KUALA LUMPUR: History was made with the first reading of the Bill to amend the Federal Constitution, with regard to the Malaysia Agreement 1963 (MA63).
Minister in the Prime Minister’s Department (Parliament and Law) Datuk Seri Dr Wan Junaidi Tuanku Jaafar said this was a new chapter in the nation’s history – the first steps in restoring the fundamental rights and principles on which the Federation of Malaysia was created.
“After several attempts and many years of hard work, this is indeed a watershed moment in the history of the Federation of Malaysia. More so, for the people of Sabah and Sarawak.”
He said this journey would not have been possible without the support of Prime Minister Datuk Seri Ismail Sabri Yaakob.
He also thanked everyone involved in the undertaking, including fellow Cabinet members, past and present, for their unwavering commitment to see a fair, just and equitable outcome.
“As a Sarawak-born federal minister, this is important for me. This Bill carries the hopes and aspirations of the people of Sabah and Sarawak. And because of that, I do not want to delay it anymore,” he said, adding that he would propose to the Dewan Rakyat to schedule the second reading in this session.
Wan Junaidi said all the necessary groundwork for this initiative had been completed, including engagements with both government and opposition MPs, as well as the chief ministers of Sabah and Sarawak.
The tabling of the Bill was supposed to have taken place on Oct 26. It had to be rescheduled because the Cabinet wanted to be briefed by the Attorney-General on the amendments. The Cabinet later unanimously endorsed the proposed amendments.
The Special Council on MA63, chaired by Ismail Sabri, had agreed to the proposals submitted by Wan Junaidi to redefine some provisions in the Federal Constitution.
He disclosed that the proposed amendment to Article 1(2) would restore the Article to its original arrangement as it appeared in the Federal Constitution of 1963.
In the proposed amendment, ‘States of the Federation’ is defined as the States of Malaya (namely, states in Peninsular Malaysia), and the Borneo states (namely Sabah and Sarawak).
Wan Junaidi also proposed amendments to Article 160 (2) to include “Malaysia Day”, as Sept 16, 1963, which is the date of the formation of Malaysia, marking
the end of the Queen of England’s sovereignty over Sabah (North Borneo as it was then called) and Sarawak, and the end of British rule over the two territories.
“Currently, there is no mention of Malaysia Day, or Hari Malaysia, in the Federal Constitution.”
He added that the other, was the amendment to Article 160(2) on the interpretation of “the Federation”, as “the Federation that was first established under the Federation of Malaya Agreement 1957 and further pursuant to an Agreement concluded on July 9, 1963 between the United Kingdom of Great Britain and Northern Ireland, the Federation of Malaya, North Borneo, Sarawak and the State of Singapore federated with the existing States of the Federation of Malaya as the States of Sabah, Sarawak and Singapore in accordance with the constitutional instruments annexed thereto but under and by virtue of the Agreement relating to the separation of Singapore from Malaysia as an independent State dated 7th of August 1965, Singapore has ceased to be a State of Malaysia”, to complement the amendment of Article 1(2).
Other amendments proposed included the amendment to the definition of “natives” of Sarawak under Article 161A of the Federal Constitution.
The amendments would grant the status of “native”, to the offspring of a native of Sarawak, who is married to a non-native.
“With this amendment, the power to decide which race in Sarawak shall be recognised
as being indigenous to the State, shall be determined by the State, through State laws.”
