RECOGNISE INDONESIANS, FILIPINOS AS MALAYSIANS – UMNO LEADER

Recognise Indonesians, Filipinos as Malaysians – Umno leader

KOTA KINABALU May 7, 2012: Filipinos and Indonesians who came to Sabah before the State’s independence on August 31, 1963 should be accepted as Malaysian citizens, according to Umno Sepanggar divisional head Datuk Jumat Idris.

He also said that everyone should endear the fact that the different races and ethnicities in Sabah exist together harmoniously.

“We admit there are many Sabahans whose parents were originally from The Philippines and Indonesia. They have different accents prompting many of us to judge them as illegal immigrants.

DEVELOPMENT FUND FROM FEDERAL GOVERNMENT FOR STATE IS ENSHRINED IN THE FEDERAL CONSTITUTION

Sabah deserves both higher oil royalty and federal allocation – SAPP

KOTA KINABALU Feb 15, 2012: Sabah Progressive Party (SAPP) Women’s chief Melanie Chia has expressed disappointment at the statement by Sabah Barisan Nasional (BN) secretary Datuk Abdul Rahman Dahlan that the federal allocation to Sabah will likely be cut if Pakatan Rakyat forms the government and increases the oil royalty for the state.

The Luyang assemblywoman said it is a mockery that Sabah BN failed to understand what is oil royalty.

“Instead of supporting the call to increase the oil royalty for Sabah, BN Sabah still wants to confuse the people by comparing oil royalty to development funds from the Federal Government,” she said in a statement yesterday.

ARTICLE 153 PROTECTS ALL COMMUNITIES

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Aziz Bari says Article 153 shortchanges no one

KUALA LUMPUR, Dec 26 — Constitutional expert Abdul Aziz Bari said Article 153 of the Federal Constitution protects all communities and not just Bumiputeras, saying Perkasa is wrong to claim it is only for the dominant majority.

Perkasa had warned Christians yesterday not to question the provision the Malay rights group says is to protect the rights of Bumiputeras.

The International Islamic University (UIA) law professor told The Malaysian Insider  “the constitution is clear that no one should be shortchanged.”

“The wording of Article 153(1), that actually sets the tone and theme of the provision, seeks to be fair to all — the backward Malay and Borneo native communities as well as all other communities,”

MAHKAMAH RAYUAN PUTUSKAN SEKYEN 15 (5 )(A) AUKU ‘MELARANG PENUNTUT UNIVERSITI MENYERTAI POLITIK’ BERTENTANGAN DENGAN PERLEMBAGAAN

Mahkamah Rayuan Putuskan Sekyen 15 (5 )(a) AUKU Bertentangan Dengan Perlembagaan

PUTRAJAYA Okt 31, 2011 : Mahkamah Rayuan pada Isnin memutuskan Seksyen 15 (5) (a) Akta Universiti dan Kolej Universiti (AUKU) yang melarang penuntut universiti menyertai politik bertentangan dengan Perlembagaan Persekutuan serta menyekat kebebasan bersuara pelajar.

Keputusan bersejarah itu sekaligus mengetepikan keputusan Mahkamah Tinggi Kuala Lumpur sebelum ini.

Mahkamah membuat keputusan 2-1 dalam permohonan yang dibawa oleh empat penuntut Universiti Kebangsaan Malaysia (UKM) mencabar peruntukan 15(5)(a) Akta Universiti dan Kolej Universiti 1971.

SYARAT DAPAT HAK WARGANEGARA DIKEKALKAN

Syarat dapat hak warganegara dikekalkan

KUALA LUMPUR 23 Mac – Syarat mendapatkan hak kewarganegaraan akan terus kekal seperti sedia ada bagi memastikan keselamatan rakyat dan negara sentiasa terjamin.

Menteri Dalam Negeri, Datuk Seri Hishammuddin Tun Hussein berkata, hak mendapat kewarganegaraan juga adalah tertakluk kepada Perlembagaan Persekutuan dan bukannya pada kementerian.

“Syarat ini ada kaitan dengan konteks keselamatan negara dan oleh itu kita tidak boleh ambil mudah semata-mata mahu mempercepatkan proses kelulusan permohonan,” katanya menjawab soalan tambahan Fong Po Kuan (DAP-Batu Gajah) pada sidang Dewan Rakyat hari ini.

