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By Lian Cheng
KUCHING, May 20: As there is no provision regarding spectrum under the Ninth Schedule, Sarawak has the power to make laws on it, says Satok assemblyman Datuk Ibrahim Baki (GPS-PBB).
Citing Article 77 of the Federal Constitution, he stressed that contrary to the argument of Padungan assemblyman Chong Chieng Jen (PH-DAP), the Sarawak Legislature has the ground to make laws regulating the spectrum.
He said to make sure that the tabling of the Land Code (Amendment) Bill 2022 is constitutional, the Sarawak government had firstly aligned the Sarawak Land Code as per the National Land Code.
“Secondly, yes, there is no provision regarding spectrum under the Ninth Schedule either on the Federal, State or Concurrent List. So, if there is no provision, it is residual (as stipulated) under Article 77 of the Federal Constitution, which reads — ‘The Legislature of a State shall have power to make laws with respect to any matter not enumerated in any of the Lists set out in the Ninth Schedule, not being a matter in respect of which Parliament has the power to make laws’.
“This provision shows that the State Legislature has constitutional and competent authority to legislate on this. The Member for Padungan is clearly confused or trying to play to the gallery as the amendment relates to the Sarawak Land Code, inter alia on the definition of land, which is an item under our State List.
“Kita bukan mahu tambah-tambah (we are not asking for more than what is ours); we just want what’s ours,” said Ibrahim when debating on the Governor’s Address at the Sarawak Legislative Assembly (DUN) sitting yesterday.
On Chong’s perceived disagreement with the Land Code (Amendment) Bill 2022 tabled by Deputy Minister in the Sarawak Premier’s Department (Law, MA63 and State-Federal Relations) Datuk Sharifah Hasidah Sayeed Aman Ghazali to enable the Sarawak government’s control over the airspace above the land, carbon emissions, and its monetisation on Wednesday (May 18), the first-term assemblyman alleged that Chong just did not want to be on Sarawak-made boat.
“Either he is not the initiator for a good cause, so he can’t score political points, or his hands are tight as he is subject to his Semenanjung party whip; he has to listen to his Malaya boss. That’s why he stays in Malaya-made boat.
“In summary, the rakyat know they want a leader that is going to fight for the State and not just concede to the whips of his Malaya party. For us, clear and without ambiguity, we are protecting Sarawak’s interests as per MA63 (Malaysia Agreement 1963); nothing more, nothing less,” said the first-term assemblyman.
Noting Chong’s scepticism on the Bill, he reaffirmed the government’s good intentions and initiative in tabling the Land Code (Amendment ) Bill, which aimed to enhance, reinforce and make clear Sarawak’s sovereignty rights by redefining its Land Code by aligning it with the National Land Code, particularly on the subject on the inclusion of the column of airspace above the surface, specifically the spectrum.
“The Honourable Member for Padungan is either confused or trying to confuse us. How and where are we being unconstitutional when we are asserting our sovereignty rights as per MA63?” he asked. — DayakDaily