Thursday, April 14, 2022

Only Monkeys and Frogs will agree to be paid with peanuts

Not only Sabahans entitled to the 40% revenue, but the interests accumulated throughout the unpaid years, as well as the damages caused by the non payment of the agreed sum. The damages caused by the deaths of Sabahans due to insufficient doctors, medicine, and accidents caused by poor roads.

Remember that the agreement is with the people of Sabah, not between Sabah State Government and Federal Government.

Although if the amount is too much such that it made Sabah 10 times well off compared to the poorest in West Malaysia, then the amount can be given less, based on natural justice, despite the agreement.

You must take into account that when Sabah formed Malaysia, Sabah was the second richest state in Malaysia. It even had railways and world wide communication towers. Naturally, it is unfair that the resources in Sabah cannot be made to uphold that Standard, at the very least.

Will that 125 million RM be sufficient to repair the roads in Sandakan, to be at least on par with Somalia, the second poorest nation on earth? Certainly not. Added to the number of doctors in Dabah that is only half(50%) of MALAYSIA. MALAYSIA, mind you, not only West Malaysia. This means the disparity in the number of doctors is worse. Sabah only has 40% of the number of doctors in West Malaysia.

Another issue not realised is that, 40% does not include Federal expenditure in Sabah. If the Federal Government spends all the 40% of revenues it got from Sabah, then there is no need to give a single cent to the Sabah state government.

For example, the road repairs can be paid by the Federal Government. If not paid, it does not count. Giving money allocations are useless if they were not spent in the end in Sabah.

Sabah hails hike in special grant but not giving up on 40% tax revenue

Durie Rainer Fong

April 14, 2022 8:09 PM

Hajiji Noor (second left) in a video conference chaired by Prime Minister Ismail Sabri Yaakob today to discuss the Malaysia Agreement 1963. (Sabah chief minister’s department pic)

KOTA KINABALU: The Sabah government has welcomed the increase in the special grant payment to the state by Putrajaya.

Chief minister Hajiji Noor, however, said the state would not drop its pursuit of 40% of revenues collected by the federal government to be returned to Sabah.

“It is a very good development for Sabah. It shows that the federal government is prepared to listen to us. This is a positive sign.

“But negotiations are still ongoing to get the 40% as agreed in the Malaysia Agreement 1963 (MA63),” he said in a statement today.

“It is a very good development for Sabah. It shows that the federal government is prepared to listen to us. This is a positive sign.

“But negotiations are still ongoing to get the 40% as agreed in the Malaysia Agreement 1963 (MA63),” he said in a statement today.

Earlier today, Prime Minister Ismail Sabri Yaakob announced that Putrajaya would increase its annual payment to Sabah to RM125.6 million this year, more than quadruple the RM26.7 million paid previously.

“However, the special grant will mean nothing if our delivery system is not up to mark,” the Kinabatangan MP said in a statement.

Opposition leaders have raised questions on the new special grant amount.

Ismail also said the amount would increase every year from 2023 to 2026 according to a rate agreed by Putrajaya and the Sabah government.

He added that this decision came after the federal and state governments reached a consensus on reviewing the special grant to Sabah under Article 112D of the Federal Constitution.

Deputy chief minister Bung Moktar Radin also gave the thumbs-up to the increment, saying many more development programmes could be implemented in Sabah.

Upko president Wilfred Madius Tangau urged the state and federal governments to disclose the basis on which they agreed on the new amount.

The Tuaran MP was also worried if the state would eventually compromise its stand on the 40% tax sharing formula, which is provided for under Article 112C of the Federal Constitution.

“Finance minister Tengku Zafrul Aziz had previously said the new revenue sharing formula between the Sabah and federal governments will render the 40% formula inapplicable. How can you abrogate Article 112C just like that?

“We in Upko and Pakatan Harapan (PH) cannot agree on that and our stand is that we will never compromise on the 40% formula,” he told FMT.

Sabah DAP secretary Phoong Jin Zhe denied that this was the first time the special grant had been increased since 1969, with reference to Hajiji making such a claim in a Facebook post.

The Luyang assemblyman said the PH government had in fact increased the payment when it was in power in 2019.

He said then finance minister Lim Guan Eng had announced during the tabling of the 2020 federal budget that the rate would be doubled to RM53.4 million.

He added that there had also been plans to double the rate again to RM106.8 million within the next five years.

“That means what the federal and state governments are doing now is basically going back to the framework adopted during the PH administration.