Mengulas lanjut, Hishammuddin berharap supaya wakil rakyat harus memahami dan cuba mengimbangi kehendak rakyat dengan proses sedia ada supaya sesuatu perkara itu tidak menjadi rumit.

Terdahulu, Datuk Seri Tiong King Sing (BN-Bintulu) dalam soalan asal meminta kerajaan menyatakan masalah untuk meluluskan taraf kewarganegaraan di bawah Perkara 15A Perlembagaan Persekutuan iaitu keadaan khas bagi kanak-kanak di bawah umur 21 tahun.

Hishammuddin berkata, pihaknya tidak menghadapi masalah dalam memproses permohonan taraf kewarganegaraan selagi sesuatu permohonan itu lengkap dan memenuhi syarat yang ditetapkan di bawah Perkara 15A.

"HAS TREASON BEEN COMMITTED BY THE THEN PRIME MINISTER AND HIS CABINET FOR SURRENDERING NATIONAL TERRITORY WITHOUT THE NECESSARY APPROVALS OF PARLIAMENT, STATE LEGISLATIVE ASSEMBLY AND THE CONFERENCE OF RULERS?”

SAPP asks if ex-PM committed treason before stepping down

Published on: Tuesday, May 04, 2010

Kota Kinabalu: The reported ceding of three million acres of Sabah's maritime territory by the Federal Government to Brunei in March 2009 is unconstitutional, claims the Sabah Progressive Party.

Party President, Datuk Seri Yong Teck Lee, said such an act in the Federation requires the consent of the Sabah Legislative Assembly and the Conference of Rulers, as stipulated in Article 2 of the Malaysian Constitution.

 

"The only one time that such consent under Article 2 was given was on March 8, 1984 when the Federal Territory of Labuan Enactment 1984 was passed in the State Legislative Assembly.

"It was one of the major acts of the then (Berjaya) State Government that caused its downfall the following year," he said in a statement, Monday.

He said the territory of Malaysia consisted of the territories of all the states in the country.

"It was only when Sabah (then North Borneo) together with Sarawak, Singapore and Malaya formed Malaysia in 1963, that the Malaysian territorial map was enlarged to include the Borneo states and their territories that came with historical rights," Yong pointed out.

"This territory included the Sipadan and Ligitan islands and the seas now known as Block L and M in the Petronas off shore plans."

Former Premier Tun Dr Mahathir Mohamed had disclosed that Malaysia's right to Block L and M is based on historical right and that the loss of these blocks has made Malaysia lose RM320 billion in oil in an area the size of the states of Perlis, Penang, Melaka and Selangor combined.

Yong said towards this end, Sabahans wanted to know, among others, if the Chief Minister and his Cabinet knew about this "surrender of its maritime territory" by then Prime Minister Tun Abdullah Ahmad Badawi.

"What is the State Government going to do about this loss of territory and potential oil royalties? Based on the present five per cent the royalties are worth RM16 billion," Yong said.

"Did the Federal Ministers from Sabah know? What was their stand?

"Has treason been committed by the then Prime Minister and his Cabinet for surrendering national territory without the necessary approvals of Parliament, State Legislative Assembly and the Conference of Rulers?

"Why was there haste in surrendering the territory just weeks before a change of Prime Minister in March 2009? Are the boundaries of Blocks L and M clearly demarcated by lines joining geographical coordinates in a certified map at the National Mapping Malaysia and the Sabah Department of Land and Survey?"

Yong called on the State Government to make public the terms and conditions of the surrender of Blocks L and M and also publish the map of Sabah that includes its maritime territories.

"Claim compensation from the Federal Government for the loss of Sabah's maritime territory, shipping rights, fisheries and other resources in the area (and) claim from the Federal Government compensation of RM16 billion.

"(Also) ensure that any future treaties and international agreements affecting Sabah require the explicit and official consent of the State Government. We must not allow a precedent for the Federal Government to sell of chunks of Sabah to foreign countries."

"IF SABAHANS WANT TO HOLD A FRESH NEGOTIATION THROUGH THE STATE GOVERNMENT THERE IS NO ONE THAT CAN STOP THEM BECAUSE WHAT WE HAVE IS BASED ON THE ORIGINAL AGREEMENT,"

'Nothing to stop review'

Penampang: There is nothing stopping the people of Sabah from calling upon the State Government to seek a re-negotiation with the Federal Government and Petronas on the quantum of oil royalty.

