No one in Borneo, Malaya, more SPECIAL than another Malaysian

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

None in Borneo, Malaya, more SPECIAL than another Malaysian.

“Reasonable proportion” Article 153, Malay Definition Article 160(2), reservation land, Islam, NCR land does not make anyone more special, Bahasa Melayu Article 152 no proof of race.

There’s no birthplace citizenship, jus soli, in Malaysia.

Citizenship by operation of law is based on descent — jus sanguinis — from a citizen i.e. blood ties.

Citizenship by registration, naturalisation, and certificate are based on other criteria listed in the Federal Constitution.

Dennis Chua Eow Seong, the Constitution is colour blind. The law does not go into history, anthropology, DNA, geographical origin and place of birth.

Notwithstanding the “reasonable proportion” clause in Article 153, no one is more special than another in the Constitution. Article 8 refers.

Orang Asal are about ancestral and historical property rights inherited under Adat and law by the right of first settlement and working the land in the vastness and emptiness of a geographical expanse bounded by water, jungle and mountain. Article 161A, Article 13, Article 5, Article 8.

The so-called Malays in Malaya are not Orang Asal. They don’t have NCR land. Malay in the Constitution, Article 160(2), is not race but a form of Identity for Muslims governed by the Merdeka cutoff line.

Malay reservation in Malaya is a misnomer for gov’t reservation.

Such land, untitled, were created by British colonialists on Orang Asli land to get Muslim communities out of places needed to plant rubber and mine tin.

Reservation land can be degazetted for public use or to return to the Orang Asli.

The first Orang Asli in Malaya were the Negrito (Semang) from Kerala, southwest India. They came 40K years ago and spread to Sumatra, Thailand, Borneo and the Philippines.

The Negrito in Kerala came 70K years ago to India from east Africa. They are still there in the mountains of Kerala.

The Negrito are still there in the mountains of Malaya.

The Orang Asli in Malaya are covered by the Aboriginal People’s Act 1954.


Mahathir from Kerala was ventilating his ignorance by saying that those in Sabah are the same race as those in the Philippines.

That’s not true.

The dialects, languages, anthropology, culture, customs and traditions in Sabah are completely different from those in the Philippines.

The Orang Asal in Sabah and Sarawak are about NCR, property rights, guaranteed by Article 161A, Article 13, Article 5, and Article 8, Adat and the Native Court.

Only non-Orang Asal covered by the Malaysia Agreement 1963 (MA63), and those in Sabah and Sarawak under the Federation of Malaya Independence Act 1957 and Orang Asal are Sabahans and Sarawakians.

The High Court has case law on “strong Sabah connections”.

The public perception in Sabah is that strong Sabah connections does not necessarily mean Sabahan. However, such public perception may be wrong in law.

The PTI will never be accepted as Sabahans as they are lawbreakers, having entered the country illegally and/or overstayed and created a lot of social problems.

The Federal gov’t should adopt my blog piece as the Way Forward on those holding IMM13 and related issues.

However, it certainly does not mean that those mentioned in the blog piece would be accepted as Sabahans by Sabahans.

Sabahans cannot be forced to accept as Sabahans those that they reject forever.

Read further here . . .

Britain finally seized Malaya from Siam in 1909.

The onus on illegal immigrants in Malaysia to prove they qualify for Amnesty, if declared and offered.

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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