“But I still think this is a good start to return justice to Sabahans.”

https://www.freemalaysiatoday.com/category/nation/2022/04/14/sabah-hails-hike-in-special-grant-but-not-giving-up-on-40-tax-revenue/

Sunday, April 10, 2022

British Translation of Sulu Sultan's Sabah Agreement

This British Translation of the Sabah's Sulu agreement tally very closely to the Malay word, Anugerah as grant, Serahkan as Cede. There is no pajak word in Jawi but there is the sewa word.

Even pajak in Malay is not the same as sewa. More in line with ceding or surrendering rights, similar to the Tausug word Sanda, where Sanadakan got its name.

Also, even in so called Prof. Cocklin translation admits that the transfer is permanent and cannot be retransfered to anybody else without consent of the British government. Certainly cannot be transfered to the Filipino government.

No pajak word in Sulu Sultan's Sabah Agreement, only Anugerah dan serahkan

Just syrange where the alleged Professor Cocklin got his word "pajak" from. His imagination probably. So the British Translation is the correct one.

Pajakan Sabah in Jawi Translated by Prof. Conklin

Take note of the phrases:

forever,

shall not be transfered,

which means that the word lease is nonsense. Leasing forever and cannot be transfered? More like selling or ceding.

This translation is nothing more than forgery.

The jawi words clearly showed, "Anugerah dan Serahkan", correctly translated into grant and cede in the British translation.

Translation by Professor Conklin of the Deed of 1878 in Arabic characters found by Mr. Quintero in Washington

January 22, 1878

TRANSLATION BY PROFESSOR CONKLIN OF THE DEED OF 1878 IN ARABIC CHARACTERS FOUND BY MR. QUINTERO IN WASHINGTON⁶

Signature of Sultan
Mohammed Jamalul Alam

Official seal of the
Sultan of Sulu

GRANT BY THE SULTAN OF SULU OF A PERMANENT
LEASE COVERING HIS LANDS AND TERRITORIES
ON THE ISLAND OF BORNEO

Dated January 22, 1878

————

We, Sri Paduka Maulana Al Sultan MOHAMMED JAMALUL ALAM, Son of Sari Paduka Marhum Al Sultan MOHAMMED PULALUM, Sultan of Sulu and of all dependencies thereof, on behalf of ourselves and for our heirs and successors, and with the expressed desire of all Datus in common agreement, do hereby desire to lease, of our own free will and satisfaction, to Gustovus Baron de Overbeck of Hong Kong, and to Alfred Dent, Esquire, of London, who act as representatives of a British Company, together with their heirs, associates, successors, and assigns forever and until the end of time, all rights and powers which we possess over all territories and lands tributary to us on the mainland of the Island of Borneo, commencing from the Pandassan River on the east, and thence along the whole east coast as far as the Sibuku River on the south, and including all territories, on the Pandassan River and in the coastal area, known as Paitan, Sugut, Banggai, Labuk, Sandakan, China-batangan, Mumiang, and all other territories and coastal lands to the south, bordering on Darvel Bay, and as far as the Sibuku River, together with all the islands which lie within nine miles from the coast.

In consideration of this (territorial?) lease, the honorable Gustavus Baron de Overbeck and Alfred Dent, Esquire, promise to pay His Highness Maulana Sultan Mohammed Jamalul Alam and to his heirs and successors, the sum of five thousand dollars annually, to be paid each and every year.

The above-mentioned territories are from today truly leased to Mr. Gustavus Baron de Overbeck and to Alfred Dent, Esquire, as already said, together with their heirs, their associates (company) and to their successors and assigns for as long as they choose or desire to use them; but the rights and powers hereby leased shall not be transferred to another nation, or a company of other nationality, without the consent of Their Majesties Government.

Should there be any dispute, or reviving of old grievances of any kind, between us, and our heirs and successors, with Mr. Gustavus Baron de Overbeck or his Company, then the matter will be brought for consideration or judgment to Their Majesties’ Consul-General in Brunei.

Moreover, if His Highness Maulana Al Sultan Mohammed Jamalul Alam, and his heirs and successors, become involved in any trouble or difficulties hereafter, the said honorable Mr. Gustavus Baron de Overbeck and his Company promise to give aid and advice to us within the extent of their ability.

This treaty is written in Sulu, at the Palace of the Sultan Mohammed Jamalul Alam on the 19th day of the month of Muharam, A.H. 1295; that is on the 22nd day of the month of January, year 1878.

Seal of the Sultan
Jamalul Alam

Witness to seal and signature
(Sgd.) W. H. TREACHER
H.B.M. Acting Consul General
in Borneo

Footnote:

⁶This document shows that on its face, its terms are those of a lease contract, disproving that the Deed of 1878 was a Deed of Cession or Sale.

Source: Philippine Claim to North Borneo, Vol. I