DAP fully supports PAS proposal for a suit to be filed against the federal government for ceding away the oil-rich offshore Blocks L and M in South China Sea

DAP fully supports the PAS proposal for a suit to be filed against the Federal Government for ceding away the oil-rich offshore Blocks L and M in South China Sea to protect the rights of future generations of Sarawakians, Sabahans and Malaysians.

Kelantan state councillor Husam Musa yesterday proposed a legal suit against the federal government for ceding away the oil-rich maritime boundary areas to Brunei.

DAP endorses Husam’s demands and calls on the Prime Minister to issue a White Paper pertaining to all the following issues:

• Reveal to the public all communiques between Putrajaya, Brunei, Sabah, Sarawak and national oil company Petronas pursuant to the ceding of the boundary areas.

• Report all decisions made by the cabinet about the matter.

• Convene a royal commission of inquiry to investigate the issue.

I suggest Husam head a Pakatan Rakyat special committee to prepare for such a suit against the Federal Government to obtain a declaration that the ceding of the boundary areas to Brunei is invalid and unconstitutional if Putrajaya refuses to be transparent and accountable for its actions and to furnish answers to the many questions about Malaysian sovereignty to Limbang as well as to the Blocks L and M.

I will propose the establishment of such a special committee headed by Husam at the next meeting of the Pakatan Rakyat leadership council.

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40 Replies to “DAP fully supports PAS proposal for a suit to be filed against the federal government for ceding away the oil-rich offshore Blocks L and M in South China Sea”

  1. Go for it ! Let’s see how impartial the judiciary really is on this matter of national interest.

    I really like the Dewan Negara speaker’s comment: “It is of national interest but it is not urgent” when declining the emergency debate on this issue.

  2. ///DAP fully supports the PAS proposal for a suit to be filed against the Federal Government for ceding away the oil-rich offshore Blocks L and M in South China Sea to protect the rights of future generations of Sarawakians, Sabahans and Malaysians./// (Kit)

    I agree so that those who are in power may not treat national resources, entrusted to them by the rakyat, as their grandfathers’ wealth.

  3. Sage, one serious question:
    Are international agreements concerning boundaries or ceding of territories but not ratified by Parliament/Congress recognisable, legal and enforceable?

    If we can be so tough when dealing with Singapore (Pulau Batu Putih) or even Indonesia (the Ambalat), why not do the same with Brunei? What is so special about Brunei? Why our leaders lover them so much?

  4. When a Prime Minister feels insecure of his position, he becomes desperate and confused. His sense of direction is impeded with the fear that others within his circle are clamouring and stabbing him from behind to dislodge his premiership. The uprising of the rakyat in the 12th GE tsunami indicates the hatred and distrust of his party and with visible signs indicating the fall of his party comes the 13th GE.

    In order to enhance and protect his position, the Prime Minister has to spend most of his time concentrating on political matters instead of performing his duty as the Prime Minister.

    1 Desperate & 1 Confused Prime Minister Of 1Malaysia

    GE 13 – Change The Federal Government No matter what, we must ensure that racist umno bn do not regain the power like they had for over the past fifty two years.

  5. Be warned: be prepared 4 riots when you challenge UmnoB/BN
    When they fail in their argument, they will bring out their trump card, just like Azhar Ibrahim did in d Pg state legislative assembly
    He warned dat there would be a repeat of d May 13 riots if d people lost confidence in d authorities
    Well, next week is May 13, 2010
    Very sad, right, after >50 years of existence, this nation is still stuck in racial riot mentality

  6. While actions have to be taken against Azhar, I object to Penang PR state assemblymen getting all worked up about it. It does not deserve that much attention. The man should be hit hard but giving him attention plays to his game.

    Repeat of May 13 – go ahead. Who is afraid of May 13? Its a myth that the Chinese were afraid of violence of May 13 which were not that much in the first place and that they feared repeat of violence or worst of May 13. The Chinese did not see the senseless lost of economics due to race problem and would tolerate for economic progress.

    So I say, go ahead. Repeat May 13. See if the same lies would work. See if how many people really believed all the lies that have been told for decades in the first place. We will see who pays the price. It will be UMNO/BN that will pay the price first and last…

  7. Publicly, Najib will rebuke Azhar Ibrahim. Privately, Moo Hee Din will give Azhar a pat on the back. You might even hear a public endorsement from Ibrahim Katak.

