Malaysia day rants...
Sejarah textbook didn't teach us these... Malaysia's independence day's not 31 August.
That's Malaya's independence day. In fact, Malaysia's independence day's on 16 Sept 1963.
Taken from his interview with Borneo Post dated 17th September 2008
Malaysia Day: James Wong Speaks His Mind
"People don't seem to understand or seem not to pay enough attention. Malaysia came into existence on Sept 16. Not Aug 31 which has no meaning to us Sarawakians,"says James Wong, 84, one of the founding fathers of Malaysia.
In an interview published by Puvaneswary Devindran in the Borneo Post Sunday (14 Sept).
"It is the day Malaysia was formed. If they want to celebrate on Aug 31, that's up to them. In my heart, I know it's Sept 16," he said.
Wong recalled that he received a telegram during a timber cruise in Baram in 1961. The telegram carried an invitation from the late Donald Stephens (later Tun Fuad Stephens) to come to Jesselton — now Kota Kinabalu — to meet and discuss Tunku Abdul Rahman Putra al-Haj's offer to form a federation.
Accepting the invitation from Donald Stephens led to his appoinment as a delegate to the 'Malaysia Solidarity Consultative Committee' (MSCC), which frequently met to explore ideas of forming the Federation of Malaysia. At that point, Wong was only a Council Negeri member from Limbang.
"It was impossible to even think Sarawak could make it on its own at that time," he said.
As he put it, it was really a Hobson's choice. For one thing, Sarawakians did not have the expertise, experience and maturity to run their country if it were to become independent. Sarawak was also short of financial resources, raking in RM75 million a year at that time.
"We had only little oil in Miri and we had not gone into gas discovery. Not to mention timber was not on yet. In fact, I arranged the first shipment of timber in the 1960s. We were still a broke country then," he said matter-of-factly.
Moreover, Sarawak was facing threats from the Clandestine Communist Organisation (CCO) and its next door neighbour, Kalimantan.
The concept of Malaysia was even more encouraging as the state had confidence in Singapore, Malaya and Sabah since they all had the same legislative system and government and were English-speaking, Wong said.
He shuddered at the thought of the threat posed by the CCO in the mid-50's, especially one incident when a policeman was killed in Serian.
He too was not spared the terror when the CCO delivered two live bullets to his home as a 'writing on the wall' for being supportive of Malaysia's formation.
However, his greatest fear was the possibility of a racial war breaking out among the 24 different ethnic races in Sarawak. With the people being very 'clannish' at that time, he feared the CCO would resort to instigating such a war and cause a bloodbath.
"What worried me then was if one of the CCO cadres were to dress like an Iban and go and kill a Malay for instance, then Sarawak could end up like the Congo," the report quoted him.
"We could not have defended ourselves. We did not have an army, our police force was very small. We could not have survived," he said.
Wong pointed out that in the case of Sarawak, special clauses were put in to guarantee that among others, land, civil service, local government and immigration would come under the state autonomy of Sarawak.
On the oil royalty for Sarawak, Wong said: "It was discussed before (in the 1970s) that we wanted 15 per cent royalty but only got five per cent."
He said Sabah also had five per cent oil royalty although according to recent newspapers reports, its former Chief Minister Datuk Harris Mohd Salleh had demanded more — 25 per cent to be exact.
Wong pointed out that Sarawak too should be getting up to 15 to 25 per cent in royalties.
The state government, he said, should stick to the London Agreement (Malaysian Agreement) signed in London.
Wong believed it was important for all Sarawakians to know their place in Malaysia, particularly their rights.
"Sabah gave away their rights on immigration when they gave away Labuan. When you go to Labuan, you can get into Sabah easily."
He said it was unfortunate Malaysians in Sarawak in their 40s and even 50s, seemed ignorant or did not have the opportunity to know how Malaysia came about because at the time of the formation of Malaysia, those within this age group were still too young to understand the change that had taken place.
