Search This Blog

Thursday, September 6, 2012

STAR: Najib Must undo his father's great injustice against Sabah


By Dr Jeffrey Kitingan

“PM Najib must undo his late father’s greatest injustice against Sabah and reverse the vesting of Sabah’s oil and gas resources back to Sabah from Petronas” said Datuk Dr. Jeffrey Kitingan, Chairman of STAR Sabah at a press conference regarding the vesting of Sabah’s oil and gas resources by Tun Abdul Razak to Petronas in 1975.

Tun Abdul Razak, the then Prime Minister of Malaysia, had on 26 March 1975 signed away Sabah’s oil and gas resources to Petronas by executing the Vesting Order under Section 2(2) of the Petroleum Development Act, 1974 and granted in perpetuity and conveyed to and vested in Petronas the ownership in and the exclusive rights, powers, liberties and privileges of exploring, exploiting, winning and obtaining petroleum whether lying onshore or offshore of Malaysia.  The grant, conveyance and vesting was to be irrevocable and shall enure for the benefit of Petronas and its successor.

“The real issue is not whether the then Prime Minister had the authority to sign away Sabah’s oil and gas resources to Petronas but why should he signed away Sabah’s oil and gas without consultation  with or approval from Sabah when the oil and gas belonged to Sabah?” asked Dr. Jeffrey.

Under Section 24(1) of the Land Ordinance (Sabah Cap. 68), petroleum oil and gas in Sabah are, and are deemed always to have been reserved to the State Government, together with the right to enter lands and to search for, win, carry away and dispose of the same.   Under Section 24(2) the Minister (in charge of such resources) is authorized to grant licences to search for, win, carry away and dispose of the petroleum oil and gas and to grant leases of the same.  Under the same section, the State is also entitled to impose payment of royalties on the petroleum oil and gas produced.  Further, Land and Natural Resources comes directly under the State List under the IG C Report and the Federal Constitution.

This action by Tun Razak may well be unconstitutional?  How can the Prime Minister give away something that does not belong to him as Prime Minister?”

By signing away Sabah’s oil and gas to Petronas, Tun Razak have committed the greatest injustice to Sabah.

It is only right that PM Najib undo the injustice by undoing the vesting and getting Petronas to reverse the vesting and restore ownership of Sabah’s oil and gas to Sabah.

It is never a better time for PM Najib to show his sincerity in resolving Sabah’s oil issue by giving back the oil and gas resources to Sabah which will also by a stroke of the pen wipe out Sabah’s poverty problems.

It is also the time for the Chief Minister of Sabah to show that he is truly a Sabahan at heart by not only seeking a review of the “oil royalties” but to ask the federal government to give back the oil and gas resources to Sabah since he has said that the current state-federal government relationship is very good.
At the same time, it will show that all the talk of reviewing the oil royalties is sincere and genuine and not just mere election gimmick to hoodwink the voters in Sabah in the coming general elections.

What say you, PM Najib and CM Musa?

Dr. Dripin Anak Sakoi, the President of STAR, added that what is the position for Sabah is also applicable to Sarawak and asked the PM Najib to also restore Sarawak’s oil and gas to Sarawak.

“Sarawak’s contribution to Petronas for 2012 is expected to be about RM28.69 billion, which is more than double of Sabah’s contribution of RMRM14.734 billion estimated for 2012.  The reversion of the oil revenue to Sarawak and Sabah respectively will propel and provide a quantum leap for the development of Sabah and Sabah” added Dr. Dripin.

Dr. Jeffrey added that the quantum leap development of Sabah and Sarawak will contribute a better and higher overall growth to Malaysia.

On the issue of contribution to Petronas and the federal government, Dr. Jeffrey opined that after the reversion of the oil and gas resources to Sabah and Sarawak, both States can still agree to a contribution of say 20%-30% of the oil revenue to them.   This contribution will also add to the overall growth of Malaysia.

Dr. Jeffrey further explained that in the Oil Agreement signed by Datuk Harris Salleh on 14 June 1976, the current 5% is a cash payment payable by Petronas under Section 4 of the Petroleum Development Act, 1974 in return for the ownership and the rights, powers, liberties and privileges of the oil and gas resources vested to Petronas by the State and is not royalties at all.

In fact, under Clause 4 of the 1976 Oil Agreement, the State government was asked to agree to waive or reject all rights to royalties to the oil and gas resources.

