no question of secession?

Kota Kinabalu (Daily Express): There is no question of secession from Malaysia as the States cannot withdraw from the Federation. Prof. Dr Shad Saleem Faruqi from the Faculty of Law, Universiti Teknologi Mara (UiTM) said joining a federation is irrevocable. "No question of secession, not even through a referendum. It has to be done by amendments of the law. Bringing your grouses to the court is another matter but seceding is a totally different thing," he said, Saturday, after the Question and Answer (Q & A) session at the Seminar on the Formation of Malaysia and the Constitutional Rights of the States of Sabah & Sarawak under the Federal Constitution. Earlier, in response to Sabah Progressive Party (SAPP) President Datuk Yong Teck Lee's query, Prof. Faruqi said the right to join and secede is quite unusual and this will not be allowed to happen. "It's unlike the situation in a confederation where component states have the right to withdraw. But the states in a Federation cannot do so. The European Union (EU) and Association of Southeast Asian Nations (Asean) are confederations." He quipped that perhaps in 1963 when the lawyers drafted the Malaysia Agreement, they should have gone for a confederation to cast their destiny vis-Æ-vis the federation. "But this was not done. Now you have no right to secede." He also clarified that Singapore did not withdraw from the Federation of Malaysia. "It was expelled but said to have withdrawn as a matter of courtesy." Yong contended that despite Sabah's special provisions in the area of immigration, the uncontrolled influx of illegal immigrants has enabled them to become Malaysians and Sabahans. "And they have become very much Bumiputras, overtaking non-Bumiputras. Is there a legal remedy over this issue?" he asked. In response, Prof. Faruqi described it as an intra-state dispute, saying any effort to seek a declaration in court might not be favourable as it would give the indication that the people are troubled. He, however, suggested seeking international precedence. "Regions within a country have gone to the United Nations or United Nations agencies to seek redress." While conceding that the special position of Sabah and Sarawak has been observed in that immigration lies in the hands of the two states, Prof. Faruqi noted that the law relating to immigration has been undermined by the influx of illegal immigrants to Sabah. "It has been undermined by closing one eye, two eyes, three eyes, all three eyes. It is clear for everyone to see like an elephant in the sitting-room." On Cash President Datuk Patrick Sindu's call for a referendum to review the provisions accorded to Sabah (and Sarawak) in the Malaysia Agreement (which became the Malaysia Act), which should have been done 10 years after the formation of Malaysia, Prof Faruqi said referendums have no legal effect. Sindu claimed there has been a breach of the agreement. "However, they have a political effect. You can have a referendum tomorrow to repeal the ISA. That does not mean the ISA is repealed. The law is passed in accordance with the law." Former Parti Bersatu Sabah (PBS) Supreme Council member, Dr Chong Eng Leong stressed that Sabah and Sarawak are supposed to be equal partners in the Federation. "But now the perception in Sabah is that the beginning was good but after 1965, we have a sense of being cheated." Referring to Article 161E of the Federal Constitution (Safeguards for constitutional position of Sabah and Sarawak), Prof Faruqi said there should be no amendment to the constitution as regards the quota of members of the House of Representatives (Dewan Rakyat) allocated to the two states. On claims from the floor that the rights of Sabah and Sarawak have been eroded over the years, he said maybe, they can apply for a declaration in the court in seeking to protect the proportion of their quota in Parliament, which has been affected by subsequent amendments to the constitution. "It seems Sabah and Sarawak have a lot of cases to keep the Federal Court busy," he quipped. To Dr Chong's contention that there is no increase in the number of Members of Parliament (MPs) for Sabah and Sarawak, lawyer Sukumaran Vanugopal who chaired the Q & A session argued that what is more important is whether the MPs are willing to stand up for the people's rights and speak up for them in the Parliament. "As it is, the party whip system requires MPs to toe the line of the Federal Government. This is the dilemma facing Mps." Former