The federal parliament can pass any law that affect the rights of Sabah and Sarawak even though the legislation could be unconstitutional. All legislations passed by Parliament are presumed constitutional until set aside by court or repealed by Parliament. What will happen if litigants have no resources to bring the matter to court to declare the law unconstitutional or the court may just differ in opinion of the aggrieved party?

It is for this reason, Sabah and Sarawak should be worried that Parliament can also pass law to take the immigration rights and other rights of Sabah and Sarawak or when PH becomes the government of the State, rights could be eroded.

Now, the Borneo States are infiltrated by too many foreigners by circumventing the law. This is done by providing these foreigners with identity card to make them citizens or permanent residents.

Parliament had passed the Petroleum Development Act 1974(PDA74) and legal experts opined that this was an unconstitutional piece of legislation because PDA74 has yet been ratified by Sabah and Sarawak. With PDA74, Petronas had been allowed to pump oil and gas in the territorial waters of Sabah and Sarawak. What can Sabah and Sarawak do? Bring the matter to court? The state government may not wish to do this because this will cause crack in federal state relationships. What will happen if Petronas refuses to obey the judgment of the court?

By Voon Lee Shan

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