At the Press Conference, the videos of the speeches of Tengku Razaleigh Hamzah was played to show the explanations on the imposition of royalties by the state and federal governments as well as on Tengku Razaleigh being asked to leave the ill-fated airplane before takeover from Labuan.

“The Sabah and Sarawak leaders must ensure that the rights and interests of Sabah and Sarawak come first” advised Dr. Jeffrey and Dr. Dripin.

“Given the importance of Sabah and Sarawak to the position and frailty of the current BN regime, the State governments of Sabah and Sarawak should take full opportunity to secure the future of their fellow Sabahans and Sarawakians by seeking the restoration of the oil and gas rights to Sabah and Sarawak respectively” added Dr. Jeffrey.

And, if the federal government does not agree to revert the oil and gas resources to Sabah and Sarawak, the State governments should just change the federal government or at least file court proceedings to nullify the Vesting Order signed by Tun Razak and the Oil Agreements signed by the respective Chief Ministers of Sabah and Sarawak.

Dr. Jeffrey Kitingan is Chairman of STAR Sabah

60 comments:

  1. THE REAL ISSUE? SABAH & SARAWAK BETRAYED BY COLLABORATING QUISLING RULERS TO ACHIEVE MALAYA'S COLONISATION HEGEMONY PROGRAMME- 16 SEPT 1963 TO 2012

    "The real issue is not whether the then Prime Minister had the authority to sign away Sabah's oil and gas resources to Petronas but why should he sign away Sabah's oil and gas without consultation with or approval from Sabah when the oil and gas belonged to Sabah," he asked.

    The real issue is that Malaya stole our oil resources through the betrayal of Sabahans and Sarawakians who actually played an important role in selling out their countries. A colonial master can never pacify the "natives" without the traitor rulers' collaboration- whether peacefully or violently.

    Sarawak's Mahmud Taib as the then Federal Minister for Natural Resources and his uncle A R Yakub then Sarawak CM and the few leaders of the SUPP were the criminals who opened the door and let UMNO in to seize not just Sarawak but Sabah Oil.

    We can now tie up many if not most of the important historic facts. First the few SUPP traitor leaders took the anti-Malaysia SUPP into the UMNO BN in 1971.

    SUPP LEADERS' BETRAYAL STRENGTHEN UMNO'S HAND

    SUPP could have been the kingmaker but it walked over giving UMNO BN the 2/3 majority it lost in the 1969 general elections. UMNO had to create the May 13 1969 Racial Pogrom/massacre and declared emergency rule. The SUPP leaders' betrayal (and MCA MIC) helped to give UMNO the 2/3 majority which led to the amendment of the Malayan Constitution and institutionalization of UMNO Malay supremacist NEP apartheid system. This irony is not seen by most who have been unaware of this aspect of history.

    When Taib became the Federal Minister of Natural Resources (1972 -74) he moved to grab our oil resources by "nationalising" foreign control under the Petronas Development Act.

    In both Sabah and Sarawak the first Chief Ministers Donald Stephens and Stephen K Ningkan had perhaps 90% patriotism to their own countries respectively and they resisted attempts by the new UMNO colonial masters to control their countries' resources especially oil.

    Both Chief Ministers did not last long as UMNO conspired to oust them from power and replaced them with traitors to Sabah and Sarawak. Ningkan's government was removed by a "constitutional coup" engineered by the Razak Cabinet and Stephens was at first exiled as ambassador to Australia but later met his tragic fate- the air crash which has not yet been fully explained.

    Before all these, we must see that the Malayan UMNO leaders had their eyes on our resources especially oil right from the beginning.

    ReplyDelete
  2. Part 2

    MALAYAN UMNO PLANNED TO SEIZE OIL FROM BEGINNING OF “MALAYSIA”.

    The Malaysia formation negotiations with the Brunei government in the 1960s exposed UMNO's colonization agenda when it had the gall to demand 100% control of Brunei oil. Whether the Brunei Sultan saw through this or by a stroke of luck UMNO refused his demand for the right to be Head of State, this led to the sultan's decision not to take Brunei into Malaysia.

    When Brunei became independent from British protectorship in 1984, UMNO tried again but failed to persuade Brunei to join Malaysia. UMNO even tried to persuade AM Azahari (leader of the banned Brunei People's Party and the anti-Malaysia uprising of Dec 8 1962) to conspire with them to seize Brunei. Azahari rejected their Machiavellian plot as he was loyal to his country.

