09-05-2025
Sabar granted leave to submit British documents in challenge against Territorial Sea Act
KOTA KINABALU (May 9): Sabah Action Body Advocating Rights (Sabar) obtained leave at a High Court here to produce 500 pages of documents from the British archives in its Originating Summons (OS) to challenge the Territorial Sea Act (TSA) 2012.
The said documents to be adduced are from the British archives on the colonial office correspondence leading up to and after the North Borneo Order in Council (Alteration of Boundaries) 1954 and North Borneo Order in Council (Definition of Boundaries) 1958.
Justice Alexander Siew How Wai who granted Sabar's (the plaintiff's) application on Friday, also fixed October 3 for further mention of case.
The sole defendant in this OS is the government of the Federation of Malaysia, had agreed and raised no objection to Sabar's application.
The plaintiff's OS is seeking from court a declaration that the Continental Shelf Act 1966 and Petroleum Mining Act 1966 is inapplicable, unconstitutional, invalid, null and void in the territory of Sabah after June 19, 2012;
The plaintiff further sought from court a declaration that the territory of Sabah, after the annulment of the Proclamation of Emergency of 1969 on June 19, 2012, includes the continental shelf under the North Borneo (Alteration of Boundaries) Order in Council 1954.
Apart from that, they also sought from court declarations that the Mining Ordinance 1960 is valid in Sabah after June 19, 2012;
They also sought a declaration that Section 3(3) Territorial Seas Act 2012 which limits the territorial waters of Sabah to three nautical miles is inapplicable, unconstitutional, invalid, null and void in Sabah as of June 22, 2012;
Finally, a declaration that the territorial waters of Sabah, after the annulment of the Proclamation of Emergency of 1969 on June 19, 2012, includes the 12 nautical miles of sea under the Convention on Territorial Seas and Contiguous Zone 1958 and North Borneo (Definition Of Boundaries) Order In Council 1958; cost and any further or other relief deems fit.
In September 2023, Sabar had filed the OS questioning the validity of the TSA 2012, which limits the State's maritime boundary to only three nautical miles.
Counsel Roland Cheng represented the plaintiff while Senior Federal Counsel Shamsul Bolhassan and Ahmad Hanir Hambaly @ Arwi acted for the defendant.
