KUCHING: The 1954 Order in Council unequivocally expanded Sarawak’s boundaries to encompass the seabed and subsoil of its continental shelf.
Gabungan Parti Sarawak (GPS) chief whip and Satok assemblyman Datuk Ibrahim Baki affirmed that this extended submerged area was designated as “Crown land,” vested in Sarawak by the British Monarch on Malaysia Day.
This transfer was formalised through one of the constitutional instruments annexed to the Malaysia Agreement 1963 (MA63) under Article III.
“These extended submerged areas in the Continental Shelf were never vested by the British Crown in the Federation or the Federal Government,” he said in a statement today (Nov 23).
Ibrahim further clarified that Malaysia’s claim to sovereignty over the Continental Shelf under UNCLOS 1982 does not diminish Sarawak’s rights and authority over its territory.
“This is explicitly stated in the definition of ‘continental shelf’ within the Continental Shelf Act, 1966, as amended in 2009,” he said.
Ibrahim’s comments directly counter former law minister Datuk Mohd Zaid Ibrahim’s recent assertion that Sarawak’s stance on its expanded territorial boundaries before Malaysia’s formation was rooted in a ‘misunderstanding of maritime law.’
Zaid had argued that Sarawak seemed to conflate the concepts of “exploitation rights” and “the geological boundary of a state’s territory.”
The term “Crown land” denotes land owned by a sovereign government, like a monarchy. In Sarawak’s context, the continental shelf, including its seabed and subsoil, was considered British property before being transferred to Sarawak during Malaysia’s formation under MA63.Ibrahi
m underscored that Sarawakians seek a fair resolution to their legitimate claims over petroleum resources.
“This includes a fair and equitable share of natural gas for local industries and greater participation in both upstream and downstream oil and gas operations.”
“Sarawak’s contributions and sacrifices towards the national economic well-being should not be overlooked. More importantly, Sarawakians want all laws safeguarding Sarawak’s territory and its rights to petroleum resources and the downstream oil and gas industry to be respected and adhered to by all parties operating in Sarawak,” he added.
In June, Deputy Minister in the Premier’s Department (Law, MA63, and Federal-State Relations) Datuk Sharifah Hasidah Sayeed Aman confirmed that the Sarawak (Alteration of Boundaries) Order in Council of 1954 extended Sarawak’s boundaries to include the seabed and subsoil forming the continental shelf beneath the high seas.
She said that Sarawak’s rights over the continental shelf, territorial boundaries, waters, and stamp duties are firmly rooted in clear constitutional provisions and relevant federal and state laws, leaving no room for misinterpretation.“Article 1(3) of the Federal Constitution stipulates that Sarawak’s territ
ory shall remain as it was on Malaysia Day. This territory includes the seabed and subsoil of the continental shelf off Sarawak’s coast,” she said.
She further noted that under the Sarawak Land Code, a pre-Malaysia law whose validity persists under Section 73 of the Malaysia Act 1963, the seabed and subsoil within the extended boundaries defined by the Order in Council are classified as state land.
