Sunday, 13 January 2013

1974年石油发展法令 // Petroleum Development Act 1974




According to the Federal and State Constitutions, it was agreed that land and all that is in and under it belongs to the State and not the Federal Government. The state decides on what happens to their land, forest, plantation, petroleum, and whatever resources found in the ground, on the ground, and offshore. Kota Kinabalu Member of Parliament Hiew King Cheu had search into various related documents and he feels that some vital information should be disclosed in order to straighten up matter concerning the series of changes involving our precious “Black Gold”.



根据联邦和各州的宪法,一致认为各州属的土地和所有在其中的都属于该州,而不属于联邦政府。那就是说各州属有全权以决定有关其土地,森林,园丘,石油和所有的资源,无论是在陆上或其海域区内。 亚庇国会议员邱庆洲在阅读相关的文件发现其中有许多重要的信息应该披露让大家更加清楚知道,有关我们所拥有的天然资产的权益,这也包括我们的珍贵的“黑金”课题


之前所签署的联邦协议,石油权并没有纳入在马来西亚协议里,结果东马的石油权是没有归纳于联邦宪法之下。  当时也没有料到有一天西马半岛有发现石油,而当时在1910年东马也发现石油,并开始采掘和从中获益

根据联邦协议,石油是属于州属的,这就是为何前首相敦拉萨指示东姑拉沙里(Tengku Razaleigh)前来修订一道新法令草案。

唯一能够让联邦政府接管州属的石油和天然气,最佳的方式就是修订一道新法令,以让他们能够控制石油的开采。 如果不修订新法令,联邦政府是无法触及属于东马的石油和天然气,因为根据联邦协议,该天然资源是100%属于沙巴州和砂劳越州。

邱氏说,1974年石油发展法令允许了联邦政府可以单方面修改联邦协议内定下的条款。 任何协议通常是需要各方的同意才可修定该协议的内容。 如今依照新法令,造成了只有单方面就可做出修改,而其他被迫保持沉默

该法令赋予的拥有权,权力,自由和特权,国家石油公司应该向联邦政府和州政府以现金支付有关方面的分享款项,此外应当成立国家石油咨询委员会,由首相委任州的代表出任委员。

当然,不是所有在沙巴的人都同意这项联邦协议的新条例。 在国油成立之前,沙巴和砂捞越是控制了100%的石油生产。 因此,他们不同意把石油的生产移交给当时成立了13年的马来西亚联邦政府

在拜林吉丁岸的见证之下,拿督哈里士与国油签署石油分享合约,并接受5%的现金分享额,并移交沙巴的石油拥有权于国油。 此外还进一步同意放弃沙巴州政府土地条例第242)的土地权和税收的权力。

以此看来,联邦政府实际上已经得到及控制了95%在沙巴的石油权益。他们只让沙巴得到区区5%的石油分享额。  1976国油和沙巴州之间签署附加协议,规定5%的分享额是以现金支付,每年两次在三月和九月间支付。  其他州属如吉兰丹反而是0%,而登嘉楼只被给予形式上一点点的可怜金额

国油公司是由国阵政府所成立,并拥有全国所有的石油权,而只有首相才能决定如何被分享。 同时也只有首相才能够批准和授权成立与石油相关的工业。

邱氏说,“从中大家能洞悉到为何国阵不能在下届大选中落败!”

联邦协议之下和根据1974年的石油发展法令条例,国油的权力,自由和特权是不能在法庭中被挑战的

实际上1974年石油发展法令应当不能给于通过,因为根据联邦协议,沙巴州所发现的石油是100%属于沙巴,联邦政府是不能沙巴人的手中拿走。

邱庆洲说,如果沙巴人民希望能够得到更多珍贵“黑金”的利益,让他们摆脱贫困,并享受繁荣和发展,唯一的办法就是透过民联新政府做出修正,让沙巴州享有更多的石油分享额

邱庆洲-亚庇国会议员

Petroleum Development Act 1974

According to the Federal and State Constitutions, it was agreed that land and all that is in and under it belongs to the State and not the Federal Government. The state decides on what happens to their land, forest, plantation, petroleum, and whatever resources found in the ground, on the ground, and offshore. Kota Kinabalu Member of Parliament Hiew King Cheu had search into various related documents and he feels that some vital information should be disclosed in order to straighten up matter concerning the series of changes involving our precious “Black Gold”.

When the Federation Agreement was drawn up, the subject of the ownership of petroleum was not thought of in the Malaysia Agreement, with the result that no safeguards were written into the Constitution of the Federation of Malaysia on the ownership of oil found in the two East Malaysian states.  No one expected that one day the Peninsula Malaysia states would discover oil – although oil was already discovered in East Malaysia and had benefited the states since its extraction that started in 1910.

Under the Federation Agreement, petroleum belongs to the state and that was why the ex-PM Tun Razak instructed Tengku Razaleigh to come out with the draft of a new law.

The only way the Federal government could take over the rights of the oil and gas would be to come out with a new law that allowed them to do so. If not it would be illegal for the Federal government to touch the oil and gas found in the East Malaysian states, and it belonged 100% to the state.

Hiew said this new law or Act called the Petroleum Development Act 1974 allowed the Federal government to unilaterally amend the terms of the Federation Agreement. Normally it requires all parties to the Agreement to agree to any amendment to that Agreement before it can be amended. In this case, only one party made the changes (unilaterally) and the other parties were forced to remain silent.

In return for the ownership and the rights, powers, liberties and privileges vested in it by virtue of this Act, Petronas shall make to the Federal government and the government of the relevant state such cash payment as may be agreed between the parties concerned. And there shall be established a Council to be known as the National Petroleum Advisory Council consisting of such persons including those from the relevant states as the Prime Minister may appoint.

Of course, in Sabah, not all parties initially agreed to these new amendments to the Federation Agreement. Sabah and Sarawak had 100% control of their oil production long before Petronas was incorporated. Therefore, they did not agree to ‘hand over’ their oil to the Federal government 13 years after forming Malaysia together.

Datuk Harris Salleh, witnessed by Joseph Pairin Kitingan, signed the Agreement with Petronas to accept 5% cash payment for the surrender of ownership rights of the Sabah petroleum to Petronas, and further agreeing to waive or reject the collection of royalties that were the rights of the Sabah government under Section 24(2) of the Sabah Land Ordinance.

But the Federal government did not take everything, they just grabbed 95%. They agreed to leave 5% for the state. The 1976 Supplementary Agreement that was signed between Petronas and Sabah stipulated that the 5% will be paid in cash twice a year, in March and September of every year, and that it will be called Royalty.  Unfortunately, Kelantan was given nothing and Terengganu was granted with a pity token sum only.

Petronas, is a creature of the ruling BN government, which is the owner of all the oil in the country, and the Prime Minister decides on how the cake is to be shared. The Prime Minister’s permission, approval and delegation are required for all upstream and downstream activities and operations.

“Now we know why the BN cannot afford to lose the next general election!” said Hiew.

With Petronas being granted the rights, powers, liberties and privileges in respect to petroleum under the Federation Agreement, the distressing part is that the Petroleum Development Act 1974 itself cannot be challenged in a court of law.

The Petroleum Development act 1974 should not have even been passed in the first place because according to the Federation Agreement 100% of the petroleum found in Sabah belongs to Sabah, and the Federal government should not have taken it away from Sabah.

If the Sabahans want to see more share of their precious “Black-Gold” which can relief them from poverty and to enjoy prosperity and development in the state, the only way out is to repeal this Act in Parliament through  a new government.

Hiew King Cheu, KK MP