Justice Alexander Siew will deliver decision on MA63 Suit tomorrow 5 May 2023 at 0900hrs in High Court Kuching. This is a Suit filed by 11 Sarawakians seeking inter alia the court to declare MA63 as null and void. Even if valid but due to fundamental breaches or past over 50 years, the Malaysia Agreement is void.

Our arguments inter alia was that Sabah Sarawak and Singapore (SSS) being still colonies had no legal capacity to sign the Agreement with UK as at the time of signing the Agreement, SSS being still colonies of UK had no legal capacity to sign the Agreement. We based our argument on the Chagos Islands case delivered by INTERNATIONAL COURT OF JUSTICE on 25 February 2019. The colonial Attorney General PEH Pike also opined/echoed the same.

We also argued that the High Court has jurisdiction to hear the suit on the grounds that this court existed even before Malaysia was formed .It was previously called High Court of Borneo which is now renamed High Court of Sabah and Sarawak only recently.

We also argued that Cobbold Commission Report was use to overcome United Nations General Assembly Resolution 1514 was a fraud. None of the members in the Cobbold Commission were able to understand the local dialects or languages of peoples of Sarawak. They were handpicked to give favourable Report to ensure Malaysia be formed. Without the Cobbold Commission Report there could not be a Malaysia Agreement being drafted to be signed by the parties.

The Philippines and Indonesia were against the formation of Malaysia because it didn't follow international rules. There was no referendum as required by international law for peoples of Sabah and Sarawak to decide their fate and the fate of their countries. The Borneo confrontation in 1963 - 1965 from Indonesia was because Indonesia was against Malaysia being formed illegally. This led to peace talk called Manila Accord in which Tunku promised to hold a referendum for Borneo people to decide their fate but this was not done until today. On these few grounds and legal points I was advised by law professors and some foreign lawyers that Malaysia was a fraud.

The 11 plaintiffs were aware of the formation of Malaysia was not constituted in accordance with international law then took up the Suit to sue the Sarawak and federal governments
The UK government had been served the court documents through the British High Commissioner in Kuala Lumpur but UK government did no response or appeared in court.

A few of the plaintiffs were harassed by the authorities when they fought against the unlawful formation of Malaysia. Being harassed they had no choice but went into hiding in the jungle. We know many nationalists had to leave Sarawak and self exiled themselves overseas. Ubong Anak Nuing among the few, was a great fighter for Sarawak be restored as an independent Nation. He took arms to defend himself as he was hunted by the authorities. I was advised under international law, a person who is hunted in defence of his country has a right to defend himself by taking up arms. This is under the rule to preservation of life. The Penal Code also allows self defence when under attack by persons with superior arms. Those who went into hiding were very poorly armed to protect themselves. There was unequally of fire power.

Ubong Anak Nuing , Wen Ming Qiun and Bong Kee Chok were branded as communists or terrorists because they took arms to fight for what they believe was their rights - the right to challenge the formation of Malaysia. They didn't with many others in SUPP want Malaysia be formed.

But history is written by the victors.

You may wish to attend the delivery of the decision by the learned Justice.

Yours sincerely & respectfully

Voon Lee Shan
Counsel for the Plaintiffs

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