No Malay race in Singapore, Malaya, under Article 160, Malay a form of IDENTITY

No Malay race in Singapore, Malaya, under Article 160, Malay a form of IDENTITY.

Malays who did not apply for citizenship in 1957 may be stateless people.

Mahathir has telegraphed that Harapan cannot trust him. He represents Umno and PAS through Bersatu.

He’s the enemy within.

It’s not about Islam but the fact that they can’t wag their tail under rule of law, the basis of the Constitution.

So, they try to wag their tail under their religion.

When I cited the Constitution to a bogus Malay and/or so-called Malay former colleague in KL, he said, “they will say F the Constitution. We have something bigger than the Constitution up there” and he pointed at the sky.

The great majority of Tamils in Malaysia are Indian.

The Sri Lanka Tamils in Malaysia are a very small group.

The Sri Lanka Tamils hate the Indian Tamils.

LTTE is a defunct Sri Lanka Tamil group.

Of course the bogus Malays and/or so-called Malays are too stupid to know all this.

There’s no Malay race in Article 160.

The bogus Malays and/or so-called Malays in Article 160 are not a race but a form of Identity for Muslims governed by the Merdeka cutoff date.

The Constitution is colour blind.

The Definition of Malay in Article 160 is an artificial construct, an aberration in law, bad law, used to justify the existence of Article 153 and its observance in the breach.

Article 161A is about NCR land, ancestral and historical property rights of the Orang Asli in Malaya and Orang Asal in Borneo.

Mahathir instigated the holding of the Dignity Congress so it could present a list of demands to the gov’t.

Mahathir has promised to “consider the demands”.

Mahathir believes the dignity of the bogus Malays and/or so-called Malays lies in supporting Bersatu and his family.

re the PTI, the real issue is that locals will not benefit if citizenship is given to foreigners.

Citizenship means voting rights.

The locals will lose their sovereignty if citizenship is given to foreigners.

Foreigners don’t need Malaysian citizenship to stay in this country.

The people in Sabah and Sarawak who are Malaysian citizens qualify for their status in law under the Malaysia Agreement 1963 (MA63) and the Federal Constitution.

These Malaysian citizens in Borneo were British subjects before Malaysia Day i.e. 16 Sept 1963.

Malay . . .

The Definition of Malay in Article 160 is not about DNA, race, Austronesian or anthropology etc but about a form of Identity for Muslims in Singapore and Malaya governed by the Merdeka cutoff line.

There’s no Malay race in Article 160.

Those who are citizens in Malaya acquired their status in law under the Federation of Malaya Independence Act 1957 and the Federal Constitution i.e. by exchanging their British subject status for Malayan citizenship.

Among others, Indians, Chinese and the sultans in Malaya were British subjects before Merdeka.

The Malays under Article 160 were subjects of the sultans before Merdeka. They were not British subjects and they were not Malayan citizens. We don’t know whether they applied for citizenship under the Federal Constitution. If not they are stateless people.

The Tunku was not law. He could not hand out citizenship to any Tom, Dick and Harry, as Mahathir has implied many times.

The people in Sabah and Sarawak who are Malaysian citizens qualify for their status in law under the Malaysia Agreement 1963 (MA63) and the Federal Constitution.

These Malaysian citizens in Borneo were British subjects before Malaysia Day i.e. 16 Sept 1963.

Definition of Malay . . . Malay is not race in Singapore and Malaya under Article 160, but a form of IDENTITY.

The Definition is confined to Malaya and Singapore. (The Definition of Malay in Singapore before and/or after independence from Malaysia is under Article 152).

Briefly, the 2nd Prong of the Definition reads that (a) Muslims, able to speak Malay, and born before Merdeka in Malaya or Singapore, or born of parents one of whom was born in Malaya or Singapore, or is on that day (i.e. Merdeka) domiciled in Malaya or Singapore are Malay; and (b) the issue of such a person i.e. in (a) is Malay.

There’s no Malay DNA, only DNA Austronesian.

Again, the Definition of Malay in Article 160 is not about race, DNA, Austronesian etc.

Again, the Definition was about creating a form of IDENTITY for Muslims in Malaya and Singapore who are governed by the Merdeka cutoff date.

Having said that, Dr Chong Eng Leong says in his book, “Lest We Forget” – Security and Sovereignty in Sabah, that there were 303, 500 Malays in Sabah in 2000.

Do the 303, 500 Malays above originate from Malaya or Singapore, and if not, how could they be classified as Malay in the MyKad in Sabah? This is an error in law.

By extrapolation and logical deduction, the said 303, 500 would have increased by 2019.

Further, there’s widespread talk in various social media platforms in Sabah that Muslims from India, Pakistan, Bangladesh, Philippines and Indonesia, among others, are holding “Malay” MyKads in the state.

Such MyKads should not in the Data Bank in JPN i.e. “tiada dalam sistem”.

Orang Asal (Kadazan, Dusun, Murut, Rungus) in Sabah who are Muslims cannot be listed in their MyKad as Malay.

If so, i.e. if they are indeed listed as Malay, it’s clearly an error in law as the Definition is confined to Malaya and Singapore, besides being governed by the Merdeka cutoff date.

Non-Orang Asal Muslims in Sabah like Bajau, Suluk, Barunai and others cannot be listed as Malay in their MyKad.

Non-Muslims in Malaya who convert to Islam after Merdeka cannot be listed as Malay in their MyKad. If so, it’s also an error in law.

The Definition holds that all Malays in Malaya are Muslim but not all Muslims are Malay, Malays in Singapore can be non-Muslim.

After Singapore obtained independence from Malaysia in 1965, the republic amended its Definition of Malay in Article 152 to say that Malays in the republic can leave Islam and still remain Malay.

In Malaya, under Article 160, Malays who leave Islam can no longer use Malay as their identity.

Author: fernzthegreat

Joe Fernandez holds a honours degree in management, majoring in economics, and has opted from academia in law to being a jurist. He was trained professionally on the job as a journalist. He's a longtime Borneo watcher, keen on the history and legal aspects of Malaya's presence in Sabah and Sarawak. He teaches the English language privately and has emerged as a subject matter expert in public examination techniques.

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