Press statement By Parti Bumi Kenyalang 5 July 2019
What is seditious is not defined in the Sedition Act 1948 and therefore, what is seditious is very subjective. We have to be guided by decided cases.
With all humility, as the law now stands of which I stand guided and be corrected, there is no decided case in Malaysia to say that talking or speaking about independence or cessation is seditious or is against the law.
Many legal experts opined that Sedition Act 1948 is only applicable to seditions or seditious materials against own country. Sabah and Sarawak are countries of their own right before they became part of Malaya.
The issue now is that, is Malaysia a country? It is clear that nothing is mentioned in the federal constitution to say that Malaysia is country. The federal constitution only says Malaysia is a federation comprising Sabah and Sarawak and states of malaya.
Sarawakians and sabahans have dignity and to say Sabah and Sarawak, the lands where they were born, lived and die is a state of Malaya or Malaysia is not acceptable to them. This is because Sabah and Sarawak were once countries with equal status with malaya when they were acquired by malaya to enlarge the territory of malaya.
It is also an unacceptable fact for malaya to claim that Sabah and Sarawak were acquired as part of malaya with malaya taking a new name, Malaysia after 16th September 1963. The change of name of Malaya to Malaysia is recorded in the United Nations Juridical Yearbook 1963.
Coming back to what Dr. Mahathir said, I am here to say eventhough there is no provision under the Federal Constitution, the Malaysia Agreement 1963 or the Inter-Governmental Committee Report that touched on any rights by Sabah and Sarawak to secede from Malaysia there is nothing in the federal constitution, being the supreme law of the land, to prohibit Sabah and Sarawak to seek exit from the federation of Malaysia. When nothing is prohibited by law, it is a principle of law anything done not prohibited by law is legal.
Again under International law, there is intrinsic right for colonies or a region of a country to break away from the parent country or region if they are subjected political suppression, oppression and domination by the parent country or region. They have a right to seek independence under International law if economic and political differences could not be resolved with the parent region or parent country.
Lord Lansdowne the Chairman of Inter Governmental Committee had said exit clause is not necessary because the right to enter into the federation comes with the right to exit at anytime. There is no need to seek permission to exit if differences could not be resolved.
Singapore kicked out itself from the federation of Malaysia in 1965 on these grounds.
From VOON LEE SHAN
President Parti Bumi Kenyalang