"Make no mistake about it. But for the grace of God and Malaysia, the fate of these Malaysians who I refer to would have been very different today. That's why it's so important for them to know the historical origin of Malaysia," he said, reading from an excerpt of his book.
"But I have no regrets — because if we do not have Malaysia, God help us.
"So there are advantages and disadvantages in being part of the federation," he said.
Still, Wong feels disappointed and sad that the federal government has failed to recognise Sept 16.
To him, one of the biggest misconceptions some Malaysians might have is Sarawak joined
Malaysia when truth be told, it helped form Malaysia.
Asked if Sarawak had ever requested for Sept 16 to be recognised, he said: "Look, you will
always have as much right as you are prepared to fight for. On Aug 31, see how we celebrated it? But officially, it should be on Sept 16. You can't get away from this. It's not (from) me — it's in our proclamation of Malaysia."
Wong then referred to the state's proclamation read by Sarawak's first Chief Minister Dato Stephen Kalong Ningkan on Sept 16: "Now, therefore I, Stephen Kalong Ningkan, the Chief Minister of Sarawak, do hereby proclaim that Sarawak has this day attained independence as a state of Malaysia."
He also said the Tunku, in announcing the proclamation of Malaysia, declared: "Now, in the name of God the Compassionate, the Merciful, I, Tunku Abdul Rahman Putra Al-Haj Ibni Almarhum Sultan Abdul Hamid Halim Shah, Prime Minister of Malaysia, with the concurrence and approval of His Majesty, the Yang di-Pertuan Agong of the Federation of Malaya, His Excellency the Yang di-Pertuan Negara of Singapore, His Excellency the Yang di-Pertuan Negara of Sabah and His Excellency the Governor of Sarawak, do hereby declare and proclaim on behalf of the peoples of Malaysia that as from Sixteenth Day of September in the year one thousand nine hundred and sixty-three, corresponding to the twenty-eight day of Rabi'ul Akhir in the year of the Hijrah one thousand three hundred and eighty-three, that Malaysia comprising the states of Pahang, Terengganu, Kedah, Johore, Negri Sembilan, Kelantan, Selangor, Perak, Perlis, Penang, Malacca, Singapore, Sabah and Sarawak shall by the Grace of God, the Lord of the Universe, forever be an independent and sovereign democratic State founded upon liberty and justice ever seeking to defend and uphold peace and harmony among its peoples and to perpetuate peace among nations."
Wong said after all that had been said and done, without Malaysia today, Sarawak would have been in one 'hell of a mess — our lives would have been very different'.
But being in a big family, he stressed, required Sarawakians to be prepared to stand for their rights for they have as much rights as the others 'lest we forget Malaysia is a federation of equal partners'.
Looking back, Wong said as a Sarawakian, he had made his contributions in making Sarawak a happy place to live in through what happened 45 years ago on Sept 16.
So come Tuesday, the Malaysian Flag will fly outside his office.
~Anak Sarawak~
Tan Sri Datuk Amar Stephen Kalong Ningkan
(1920–1997), first chief minister of the East Malaysian state of Sarawak. Stephen Kalong Ningkan served as first chief minister of the East Malaysian state of Sarawak between July 1963 and September 1966. Prior to Sarawak's joining the union of Malaya, Singapore, and North Borneo to form the Federation of Malaysia, Sarawak was a British colony. Born in Sarawak of Iban and Chinese ancestry, Ningkan is probably best known for triggering a constitutional crisis when he refused to vacate his office after being dismissed by the Sarawakian governor.
Ningkan, as leader of the Council Negri (the state legislature), had purportedly ceased to command the confidence of the majority of the council. With the backing of the federal government in Kuala Lumpur, the governor proceeded to appoint a new chief minister. Ningkan's refusal to vacate his office, resulting in a constitutional impasse that was perceived to threaten the fragile unity of Malaysia, aroused a vigorous reaction from the federal government.
