SABAH Attorney-General Datuk Brenndon Soh reaffirmed that the state’s continental shelf rights are “non-negotiable,” following the High Court’s decision to reject Sabah’s request to act as amicus curiae (friend of the court) in a territorial waters case.
Soh stated that the Territorial Sea Act 2012 (TSA 2012) is inapplicable to Sabah, emphasising that the state’s continental shelf remains part of its territory, as declared by the 1954 North Borneo (Alteration of Boundaries) Order in Council.
This position was officially recorded during the MA63 Action Council meeting chaired by Prime Minister Datuk Seri Anwar Ibrahim on September 12.
“Although there has been significant progress under the MA63 Council on other state claims and rights, the TSA 2012 and continental shelf remain on the ‘agree to disagree’ list,” Soh said in a press statement.
“The Deputy Prime Minister has also stated that these matters will continue to be deliberated at the highest level between the Prime Minister, Chief Minister of Sabah, and Premier of Sarawak.”
Commenting on the High Court’s decision, Soh said, “We have the utmost respect for the ruling of the learned High Court Judge. However, we will continue to uphold the State Government’s stance on this issue.”
He explained that while the Sabah Action Body Advocating Rights (SABAR) had supported the state’s offer of assistance in the case, the Federal Attorney General objected to Sabah’s involvement.
“In any event, it is the court's discretion to determine whether our assistance is required or not in resolving the legal dispute between the parties. In this instance, the court decided otherwise,” Soh added.
Despite this setback, Soh reiterated the State Government’s commitment to providing its official legal views on the matter, which he described as being of public interest.
He assured that the State would closely monitor the developments of the case.
“The option for the State Government to intervene in the legal proceedings remains open, and this will be carefully considered along with other options, depending on the outcome of the MA63 Council’s deliberations on this issue,” he said.
Soh emphasised that all options will be thoroughly reviewed to protect Sabah’s territorial rights. – September 21, 2024
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