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What could be the solution to return Sabah to the owner?
Leonardocaparas
Sabah problem is very old and mundane due to the weak leadership of the Royal Sultanate of Sulu and North Borneo in the past. The past leaders are not agile enough to see the perpetrators design to grab their land particularly the British Government and the Malaysian government. The new leadership under his HRH Sultan Esmail Kiram II has come out with the finality to pursue the proprietary ownership based on the legal documents they are holding. Proprietary property has nothing to do with politics and so Malaysia will have a hard time to politicize the proprietary property approach because what matter in claiming the property will be based on the legal documents presents.
The Royal Sultanate of Sulu and North Borneo leadership is not pushing Malaysia to return Sabah instantaneously, but bilateral talks and negotiation is a must to achieve the solution to the issues. His HRH Sultan Esmail D. Kiram has given a private company in Hongkong the authority and Decree to undertake the management ,development and whatever is necessary to undertake the audit , inventory and administration of Sabah island. The Hongkong Company will now legally pursue the issue of ownership , the issue of Malaysian occupation to the rented land and other matters of business in nature.
Malaysia must come to their senses because there is no way the Royal People of Sulu and North Borneo will let it forever. Malaysia has made so much money out of Sabah already for the past 47 years. The Malaysian Federal government is merely giving a 5% to the administration of the island plus the yearly rental of US$1,500 dollars and the rest is going to Federal Treasury. This is an outright insult to the public officials of Sabah and to the Royal Sulu and North Borneo people.Sabah is being left behind simply because Malaysia knew that sooner or later they have to talk to the owner while the people of Sabah are living in poverty, Malaysia is continually sucking all the resources and divert the money to their Federal treasury.
The issue of sovereignty can be addressed but the need of a sponsor country to elevate the matter to the United Nation General assembly is a must. should there be a serious sponsor country for the Royal Sultanate of Sulu and North Borneo kingdom , the issue of sovereignty can be easily address. Sponsor country in the sense will benefit to the relative developments and industry that will be develop collateral to the need of the kingdom. Energy development is prime development , China and Germany can sponsor to this and jointly develop the energy sector to ensure their growing economy can be sustained with energy.
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Will Malaysia return Sabah to the rightfull owner?
Returning Sabah may not be the issue for Malaysia, but the interest of Malaysia to Profit out of Sabah. It was said that the net profit of Malaysia to Sabah and Sarawak combined could be 40 to 50 % of their GNP . Looking closely , Malaysia will not let Sabah and Sarawak go off their hand without provocation of a probable war. However, the advent of modern advocacy under UN charters may put end to this long and standing problem of Sabah like Hongkong that was returned to China lately, Forfeiting the real owner of their rights as the legitimate and sovereign owner of the land, the Sultanate of Sulu is now at the mercy of the UN or any country that will sponsor the case against Malaysia. Many countries of the world now has managed to get away from their captors through the intervention of UN. The problem today of finding a sponsor country for the Sultanate remains unclear, since the Sultanate of Sulu has been stripped out of her Political power to become a member nation of UN.The only probable solution is to privately lodge a case to ICJ if will be permitted. To return Sabah to the Sultanate of Sulu is almost as impossible task but hope is still and miracle could happen only as an alternative.
Is there any other means to return Sabah to the owner?
Under the current political circumstances, there is no way that Malaysia will return Sabah to it's owner the Sultanate of Sulu. However, the emergence of international awareness in human rights sponsored by the UN could find it's way to solve the issue. Hongkong was returned to China which was rented 100 years ago, this is a clear evidence of possible return of Sabah to the Sultanate of Sulu in the same principle. The problem is neither the Sultanate of Sulu has the entity to represent their case to UN due to to their non-existence as political entity that was not supported in the jurisdiction of UN political diplomatic protocol. The only possible means is to proprietarily claim Sabah outside of the political clout to avoid the political sovereign issues involved.
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What is the legal basis of sabah claim by the sultanate of sulu?