    In 1976 after the PD Act 1974, with political control of Sabah and Sarawak in the hand of UMNO collaborators, Sabah and Sarawak oil rights were signed away.

    This was not for "Malaysian" nationalist sentiments. The game plan was that the participants become the major players is using Sabah and Sarawak as the cashed up petrol stations pumped dry through their proxy companies.

    STAR leaders are aware that there are 6 or 7 so-called favoured private companies which have direct pipelines connected to our oilfields. Mahathir family is a well known exposed example. The others are not fully exposed but it will include Najib/Razak family, AR Rahman/Taib families and Harris Salleh/cronies families.

    Why is Taib Mahmud has such a hold on UMNO and is so feared by Kuala Lumpur?

    He has lots of secret we do not yet know and oil is likely to the most explosive.

    We lost our greatest limited natural resources through the betrayal of local traitors who became instruments of UMNO colonisation of Sabah and Sarawak.

    So on 16 September 2012 we all who can see what it is all about can mull over the real issue- how to free our countries Sabah and Sarawak from Malayan colonial rule?

    TAKE BACK OUR COUNTRY!

    ReplyDelete
  3. My wish is for Sabah to be independent and happy again. Free from manupilative clutches.

    ReplyDelete
    Replies
    1. Every Sabahans wants Sabah to be succeed and be developed. But who really willing to sacrifice for Sabah?

      Delete
    2. under musa administration, sabah is more developed now...rakyat are happy with the positive progress..

      Delete
    3. Give Sabahans their autonomy power.

      Delete
    4. Being happy is vital. I want to be happy in Sabah regardless of those rubbish issues.

      Delete
    5. Pemikiran rakyat Sabah harus bebas dijajah.

      Delete
    6. Sabah deserve more! The government should study and fulfill the needs.

      Delete
    7. Sabah semakin maju, hairan juga masih banyak yang tidak berpuas hati.

      Delete
    8. Bila masa pula rakyat Sabah di jajah??

      Delete
  4. We will begin our own Sabah round table discussion to throw out BNnd/ umNO existen in Sabah/Sarawak for the rest of our life.........

    Ini Kalilah.... tukarrrrrrrrr............!!!!!

    ReplyDelete
    Replies
    1. Kasi Halau themm out

      Delete
    2. Action speaks louder than words. Let us see if opposition can topple BN or not.

      Delete
    3. YES IF UMNO DOES NOT USE DIRTY TRICKS AGAIN!

      Delete
    4. Tukar apa pula, macam la pembangkang ni boleh bagi apa yang kita minta.

      Delete
    5. Buat apa mau tukar-tukar, buang masa sahaja... pembangkang banyak cakap sahaja.

      Delete
  5. Parti Bersatu Sabah (PBS) Kadamaian division passed a resolution at its recent annual general meeting to request the federal government to allow an additional Barisan Nasional manifesto for Sabah in the coming 13th general election.

    Division head Datuk Herbert T Lagadan said the delegates also called for the setting up of (a yearly) trust fund by Petronas during the 10th Malaysia Plan period pending the renegotiation of oil royalty.

    ReplyDelete
  6. Sabah should be getting big oil royalty from the federal government to help the State Government in providing basic infrastructure not only in the rural but also in the suburban areas.

    ReplyDelete
    Replies
    1. datuk musa pasti akan bincangkan soal ini dengan pm malaysia...kita harapkan berita baik..

      Delete
    2. we hope positive outcome from the discussion about oil royalty.

      Delete
    3. harap perbincangan tersebut akan memberikan hasil yang baik untuk kita.

      Delete
    4. Jangan risau, seperti yang dijanjikan olehnya, Tenom akan mendapat habuan juga.

      Delete
    5. Isu royalty harus dikaji agar pertambahan dapat dibuat. Pendapat negeeri pertambahan akan menggalak perkembangan yang berterusan.

      Delete
  7. Kita perlu mempunyai royalti minyak yang lebih banyak untuk memastikan setiap warganegara tulen Sabah akan mendapat manfaat daripadanya.

    ReplyDelete
    Replies
    1. kalau royalti kekal tetapi peruntukkan yang lebih banyak diberikan kepada sabah setiap bajet pun bagus juga..

      Delete
    2. walaupun royalti dinaikkan tapi PATI masih ramai di Sabah, itu pun satu masalah juga. nanti PATI yang banyak kongsi2 peruntukan yang kerajaan bagi.