"If Sabahans want to hold a fresh negotiation through the State Government there is no one that can stop them because what we have is based on the original agreement," said former Finance Minister Tengku Razaleigh Hamzah.

"And if now they think they don't want the (current amount of 5pc) royalty then go ahead, ask the State Government to re-negotiate with Federal Government É I am not appointed as the State Government's advisor so its up to you," said Razaleigh, himself a former Petronas Chairman.

He said if the people and the State Government felt they have the capability to demand for a raise in the oil royalty then they should just go ahead.

Razaleigh, who was responsible for drawing up the Petroleum Development Act (PDA) 1974 that led to setting up the national petroleum company, Petronas, said this in response to questions after presenting a talk entitled "Sabah's Oil For Whom?" at the Hongkod Koisaan, KDCA, Friday night.

The event was organised by United Sabah Dusun Association (Usda) in collaboration with 14 other organisations. Some 1,000 people attended the talk that began at 8pm and lasted till nearly midnight.

On the question of how come Sabah and the other major oil producing states in the country continue to be lagging behind, the Gua Musang MP said poverty issues are not something that can be resolved immediately, even though the State has an abundance of oil resources.

He said the issues were inter-related with social, education and health, among others. However, it was also up to the people to ask the State Government on how the royalty was being spent (over the years), especially in the context of eradicating poverty.

"Ask the Government how the royalty had been spent.

As long as we continue to be mum we will not get the protection that we should get," he said.

To a question from Usda asking if there is a mechanism that can tell the volume of oil and gas taken out from Sabah, he said this was a matter of trust.

"If we want to measure it can be done. We can install meter gauge to measure how much oil and gas is taken out from Sabah. Now the question is whether this is necessary?" he said.

Such information, according to him, could be obtained from the Statistics Department and from the volume of Petronas exports.

On the issue of gas from Sabah to be channelled to Sarawak through pipelines, which should instead be used in Sabah by setting up a Liquefied Natural Gas (LNG) Processing Plant in the State, he said it should be the way.

"I am also curious why gas obtained from Sabah has to be channelled to Sarawak although Sabah really needs its own LNG plant," he said.

To the question from Ikatan Anak Anak Semenanjung on whether the Kelantan case where its royalty cash payment was being paid as an ex-gratia payment by the Federal Government could be challenged in court, he said in the affirmative.

"Anything can be challenged in the court to get justice but whether this will bring benefit or not is a different issue (as) the Federal Government have the power so they can do whatever they like it seems," he said.

Razaleigh said since he was the one together with late second Prime Minister Tun Abdul Razak responsible for drafting the PDA, he knew very well that there is no such provision in the Act on ex-gratia payment in place of the oil royalty.

"Our view and the Federal Government is different but I hope the Federal Government would be able to interpret the Act based on the real understanding," he said.

The PDA was drafted to utilise the oil from the waters of east coast in Semenanjung for developing the backward states there, he said.

Earlier, he said the total royalty paid to Sabah from 2004 to 2007 was RM1.23 billion, Sarawak (RM4.281 billion) and Terengganu (RM7.3 billion).

DENGAN MELAKSANAKAN CUKAI BARANG DAN PERKHIDMATAN (CBP) PADA PERTENGAHAN 2011 KERAJAAN MENJANGKAKAN DAPAT PENDAPATAN CUKAI RM13 BILION

Rang Undang-undang Cukai Barang Dan Perkhidmatan 2009 Dibentang Di Parlimen

KUALA LUMPUR, 16 Dis (Bernama) -- Rang Undang-undang Cukai Barang dan Perkhidmatan 2009 yang menyediakan peruntukan bagi mengenakan dan memungut cukai barang dan perkhidmatan (CBP) dan bagi perkara-perkara yang berkaitan dengannya, dibentangkan di Dewan Rakyat Rabu.

Menteri Kewangan Kedua Datuk Seri Ahmad Husni Hanadzlah membentangkan rang undang-undang yang mempunyai 201 fasal dan 18 bahagian itu untuk bacaan kali pertama.

