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Monday, August 31, 2009

NEGARA KU

To all my readers and well wishers, I greet you all
"Happy Merdeka Day".
From:
LINUNDUS KINABALU

2 comments:

  1. Gundohing SJD,

    I believe it should have been : "Happy Merdeka Day to our Peninsula Malaya Partners" and "Happy Holidays to our fellow East Malaysian Partners" because it should rightly be September 16th!!!

    Obviously, Sabah, Sarawak and Peninsula Malaya are partners right?

    ReplyDelete
  2. Gun SJD, do you know why Malaysia Day (Sept, 16) cannot be a national public holiday? well, if you cited specifically Article 160 of the Federal Constitution there is no Malaysia Day (Sept 16, 1963) it had never been included. Article 160 only defines (under Interpretation) "Merdeka Day" means Aug.31, 1957, "State" means a State of the Federation, "Citizen" means a citizen of the Federation, and "the Federation" means the federation established under the Federation Malaya Agreement 1957. In other words these interpretations means we can only have one Independence Day on every August 31st. and Malaysia Day is relegated or secondary. As a result, such intepretation raises a lot of questions such as What happened to the Malaysia Agreement?, Why does Article 160 refer to the Malaya Agreement 1957 for the definition of the Federation? Are Sabah and Sarawak excluded in the Federation as defined by Article 160?, If Sabah is not part of the Federation as interpreted under Article 160 what is Sabah's relationship with Malaya? Why have two definitions of "the Federation" as cited in the two sections of citizenship by operaton of law between Sabah and Sarawak and the Peninsula as stipulated in Article 14 read together with Part 1 and 2 of the Second Schedule? Dr Chong Eng Leong and Dr Jeffrey Kitingan, the Sabah Law Association on the Advocate Ordinance had also raised several pertinent issues and examples of inconsistencies in terms of citizenship by operation of Law. The time has come for the State and leaders, irrespective of political affiliation, ot organize a Constitutional Convention to rationalize the Federal Constitution vis a vis the Malaysia Agreemeent/Act 1963. Lastly, the Prime Minister who come up with the concept of 1 Malaysia, should make the effort to include the intepretation of Malaysia Day, which has never been included in Article 160 of the Federal Constitution and declared Sept 16 a national public holiday, if he is really serious in his 1Malaysia crusade.

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