Malaysia

Territorial Sea Act limiting Sabah, S’wak waters unconstitutional: Kota Belud MP

Law was never approved by state assemblies, Conference of Rulers, says Isnaraissah Munirah Majilis

Updated 4 years ago · Published on 20 Sep 2021 9:29PM

Territorial Sea Act limiting Sabah, S’wak waters unconstitutional: Kota Belud MP
Kota Belud MP Isnaraissah Munirah Majilis says Sabah’s rights to catch fish and marine resources, minerals and tourism sites at sea has been limited by the Territorial Sea Act 2012 (Act 750). – Bernama pic, September 20, 2021

by Rebecca Chong

KOTA KINABALU – A Warisan MP is calling on all Sabah and Sarawak leaders to oppose the implementation of the Territorial Sea Act 2012 (Act 750). 

Kota Belud MP Isnaraissah Munirah Majilis said the law, which limits the territorial waters of both states to three nautical miles (5.56km), goes against the federal constitution.

She said the law never received the consent of the legislative assemblies in the East Malaysian states, as required under Article 2 of the constitution. 

“Article 2 of the federal constitution states that Parliament can change laws concerning territorial borders of any state, but such laws cannot be approved without the agreement of State Legislative Assembly and Conference of Rulers.

“Was the law ever approved by the Sabah assembly and Conference of Rulers? The answer is no. This clearly is a violation of the federal constitution,” Munirah said in debating the royal address in Parliament today.

Act 750 was originally implemented under the Emergency Ordinance (Essential Powers No. 7) in 1969 to stem the May 13 riots. Even though Sabah and Sarawak were spared the racial unrest, the legislation still included them under the Act.

However, in November of 2011, it was abolished due to opposition pressure in Parliament but it was reimplemented in 2012.

She said the Territorial Sea Act, which was implemented in 2012, has limited the territorial waters and subsoils of Sabah and Sarawak. 

Originally, the waters of Sabah extended up to the continental shelf, about 200 nautical miles (370km) off land.

“Sabah’s rights to catch fish and marine resources, minerals and tourism sites at sea was limited to only three nautical miles from shore,” she added. – The Vibes, September 20, 2021

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