KUCHING: Bintulu Port belongs to the state. Why? Because the Sarawak government has its own Port Authorities Ordinance 1961 for the establishment of all ports and harbours in the state.
Besides, the State Legislative Assembly (DUN) has neither relinquished its rights over Bintulu Port nor has it consented to its establishment, stated DUN Speaker Datuk Amar Mohamad Asfia Awang Nassar.
“Bintulu Port is ours. Yes, it has been declared a federal port. Therefore, we want to state our legal and constitutional position first,” he said in a press conference at the DUN complex, yesterday.
He reiterated that the ordinance has never been repealed and remains a good law.
“The Federal Transport Minister Anthony Loke seems to be puzzled by what Deputy Chief Minister Tan Sri Dr James Jemut Masing is saying on the Bintulu Port. Masing is asking him to look at the law.
“The position of Batu Lintang assemblyman See Chee How and Loke is that the Bintulu Port had been declared by the Parliament to be a federal port. So we state our position. The next step, we will see,” he said.
He added that the port is an interface between the land and the sea. With Sarawak being on an island with vast natural resources, the Bintulu Port is the state’s lifeblood and jugular.
“The importance of ports in Sarawak transcends beyond the polemic and dichotomy of who actually owns them.
“It is transparently clear who has jurisdiction over Bintulu Port,” he pointed out.
Citing Article 95B(1)(a) of Federal Constitution, he said, “In the case of the States of Sabah and Sarawak — (a) the supplement to List II set out in the North Schedule shall be deemed to form part of the State List, and the matters enumerated therein shall be deemed not to be included in the Federal List or Concurrent List.
“The Article must be read together with Article 76(1)(c) which reads, Parliament may take laws in respect to any matter enumerated in the State List, but only as follows, that is to say (c) if so requested by the Legislative Assembly of any State.”
Asfia also read Section 3(1) of the Port Authorities Ordinance 1961 which reads, “There shall be a Port Authority for every port specified in the First Schedule. Section 3(2) states the Governor in Council may, by order, amend the First Schedule, while Section 12(1) says, The Governor may appoint a Central Ports Board consisting of a chairman and such other members as he may think fit.
“And Section 12(3) says, The Governor may refer to the Central Ports Boards for its advice any matter relating to the policy or efficient operation of any port, or to the co-ordination of any two or more ports, or any other matter relating to any individual port or to ports in general.”
