There are eleven plaintiffs in this MA63 Suit which was filed in November, 2021. They named the governments of the United Kingdom, the federation of Malaysia and Sarawak as defendants.
The plaintiffs are seeking among other matters, the court to determine the validity of the Malaysia Agreement 1963 (“MA63”). The MA63 was used by the United Kingdom after secret talks or arrangements with Tunku Abdul Rahman or Malaya to hand over Singapore, Sabah and Sarawak, which at that time, were colonies of the United Kingdom to the federation of Malaya. These British colonies were offically handed to the Federation of Malaya on 16 September, 1963.
Sarawak was never been granted independence before the federation of Malaysia was formed.
Without this MA63, the federation of Malaysia could not be formed.
Concerning this MA63 Suit, a letter had been delivered to the Sarawak Advocates Association (SAA) and also been emailed to the Sabah Law Society (“SLS”) by me recently, requesting them to seek leave from court to hold a watching brief of the proceedings of this suit before the honourable court. It is up to them whether they wish to do so or not.
The reason to request them to seek leave for holding brief of the proceedings of this MA63 Suit, is because this MA63 Suit is unique and is perhaps the only case in the world where litigants or citizens sought the court to determine the legality of the formation and existence of a nation. Therefore, this suit before the court is of public interest that can affect the life and right of more than thirty million Malaysians and the life of the federation of Malaysia, in the event the court makes decision in favour of the plaintiffs.
The purpose of holding a watching brief is to observe the proceedings before the court to ensure that their rights or rights or public is protected.
It is known that the issues arising from this MA63 Suit would be very complex and should draw much interest among Malaysians, academicians and legal brains in the world.
This MA63 Suit may touch on rights to marine wealth and rights to oil and gas of Sabah and Sarawak under the Petroleum Development Act 1974, Sea Territorial Act 2012 and Continental Shelf Act 1966.
The governments of Malaysia and Sarawak are seeking to strike out the plaintiffs’ case.
VOON LEE SHAN
President, Parti Bumi Kenyalang,
31 May, 2022