    UMNO is running this country into the ground. We have to stop them, whether it is over this stupeed sequence of events leading to territorial capitulation or over the usual theft of public funds.

  8. From Godfather above:
    “I really like the Dewan Negara speaker’s comment: “It is of national interest but it is not urgent” when declining the emergency debate on this issue.”

    Now I am beginning to understand what BN’s national priorities are:
    persecution of Teoh Beng Hock resulting in his death;
    prosecution of Anwar Ibrahim – damn the process, damn the evidence, damn all- Anwar must be incarcerated;
    punish the Rakyat with GST, but it’s ok to give away Blocks L and M?

    blah…blah….blah…..

    PAS, it’s time you go for BN’s jugular amongst the Malay electorate. The Rakyat is with u.

  9. Chengho is back to his nonsensical shit comments again.
    Kickdefella never accused Husam of cheating.
    Chengho tried to instigate kickdefella to hate me..few months ago..without realizing Sheih and me are close friends.
    This is the sickening Chengho…..never change at all.

  10. Ex Judge NH Chan has described the present crop of judges with words such as : pariahs, imbecile, idiots, unfit for the bench and more disparaging remarks which are fitting and justified.

    Against such a backdrop, what chance do we have of winning such a case against the govt? The judiciary is there to protect BN, nothing more. It does not know the meaning of justice.

  11. I am more cheesed off by the government’s secrecy over the matter as it really stinks. Why didn’t the government took the matter to the International Court of Justice, just as in the case of Pulau Batu Putih.

  12. …convene a RCI to investigate the issue..

    I am just wondering how many past RCIs have successfully served their purpose?

    I am not againts the RCI, but I only feel that it would be a waste of time and RM.

  13. The tak apa attitude style of Bolehland government had lost in the international court for Batu Putih and claim that is it a win-win conditions which is acceptable by BN.Now they ceded Block L and Block M in exchange Brunei claim over limbang.Malaysia boleh.

  14. For BN it’s like nice doing business with you folks, here’s two blocks, now show me the money! With this money, they live like king, they buy bullets for the policemen to shoot teenagers, Indians and what not, with pleasure.

  15. A HP6 government at its best …. sooner or later will sell the whole nation for a song.

    Sabah and Sarawak should get out as soon as possible, or risk being sold, like what P. Ramlee did to his father-in-law and his two brothers.

  16. johnnypok is like Rip Van Winkle…just woke up and talk “MALAYA” stuffs….now realized it is MALAYSIA…feeling uneasy…want MALAYA again…urging Sabah and Sarawak to pull out……so many times.
    This half drunk …half cracko is quoting P.Ramlee movie.
    So when we read him faarking UMNO..we keep quiet….but infact he wants MALAYSIA to become MALAYA..the most unstable …unreliable commentator. Al least we all know exactly who Chengho is.
    I think johnnypok…is trying to keep poking fire.
    Expect him to be “Johnny B good” ?
    This johnnypok is not a Malaysia…or a cracko..or a drunkard…or an idiotic youngster.
    But I think he is not a Malaysian….a sickening busy body. ..trying so hard to disunite the country.
    His backside itchy…needs care and attention.

  17. Lets see what Najib will do on this latest racist act from Perkesa.
    This so call Malay NGO…Perkesa burnt Zaid’s effigy outside PKR HQ and call him a traitor to the Malay race.
    NGOs all over the world…fights for freedom and justices with no race distinctions.
    In Malaysia…UMNO B protects the majority….the Malays…not enough. It needs Perkesa’s help…which Mahathir is so proud to support that group.
    NGO…means “Non Government Organisation”…and you can expect Mahathir….with his famous evil minded personality…to twist like a double headed snake…Perkesa is not supporting UMNO B…but defending Malays that need no defending at all…with all the powerful machinery under Najib…to defend…if needed to.
    When have we ever seem…….in the world.. a powerful government protecting his race…being bullied by minority?
    The fact is..Malays are split by Mahathir…and so an idea must come out…to upset it…in favour of UMNO B.
    It is a pure act to arouse hatred amongst Malays to start a riot.
    Make Malaysia..up side down…is the only way Mahathir can save UMNO B…and lets see Najib stand by his promises with his famous slogans.
    My guess is..he has no balls to offend Mahathir…for what Mahathir loves to support..which are all evil to Malaysians.

