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Court ‘yes' to Sabar's request for additional documents in Territorial Sea Act case
Court ‘yes' to Sabar's request for additional documents in Territorial Sea Act case

Daily Express

time10-05-2025

  • Politics
  • Daily Express

Court ‘yes' to Sabar's request for additional documents in Territorial Sea Act case

Published on: Saturday, May 10, 2025 Published on: Sat, May 10, 2025 By: Jo Ann Mool Text Size: 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; Kota Kinabalu: The High Court here on Friday granted leave to the Sabah Action Body Advocating Rights' (Sabar) to produce additional documents in its action in challenging the Territorial Sea Act (TSA) 2012. Judge Alexander Siew How Wai in its ruling granted the plaintiff's application to seek leave to adduce additional 500 pages of documents 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. In September 2023, the originating summons was filed by Sabar's chairman Datuk Dr Johan Arriffin Samad disputing the validity of the TSA, which limits the State's maritime boundary to only three nautical miles and named the government of the Federation of Malaysia as the sole defendant. The plaintiff is also seeking 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; 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; A declaration that the Mining Ordinance 1960 is valid in Sabah after June 19, 2012; 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; 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. Earlier, in Friday's proceedings the defendant's counsel informed the court that the parties agreed and no objections to the application and requested for three months to file the affidavit in response. Siew directed the plaintiff to file the 500 documents by May 23; the defendant to file any response and other documents by Aug 22 and the plaintiff to file any reply by Sept 22. He fixed Oct 3 for further mention. The plaintiff was represented by counsel Roland Cheng while Senior Federal Counsels Shamsul Bolhassan and Ahmad Hanir Hambaly @ Arwi, acted for the defendant. * Follow us on Instagram and join our Telegram and/or WhatsApp channel(s) for the latest news you don't want to miss. * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available. Stay up-to-date by following Daily Express's Telegram channel. Daily Express Malaysia

Sabar granted leave to submit British documents in challenge against Territorial Sea Act
Sabar granted leave to submit British documents in challenge against Territorial Sea Act

Borneo Post

time09-05-2025

  • Politics
  • Borneo Post

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.

Graft root of Sabah's woes
Graft root of Sabah's woes

Daily Express

time08-05-2025

  • Politics
  • Daily Express

Graft root of Sabah's woes

Published on: Thursday, May 08, 2025 Published on: Thu, May 08, 2025 By: David Thien Text Size: Chin (second left) and Lo (second right) during that podcast session. Kota Kinabalu: Sabah's public enemy number one is corruption as it is the reason so many things have gone wrong in the State, according to former Sabah Law Society head Datuk Roger Chin. 'We must make the people so upset, so angry about corruption that they will not tolerate it. 'Once you do away with corruption, things will work as it should be, and money will stay here. And opportunities would go where they should have gone because they are qualified and the best persons for the job etc,' he said. He was speaking at NGO Sabar's Kopitiam Council podcast with Datuk John Lo on the 'Oversight & Reform of Government-Linked Companies (GLCs) Transparency, Accountability & Corruption Prevention. Why is Sabah struggling? Unpacking GLCs, corruption and lost billions,' he said. John, an ex-banker said people who have been put in trust have not been doing their proper job. I always feel we Sabahans are our biggest enemy.' He noted that some GLCs are putting in professional people to run them. 'They have professional management and good board members to perform very well,' Lo said. 'We have to reform.' 'We must transform ourselves. We must transform our mindset to get Sabah going well again.' Chin said civil society, media and the public are the three bodies that must be strong and proactive to play a vital role in the fight to check and curb corruption. 'Civil society must continuously talk about corruption and what is happening out there, basically educating the public about corruption. So civil society plays a major function to educate the public what corruption is and they must keep going and talk about policies. 'So part of Sabar's efforts will be talking about policies and solutions which civil society is very good at. 'The media should continue to do investigative studies to make sure that issues of corruption are made known. Imagine the 1MDB issue, if the media was not on it, 1MDB may never even have been an issue. 'The media has this tremendous power to shape society, depending on what they write, they could influence popular views. I have always said the media is one of the most powerful institutions in the world. 'That is why it is also a duty for them (media) to educate the public to let the public know about what is corruption and expose corruption,' said Chin. He said the public must never allow corruption to be a normal thing. We must question our leaders. 'If a politician takes personal affront to it, that means they may have no answer to you. There is nothing wrong in questioning your leaders. Chin said the public must not be ignored. 'You have social media. You have WhatsApp where you can viral anything you want.' 'You have the tool which was not available in the past and because of this, the public has got a tremendous amount of influence and ability to combat corruption.' Lo said Sabahan must also have faith in ourselves. 'If we do not have faith and confidence in ourselves as Sabahans, if we always think that other people are better, then we are not going to go anyway. 'We must know how to look after ourselves. That's why the Sabahan First Policy is very important. 'Instead of making other people rich, we should make ourselves rich. I hope to see many Sabahans become billionaires who will stay and invest their monies in Sabah,' said Lo. * Follow us on Instagram and join our Telegram and/or WhatsApp channel(s) for the latest news you don't want to miss. * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available. Stay up-to-date by following Daily Express's Telegram channel. Daily Express Malaysia

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