Kota Kinabalu: The loss of Batu Puteh Island to Singapore, as reported by the Royal Commission of Inquiry (RCI) to investigate the Handling of Matters Related to the Sovereignty of Batu Puteh, Middle Rocks and South Ledge, should be a wake-up call to Sabah leaders and officials, said former Chief Minister Datuk Seri Yong Teck Lee.
He said it is time for Sabah to discard the attitude of leaving everything to Federal when it comes to international or territorial matters on security if the state’s interests are not to be jeopardised.
“The Sabah government has an inherent and constitutional duty to ensure that the Federal Government is fully committed to protect and uphold Sabah’s interests, rather than compromising them for broader national interests or international agendas.
“Sabah also must make sure that federal officials are fully conversant with all the relevant facts and perspectives affecting Sabah,” he said.
“As a reminder, one serious federal flaw that Sabah has to endure was the fiasco of the Sulu claim at an international arbitration (during the Warisan administration).
“Although the RM65 billion arbitration award has now been set aside, the initial arbitration award boosted the false hopes of the Sulu claimants,” Yong, who is also Sabah Progressive Party (SAPP) President, said.
He was commenting on the RCI having recommended criminal investigation be initiated against twice former Prime Minister Tun Dr Mahathir under Section 415(b) and Section 418 of the Penal Code.
This was one of the recommendations in the RCI’s 217-page report distributed to the Members of Parliament in the Dewan Rakyat on Thursday.
It was also reported that in the context of Section 415(b), what needs to be demonstrated that Dr Mahathir had deceived the Cabinet and intentionally persuaded the Malaysian Government not to proceed with the applications (for review and interpretation of ICJ rulings), even though the decision was made unilaterally by Dr Mahathir without Cabinet approval.
“If the Cabinet had been provided with the action papers for the ICJ (International Court of Justice) case and written opinions from international consultants, the Cabinet would likely have had a different perspective regarding both applications,” according to the RCI report.
Ii this regard, the RCI believes that Dr Mahathir may have deliberately persuaded the Cabinet not to proceed with both applications, despite the contrary opinion of international consultants, who stated that there was a basis for the applications and a possibility of a success.
On May 23, 2008, the ICJ ruled that Singapore had sovereignty over Batu Puteh, while Middle Rocks, located less than a kilometre from the island, belong to Malaysia.
Yong said the call to action underscores a growing consensus that Sabah must assert its role in safeguarding its territorial and constitutional rights, ensuring that its voice is heard in national and international arenas.
“Sabah lost the strategic Amboyna Cay in the South China Sea due to Federal Government neglect in the late 1970s.
“The uninhabitable island, located within Sabah’s territorial continental shelf, is now occupied by Vietnam, raising questions about the Federal Government’s commitment to safeguarding Sabah’s interests.
“The incident was highlighted in the 2011 memoir Doctor in the House by Dr Mahathir who described how the then Prime Minister (Tun Hussein Onn) changed his mind about claiming Amboyna Cay for fear it might provoke confrontation with other countries.
“Dr Mahathir was Deputy Prime Minister at the time. He also described how Malaysia (Sabah) nearly lost Layang-Layang island (Swallow Reef) because the then Prime Minister had not wanted to claim Layang-Layang for fear of confrontation with Vietnam,” he said.
In the memoirs, Yong said Dr Mahathir described how he puts Malaysian assets on Layang-Layang (Swallow Reef) once he became the Prime Minister.
In other words, he said Sabah nearly lost Layang-Layang which today is a tourist resort accessible from Kota Kinabalu and Labuan.
Yong who is also Chairman of SAPP Committee on Territorial Security, said Dr Mahathir had stated that both Amboyna Cay and Layang-Layang fall within Sabah’s (Malaysia) continental shelf, emphasising their strategic importance to the state.
“None of the background and facts of how Sabah lost a precious island known as Amboyna Cay would have been known if Dr Mahathir had not penned his memoirs,” he said.
As for other controversial maritime matters such as the areas known as Blocks L&M bordering Brunei, Yong who is also a nominated assemblyman, said he believed it would only be a matter of time that public would want to know how this significant loss of three million acres of maritime territory in 2010 had occurred (during the Abdullah Badawi premiership).
“Another maritime area of interest, is known as Ambalat at Tawau, what was the gist of the 2023 bilateral agreement between Malaysia and Indonesia?
“Was the Sabah government fully involved in the bilateral discussions between Malaysia and Indonesia in order to make sure that Sabah’s territorial security and interests are fully secured?” Yong asked.
Hence, he said, it is the duty of the Sabah Government to protect Sabah’s territorial rights and uphold the Federal constitution which stipulates that the territory of Malaysia comprise of the territory of the states of Malaysia (Article 1).
“Sabah should have a front row seat at any international discussions affecting Sabah’s territorial interests,” he said.
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