Rang undang-undang itu akan menggantikan cukai jualan dan cukai perkhidmatan yang pada masa ini dikenakan dan dipungut di bawah Akta Cukai Jualan 1972 dan Akta Cukai Perkhidmatan 1975.

Menurut rang undang-undang itu, cukai barang perkhidmatan ialah suatu cukai kepenggunaan berasas luas yang berdasarkan konsep nilai tambah.

Berbeza dengan cukai jualan ketika ini yang merupakan cukai seperingkat, cukai barang dan perkhidmatan ialah cukai berperingkat, dan pembayaran cukai dibuat dalam berbilang peringkat oleh perantara dalam proses pengeluaran dan pengagihan.

Rang undang-undang tersebut juga menyatakan bahawa cukai itu sendiri bukan suatu kos kepada perantara dan tidak ditunjukkan sebagai butiran perbelanjaan dalam penyata kewangannya.

Menurut rang undang-undang itu, CBP meliputi semua sektor industri dan ialah suatu cukai ke atas penggunaan terakhir barang dan perkhidmatan, dan ia dipungut melalui suatu sistem kredit yang ditanggung atas input diimbangkan terhadap CBP yang dikenakan ke atas output.

Bercakap kepada pemberita kemudian, Ahmad Husni berkata kerajaan berharap dapat melaksanakan CBP pada pertengahan 2011 dan menjangkakan dapat meraih pendapatan RM13 bilion dalam tahun pertama pelaksanaannya berbanding RM12 bilion yang dikutip daripada cukai jualan dan cukai perkhidmatan sekarang.

Katanya sektor perniagaan dapat menjimatkan RM4.1 bilion dalam bentuk cukai manakala sektor eksport pula dijangka menjimatkan RM1.4 bilion.

"Tujuan utama kerajaan melaksanakan CBP ialah untuk menjadikan sistem percukaian lebih komprehensif, cekap, telus dan mesra perniagaan," katanya.

Ahmad Husni berkata kerajaan akan memberi pengecualian cukai itu bagi barang-barang perlu seperti produk pertanian termasuk padi dan sayur-sayuran serta bahan makanan utama seperti beras, gula, tepung, minyak masak, ikan, daging dan ayam agar ia tidak membebankan rakyat terutama golongan miskin dan yang berpendapatan rendah.

Beliau berkata CBP akan dapat mengurangkan amalan birokrasi dalam pengurusan dan pentadbiran sistem percukaian dan mengatasi kelemahan yang kini terdapat dalam cukai jualan dan perkhidmatan.

Ahmad Husni berkata syarikat yang berpendapatan RM500,000 dan ke bawah setahun akan dikecualikan daripada mengenakan CBP manakala 70 peratus daripada perusahaan kecil dan sederhana akan juga dikecualikan.

 

GST Boleh Dilaksana Kerana Cukai Jualan Dan Perkhidmatan Dihapuskan

"IN THEORY, EVEN THE CHILDREN OF THE HOLDERS OF THE IMM13 DOCUMENT TO APPLY AND BE ADMITTED TO THE BAR.

Legal profession precedent

Kota Kinabalu: The definition of who can practise law in Sabah saw a historic precedent being set Wednesday when the High Court here granted an application for admission by a 27-year-old Sabah-born as an advocate of the High Court of Sabah and Sarawak.

Judge Datuk Clement Skinner said the applicant, Wendy Chan Poh Lu, whose father is a Bruneian and mother a West Malaysian, is qualified to practise in the State because of her birth in Sabah, thus dismissing objections from a senior lawyer.

"I therefore dismiss the objection because by virtue of her birth in Sabah, she is deemed to have Sabah connections which is the sole criteria for admission as an advocate to the High Court in Sabah and Sarawak," he said.

Chan, who was born in Kota Kinabalu, stayed in the State until Primary 5 before moving with her parents to Brunei. She read law at Bond University in Queensland, Australia, and graduated in 2004 with a Bachelor of Laws and Postgraduate Diploma in Legal Training (Professional Legal Training) in 2008.

She did her chambering with Alex Pang & Co here this year. Counsel Puan Sri Marina Tiu, in proceeding with the objection from counsel Christina Liew, who was not robed and therefore could not appear before the court, contested that the applicant although born in Sabah is not entitled to a Malaysian citizenship and, therefore, not a Sabahan in particular.

