KUCHING: Is there a right to exit from the Federation of Malaya is a big question with uncertain answers.
One legal mind, Voon Lee Shan who is a former Batu Lintang state assemblyman, yesterday forwarded an opinion on this.
According to Voon, Sabah and Sarawak were acquired by the Federation of Malaya in 1963 on September 16 to enlarge its territories.
“By enlargement of its territories, the Federation of Malaya took a new name called the Federation of Malaysia. Therefore, Malaysia is Malaya and Malaya is Malaysia.
“The United Nations was notified on this by Dato Ong Yoke Lin, the Permanent Secretary to the United Nations from the Federation of Malaya, at which Britain had informed the United Nations that Malaysia was not a new nation.
Voon questioned whether this was what Sabah and Sarawak wanted when negotiations took place which led to the Federation of Malaysia.
It is a human nature that no one likes to be taken for a ride and it is for this reason, voices are heard seeking exit.
He also said that when a person or a country is being cheated or deceived to enter into an agreement, he or his country has an intrinsic right to get out of the situation. Can Sabah and Sarawak do this?
The Federal Constitution, being the supreme law of the land, does not prohibit exit or cessation. What the law does not prohibit, then, there is nothing wrong to ask for exit from the Federation of Malaysia if done properly.
Malaysian Prime Minister Tun Dr Mahathir in New York recently said the people of Sabah and Sarawak did not ask for independence but only asked for autonomy.
Implying from what Dr Mahathir said, many legal minds said, Sabah and Sarawak therefore are deemed colonies of the Federation of Malaya and they implied too that Sabah and Sarawak being colonies could seek or ask for independence.
Why not do it? Voon questioned again.
The International Court of Justice (ICJ) had opined in the recent Kosovo case, it is perfectly legal under international law for Kosovo to unilaterally declare independence from Serbia.
In a very recent Chagos Island case won by Mauritius few months ago, the ICJ opined that only sovereign countries could sign treaties.
Sabah and Sarawak when they signed the Malaysia Agreement 1963 (MA63), were not sovereign states and were still colonies under Britain when their representatives signed the MA63. Therefore, there is doubt as to the legality of MA63, Voon said.
