March 18, 2013
Sulu: Stop Payment of Cession Money by New Court Order
by Athi Shankar (03-16-13) @http://www.freemalaysiatoday.com
The DAP has urged the Attorney General Abdul Gani Patail to obtain a High Court order in Kota Kinabalu to discontinue Malaysia’s cessation payment to heirs of Sultan Sulu over Sabah.
Chairman Karpal Singh called on Gani, who hails from Sabah, to spring to action immediately and file the necessary application as public interests demanded him to do so.
Senior parliamentarian Karpal noted that the cessation payment was on the authority of a 1938 order by then High Court of North Borneo.The order allowed a petition of nine Sulu heirs to receive and share among themselves RM5,000, or now RM5,300, as annual payment.
The 1938 order actually has reinforced the payment that commenced very much earlier when the British took over Sabah.Kadir Mohamad, Agent for Malaysia in the ICJ case between Malaysia and 
Indonesia, said that Kuala Lumpur needed to continue honouring the 1938 judgment on the ground that any violation of that order can be challenged in court by interested parties.
Karpal conceded that a court order must be complied with unless it was set aside judicially.“Contravention of a court order amounts to contempt of court and is punishable by committal to prison,” said Karpal, a veteran lawyer.
But, he said with the passage of time and with Sabah having joined Sarawak and Peninsular to form Malaysia, and recognition by Manila of Malaysia as a sovereign state by having ambassadorial level representation in the country, the Philippines cannot lay any claim to Sabah.
He said Malaysia was internationally recognised with Sabah as a sovereign state in the Federation of Malaysia since the North Borneo territory opted to join Malaysia on August 31, 1963.
“It’s ridiculous to continue paying the Sulu heirs when Malaysia and Sabah are independent and sovereign states,” Karpal told newsmen during a routine visit to his Bukit Gelugor parliamentary constituency here today.
‘Respect sacrifices of our forces’
He said the cessation payment was different from the “annual royalty” being paid by Penang to Kedah, as both these provinces were part of a sovereign Malaysia.
He said the fact that the payment has been continuously made for 131 years does not mean, having regard to passage of time and change of circumstances, that the case cannot be reopened with a view to the payment to be discontinued.
He stressed that the continued annual cessation payment pursuant to the 1938 order required review to discontinue the payment and this can be done by the High Court in Kota Kinabalu.
He referred to a 2011 Federal Court decision on Harcharan Singh Piara Singh vs Public Prosecutor where unanimously ruled that a a court of first instance, including High Court, must be equipped with residual jurisdiction to rehear and reopen its own earlier decision in a fit and proper case.
He said that the cessation payment constitutes a fit and proper case for the High Court in Kota Kinabalu to review the 1938 decision and order it to be discontinued.
“The country’s sovereign should not be allowed to be compromised in any way. The sovereignty should and must stand pristine,” stressed the DAP supremo.
On the sedition charge against PKR vice-president Tian Chua for allegedly making statements linking the Federal government to the Lahad Datu shooting, Karpal acknowledged that the Batu MP had denied making such remarks.
But, he stressed that the DAP stand was clear that no one should make a statement insulting the armed forces, especially when they were defending the nation’s independence and sovereignty against alien forces.
He said the DAP stand was that all Malaysians should stand united against intrusions by foreign forces.“The DAP is united against any intrusions. The sacrifices of the armed forces must be respected, appreciated and honoured by all Malaysians. It’s wrong to insult the role of armed forces,” said Karpal
A good move but one cannot be very sure if this is legally possible since the time bar to contest a court ruling has long long passed.
Also this is a high-voltage case with serious political implications. Hence the AG cannot act on his own. He has to be directed by the Government.
Doctrine of latches? Issues of sovereignty.
Good for you Karpal. Make an argument that the continuation of the cessation payment is an insult to our security forces that perished in defence of the nation’s sovereignity during this Lahad Datu incursion by the Suluk Tausug. Those who defy, can the be tried in Court? After all even Tian Chua have been charged for much lesser offence, that is if you even consider the drummed up story by the BN “toilet” newspapers was the basis of the charges. What say you Mr Patail?
Court order should be among other things:
1. Stop payment to Sultanates of Sulu
2. Direct Sultanates to make claim from the Philippines gov and its former colonial rulers for stolen their lands illegally, the tragedies and sufferings …..
Those of you who are interested to study this subject from its origins to now should visit Malaysia Unplugged Uncensored.
Karpal has a point in proposing this cessation of payment to be brought up to the court as conditions have changed through the passage of time and the fact now the other party has taken up arms threatening the security & sovereignty of Malaysia.
Kadir and Karpal are of the same view…!!
Yeh, after Karpal said this, mahathir later jumped in n said the same thing. The former is brilliant while the latter tries to illuminates, but failed, again.
Well said mr Karpal, they will not because it is your idea! Secondly they are scared to face other related responses. We always pussy foot these type of issues. Where is our bravado and élan!
Kadir is in a fix. He was of the view that we should continue to pay the Sulu descendants. Now that Karpal is urging the government to cease the payments, Kadir should come out against Karpal. What a tangle !
My anticipation could turn out wrong, but no harm trying in the Highest Court of our land. Knowing the decorum they have to abide to notions of ‘ justice ‘ , our Judges may express Reluctance ( of interference ) in a matter that had previously been decided by The International Court of Justice :
i) Upholding the Cobbold Commision’s Referendum in the Sabah’s self-determination ( to be part of Malaysia )
ii) The presumed cess or lease payment, which Govt of Malaysia has carried through till present day .
It will not be that easy to prevail or Countervail, the Judgement or orders of The ICJ , which is an International Forum, under auspices of the UN.