KOTA KINABALU: There are more pressing legal matters to be resolved between the Bornean states and the Federal Government in achieving the spirit of the Malaysia Agreement 1963 (MA63), says Sabah Law Society president Roger Chin.

       He said issues in relation to various laws such as the Continental Sea Act 1966, the Petroleum Mining Act 1966, the Petroleum Development Act 1974, the Exclusive Zone Act 1984 and the Territorial Sea Act 2012 had to be resolved.

       He said these Acts were made applicable to the Bornean states during the Proclamation of Emergency that overrode various legal requirements, including the consent of the state governments of Sabah and Sarawak.

       "Except for the Territorial Sea Act, all the other Acts were made applicable to the Bornean states while the Proclamation of Emergency was still in force," he said in a statement Thursday (Dec 16).

       Commenting on the recent constitutional amendment to put Sabah and Sarawak back to their original position in the federation, Chin said SLS hoped steps were taken so that the original intent and spirit of Malaysia would be preserved.

       "The aspirations and hopes of the people in Sabah and Sarawak will be fulfilled. Perhaps this (amendment) is a start," he added.

       "It is hoped that both the Federal Government and the Bornean states will be able to resolve these and other issues now, for the ultimate prosperity of the nation as a whole," Chin said.

       He said the constitutional amendment passed in Parliament, notwithstanding various legal questions surrounding it, "heralds the genesis for a restoration of equal partnerships."

       On Tuesday (Dec 14), the Dewan Rakyat passed the constitutional amendment reinstating the Bornean states to what it was when the Federal Constitution was first formulated following the Malaysia Agreement 1963 and the Malaysia Act 1963, by amending Article 1 (2) while at the same time Article 160 (2) was also amended.

       Chin said that some may argue that the amendment to Article 1(2) is "form over substance" but, nevertheless, it has reinstated the original intent and spirit of MA63.

       "This is a rebooting of that very spirit and enthusiasm that prevailed in 1963. It is a revisit of the exuberance, hopes and aspirations of our founding fathers.

       "It is hoped that we will be able to build on this and revisit, review and recalibrate the relationship between the Bornean states and the states of Malaya. This is perhaps the beginning of a new and exuberant Malaysia," he added.