The rule is clear. Before Malaysia was formed there was no Petroleum Development Act 1974 (PDA74) but there was Oil and Mining Ordinance 1958 (OMO58) and definitely during pre-Malaysia, OMO58 gave Sarawak the exclusive rights to regulate and control the oil and gas resources of Sarawak.

After Malaysia was formed, PDA 74 was passed by federal parliament to take and vest Sarawak’s oil and gas resources in the hands of PETRONAS. It matters not whether PDA74 was passed during emergencies and Emergency Ordinance had been removed or lifted or that the Internal Security Act 1960 been repealed, but what matters is that PDA 74 is still there to vest oil and gas resources in the hands of PETRONAS.

It is irrelevant whether or not PDA74 was drafted in secret or was passed with or without the approval or consent of Sarawak Legislature or the then chief minister Tun Rahman Yakub, could have by trick, coercion or otherwise on freewill, signed the oil and gas resources away during “strange times”, but, the fact is clear that PDA74 as it is now, gives the full authority in perpetuity to take these resources away.

The Internal Security Act (ISA) of 1960, Act No. 82 had nothing to do with oil and gas resources as argued by some lawyers, but it was an Act enacted in Malaysia on August 1, 1960 to seal the mouths of dissents and to address internal security threats, including preventing subversion, suppressing organized violence, and providing for preventive detention. After this Internal Security Act was repealed we are more comfortable to speak about issues affecting Sarawak rights and to expose many de-classifed documents concerning our rights to Sarawak’s property. As Sarawakians, we all have rights to our oil and gas which we lost since PDA74 was passed by the federal parliament. 

We also know the intention or purpose of PDA74 and we also know that PDA74 could likely be unconstitutional, but it is still a good law until repealed by Parliament or declared by a competent court that it's unconstitutional.

It matters not whether PDA74 was passed by Parliament during emergency and emergency has been lifted, but, the PDA74 law is still there.

Therefore, the Sarawak GPS government could not rely on OMO58 to claim any right of ownership to oil and gas resources because of the clear provision of Article 75 federal constitution states that - “if any State law is inconsistent with a federal law, the federal law shall prevail and the State law shall, to the extent of the inconsistency, be void.”

Therefore, Article 75 federal constitution is clear that when there is a conflict between state law with an Act of Parliament, the Act of Parliament takes overrides state law.

Oil and Mining Ordinance 1958 is a state law passed by Sarawak Legislature before Malaysia formed while the Petroleum Development Act 1974 was passed by the Malaysian parliament after Malaysia was formed on 16 September, 1963.

It is now the obligation of the GPS government to seek federal parliament or the prime minister to repeal PDA74 and other relevant Acts of Parliament so that Sarawak and Sabah could take back their oil and gas resources and should no more play politics about this Sarawak rights by leaving PA74 to become an enforceable law to vest Sarawak’s oil and gas in the hands of PETRONAS.

The right of ownership to these resources could not be restored just because the Emergency Ordinance had been lifted and the Internal Security Act 1960 been repealed. The right of ownership to these resources could not be justified just because of OMO58 unless PDA74 is repealed.

Why still not wish to believe the TRUTH but still choose to believe the untruth.

The TRUTH is, oil and gas pumped by PETRONAS from Sarawak was God’s given gift to Sarawak, not to PETRONAS or the federal government or Malaya and why GPS government still don’t believe this and still seems reluctant to take everything that is in the hands of PETRONAS back for Sarawak??

Some have suggest to bring a suit to court to declare PDA74 unconstitutional. This should not be the strategy because we know the out come even before the court can hear the case.

We know PDA74 could be unconstitutional but it is still good law unless repealed or ruled unconstitutional by a court of competent jurisdiction.

Article 75 of the Malaysian Federal Constitution states that if a state law conflicts with a federal law, the federal law prevails, and the state law is void to the extent of the conflict.

State law cannot override Acts of Parliament.

If state law can coexist in harmony or be parallel with national law or Acts of Parliament as argued by some lawyers or state politicians, then it would not be difficult for State Assembly to pass laws to bypass parliament and kick Malaya out now from interfering with Sarawak matters.

Oil and gas money is the lifeline for the federal government and Malaya. Take this lifeline away, there could be doubt the federal government or Malaysia and Malaya will survive.

VOON LEE SHAN
President,
Parti Bumi Kenyalang