MP and Senator Datuk Hj Karim Ghani drew laughter when he said leaders at the time of the formation of Malaysia allowed themselves to be punched on the nose. "When Tengku Abdul Rahman proposed the formation of Malaysia, it was to comprise four different nations. We (then North Borneo) were poor and undeveloped but we had hoped to be rich and developed like Semenanjung as we are equal components. "When Singapore withdrew from the federation, our share of wealth should have been upped going by 100 per cent for three nations; instead our (Sabah's) share dropped to 7.6 per cent. Who stole the other 25 per cent? We (Sabah) are the poorest nation now, most undeveloped," lamented the former interpreter for the Cobbold Commission which visited North Borneo (now Sabah). Karim said leaders had failed to speak with one voice in terms of Sabah's rights and share of wealth and resources. "We were disunited, we did not speak up, so after 45 years, the promise of good things had failed." In his opinion, leaders who insist on Aug. 31 being recognised as Malaysia Day want Sabah and Sarawak to feel that they joined Malaysia and did not form Malaysia. Member of Parliament for Kimanis, Datuk Anifah Aman concurred with Karim on the "nose-punching" act, saying "It is largely our fault and due to the divide and rule concept." The seminar also heard that while Sabah and Sarawak have been granted immigration powers, the Minister of Home Affairs has the right to grant citizenship, which is not to be challenged in a court of law. "The conflict here in Sabah is that we don't have the right to say who should be citizens. The State Director of Immigration is not answerable to the Chief Minister of Sabah but to the Director-General of Immigration, Malaysia. "Loyalty must be to the Sabah State Government. Hence the Director of the National Registration Department and Director of Immigration should be a Sabahan," Anifah pointed out. On his travels to 32 countries, Anifah noted that none of the ambassadors or high commissioners in those nations were Sabahans. On the PTI (Pendatang Tanpa Izin) problem, he said we had let them punch our nose for so long. "By now, we realised that our powers had been taken away, and therefore, we are left with a lot of (waste). I regret mostÉwe have not done justice, we have not served our people well. "We allowed ourselves to be exploited. The first fundamental thing is to protect the interests of Sabah. However, we won't achieve this despite what the Constitution says. When we point this out, other MPs criticise us, so how can we achieve our effort (to protect the interests) which also calls for the will and understanding of Sabah people." At this juncture, Vanugopal said according to the Immigration Act, the Director-General of Immigration is to listen to the directives issued by the State authority. "In the light of what has happened, it boils down to enforcement of provisions in the law." The one-day seminar was jointly organised by the Council of Justices of the Peace Sabah (MAJAPS) headed by Datuk Clarence Bongkos Malakun and Sabah Law Association led by Datuk John Sikayun at Pacific Sutera Hotel here. Minister in the Prime Minister's Department, Tan Sri Bernard Dompok officiated at the seminar.
babuk	The Professor surely will sound deiffrently if he is Orang asal from Sabah or sarawak. Funnily too (pov of ordinary citizen) he stated that the law is eternally irrevocable simply for the reasons that a gropu of human being, ie our forefathers and greed and sign a paper, therefore, their generation are not allow to change their mind. He makes it as if the law was decreed in heaven and thus a great sin to go against it.The sins of our forefathers is now upon our shoulders! how ridiculous. We are responsible for our own sins becos of whatever choice we made. How cn we cannot think and choose to have the law altered if when the law ifself is man made. saya Ini cakap orang jalanan saja bukan loyar
Wed Sep 17, 2008 1:17 pm
postreader	his-story This article should be an eye opener for us the natives of Borneo.sometimes i wonder if our politicians or voted representatives read this kind of stuff or not.they should be ashamed of themselves for not taking the initiatives to bring about changes for the good of their own kind.could it be that their pockets barks louder than their conscience?In God we trust the rest is all cash? Where are all our king makers?.....you have the bargaining power now so put it to good use.
Thu Sep 18, 2008 2:21 am