      Delete
    3. jika royalti dinaikkan, adakah peruntukan akan dikurangkan?

      Delete
    4. kita semua mengharapkan yang terbaik untuk Sabah.

      Delete
    5. Sabah needs major clean up!

      Delete
    6. Harap royalti dan masalah Pati akan segera di selesaikan.. agar rakyat bertambah percaya dengan kerajaan sekarang.

      Delete
  8. yang patut dipersalahkan ialah harris salleh...bukannya tun razak...

    ReplyDelete
    Replies
    1. ya.. Harris menjadi punca Sabah jadi begini.

      Delete
    2. betul, star patut salahkan Harris.

      Delete
    3. Star patut salahkan Musa juga kerana hubungan rapat beliau dengan Najib lebih 15 tahun masih tidak dapat menolong Sabah dapat royalti yang lebih tinggi.

      Delete
  9. bagus Star hentam sama si harris....

    ReplyDelete
  10. anyone seen Petronas Account ? how do we know their profit to calculate the current 5% Royalty is correct

    ReplyDelete
  11. TUN RAZAK ADA KUASA...PATUH LAH KEPADA KEPUTUSAN YG TELAH DIBUAT...JANGAN PURA-PURA SAHAJA KERANA NAK MENANG PILIHAN RAYA, ITU TIDAK JUJUR NAMANYA. SEKARANG BISING....DULU WAKTU MUDA SAMPAI TUA TAK TUNTUT BALIK ITU OIL,....MANA KOMITMENT KAMU PERGI?

    ReplyDelete
  12. harap royalti minyak akan dpat dinaikkan.

    ReplyDelete
  13. harap akan ada perkembangan yang positif mengenai isu royalti minyak.

    ReplyDelete
  14. itulah yang Najib buat sekarang.. apa lagi si JK sibuk2 pasal ini..

    ReplyDelete
    Replies
    1. JK risau suaranya akan tenggelam apabila suara Najib lebih kedengaran.

      Delete
  15. STAR HANYA PANCING UNDI SAHAJA.

    Sabah boleh maju tanpa mengharapkan sangat royalti petroleum.Royalti bukan segala-galanya. Ini STAR tahu minta puji sahaja, siapa mau undi kalau hanya pura-pura berjuang waktu dekat-dekat pilihanraya sahaja.

    ReplyDelete
    Replies
    1. Star harus bising2 supaya Star masih menjadi bual mulut rakyat Sabah.

      Delete
    2. Star tidak di terima di Sarawak sekarang sibuk di Sabah, dan asyik mainkan isu yang sama sahaja,macam tiada cerita lain.

      Delete
  16. Kita tunggu saja hasil kajian semula royalti minyak Sabah.

    ReplyDelete
    Replies
    1. Kajian pasti akan di buat, mungkin royalti kepada sabah akan bertambah.

      Delete
  17. Kadar 5% memang tidak memihak kepada rakyat di Sabah.

    ReplyDelete
  18. Sabah's political stability, sound policies and focused economic directions are three key factors that have caught the attention of the country's business community.

    ReplyDelete
  19. Associated Chinese Chambers of Commerce and Industry of Malaysia president Tan Sri William Cheng Heng Jem said this here yesterday after leading a delegation for a meeting with Chief Minister Datuk Seri Musa Aman.

    ReplyDelete
  20. "Rapid economic development has taken place in Sabah. It looks different and the economic landscape is different," Cheng said, adding that the three factors were prerequisites investors looked for in a country or state.

    ReplyDelete
  21. "Sabah is rich in natural resources, such as timber, minerals, oil and gas. However, what is important is it takes the right leadership to take the state to greater heights."

    ReplyDelete
  22. Cheng said tourism and agriculture, including aquaculture, were doing well in the state and had the potential to grow.

    ReplyDelete
  23. "I am also told that Sabah has strong environmental conservation laws.This is also good in terms of ecotourism." said Cheng

    ReplyDelete
  24. Meanwhile, Musa said investors were interested in Malaysia because of the conducive atmosphere, good government policies and stable politics under the able leadership of Prime Minister Dauk Seri Najib Razak.

    ReplyDelete
  25. He said the environmental laws on conservation had a long-term positive impact on the overall development of the state.

    ReplyDelete
  26. "Protecting the forests, phasing out logging and focusing on reforestation means that future generations can once again have tropical rainforests, which had been logged, in 30 to 40 years' time."

    ReplyDelete