Tuesday, 30 April 2013

“BN has failed the Sabahans” series for GE 2013- Case 2 – Petroleum // 大选文告系列二 “国阵已让沙巴人彻底失望” – 石油




此大选文告系列是由路阳候选人邱庆洲发出,旨在要告诉选民国阵已让沙巴人彻底失望。马来西亚让国阵连续执政超过50年。而沙巴州四届的政府都是由国阵的成员党执政。然而国阵联邦及州政府的无能管制之下,情况已是日况益下。 世界银行的报告指出沙巴从最富有的州属之一成为最贫穷的一州,这显示出国阵的无能。



This is a series of articles by the Luyang candidate, Hiew King Cheu, to point out why Barisan Nasional (BN) has failed the Sabahans. The people of Malaysia have given BN more than 50 years of continuous rule. In Sabah, there were four governments which were in one way or another aligned to BN that had resulted to Sabah from being one of the richest states to become one of the poorest states today as reported by the World Bank. What have gone wrong?


Case 2 – Petroleum

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, timber, plantation, petroleum, and whatever mineral resources in the ground, on the ground, and offshore.

Under the Federation Agreement, petroleum belongs to the state and that was why Tun Razak instructed Tengku Razaleigh to come out with the draft of a new law in 1974.

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 allows them to do so. Otherwise, it would be illegal for the Federal government to touch the oil and gas. It belongs 100% to the state.

And this new law or Act called the Petroleum Development Act 1974 allowed the Federal government to unilaterally amend the terms of the Federation Agreement.

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 establish 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 joining Malaysia.

In 1974, Tun Mustapha refused to comply unless Sabah gets at least a big percentage share of the petroleum revenue. He was removed from power by the Federal-backed Berjaya. By then, the electorate was so blinded with anger towards Mustapha due to his excesses, punitive policies and extravagance.

Invariably, a “backroom deal” was hatched. In 1976, after Berjaya won, Tun Fuad Stephens refused a 5% cash consideration in return for vesting Sabah petroleum rights to Petronas. Tun Fuad Stephens and other members of his cabinet mysteriously died in a plane crash, the “Double Six” incident that was never explained until today.


Datuk Harris Salleh, witnessed by Joseph Pairin Kitingan, signed the Agreement with Petronas. In Harris’ own admission, it appeared that in haste he was coerced into signing the Agreement just eight days after the plane crash to accept 5% cash payment as compensation for the surrender of ownership rights of the Sabah petroleum vested 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.

Even though the Federal government did not take everything, they grabbed 95% and left only 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.

Petronas, is a creature of the ruling government, which is the owner of all the oil in the country and the Prime Minister decides 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. So now you know why the BN cannot afford to lose the 13th general election!

All the states were forced against their will to sign the Agreement with Petronas – although the Federation Agreement, which was the basis of the states merging into a Federation, was being grossly violated. The distressing part is 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 in Sabah belongs to Sabah and the Federal government should not have taken it away from Sabah.

The 13th General Elections are the only way the people of Sabah and Malaysia can exercise their right to appoint the righteous representatives to amend, pass and execute the right laws and legislations for the people. In this case the Petroleum Development Act 1974 had not been fair to the people of Sabah. The PM is the sole decision maker in the way the wealth from our mother earth has been distributed in the past. In our march to Putrajaya we must ensure that our representation in Parliament and the PM be changed for the development and prosperity of the Sabah, in particular and Malaysia, in general. To be fair to the people, the only alternative is to amend this Act, because this particular Act has not been at all fair to the people of the Sabah which is producing much petroleum.


Hiew King Cheu
Calon N16 Luyang


大选文告系列二 “国阵已让沙巴人彻底失望” – 石油

此大选文告系列是由路阳候选人邱庆洲发出,旨在要告诉选民国阵已让沙巴人彻底失望。马来西亚让国阵连续执政超过50年。而沙巴州四届的政府都是由国阵的成员党执政。然而国阵联邦及州政府的无能管制之下,情况已是日况益下。 世界银行的报告指出沙巴从最富有的州属之一成为最贫穷的一州,这显示出国阵的无能。

系列之2 - 石油

根据联邦和州宪法,都承认各州属的土地和所有的天然资源是属于州属的,并不属于联邦。 各州自己决定如何去发展自身的土地和资源,包括木材业,种植业,石油和其他天然矿物,无论是在地底和海底。

根据联盟协议,石油是属于州属的而联邦不能干预,为了获得沙州石油权,因此在1974前首相敦拉萨指示东姑拉沙里拟出一项新的法令草案。

因为只有成立该项新法令,联邦政府才能接管沙州的石油和天然气,并拥有控制权。 否则联邦是无法碰触沙州的石油和天然气。 因为该天然资源是原本100%属于沙州。

这项新法令被称为‘1974年石油发展法令’,同时也允许联邦政府可以在单方面修改该联邦协议的条款。

石油的拥有权就凭此法令赋予的特权都归于马来西亚国家​​石油公司,并且是直属联邦政府之下,沙州政府所分得的利润则是根据双方所同意和签属的合约条件。 此外还设立了国家石油咨询委员会以监督其发展,该委员会的成员包括来自首相署的官员。

其实有些沙巴政党是不接受也不认同该联邦协议。 因为沙巴和砂捞越在很久以前就拥有100%的石油控制权。 因此他们当时虽然连同成立马来西亚已13年,但他们都不同意交出石油控制权。

1974年敦穆斯姆达化拒绝签署合约,并坚持沙巴应获得石油收入更大的分享额。 因此导致他被联邦方面所支持的人民党踢出局。 当时的选民都被蒙蔽事实,导致他们非常不满穆斯姆达化,并认为他行为太过激进,加上不良政策方针和铺张浪费。

然而不变的是“密室交易”终于得逞。 在1976年,人民党成功成为政府,而敦法史提文拒绝联邦分配给沙巴5%的石油开采分享额。 可能因为如此,就发生了敦法史提文和其他内阁成员飞机失事的事件,直到今天的“六六”事件之谜迄今都没有任何解答。

拿督哈里士斯代表沙州与国油公司签署了该协议,当时是由约瑟拜林在现场见证。 哈里士自己也承认,当时似乎很草率的被裹挟签订该沙巴石油协议,和接受5%的现金支付,并进一步同意放弃或拒绝收取 “根据沙巴州政府条例第242)沙巴土地条例的税收权益,这项签署是发生在飞机坠毁后的第八天。

尽管联邦政府没有拿完全部的权益,他们却拿了95%,只给沙巴5%而已。 在1976年签订的附加协议,国油公司和沙巴政府之间规定的5%将会以现金支付,每年两次,付款日期是在3月和9月,这被称为石油分享税。

国油是国阵的工具,而从石油所得到的利润将由首相决定如何分配。 此外石油利润的权限,审批和授权以及所有上游和下游发展业都由首相决定和安排。所以现在大家知道为何国阵是不能输掉这第13届的大选!