2. From Daily Express - Kinabalu Today

Quote:

On the Oil Agreement, Harris'presented his case by referring to a legal case in Australia called "Seas and Submerged Land Case (1975) 135 CLR 337" which basically ruled that oil found offshore belongs to the Federal Government 

Legally, he said, the Federal Government has rights over off-shore oil and gas and that if Sabah did not sign the agreement at that time, Petronas is not obliged to give the five per cent oil royalty to sabah."

Question:  Did HMS signed the Oil Agreement based on this case?  If not, is it an after thought now?  Who actually advise HMS to sign the Oil Agreement for 5% royalty?  Why Pairin witness the said signature of HMS?  What was hanging over their heads so soon after the DOUBLE SIX? What say Tengku Raz now when he was saying a review on Malaysia Agreement in 1963 when Malaysia is a gone defunct nation since 1965 when Singapore was kicked out?  Joshua

 

 

Harris and Yong spar on various Sabah issues

Published on Saturday, 12 October 2013 02:09

Hits: 10

The highly anticipated debate between two former Chief Ministers - Tan Sri Harris Salleh, and Datuk Yong Teck Lee - saw both taking a firm stand on the issues affecting Sabah but in the end turn out to be more of a friendly affair. 

Instead, it was the one-hour question and answer session that heated up the atmosphere as members of the audience, including Datuk Dr Jeffrey Kitingan and a former ISA detainee, Darshan Singh, shot questions at Harris about the 20-Points, Malaysia Agreement,'1976 Oil Agreement and handing over of Labuan to the Federal Government.

Attended by 237 people, the debate at the Ssbah Golf and Country Club also saw Harris urging those having strong feelings that the Federal Government had cheated Sabah to work hard in the next General Election in order to take over Parliament and change the Federal Government.

"Change Malaysia to Banana Republic and Datuk Yong become the President and I'll be the Speaker," said Harris.

On the Oil Agreement, Harris'presented his case by referring to a legal case in Australia called "Seas and Submerged Land Case (1975) 135 CLR 337" which basically ruled that oil found offshore belongs to the Federal Government 

Legally, he said, the Federal Government has rights over off-shore oil and gas and that if Sabah did not sign the agreement at that time, Petronas is not obliged to give the five per cent oil royalty to sabah.

In fact, he said, Sabah did not lose 95 per cent of its oil income but gained five per cent (because the oil belongs to the Federal Government).

Furthermore, the Petroleum Development Act had already been approved by Parliament, which he reiterated is most supreme in Malaysia, as the country practised a constitutional monarchy system.

On the istana power grab incident after the 1985 State Election, Harris believed that the action by late Usno President Tun Mustapha Harun at that point in time "at being betrayed (by Parti Bersatu Sabah) and deprived of an opportunity to form a multi-racial or coalition government was justified."

As for the handing over of Labuan to the Federal Government, Harris admitted that it was among the reasons for the downfall of his Berjaya government but denied that it was done without approval from the State Legislative Assembly.

This was agreed by Yong who pointed out that in March 1994 the State Assembly passed the enactment to redraw the boundary of sabah by excluding Labuan.

Harris said he was surprised at Darshan Singh's claim that he was arrested under ISA for his objection to surrendering of Labuan to the Federal Government.

i'Show m" the document that you were arrested for this reason. This is very Serious and as far as I know nobody have been arrested for objecting,l'he said.

However, Harris denied there was compensation paid by Kuala Lumpur to the State Government for surrendering Labuan.

" Perhaps I should have handed Labuan to Brunei-because (then Prime Minister) Mahathir would have agreed," he said.

He said Labuan was surrendered to the Federal Government because it was not making that much income for the State with about RM20 million annually.

Nonetheless, he said he would not be able to discuss more on the issue fearing it would be subjudice as he had been sued by a "man from Papar" over the matter and hearing had been set for next April.

Harris was also in an argument when Dr Jeffrey, who was seated in the first row, disagreed with his view on the oil agreement. - "I am the one you haven't answered '.

I am asking now what will happen if Sabah did not sign the Agreement in 1976? Does the oil still belong to Sabah?" asked Dr Jeffrey.

"No, you should know that it has been passed by Parliament you lost the five per cent," he said.

Moderator Tan Sri Simon Sipaun was quick to interject asking no more questions and response from Dr Jeffrey because it is not a two-man show.

For Yong, he responded to Harris' query about his role in the Warisan Harta purchase of NBT shares saying that he challenged the present State Government to publish a White Paper in order to clear the air.

Yong said that even if MT shares were to drop to zero, Warisan Harta still would not have lost because there was the Sugar Bun shares plus RM50 million cash paid in the shareswap deal.

As for the Saham Amanah Sabah (SAS) price drop Yong said although he was the Chief Minister, he was never involved in the management of the unit trust fund.

"That one I cannot answer because even though I was the Chief Minister I didn't get involved in the management, which is governed by the Securities Commission," he said.

"If you want to know, we must have a White Paper on this," he said, adding that Sabah Progressive Party (SAPP) elected representatives, namely Melanie Chia and Datuk Liew Teck Chan had moved a motion in the State Assembly on this before but this was rejected by the State Government.

" Perhaps the State Government, is afraid skeletons will be falling out of the cupboard if a White Paper is published," said Yong.

The debate was adjourned at 10pm.

Extracted from DailyExpress