  18. Limbang and the oil-rich blocks L & M are two separate issues, though one was used to trade off against the other.

    Historically/legally Malaysia probably has better rights to Limbang were the case to go to International Court of Justice (ICJ). Originally Limbang was Brunei’s but from 1884 to 1890, the Limbang people revolted against the Sultan of Brunei and colonial power Britain annexed Limbang to Sarawak from which Malaysia claimed sovereignty when Sarawak joined Malaysia). Because of its strategic position Brunei not likely to give this up for nothing. Reportedly Malaysia ceded Limbang to Brunei in exchange for oil rich (RM320 billion) Blocks L & M with a sweetener arrangement that Petronas be allowed to jointly explore/benefit from them along with Brunei.

    TDM basically argues that both Limbang & Blocks L&M belong to Malaysia, giving oil rich Blocks L&M to Brunei in exchange for Limbang is therefore not right especially so when Brunei now claims she hasn’t relinquished a claim to Limbang.

    TDM’s argument (appealing to patriotism) implicates and intends to implicate the (present & past) government. This is because Tun Badawi allegedly made the “deal” with Brunei in March 2009 – via an exchange of letters between Malaysia and Brunei on March 16, 2009 – just before he retired as PM and claimed that was made with cabinet approval which included the then DPM not PM!

    TDM is right in only these limited senses: matters like these should be decided with full accountability to Parliament and people and not quietly via cabinet decision protected under OSA. Besides the circumstances are usual: normally when an outgoing PM is about to leave, with powers slipping away fast, he would not take on such momentous decision involving cessation of territories at the 11th hour. Also present govt seems to be wavering: it says that it has not ceded away Blocks L&M but is still working with Brunei on joint efforts to develop and exploit oil resources there.

    This is not that plausible, the reason being the production-sharing contracts covering Blocks L and M, were already awarded in 2003 to Petronas Carigali Sdn Bhd and Murphy Oil Corp. Why would these companies confirm that these production-sharing contracts have now been terminated if it were not true that Brunei has already taken over rights to Block L & M and now the main player to dictate who gets the replacement exploration contracts as part of the March 16 deal with the Malaysian Government???
    Having said this, it does not mean that TDM is necessarily right to say that Blocks L&M legally by international law definitely belong to Malaysia. What is correct to say that Malaysia has a claim over Blocks L&M and has better “effectivités” in international law. In international law jargon, where territories are in dispute the party that has acted in manner consistent with effective exercise of territorial sovereignty (or ““effectivités”) scores points ion its claim against the other. The ICJ concluded that on the basis of effectivités, “sovereignty over Pulau Ligitan and Pulau Sipadan belonged to Malaysia” instead of Indonesia. Likewise on same basis Pedra Branca belonged to Singapore than Malaysia.

  19. (Continuing) Malaysia has better effectivités over Blocks L & M because we claimed in 2003 that they belonged to us. That’s why the production-sharing contracts covering Blocks L and M were awarded by Petronas in 2003 to Petronas Carigali Sdn Bhd and Murphy Oil Corp. Petronas derived such rights from Malaysia govt’s assertion of Malaysia’s claim over Blocks L&M based on 200 nautical mile (nm) exclusive economic zone (EEZ) concept as codified in the 1982 United Nations Law of the Sea Convention (LOSC), alongside our claims to continental shelf extending beyond the 200 nm limit under our Continental Shelf Act 1966 relating to exploration.

    However Continental Shelf Act is just domestic legislation governing exploring & royalty rights between states and Federal Government to which another sovereign nation like Brunei has neither interest nor is bound by. Brunei too could as Malaysia claim rights to Blocks L&M based on exclusive economic zone (EEZ) concept as codified in LOSC, which I presume its signatory. Where does that get us? War or peaceful resolution via ICJ? The latter process is protracted but what is more important is that its unclear which country has better rights though Malaysia has better effectivités because of the award of production-sharing contracts covering Blocks L and M in 2003 to Petronas Carigali Sdn Bhd and Murphy Oil Corp, which again I presume Brunei had not protested officially or diplomatically (I could be wrong here).

