No compromise in Borneo Territories on Malaysia Agreement 1963 (MA’63) . . .
Putrajaya will not accept MA’63 in toto.
Sabah and Sarawak, not seeking early determination of the status of the Malaysia Agreement 1963 (MA’63) after 16 Sept 1963, remains a fatal flaw in law.
The passage of time, the several elections held and the changing of the guard will work against Sabah and Sarawak on MA’63.
Having said that, no court under the circumstances, will declare that Sabah and Sarawak had legal capacity on 9 July 1963 to sign MA’63.
It will not say that MA’63 was valid or invalid. It will also not compel the signatories to comply with the Agreement.
The court can only offer compensation which must be quantified by the party making Claims. The quantification must be done at the Asst Registrar’s Office.
The court will advise the Borneo Territories, Sabah and Sarawak, and Putrajaya to settle MA’63 out of court.
Putrajaya will not accept MA’63 in toto. That automatically places the Agreement as having been breached.
MA’63 will cease to exist, having been breached, if there’s any alteration or non-compliance. Any new Agreement will have to be accepted by both sides.
It’s unlikely that the Borneo Territories will compromise on MA’63, not a word less, not a word more.
Local control must mean the return of local gov’t elections, not control by local tyrants.
The Federal gov’t is the only protection the people have against local tyrants like Mustapha, Harris Salleh, Abdul Rahman Yaakub, WHD Taib Mahmud and other wannabe local tyrants.
Before Sabah and Sarawak exit Malaysia, Federal gov’t should be set up in the two Territories. They should be divided into states or provinces headed by Governor and Chief Minister.
Sabah and Sarawak can emulate Singapore in 1965, and seek self-determination but not exit the Malaysian Common Market.
Singapore in fact was given independence by Malaysia after the City State sought and was denied access to the Malaysian Common Market.
Unlike the Borneo Territories, Singapore would have remained in Malaysia if it had access to the Malaysian Common Market.
Singapore and Malaya are inseparable Siamese Twins despite having separated.
Singapore can still gain access to the Malaysian Common Market if the Borneo Territories exit Malaysia but remain in the Malaysian Common Market.