believe it or not?...you better believe

DID YOU KNOW THESE FACTS?
I SURE DIDN'T TILL NOW
Death is certain but the Bible speaks about untimely death!

Make a personal reflection about this.....
Very interesting, read until the end.....
It is written in the Bible (Galatians 6:7):
'Be not deceived; God is not mocked:
for whatsoever a man sow,
that shall he also reap.

Here are some men and women
who mocked God :

John Lennon (Singer):
Some years before, during his interview with an American Magazine, he said:

'Christianity will end, it will disappear.

I do not have to argue about
that. I am certain.

Jesus was ok, but his subjects were too simple, today we are more famous than Him' (1966).

Lennon, after saying that the Beatles were more famous than Jesus Christ, was shot six times.

Tancredo Neves (President of Brazil ):

During the Presidential campaign, he said if he got 500,000 votes from his party, not even God would remove him from Presidency.

Sure he got the votes, but he got sick a day before being made President, then he died.

Cazuza (Bi-sexual Brazilian composer, singer and poet):
During A show in Canecio ( Rio de Janeiro ),
while smoking his cigarette, he puffed out some smoke into the air and said:'God, that's for you.'

He died at the age of 32 of LUNG CANCER in a horrible manner.

The man who built the Titanic

After the construction of Titanic, a reporter asked him how safe the Titanic would be.
With an ironic tone he said:
'Not even God can sink it'

The result: I think you all know what happened to the Titanic

Marilyn Monroe (Actress)

She was visited by Billy Graham during a presentation of a show.
He said the Spirit of God had sent him to preach to her.
After hearing what the Preacher had to say, she said:
'I don't need your Jesus'.
A week later, she was found dead in her apartment

Bon Scott (Singer)
The ex-vocalist of the AC/DC. On one of his 1979 songs he sang:
'Don't stop me; I'm going down all the way, down the highway to hell'.
On the 19th of February 1980, Bon Scott was found dead, he had been choked by his own vomit.

Campinas (IN 2005)
In Campinas , Brazil a group of friends, drunk, went to pick up a friend.....
The mother accompanied her to the car and was so worried about the drunkenness of her friends and she said to the daughter holding her hand, who was already seated in the car:
'My Daughter, Go With God And May He Protect You.'
She responded: 'Only If He (God) Travels In The Trunk, Cause Inside Here.....It's Already Full '
Hours later, news came by that they had been involved in a fatal accident, everyone had died,
the car could not be recognized what type of car it had been, but surprisingly, the trunk was intact.
The police said there was no way the trunk could have remained intact. To their surprise, inside the trunk was a crate of eggs, none was broken

Christine Hewitt (Jamaican Journalist and entertainer) said the Bible (Word of God) was the worst book ever written.
In June 2006 she was found burnt beyond recognition in her motor vehicle.

Many more important people have forgotten that there is no other name that was given so much authority as the name of Jesus
Many have died, but only Jesus died and rose again, and he is still alive.

'Jesus'

I have done my part, Jesus said

'If you are embarrassed about me,
I will also be embarrassed about you before my father.'

'Lord, I love you and I need you, come into my heart, and bless me, my family, my home, and my friends, in Jesus' name. Amen.'

Baruk

Windows Live Hotmail

Windows Live Hotmail

Subject: Helping the American Economy

The federal government is sending each of us a $600 rebate.

If we spend that money at Wal-Mart, the money will go to China.

If we spend it on gasoline it will go to the Arabs.

If we buy a computer it will go to India.

If we purchase fruit and vegetables it will go to Mexico, Honduras , and
Guatemala .

If we purchase a good car it will go to Japan.

If we purchase useless crap it will go to Taiwan and none of it will help
the American economy.

The only way to keep that money here at home is to spend it on prostitutes
and beer, since these are the only products still produced in the US. I've
been doing my part, and I thank you for your help.

- Former N.Y. Governor Eliot Spitzer

HOW TO SAVE THE AIRLINES

Dump the male flight attendants. No one wanted them in the first place.

Replace all the female flight attendants with good-looking strippers! What the hell -- They don't even serve food anymore, so what's the loss?

The strippers would at least triple the alcohol sales and get a "party atmosphere" going in the cabin. And, of course, every businessman in this country would start flying again, hoping to see naked women.

Because of the tips, female flight attendants wouldn't need a salary, thus saving even more money. I suspect tips would be so good that we could charge the women for working the plane and

have them kick back 20% of the tips, including lap dances and "special services."

Muslims would be afraid to get on the planes for fear of seeing naked women. Hijackings would come to a screeching halt, and the airline industry would see record revenues. This is definitely a win- win situation if we handle it right -- a golden opportunity to turn a liability into an asset.

Why didn't Bush think of this? Why do I still have to do everything myself?

Sincerely,
Bill Clinton

ACTUAL AUSTRALIAN COURT DOCKET 12659 - CASE OF THE PREGNANT LADY.

A lady about 8 months pregnant got on a bus. She noticed the man opposite her was smiling at her. She immediately moved to another seat. This time the smile turned into a grin, so she moved again. The man seemed more amused. When on the fourth move, she had the man arrested.


The case came up in court. The judge asked the man (about 20 yearsold) what he had to say for himself.


The man replied, "Well your Honor, it was like this: When the lady got on the bus, I couldn't help but notice her condition"


She sat under a sweets sign that said, "The Double Mint Twins are coming" and I grinned.


Then she moved and sat under a sign that said, "Logan's Liniment will reduce the swelling, and I had to smile.


Then she placed herself under a deodorant sign that said, "William's Big Stick Did the Trick," and I could hardly contain myself.


But, your Honor, when she moved the fourth time and sat under a sign that said, "Goodyear Rubber could have prevented this accident"... I just lost it."


CASE DISMISSED!


"A person who has never made a mistake has never tried anything new."
- Albert Einstein