    Suffice to say the third method of resolving such dispute over economic zones in the sea lacking clear benchmarks – besides war or ICJ – is a maritime joint development zone (“MJD”) instead of a formal boundary line. This could represent a viable alternative and means to cooperatively access the desired resources without prejudice to either side’s claims and without undue delay, thus effectively shelving the boundary and territorial dispute. As both sides get the lollies who would be worse off? MJD is a practical third alternative which was what Badawi administration had done. It matters not in such circumstances who “in name” says it owns the disputed maritime territory. Brunei now says it owns them – that’s why production-sharing contracts covering Blocks L and M in 2003 to Petronas Carigali Sdn Bhd and Murphy Oil Corp are rescinded to pave way for “replacement” contracts. But just as easily when this issue riding on “patriotism” is kicked up by TDM, our PM denied that they were ceded away, or more specifically Malaysia has relinquished our claims to Blocks L&M. Brunei is so far keeping quiet wondering what’s the big deal, as far as it is concerned, Brunei owns them. That’s why again Brunei re-designates the description of these blocks. Brunei is confident because it is backed by exchange of letters between Malaysian and Brunei governments on March 16, 2009.

  20. (Continuing) In international law it means that legally Blocks L&M now belong to Brunei because Malaysian government/cabinet then decided to relinquish our tentative claims in favour of Brunei and what Malaysian Cabinet/govt did in 2003 binds Malaysia!

    In effective terms we accepted the inevitability of a maritime joint development zone or MJD in these blocks in which it does not matter that Brunei now claims better rights in international law: as trade off, the friendly neighbour stops haranguing us on Limbang that wedges Brunei into two parts!
    If we were to fight with Brunei over Blocks L&M in ICJ it does not necessarily mean we will win though our chances are OK as we have in a sense better effectivités as earlier mentioned and assumed.

    However ICJ is protracted procedure with no assurance of winning, better effectivités notwithstanding: so why not “share share” on “win win” giving up claims to L&M that we’re mnot very certain for sure for certainty of Limbang once and for all???

    In the absence any proof of corruption one could not fault in practical sense the deal made by Malaysian govt though we may fault its secrecy and lack of public transparency of it in 2009 which may in turn make people to suspect it (corruption).

    TDM is kicking up the issue now as if he as Petronas advisor didn’t know about the deal in 2009??? As usual he plays on “patriotism” knowing the negative political effects on both Pak Lah & Najib! He’s up to something but in that something he has become an Opposition’s ally on this issue to pressure the government on accountability and transparency.

  21. Sage, what if we take the position that we are not negotiating L and M and also Limbang? If Brunei wants to talk, let’s engage them to endless talks. Sovereign states got all the time in the world. Why must we solve the problem when the problem is not with us? Even Sipadan and Litigan should NOT have been referred to ICJ. We won, of course, on hindsight, was correct decision. What if we have lost that case. Can you imagine giving islands that were already under our control and administration? I think our top echelon are nincompoops.
    How can we let a ball size country to dictate so much to us, unless we are stupid or corrupted to the core? The ball refers to the size country, not the resident odd ball.

  22. Now that the Federal government has traded L&M oil blocks to Brunei in exchange of Limbang. What’s next,is the Philipine’s claim for Sabah. I hope the Central government this time would not trade ofSabah’s Kudat Division in exchange that the Philipine Government would recognize Malaysia,

  23. ///If Brunei wants to talk, let’s engage them to endless talks///

    The Money Factor: the sooner resolution by 50% sharing – win win for all to explore and extract oil from Blocks L&M quickly – so as to make the money earlier whilst world oil prices are still OK. Besides Malaysia (more than Brunei) needs money (raising GST and all that). Malaysia’s debt to GDP ratio (at 70%)?) is below that of the PIGS, it isn’t far off either.

  24. We shouldn’t be too happy to jump at something raised by TDM. Esp Patriotiosm blah! blah! blah! e is not telling the whole story. And maybe has an agenda. Our politicians dare not antagonise him. He has long elephant memory and some clout, even after leaving office. At his age he probably likes to see someone more deferential and less independent takes over as soon as possible to pave way for extended legacy… This present episode kicked up puts lots of pressure on previous and present No. 1.