On 14 September 1966, Yang di-Pertuan Agong, Malaysia's head of state, proclaimed a state of emergency in Sarawak on the basis that its security was threatened by the constitutional crisis. Under emergency rule, Parliament was legislatively enabled to exercise further powers, effectively governing Sarawak from the federal capital. Ningkan appealed his dismissal all the way to the Privy Council in London, Malaysia's then final appellate court, but lost his appeal for a declaration that he was still chief minister of Sarawak.
A firm believer that Sarawakians were entitled to have full citizenship rights and to participate in Malaysia's national development on a par with the Malays on the Malaya Peninsula, Ningkan slipped into political oblivion after his removal from office.
The constitutional crisis that Ningkan was embroiled in should be seen in the light of the volatile political matrix in Malaysia then. After Malaysia was created through the union of Malaya and Singapore, Sabah, and Sarawak on 16 September 1963, communal tension rose over the core identity of Malaysia. The politically convenient union was short-lived and Singapore left the federation on 9 August 1965.
At the federal level, there was concern that Sarawak and Sabah might follow Singapore and secede from Malaysia. The removal of Ningkan, albeit by constitutional means, was an attempt by the federal government in Kuala Lumpur to exercise indirect control by aligning East Malaysian political parties with the United Malays National Organization–dominated coalition at the center and the rest is history
(1920–1997), first chief minister of the East Malaysian state of Sarawak. Stephen Kalong Ningkan served as first chief minister of the East Malaysian state of Sarawak between July 1963 and September 1966. Prior to Sarawak's joining the union of Malaya, Singapore, and North Borneo to form the Federation of Malaysia, Sarawak was a British colony. Born in Sarawak of Iban and Chinese ancestry, Ningkan is probably best known for triggering a constitutional crisis when he refused to vacate his office after being dismissed by the Sarawakian governor.
Ningkan, as leader of the Council Negri (the state legislature), had purportedly ceased to command the confidence of the majority of the council. With the backing of the federal government in Kuala Lumpur, the governor proceeded to appoint a new chief minister. Ningkan's refusal to vacate his office, resulting in a constitutional impasse that was perceived to threaten the fragile unity of Malaysia, aroused a vigorous reaction from the federal government.
On 14 September 1966, Yang di-Pertuan Agong, Malaysia's head of state, proclaimed a state of emergency in Sarawak on the basis that its security was threatened by the constitutional crisis. Under emergency rule, Parliament was legislatively enabled to exercise further powers, effectively governing Sarawak from the federal capital. Ningkan appealed his dismissal all the way to the Privy Council in London, Malaysia's then final appellate court, but lost his appeal for a declaration that he was still chief minister of Sarawak.
A firm believer that Sarawakians were entitled to have full citizenship rights and to participate in Malaysia's national development on a par with the Malays on the Malaya Peninsula, Ningkan slipped into political oblivion after his removal from office.
The constitutional crisis that Ningkan was embroiled in should be seen in the light of the volatile political matrix in Malaysia then. After Malaysia was created through the union of Malaya and Singapore, Sabah, and Sarawak on 16 September 1963, communal tension rose over the core identity of Malaysia. The politically convenient union was short-lived and Singapore left the federation on 9 August 1965.
At the federal level, there was concern that Sarawak and Sabah might follow Singapore and secede from Malaysia. The removal of Ningkan, albeit by constitutional means, was an attempt by the federal government in Kuala Lumpur to exercise indirect control by aligning East Malaysian political parties with the United Malays National Organization–dominated coalition at the center and the rest is history
After the Federal Court declared Ningkan's removal unlawful, Ningkan was reinstated and Tawi Sli's appointment was by itself null and void and of no effect. So Ningkan took back what he had been deprived of. But the ugly turn of event came two weeks later. The Yang Dipertuan Agong by invoking Article 150 of the Federal Constitution, with the advice of the Prime Minister, declared a state of emergency in Sarawak.
As you may be aware of, the Constitution of Sarawak can only be amended by the Dewan Undangan Negeri (better known as the Council Negri) with a two third majority of the members of the DUN or by the Federal Parliament during a state of Emergency. So that was the idea of declaring a state of emergency in Sarawak so that the Constitution of the State of Sarawak can be amended.
