By DayakDaily Team
KUCHING, June 16: Kota Sentosa assemblyman Wilfred Yap has called on politicians from Malaya-based political parties to educate themselves on the Borneo States (Legislative Powers) Order 1963, the Malaysia Agreement 1963 (MA63), and the Federal Constitution when it comes to Sarawak’s legislative rights.
In a press release, Yap expressed concern that these politicians continue to misrepresent Sarawak’s rightful constitutional position as one of the founding partners of Malaysia, while ignoring the historical context, legal safeguards, and unique constitutional status accorded to Sarawak upon Malaysia’s formation.
“Politicians—particularly those serving in the federal government—must uphold the Third and Fourth Principles of the Rukun Negara: Keluhuran Perlembagaan (Supremacy of the Constitution) and Kedaulatan Undang-undang (Rule of Law).
“These principles require all Malaysians, especially leaders, to respect the constitutional framework that guarantees Sarawak’s special status and legislative autonomy,” he said.
Yap added that Sarawak is not merely one of the states in Malaysia, but an equal founding partner with its own distinct constitutional arrangements.
“Our State Legislative Assembly (Dewan Undangan Negeri Sarawak) retains wider powers under the State List, including in matters of natural resources, land, licensing, and oil and gas—areas which are not under the control of the federal legislature.
“The Borneo States (Legislative Powers) Order 1963, enacted under the Malaysia Act 1963 by the British Government with the consent of Sarawak and Sabah, amended the Federal Constitution to expand the legislative competence of the Borneo States.
“This Order is a key constitutional instrument that grants Sarawak greater autonomy in law-making, particularly in relation to land, forests, mining, oil and gas, and the granting of licences related to these sectors.
“This means that Sarawak holds legislative authority over licensing for activities related to its own natural resources, including petroleum operations,” he said.
Additionally, he stated that Article 161 of the Federal Constitution provides further protection by preserving laws that were in force in Sarawak prior to Malaysia Day on September 16, 1963, including laws related to land, natural resources, native customs, and religion.
He said these pre-Malaysia Day laws remain valid unless and until repealed by the Sarawak legislature, not by the federal Parliament.
This ensures that Sarawak’s legal traditions and safeguards, including those affecting the oil and gas sector, continue to have constitutional force.
“The ongoing relevance of both the Borneo States Order and Article 161 cannot be overstated. They serve as critical constitutional safeguards protecting Sarawak’s sovereign rights, particularly in sectors vital to our economic development, such as oil and gas.
“Any attempt to override Sarawak’s licensing authority or regulatory powers in these areas runs contrary to the Constitution and the spirit of MA63.
“In conclusion, I call on all Sarawakians to remain united and vigilant in defending our constitutional rights. We must reject any narrative or policy that diminishes our status or centralises control over resources that constitutionally belong to Sarawak.
“The federal government must honour MA63 not only in word but in action and respect the legal instruments—including the Borneo States (Legislative Powers) Order 1963 and Article 161—that define Sarawak’s rightful place as an equal partner in the Malaysian Federation,” he said. — DayakDaily
