KUCHING (Nov 4): The first reading of the Bill to amend the Federal Constitution with regard to the Malaysia Agreement 1963 (MA63), was finally heard yesterday, said Minister in the Prime Minister’s Department (Parliament and Law) Dato Sri Wan Junaidi Tuanku Jaafar.
“As a Sarawak-born Federal Minister, this is important for me. This Bill carries the hopes and aspirations of the people of Sabah and Sarawak. And because of that, I do not want to delay it anymore,” he said in a statement yesterday, adding that he will propose to the Dewan Rakyat to schedule the second reading in this session.
Wan Junaidi noted that this marks the beginning of a new chapter in the nation’s history, the first steps in restoring the fundamental rights and principles on which the federation was created.
“After several attempts and many years of hard work, this is, indeed, a watershed moment in the history of the Federation of Malaysia. More so, for the people of Sabah and Sarawak,” he said.
Wan Junaidi said this journey would not have been possible without the support and blessings of Prime Minister Dato’ Sri Ismail Sabri Yaakob.
He also thanked everyone involved including his Cabinet colleagues, past and present, for their commitment to see a fair, just and equitable outcome for the entire people of Malaysia.
Wan Junaidi said all the necessary groundwork for the initiative had been completed, including engagements with both government and opposition Members of Parliament, as well the Chief Ministers of Sabah and Sarawak.
The tabling of the Bill was supposed to have taken place on October 26. It had to be rescheduled because the Cabinet wanted to be briefed by the Attorney-General on the amendments. The Cabinet later unanimously endorsed the proposed amendments.
The Special Council on Malaysia Agreement 1963 (MKMA63), chaired by Prime Minister Dato’ Sri Ismail Sabri Yaakob, had agreed to the proposals submitted by Wan Junaidi to redefine some provisions in the Federal Constitution, within the context of the Malaysia Agreement 1963.
The proposed amendment to Article 1(2) would restore the Article to its original arrangement as it appeared in the Federal Constitution of 1963. In the proposed amendment, ‘States of the Federation’ is defined as the States of Malaya (namely, states in Peninsular Malaysia), and the Borneo states (namely, Sabah and Sarawak).
Wan Junaidi also proposed amendments to Article 160 (2) to include “Malaysia Day” as September 16, 1963, which is the date of the formation of Malaysia, marking the end of the Queen of England’s sovereignty over Sabah (North Borneo as it was then called) and Sarawak, and the end of British rule over the two territories. Currently, there is no mention of Malaysia Day, or Hari Malaysia, in the Federal Constitution.
The other amendment to Article 160(2) on the interpretation of “the Federation” as “the Federation that was first established under the Federation of Malaya Agreement 1957 and further pursuant to an Agreement concluded on July 9, 1963 between the United Kingdom of Great Britain and Northern Ireland, the Federation of Malaya, North Borneo, Sarawak and the State of Singapore federated with the existing States of the Federation of Malaya as the States of Sabah, Sarawak and Singapore in accordance with the constitutional instruments annexed thereto but under and by virtue of the Agreement relating to the separation of Singapore from Malaysia as an independent State dated August 7, 1965, Singapore has ceased to be a State of Malaysia” , to complement the amendment of Article 1(2) of the Federal Constitution.
Wan Junaidi said restoring Article 1(2) to its original arrangement is not enough, and it must be complemented with the amendment of Article 160(2), in order to give due recognition to the Malaysia Agreement 1963 in the Federal Constitution.
“These are among the low-hanging fruits that we are focusing on right now,” he added.
Other amendments that he proposed include the amendment to the definition of “natives” of Sarawak under Article 161A of the Federal Constitution. The amendments to Article 161A will grant the status of a “native” to the offspring of a native of Sarawak who is married to a non-native.
“With this amendment, the power to decide which race in Sarawak shall be recognised as being indigenous to the state, shall be determined by the State, through State laws,” he said.
from Borneo Post Online https://bit.ly/3wloQz9
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