KUCHING: Reform Party Sarawak (STAR) president Lina Soo is urging the State Government not to attend the Federal Court hearing in Kuala Lumpur should the case proceed.
The Federal Court hearing on the application by Petronas is to be held today (June 12).
The suit was filed by Petronas on June 4, 2018 to seek declaration that Petronas is the absolute owner of the State’s oil and gas resources.
“It is absurd and ill-advised for some lawyers to say that the State Government must go to court to get a declaration on the Petroleum Development Act (PDA) 1974 as the action itself is tantamount to giving validity to an unconstitutional Act,” she said in an interview here yesterday.
She added that Petronas was setting a trap for the State. Therefore, it was for Petronas to prove their case in court as with what they asserted and they must prove beyond any doubt.
“The State Government, especially Chief Minister Datuk Patinggi (Dr) Abang Johari Tun Openg is on the right track for keeping silent on the matter,” she said and calling on all Sarawakians to support the State Government.
“We will just have to wait and see if the case proceeds. If it does, don’t worry. We have our resources safeguarded under the Malaysia Agreement 1963 (MA63), Constitution of the State of Sarawak and Federal Constitution,” she said, adding that MA63 was the only weapon to gain back the State’s rights.
Soo explained that should the hearing be discontinued, the State Government must immediately reject PDA 1974 during the State Legislative Assembly (DUN) sitting next month.
On the former Chief Ministers of Sarawak, Tun Datuk Patinggi Abdul Rahman Ya’kub and Tun Pehin Sri Abdul Taib Mahmud, she stressed, “They may have signed away our oil rights, but it was done without the mandate of the Sarawak Government by way of resolution in DUN.”
Therefore, she said that Sarawak was not bound by PDA 1974.
Soo explained that without the constitutional process to be applied in accordance with Article 2(1) and Article 76(3)(4) of the Federal Constitution, the actions of such politicians never bound upon the State.
“Article 76(3) states: a law made in pursuance of Paragraph (b) or Paragraph (c) of Clause (1) shall not come into operation in any State until it has been adopted by a law made by the Legislative of that State, and shall then be deemed to be a State law and not a federal law, and may accordingly be amended or repealed by a law made by that Legislative,” she quoted from the Federal Constitution.
She said that therefore no purported vesting of those resources in Petronas can have any validity or force of law.
“We also want the State Government to file a counter-claim for loss and damages to be assessed based upon the value of the exports from the first day Petronas entered Sarawak.
“PDA 1974 is a blatant breach of MA63, a multi-lateral international agreement and constitutional document for the formation of the Federation of Malaysia which began in London,” said the STAR president.
Soo emphasised that the directions should be sought from the Queen’s Counsel with competency and specialist knowledge of Constitutional Law, Public International Law and Federalism.
“Should there be no satisfactory solution, the Sarawak Government is urged to retrace its steps back to where it all began,” she urged.
