borneo regions be safeguarded.
“Both Sarawak and Sabah must have one-third of representation in the Parliament. How? Both the states need to have a solid cooperation with each other.
“Only then our leaders can discuss with those from Peninsular Malaysia on defending our rights,” he said when officiating at the Kuching Division ‘Ziarah Ukas’ programme at Lee Ling Height, Mile 6 here yesterday.
Lo also stressed the importance of maintaining a strong government to effectively manage and protect the state’s wealth.
“If our government is weak, we will not be able to defend Sarawak’s wealth. Thankfully, our state government under Gabungan Parti Sarawak is very strong.
“When I met some of my Sabahan friends, the mere mention of Sarawak already made them jealous of us, which is why I call on both the states to cooperate together in defending our rights,” he added.
The ‘Ziarah Ukas’ programme saw 60 motorcycles – led by Lo – travel in a convoy from Lee Ling Height to Mile 10 Kota Padawan and back to the starting venue.
The event also featured activities such as colouring contests, karaoke contest and e-sport.
Also present were Padawan Municipal Council chairman Tan Kai and Senator Dato Ahmad Ibrahim.
KUCHING: Batu Kitang Assemblyman Lo Khere Chiang chided former Democratic Action Party (DAP) member Zaid Ibrahim’s arrogant statement regarding the six oil wells discovered in Sarawak and his call for elected representatives from Tanah Melayu to wake up and prevent Sarawak from escaping with its latest claim.
Lo reminded Zaid that the aforementioned oil wells were found in Sarawak’s seabeds, not in Malaya’s, and they belong to the Sarawakians.
“He should not forget that our interests are safeguarded by the incorporation of the Malaysia Agreement 1963, an International Treaty registered with the United Nations. These provisions are entrenched in the Federal constitution, ensuring that Sarawak’s sovereign rights to its natural resources are well protected within the supreme documents. Therefore, I am surprised that an established lawyer is not well versed in the Federal constitution and the laws of Sarawak that are still applicable after Malaysia Day,” he said in a statement today.
Following this, Lo explained that Sarawak has dominion over the Exclusive Economic Zone (EEZ), meaning it holds legal ownership, economic, and property rights to its oil, gas, and other minerals in its Continental Shelf as a coastal state under the Oil Mining Ordinance (OMO) 1958.
“Therefore, Sarawak has rights to the EEZ under the signed agreements. Sarawak joined Malaysia as an equal partner. The OMO 1958 was not repealed by the Petroleum Development Act 1974 (PDA74), and therefore as an equal partner, we have dominion rights in the EEZ. Additionally, Petros signed a commercial agreement with Petronas on a 50-50 basis for any oil found within Sarawak waters, thanks to our Premier,” he said.
He also pointed out that the Federal Government has imperium rights in the EEZ, which include political and administrative rights. It is the duty of the Federal Government to protect and monitor the EEZ in terms of safety regulations.
“Imperium rights may give the Federal Government the right to collect taxes, but it does not give them the right to own the natural resources. A mining company is only given the right to extract our oil. It is not given the right to own our oil. That ownership will forever belong to Sarawak. Australia’s decisions regarding its dominion and imperium rights do not apply universally. Zaid is definitely giving the wrong impression that resources in the EEZ belong to the Commonwealth in Australia,” he stressed.
Lo noted that despite Sarawak being poor and still underdeveloped, the state was asked to relinquish 95 percent of its oil wealth and receive only 5 percent in return for almost 50 consecutive years.
“That is not sharing; that is ‘rampas.’ The grossly unfair Federal to Sarawak 95:5 ratio on our oil resources gives Malaya the illusion that it ‘owns’ Sarawak’s natural resources. The law in Sarawak clearly establishes ownership of natural resources. In 1976, the Federal Government had to come up with an alternative plan to gain control over Sabah and Sarawak’s oil. They devised a plan to ask Chief Ministers to sign agreements under PDA74, stating their agreement to the 95:5 ratio. Our then Chief Minister, the late Tun Abdul Rahman Yakub, was asked to sign such an agreement without the legitimate approval of the Sarawak State Assembly, in exchange for a meager annual 5 percent ‘cash consideration.’ The Chief Minister of Sabah at the time was the late Tun Fuad Stephens,” he further explained.
He further clarified that the approval of the Council Negeri is imperative, and PDA1974 does not have the approval of the highest law-making body in the state. Furthermore, as of now, the Territorial Sea Act (TSA) 2012 has yet to be approved by the State Legislative Assembly.
“I fully support Muara Tuang assemblyman Datuk Idris Buang, who called on Zaid to respect the law. Idris pointed out that PDA 1974 was never intended to surrender Sarawak’s sovereignty over its natural resources, particularly oil, gas, or other related minerals, to the Federal Government, as PDA74 is subservient and subordinate to the Federal Constitution. Before Zaid makes further claims on Sarawak’s rich resources, he should refer back to the Commercial Arrangement Agreement circa 2020 with Petronas, which was a mutual arrangement to establish a win-win situation for all parties and not disrupt the oil and gas industry, as Petronas is already established in Sarawak,” he said.
Lo added that together with the collection of over RM 8 billion from SST on petroleum products every three years, this should help bolster Sarawak’s finances.
“This is all due to the hard work and efforts of our Premier. We are not greedy, and we consider the well-being ofthe entire nation, but it is only fair that Sarawak receives its rightful share of its own resources.
