KUCHING: Preserving the original intent of the Malaysia Agreement 1963 (MA63) remains crucial, especially when court rulings risk undermining its provisions.
Head of State Tun Pehin Sri Dr Wan Junaidi Tuanku Jaafar took the example of the provisions under the Immigration Act which empowers the Sarawak Government to prevent the entry of individuals into Sarawak where the courts have the power to determine whether it can be implemented or not.
“The action completely continues to violate the spirit of MA63 and will raise various issues arising from that power
“If this happens, the entire meaning of the Malaysia Agreement will change completely because the original spirit of the agreement will be set aside by the basic structural doctrine, so several problems have arisen from this issue,” he said.
He said this during the ICM Grand Dinner held in conjunction with the inaugural Benching Ceremony of His Excellency The Governor of Sarawak at Raia Hotel here on Saturday.
Wan Junaidi said that although the Malaysia Agreement 1963 is not directly part of the text of the Federal Constitution, it still has significant legal and political value in shaping the relationship between the states and the Federation.
He added that the court’s decision in determining the rights contained in MA63 questioned whether it was considered a condition or part of what is called the basic structure doctrine.
“If not, then the right given to Sarawak and Sabah to use immigration powers to prevent the entry of individuals who are accepted as something very fundamental to the people of Sarawak and Sabah will be subject to the court’s decision,” he added.
Also present were the wife of Wan Junaidi wife’s, Toh Puan Datuk Patinggi Fauziah Mohd Sanusi; Deputy Prime Minister Datuk Seri Fadillah Yusof; ICM adviser, Tun Datuk Seri Zaki Tun Azmi; ICM president, Tun Ariffin Zakaria; Chief Justice Datuk Wan Ahmad Farid Wan Salleh; Speaker of the Senate, Datuk Awang Bemee Awang Ali Basah; Youth, Sports and Entrepreneur Development Minister, Datuk Seri Abdul Karim Rahman Hamzah; US Ambassador to Malaysia, Edgard D Kagan; Court of Appeal President, Datuk Abu Bakar Jais; Chief Justice of Malaya, Tan Sri Hasnah Datuk Mohammad Hashim; Chief Justice of Sarawak and Sabah, Datuk Azizah Nawawi, and other dignitaries.