"The petitioner's father is a Bruneian and not a Malaysian while the mother is a West Malaysian. Therefore, under the immigration law, the petitioner is in fact not entitled to a Malaysian citizenship, in general, and she is not a Sabahan in particular," said Tiu.

She argued that under the Advocates Ordinance, a person must have Sabah connection in order to qualify for admission to the Bar in the High Court of Sabah and Sarawak.

She also said the constitution provides as to who can stay and work in Sabah, and the fact of the person being born in the State alone should not qualify the person under sub-section (2)(a) of the Advocates Ordinance.

Tiu submitted that the objection is to protect the integrity of the Bar and to prevent fly-by-night lawyers from coming in to practise in Sabah but residing outside Sabah.

"If this petition were allowed, it would create a dangerous precedent which would allow non-citizens to apply and to be admitted to the Bar. In theory, even the children of the holders of the IMM13 document (which gives the holder a refugee status and gives the holder the right to stay and work) to apply and be admitted to the Bar.

"It's a matter of public concern because even an illegal immigrant who is born here and we have millions of immigrants here who can qualify under paragraph (2)(a) provided he also satisfies the other requirement in the Ordinance," said Tiu.

Meanwhile, Sabah Law Association President Datuk John Sikayun stated that they did not object to the application because on paper the applicant had complied with the requirements under the Advocates Ordinance that she was born in Sabah. Sikayun acknowledged the applicant is a holder of a Sabah identity card. But he expressed concern that the Advocates Ordinance is outdated and that it needs to be amended.

Under the provision of the present Advocates Ordinance of Sabah, the qualification to be admitted as an Advocate is that, the person applying must have connections.

Under Section 2 of the Ordinance, a person can only have Sabah connections if the person is born in Sabah, has been ordinarily resident in Sabah for a continuous period of five years or satisfies the Chief Judge that here or she is at the time of the application domiciled in Sabah.

In responding to Sikayun's submission, Skinner said the Sabah Advocates Ordinance was enacted in 1953 when it could not have been foreseen the problems which have been highlighted during the hearing of the present objection.

However, Skinner said: "It is my view that the remedy does not lie in this court but in the legislative process."

He earlier said that it is expressly stated in Section 2(2) of the Ordinance that a person "shall be deemed" to have Sabah connections if that person satisfies any of the three conditions.

"With this deeming provision, as the law stands at the moment, once a person is born in Sabah, he or she is deemed to have Sabah connections.

That is a statutory deeming and I see no further requirement that the person must go on further to prove that he or she is entitled to Malaysian citizenship.

"As far as being admitted to the Sabah Bar is concerned, once it is deemed that a person has Sabah connections, the requirement of Section 2 (2) have been satisfied," said Skinner.

Chan was among the 11 lawyers admitted as advocates of the High Court of Sabah and Sarawak.

The other ten were Doris Ng Chuan Rong, Feona @ Mechelle W. William, Jovena Lo Ziping, Sophie Lim Meow Yin, Chu Wen Ling, Rachel Jane Ongkili, Larina Wong Shiao Yee, Norlaily Anuar, Chong Chun Kiong and Zahrah Mohamed Fowzi, all of whose applications were not objected to by Sikayun and State Counsel Dayangku Fadzidah Hatun Pg Bagul of the State Attorney-General's Chambers.

DEFINITION USED BY THE STUDENT INTAKE MANAGEMENT DIVISION, HIGHER LEARNING DEPARTMENT AND HIGHER EDUCATION MINISTRY

Their definition is as follows:

• If either parent of a candidate is a Malay who is a Muslim/Orang Asli as defined in Article 160 (2) of the Federal Constitution, the child is considered a bumiputra.

• Sabah – If the father of the candidate is a Malay who is a Muslim/native of Sabah as defined by Article 161A(6)(a) of the Federal Constitution, the child is considered a bumiputra.

• Sarawak – If the father and mother is a native of Sarawak as defined under Article 161A(6)(b) of the Federal Constitution, the child is considered a bumiputra.

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The only way to clear the air is to amend the Federal Constitution.

“Article 161(A) of the Constitution has to be amended. The article says that in Sarawak, both parents have to be ‘exclusively’ a native,”

Native Court registrar Ronnie Edward