Malaysia was formed and given independence by the British Government in 1963. The Sultanate of Sulu and North Borneo was also given by the British Government the 'Letter of Administration to Sabah, acknowledging all the property of the Sultanate of Sulu over Sabah in 1939. To the effect that 1939 is earlier than 1963 explicitly telling us which one is genuine and legal.Another striking solid and legal evidence of the Sabah ownership is the case filed by Indonesia to the United Nations to claim part of Sipadan,Sabah against Malaysia . The UN ruling under ICJ explicitly stated that Indonesia has no sovereign rights over Sipadan ,Sabah because it is owned by the Sultanate of Sulu under administration of Malaysia.Therefore, if Malaysia will not acknowledge the ownership by the Sultanate of Sulu over Sabah, Malaysia is directly violating ( for in fact being violated for 47 years) the UN sanctions over Sipadan, Sabah stating that the Sultanate of Sulu is the legitimate owner of Sabah.Moreover , if Malaysia will not acknowledge the 1939 High Court decision and the implementation of the 'Letter of Administration over Sabah that the Sultanate of Sulu is the owner of Sabah , Malaysia has to nullify their Independence given by the British Government in 1963 ,simply because it is the same government , the British Government who gave authority over the ownership of Sabah which is far earlier than their independence in 1963.The continued ignoring of Malaysia to this day of the rights to possessed the ownership, over Sabah by the Sultanate of Sulu Kingdom, creates a continuous anger on the part of the Sultanate people for prohibiting them ti live in their own land and even expulsing the people of the Sultanate living in Sabah today.
What is the proof that Sabah does not belong to Malaysia?
This is the logical proof that Sabah does not belong to Malaysia - Malaysia has manufacture the Cobbold Commission saying that the people of Sabah has wanted to be under them. The fact that the Federal Constitution of Malaysia does not say Sabah is part of Malaysia but under the administrative partnership in governance. All Malaysian Federation has a Sultan but Sabah has none because the Sultan Of Sabah and Sulu are one. If Sabah is part of Malaysia why different system is use not the approved Federal law of Malaysia. It is not clear until today the status of Sabah because Sabah did not join Malaysia ,it was included as a partner to Malaysia as Yong Teck Lee , president of SAPP always point out. The historical Proof that Sabah does not own by Malaysia - way back 1878 Sabah was Leased by a Private British Company ,the lease was transferred to the British Government without the consent of the owner ,The Sultanate of Sulu . In 1963 , the British transferred Sabah to Malaysia again without the consent of the owner. Never you can see in the original "Lease Contract of 1878" that the lease is transferrable nor British Government or Malaysia is mentioned as party or entity to the contract. Malaysia cannot just walk into the contract which was contracted even before they got their independence in 1963 The Legal Proof that Sabah does not belong to Malaysia -- in 1939 ,the high Court of North Borneo has come out with the Ruling that Sabah belongs to the Sultanate of Sulu . The letter of Administration was given authorizing the audit and inventory of the property to Datu Punjungan Kiram ,son of Sultan MawalilWasit, this Letter of Administration is signed by Judge McKaskie of the High Court of North Borneo.The High Court of NorthBorneo also identified the nine principal heis entitled to received the monetary rental. The Letter of Administration has never been implement ted to this day due to World war II and after the turmoils to the hierarchy to the throne but the monetary rental was served .
Who illegally occupied Sabah?
Malaysia is trying to argue that Sabah belongs to them based on the result of Cobbold Comission, the said Commission headed by Lord Cobbold clearly points out that party who has join the Federation of Malaysia are equal partners , this means even Sabah can object to the conjecture of the Federal conditions if the issues prior to their joining as a partner cannot be met. Sabah has expressed reservation as a conditional partner and not subservient to the Federal requirements. Now , the historical account can be considered as a data that tell us the situation based on actual account , if this is so we discount the gossip and hearsay since we have the proof of the historical account. Sabah or North Borneo was rented in 1878 by a private British company, the article of the Lease Contract of 1878 is very clear - it cannot be transferred to other company or country but will remain as long as the company exist. The company has been dissolved afterward but the Lease was transferred to the British government without the consent of the owner. The British government has also violated the Friendship treaty they made with the land owner of Sabah. This is already three counts of violation one by the private British company , two by accepting the illegal transfer by the British Government and three by violating the Friendship Treaty to the land owner. Neither the British government or Malaysia is a party or entity to the 'Lease Contract of 1878 ", this therefore a clear usurpation or landgrabbing case. Malaysia seek independence and when British empire gave them independence , Sabah was illegally occupied instead of returning to the land owner , the Royal Sultanate of Sulu and North Borneo. In 1939 the High Court of North borneo has given a Letter of Administration to Punjungan Kiram to administer Sabah but never implemented due to second world war , the scuffle in the hierarchy follows until the end of 2000 when HRH Sultan Esmail D. Kiram was coronated in 2001, the Sabah issue was raised. Today the legal issue of Sabah is on as the proprietary ownership of the kingdom . Malaysia may contend but illegally occupying Sabah is not a guarantee that they can own it, because the owner has no more political power to stand in tandem with their current power today.
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