  25. Our Sucker, Hanjin Chengho.

    Can you tell me why your master, BN/UMNO, keep craping out???
    1) PKFZ Billion Dollars scandal
    2) Kelantan Stadium roof collapsed after one year with RM$850millions
    3) Billion Dollars Submarines cannot dive?
    4) Fighter jet Engines stolen
    5) TBH came out as dead corpse?
    6) Recent police shot death 15yrs old student!
    7) Perak state government formed by forcing and snatching…
    8) 1Malaysia crapped out by most UMNO
    9) All*h issue unsettled via inter-faith religious meeting?
    10) Island gave away to Singapore
    11) Oil wells signed off to Brunei
    12) and so many fucks so many sucks….

  26. Our Succker, Hanjin Chengho.

    Can you tell me why your master, BN/UMNO, keep craping out???
    1) PKFZ Billion Dollars scandal
    2) Kelantan Stadium roof collapsed after one year with RM$850millions
    3) Billion Dollars Submarines cannot dive?
    4) Fighter jet Engines stolen
    5) TBH came out MCAA Building as dead corpse?
    6) Recent police shot death 15yrs old student!
    7) Perak state government formed by forcing and snatching…
    8) 1Malaysia crapped out by most UMNO
    9) All*h issue unsettled via inter-faith religious meeting?
    10) Island gave away to Singapore
    11) Oil wells signed off to Brunei
    12) and so many fcuks so many sucks….

  27. ///…ceding away the oil-rich offshore Blocks L and M….///

    That is only TDM’s interpretation. Or spin if you have it.

    “Cede” in our context means to yield sovereignty or surrender possession of physical territories, whether land locked like Limbang or islands like Pulau Ligitan, Pulau Sipadan or Pedra Branca…

    How can you “cede” a certain portion of the South China Seas that never belonged to you in the first place???

    One can’t give up – cede – something that never was within one’s physical territory.

    Agreed: one can give up a “claim” of rights to exploit certain areas of the sea bed based on 200 nautical mile (nm) exclusive economic zone (EEZ) concept as codified in the 1982 United Nations Law of the Sea Convention (LOSC).

    But thats understandable in sense that when one talks of 200 nautical mile (nm) exclusive economic zone (EEZ) concept as codified in the 1982 LOSC its clear cut for litoral (coastal) states facing wide Pacific or Atlantic oceans but when one talks of a smaller sea like South China Sea bordered by the coastal states that are nearby to each other, either side by side and facing each other across the waters not less than 400 nautical miles wide, imagine every country from Phillippines, Vietnam Brunei Malaysia Indonesia Thailand each staking right to claim 20 nautical miles from their coast lines??? Its sure to inter-sect : so who has better rights?

    Its ingenuity of TDM that he could “appeal to patriotism, and present the relinguishing of such a claim (a contested claim at that) far out at sea (at Blocks L&M) as if it were the same platform as giving away a physical territory like (say) Singapore Island or Limbang or some island like Pedra Branca…

    Its obvious the situations of compromising one’s claim/stake at sea and giving away physical territory within one’s national boundaries are not the same – easily packaged as traitoriously surrending one’s sovereignty and national integrity…..

  28. ///What is correct to say that Malaysia has a claim over Blocks L&M and has better “effectivités” in international law. In international law jargon, where territories are in dispute the party that has acted in manner consistent with effective exercise of territorial sovereignty (or ““effectivités”) scores points in its claim against the other. ///– Jeffrey

    It is true that Malaysia had claimed blocks L and M, but whether it has a claim on them is another matter.

    ‘Effectivites’ only respects the action when the dispute was not covered in any treaty. Action after the 1982 when the United Nations LOS came into effect could not be offered the advantage for ‘first come first serve’ principle.

    The claims laid in 2003 was nothing more than a bullying tactic. Brunei did not respond knowing that she is protected. Indonesia might take a differnt stand under similar circumsatnces.

    Commercial development of the two block did not translate into equal share of the proceeds. Petronas has a contract to produce oil in Iraq of some one million barrels a day. The fee was about US 1 a barrel. Malaysia should thank Brunei for her generosity in agreeing to work with Petronas. Has Brunei worked out a scheme to ensure that the accounting is trustworthy? She is quite brave to do business with Malaysia!

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