Defunct Sulu sultanate fairy tale on Sabah claim ends in High Court of Borneo

Listen to soft instrumental music for 15 to 20 mins before bed to calm the emotions and have a restful night . . .

It was Macapagal who explained how the Sabah claim came about.

He said that if the British had given independence to North Borneo, before they left, the Sabah claim would not have arisen.

Unfinished business over disputed Sabah

The Federal gov’t didn’t comply with the Malaysia Agreement 1963 (MA63).

So, the Philippines continues to claim sovereignty over parts of Sabah viz. southern EssZone, and by extension northern EssZone.

Sabah and Sarawak were never given self-gov’t and independence by the British before they left on Malaysia Day, 16 Sept 1963.

There were no self-gov’t and independance acts for Sabah and Sarawak as with Singapore, Malaya and Brunei.

Malaysia is unlikely to comply with MA63 after over half a century.

So, the state assemblies in Sabah and Sarawak should INVOKE Article VIII of MA63 for a new form of self-determination.

Malaya should go its way, we go our way.

https://www.freemalaysiatoday.com/category/nation/2020/08/01/enough-with-your-claim-sabah-undeniably-part-of-malaysia-musa-tells-manila/

All changed in 1881 with the grant of Her Majesty’s Royal Charter to the British North Borneo Company.

The Charter placed the British government in control of the British North Borneo Company in respect of its dealings with the Sultan of Sulu, the administration of justice, slavery and other matters related to occupation and rule over Sabah and its territories.

In international law terms, this was the point at which Sulu sovereignty was truly extinguished and in its place, British rule and sovereignty established.

Thus on its face, the Philippine’s claim to Sabah through its tenuous reliance on Spain and the Sulu Sultanate appears flawed and unstainable.

The subsequent grant of a Royal Charter to the British North Borneo Company effectively asserted British sovereignty by way of the doctrine of continued occupation and control.

In short, the link between Spain, Sulu and Sabah was severed by the grant of said Charter.

The proper assertion of sovereign rule began not with the signing of the Deed of Cession but with the establishment of British administrative authority and rule over the territories of Sabah in 1881.

The Philippines, as Sulu’s successor in sovereignty, cannot claim the territory of Sabah since such sovereignty had long since been superseded by British rule.

Sovereignty over Sabah has since 1963, been properly asserted by Malaysia to the exclusion of the Philippines and all others.

http://www.dailyexpress.com.my/news/153668/blow-to-the-philippine-claim/

My COMMENT on the above link . . .

Sovereignty resides in a people.

Sulu sultan rule along the eastern seaboard of Sabah was not territorial but riverine and confined to collecting toll at the mouth of certain main waterways.

This was the same situation in Malaya for example before British intervention and administration.

There’s history which states that Brunei disputed handing over the main waterway in the northern part of eastern Sabah to the Sulu sultan.

By the Madrid Protocol of 1885 between Spain, the UK and Germany, it was determined that the Sulu sultanate died out when the last Sultan did not leave a male heir.

https://www.freemalaysiatoday.com/category/nation/2020/07/30/philippine-foreign-minister-reasserts-claim-over-sabah/

My COMMENT on the above link . . .

Malaysia should not dignify’s statements by Manila on the so-called “Sabah claim” i.e. the proprietory right to collect toll along the main waterway in southern EssZone, and by extension in northern EssZone.

Brunei denies handing over any right to collect toll along the main waterway in northern EssZone to the Sulu sultan. The Sulu sultanate is defunct.

The British North Borneo Chartered Company abolished toll collection along waterways in Sabah.

The issue in Sabah, and Sarawak, is the Federal gov’t’s non-compliance on the Malaysia Agreement 1963 (MA63).

Sabah and Sarawak should Invoke Article VIII of MA63 for a new form of self-determination.

Malaysia cannot continue to occupy Sabah and Sarawak forever.

According to Genesis, the 1st Book of the Holy Bible, the Word of God, “if anything has a beginning, it will have an end”.

Only God has no beginning, and no end, God always was and always will be.

Word of God refers to eternal laws based on eternal truths. These have a spiritual nature.

The Holy Bible, the Word of God, is about the spiritual nature of truth.

Jesus said, in the Holy Bible, “you shall know the truth, and the truth shall set you free”.

The truth, once it emerges, cannot be hidden. “It will be shouted from the rooftops,” said Jesus.

Manila should read the Holy Bible, the Word of God, and not continue to harp on the so-called Sabah claim.

SABAH: A TIMELINE
https://flip.it/i3tDbg

1704 – Sabah (formerly North Borneo), which used to be ruled by the sultan of Brunei, is ceded to the sultan of Sulu, Jamalul Ahlam, in gratitude to the latter’s role in suppressing a revolt against the sultan of Brunei.

The above link from Manila is not true.

MNLF helping in Sabah claim

https://www.facebook.com/groups/553949527998238/permalink/3295055287220968/

I can’t open this link in FB because they kicked me out from the group and blocked me.

916 Occupation Day was my idea given to Daniel John Jambun to propose at a meeting in Kuching.

Failed char siew pau seller Lina Soo hijacked the idea and later claimed it came from her. No principles!

Since then, I have been tarohing her kaw kaw in the social media.

Read further here . . .

https://fernzthegreat.wordpress.com/2020/07/17/malaysia-agreement-ma63-ceased-to-exist-with-federal-govts-non-compliance/

No MA63, no Malaysia . . . MA63 basis for Sabah and Sarawak to be in Malaysia with Malaya as Equal Partners.

https://fernzthegreat.wordpress.com/2020/07/23/malayans-think-sabah-sarawak-stupid-to-be-in-malaysia-with-malaya/

The man in the street in Malaya does not think Sabah and Sarawak are in Malaysia.

a question for joe says:

Aug 2, 2020 at 12:23 pm

Edit

If you are such a smart educated person why are you not in Australia or Canada or USA?

Why stuck in backward part of Malaysia

hehehehehe

Like

Reply

fernzthegreat says:

Aug 2, 2020 at 5:12 am

Edit

Except for an international city like New York which is the publishing capital of the world, there’s really nothing to do in those boring countries.

Washington and England would be good places for a change either to teach or practise law and perhaps write. I might still do that but only for a time.

Money is not the be all and end all of life.

Principles matter.

Man does not live by bread alone.

Agi idup, agi ngelaban!

Lawan tetap lawan.

Kalau bukan kita, siapa lagi?

Kalau bukan sekarang, bila lagi?

This is not about us but the children, grandchildren and generations unborn.

The Gen Y should not piss on our graves.

If you see something, say something, do something.

Sabah and Sarawak are backward because of Malaya. The grinding poverty is the result of the transfer of wealth from those who have no power to those who have power.

This is a matter of international law and human rights. In fact, human rights is the basis of international law. Look up international customary practices.

International law has outlawed colonialism — the transfer of wealth — as a criminal enterprise. Apartheid, Nazism, fascism and the evil caste system have been outlawed too. There’s a case against ketuanan Melayu, political Islam and communism too.

Once Malaya quits Borneo, and quit it will as surely as the sun will rise tomorrow morning in the East, Sabah and Sarawak will find their rightful place in the sun.

When that day comes, I might head for Washington or England. Not sure about New York.

Liked by you

Reply

Author: fernzthegreat

Joe Fernandez holds a honours degree in management, majoring in economics, and has opted from academia in law to being a jurist (legal scholar). He works part time as English Cause Paper Editor and Journalist. He has been court reporter for 50 years. He's a longtime Borneo watcher. He teaches the English language privately as subject matter expert in public examination techniques.