The Federal Parliament was immediately convened and a constitutional amendment bill for the state of Sarawak was passed. The bill that was immediately assented to by the YDA gave the Governor of Sarawak a temporary power to dismiss the Chief Minister and also to call for and convene the DUN meeting. Prior to that the Governor could not convene the DUN without the request of the Chief Minister.
Now that the Governor had been clothed with the TWO extraordinary powers, i.e., to call for and convene the DUN meeting and also the temporary power to remove/dismiss the Chief Minister. Hence, the Governor, Tun Abang Haji Openg (Abang Johari's father) immediately exercised his newly found powers by convening and chairing the DUN meeting. Ningkan and DUN members aligned to him boycotted the meeting. All members of the Alliance attended and a vote of no-confidence was taken. With such vote, which was obviously not in Ningkan's favour, the Governor, with the new temporary power dismissed Ningkan for the second time and immediately re-appointed Tawi Sli as the Chief Minister.
Being advised that the best option was to challenge the legality of the declaration of the state of emergency in Sarawak, Ningkan sued the Government of Malaysia (see: Stephen Kalong Ningkan v. Government of Malaysia [1968]2MLJ 238) seeking a declaration that the emergency declared by the YDA was illegal and therefore the laws that stemmed from such illegality were also illegal and of no effect.
But Uchu, fate was not with Ningkan. The High Court dismissed Ningkan's suit/application. He appealed to the Federal Court but the Federal Court upheld the High Court's judgment. He appealed to the Privy Council, which also upheld the High Court's judgment. Ningkan's dismissal was therefore confirmed!
As you may be aware of, the Constitution of Sarawak can only be amended by the Dewan Undangan Negeri (better known as the Council Negri) with a two third majority of the members of the DUN or by the Federal Parliament during a state of Emergency. So that was the idea of declaring a state of emergency in Sarawak so that the Constitution of the State of Sarawak can be amended.
The Federal Parliament was immediately convened and a constitutional amendment bill for the state of Sarawak was passed. The bill that was immediately assented to by the YDA gave the Governor of Sarawak a temporary power to dismiss the Chief Minister and also to call for and convene the DUN meeting. Prior to that the Governor could not convene the DUN without the request of the Chief Minister.
Now that the Governor had been clothed with the TWO extraordinary powers, i.e., to call for and convene the DUN meeting and also the temporary power to remove/dismiss the Chief Minister. Hence, the Governor, Tun Abang Haji Openg (Abang Johari's father) immediately exercised his newly found powers by convening and chairing the DUN meeting. Ningkan and DUN members aligned to him boycotted the meeting. All members of the Alliance attended and a vote of no-confidence was taken. With such vote, which was obviously not in Ningkan's favour, the Governor, with the new temporary power dismissed Ningkan for the second time and immediately re-appointed Tawi Sli as the Chief Minister.
Being advised that the best option was to challenge the legality of the declaration of the state of emergency in Sarawak, Ningkan sued the Government of Malaysia (see: Stephen Kalong Ningkan v. Government of Malaysia [1968]2MLJ 238) seeking a declaration that the emergency declared by the YDA was illegal and therefore the laws that stemmed from such illegality were also illegal and of no effect.
But Uchu, fate was not with Ningkan. The High Court dismissed Ningkan's suit/application. He appealed to the Federal Court but the Federal Court upheld the High Court's judgment. He appealed to the Privy Council, which also upheld the High Court's judgment. Ningkan's dismissal was therefore confirmed!
FURTHER READINGS:
THE FEDERAL COURT DECISIONhttp://borneobest022009.blogspot.com/2009/02/stephen-kalong-ningkan-federal-court.html
THE PRIVY COUNCIL DECISIONhttp://borneobest022009.blogspot.com/2009/02/stephen-kalong-ningkan-privy-council.html
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