KUCHING: Federal legislation enacted after the formation of Malaysia, including the Petroleum Development Act 1974 (PDA 1974), cannot automatically displace Sarawak’s preserved state laws without proper constitutional process and consent.
Kota Sentosa assemblyman Wilfred Yap stressed that constitutional legitimacy must not be conflated with federal legislative power, particularly on matters affecting Sarawak’s rights over oil and gas governance.
“Any federal law passed post-1963 cannot override Sarawak laws that were already in force before Malaysia Day unless those laws are lawfully repealed or amended by a competent authority in accordance with the Federal Constitution,” he said in a statement.
Yap was responding to recent remarks by Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said, which he described as misconstrued and incomplete when assessed against the full constitutional framework governing Sarawak’s position in Malaysia.
He pointed out that although the minister cited the PDA 1974 as the governing law for oil and gas, the Act was never tabled, debated or approved by the Sarawak State Legislative Assembly — a fact which carries constitutional significance when discussing Sarawak’s legislative competence, he said.
“While the Malaysia Agreement 1963 (MA63) does not expressly mention oil and gas ownership, Article 162 of the Federal Constitution expressly preserves state laws that were in force prior to Malaysia Day unless lawfully repealed,” he said.
Among these preserved laws, he said, is the Sarawak Oil Mining Ordinance 1958, which formed part of Sarawak’s legal framework before the formation of Malaysia.
“Silence in MA63 does not amount to the extinguishment of Sarawak’s pre-existing laws or rights,” he said, adding that federal legislation cannot be treated as automatically overriding such laws without due constitutional process.
Yap cautioned against selective interpretations that oversimplify a complex constitutional issue, warning that such approaches risk misleading the public.
“Any serious discussion on oil and gas governance must engage fully with Article 162, the Sarawak Oil Mining Ordinance 1958 and the constitutional requirements for lawful displacement of state laws,” he stated. Respect for the Federal Constitution, he added, requires Sarawak’s position to be addressed within its proper legal and historical context rather than it being reduced to narrow