“Every year RM80 billion has been siphoned from Sarawak and together with Sabah, we contribute 60 per cent of the country’s oil but the federal government has been using our natural resources for the economic benefits of Malaya.
“The Borneo states have been left poor for the last 50 years with no major highway, no basic facilities in rural areas and with dilapidated schools and hospitals.”
He further pointed out that Malaya has many towering buildings, excellent roads, mass transit railways and even formula one tracks.
“Malaya has been enjoying their North-South highway and railway network since the 1990s while our Pan Borneo Highway has taken 30 years to build and is still not finished but hopefully, one day we will be able to build just one good railway network in Sarawak.
“Our own anak Sarawak have to study in dilapidated schools and Sarawakians have to put up with overcrowded situations in hospitals.
“Zaid should come to Sarawak, go to the rural areas and experience the poor facilities before telling Sarawakians that our own resources do not belong to us.
“Elite Malayans should live simply so others in Sarawak can simply live! I hope that all Sarawakians know our history to protect what belongs to us and not let arrogant Malayans walk all over us.”
Batu Kitang rep to former minister: S’wak has legal ownership on oil wells under MA63, federal laws irrelevant without DUN approval
Lo Khere Chiang
By Shikin Louis
KUCHING, Sept 12: Sarawak has legal ownership of the oil wells found in its seabed under the Malaysia Agreement 1963 (MA63), which is entrenched in the Federal Constitution, says Batu Kitang assemblyman Lo Khere Chiang.
He was responding to former federal minister Dato Zaid Ibrahim’s statement dated August 23, who argued that Sarawak is a signatory to the Petroleum Development Act 1974 (PDA74) and bound to the Territorial Sea Act 2012 (TSA2012) and thus, he concluded that the six oil wells found within Malaysia’s Exclusive Economic Zone (EEZ) should automatically belong to the federal government, citing a case between the Australian government and the state of Victoria.
Following this, Lo stressed that Sarawak has dominion, meaning legal ownership, economic and property rights of its oil, gas and other minerals in its continental shelf as a coastal state under the Oil Mining Ordinance 1958 (OMO58).
“The OMO58 was not repealed by PDA74, and therefore, as an equal partner (in Malaysia), we have dominion rights in the EEZ.
“On top of that, Petroleum Sarawak Berhad (Petros) signed a commercial agreement with Petroliam Nasional Berhad (Petronas) on a 50-50 basis for any oil found within Sarawak waters, thanks to our Premier Datuk Patinggi Tan Sri Abang Johari Tun Openg.
“The federal has imperium rights in the EEZ, meaning political and administrative rights. It is the duty of the federal government to protect and monitor the EEZ in terms of safety regulations.
“Imperium rights may give the federal government the right to collect taxes, but it does not give them the right to own the natural resources.
“Similarly, a mining company is only given the right to mine our oil. It is not given the right to own our oil. That ownership will forever be Sarawak’s dominion right,” Lo explained in a statement today.
Lo further clarified that Australia’s decisions over its dominion and imperium rights do not mean it is the same worldwide.
“Zaid is definitely giving the wrong impression that resources in EEZ belong to the Commonwealth in Australia. The giant crab industry in EEZ Victoria, for example, is managed solely by the state of Victoria itself.
“Sarawak was poor and underdeveloped, but it was asked to give 95 per cent of its oil wealth up to get only five per cent back for almost 50 consecutive years. That is not sharing. That is ‘rampas’ (seizure),” he added.
Lo further said that the PDA74 and TSA2012 were not approved by the Sarawak State Assembly and, therefore, they could not be implemented or supersede the State laws. — DayakDaily
Ten teams awarded master chef title at ‘Olympics’ of Cantonese Cuisine in Kuching
KUCHING (Sept 7): Ten teams with the highest marks overall in the 4th World Master Chefs Competition for Cantonese Cuisine here were awarded the title of master chef during the closing ceremony last night.
The top 20 per cent of the 30 international teams, each comprising a chef and an assistant, with the highest marks were awarded gold medals, while the next 30 per cent received silver medals, and the remaining teams took home bronze medals.
Event organising chairman and Persatuan Tukang Masak How Yu Kuching chairman master chef Goh Ah Seng, who is Hoi Tin Lau restaurant founder, was inducted by the World Master Chefs Association for Cantonese Cuisine into the Hall of Fame for Cantonese Cuisine.
The two-day event at Aeroville Mall here was filled with cooking demonstrations, forums, and top tier competitions.
Batu Kitang assemblyman Lo Khere Chiang said having the international competition in Kuching demonstrated the rise of local culinary standards.
“Without a doubt, Cantonese cuisine is well-known in Malaysia and its history here can be traced back to over 100 years.
“Our Cantonese cuisine is also much loved by both the Chinese community and foreign tourists,” said Lo, who represented Tourism, Creative Industry and Performing Arts Minister Dato Sri Abdul Karim Rahman Hamzah at the closing ceremony.
Goh thanked all sponsors and partners for the success of the culinary competition, which attracted over 500 participants and observers from 30 countries and regions.
The two-day competition was jointly organised by Persatuan Tukang Masak How Yu Kuching and World Master Chefs Association for Cantonese Cuisine, as well as supported by the Ministry of Tourism, Creative Industry and Performing Arts.
Among those present for the closing ceremony were Lee Onn Group managing director Datuk Tan Guek Kee, World Master Chefs Association for Cantonese Cuisine chairman Yeung Wai Sing, and founding chairman Liang Jik Tong.
