Written by Admin
Friday, 24 April 2009 13:13
The Kota Kinabalu Member of Parliament, Dr. Hiew King Cheu had received the document proof that the Philippine and the Sulu sultanate had totally no claim over the sovereignty on Sabah, previously the North Borneo.
After months of research, Dr. Hiew had got hold of the document proof to clear the air over the said claim. He hopes this will help to clear the matter once for all.
The document proof came from the famous “Macaskie Judgment, 1939” in the High Court of the state of North Borneo. During which, the Government of North Borneo and the British North Borneo Company claimed that the 1873 Agreement, concluded between Messrs. Overbeck & Alfred Dent and the Sultan of Sulu, had granted and ceded the rights and power of the Sultan in North Borneo to the former and that the lands and territories were already vested in the Company. Nevertheless, in his judgment, the Chief Justice found inter alia that the “ deed of Cession was a complete and irrevocable grant of territory and the right reserved was only the right to an annual payment ( cession Monies), a right which is in the nature of moveable property”.
The heir of the Sultan, had a rightful claim to the cession monies, had never been contested by the British Government then, which had succeeded the British North Borneo Company by virtue of the Agreement of 26 June, 1946.
However, the Philippines was already under American administration in 1939, and the United State had assumed the sovereignty of Spain over the Philippines and the Sulu Archipelago under the terms of the Treaties of 1898 and 1900 (concluded between the United State and Spain), the Bate Treaty of 1898, the Carpenter Agreement of 1915 and the Boundary Convention of 1930 (concluded between the USA and United Kingdom).
The terms of these treaties and convention were subsequently adopted in the Philippine Proclamation of Independence in 1946, under which the Republic of Philippines inherited the sovereignty of the United State over the Philippines as well as the Sulu Archipelago. However, in all these agreements and boundary conventions, North Borneo had never been the object of the pronouncement of the Chief Justice who did not specify in categorical terms that the Philippine Government was sovereign over North Borneo.
He proclaimed that the “Successors in sovereignty of the Sultan of Sulu are the Government of the Philippines Island” i.e. the USA. As such the decision could never be the true basis of the Philippine claim to the Territory of North Borneo.
The British government, in fact continued to pay the cession money to the rightful heirs under the terms of the 1878 Agreement. The Malaysian government which had, in turn, succeeded the British government, too did not contest this right, and continue to pay the money.
Therefore the claim towards the territory of North Borneo by the Philippines when all the Chief Justice’s decision did, inter alia, was to make pronouncement over the rights of certain heirs of the late Sultan to succeed to the cession monies under the term of the 1878 Agreement. Therefore, the Philippines could not put her claim to the sovereignty over North Borneo.
Based on the facts given and the historical records, it is factual that Sabah is no longer belonging to any one, but as an integral part of Malaysia.
Dr. Hiew wanted the New Minister of Foreign Ministry, Datuk Anifah Aman, to immediately work with the Philippine Government to declare there is no more claim towards Sabah, and the Cession Money shall also cease permanently.
The Philippine government shall immediately with effect to establish its Consulate in Sabah. An extract of the “Macaskie Judgment” has been handed over to Datuk Anifah for his reference.
Meanwhile, Sabahkini.net found out that Macaskie Dictum of 1939 declaration as below;
"In 1939, the heirs of Sultan Jamalul Kiram filed a suit case in the court of Borneo for the purpose of collecting the money due to them under the 1878 Grant. The issue before the court was the identity of the heirs of the sultan who were entitled to receive payments after his death. Through their attorney, they had the only English translation by Maxwell and Gibson (that translated the Grant of 1878 as cessation instead of lease, which is wrong according to a later translation)."
"It should be recalled, that the Grant in 1878 is in Arabic and is worded in the Malayan language. At the time the lawyer of the heirs filed the case, he had no original copy of the Grant in 1878. The erroneous Maxwell-Gibson translation was the one used, quoted, and paraphrased in the complaint filed by the attorney for the heirs of the Sultan. Years after the Macaskie dictum was made (which translated the Grant as cession instead of lease), the Philippine government had the copy translated into English. According to the result of the translation, the Grant of 1878 was a Lease Agreement. Under this circumstance, the Philippine Government could not accept the dictum of Judge Macaskie. In the judgment, the Grant of 1878 was viewed as a permanent cession or sale, and that the money that is to be paid to the heirs is “cession money.” "
Friday, 24 April 2009 13:13
The Kota Kinabalu Member of Parliament, Dr. Hiew King Cheu had received the document proof that the Philippine and the Sulu sultanate had totally no claim over the sovereignty on Sabah, previously the North Borneo.
After months of research, Dr. Hiew had got hold of the document proof to clear the air over the said claim. He hopes this will help to clear the matter once for all.
The document proof came from the famous “Macaskie Judgment, 1939” in the High Court of the state of North Borneo. During which, the Government of North Borneo and the British North Borneo Company claimed that the 1873 Agreement, concluded between Messrs. Overbeck & Alfred Dent and the Sultan of Sulu, had granted and ceded the rights and power of the Sultan in North Borneo to the former and that the lands and territories were already vested in the Company. Nevertheless, in his judgment, the Chief Justice found inter alia that the “ deed of Cession was a complete and irrevocable grant of territory and the right reserved was only the right to an annual payment ( cession Monies), a right which is in the nature of moveable property”.
The heir of the Sultan, had a rightful claim to the cession monies, had never been contested by the British Government then, which had succeeded the British North Borneo Company by virtue of the Agreement of 26 June, 1946.
However, the Philippines was already under American administration in 1939, and the United State had assumed the sovereignty of Spain over the Philippines and the Sulu Archipelago under the terms of the Treaties of 1898 and 1900 (concluded between the United State and Spain), the Bate Treaty of 1898, the Carpenter Agreement of 1915 and the Boundary Convention of 1930 (concluded between the USA and United Kingdom).
The terms of these treaties and convention were subsequently adopted in the Philippine Proclamation of Independence in 1946, under which the Republic of Philippines inherited the sovereignty of the United State over the Philippines as well as the Sulu Archipelago. However, in all these agreements and boundary conventions, North Borneo had never been the object of the pronouncement of the Chief Justice who did not specify in categorical terms that the Philippine Government was sovereign over North Borneo.
He proclaimed that the “Successors in sovereignty of the Sultan of Sulu are the Government of the Philippines Island” i.e. the USA. As such the decision could never be the true basis of the Philippine claim to the Territory of North Borneo.
The British government, in fact continued to pay the cession money to the rightful heirs under the terms of the 1878 Agreement. The Malaysian government which had, in turn, succeeded the British government, too did not contest this right, and continue to pay the money.
Therefore the claim towards the territory of North Borneo by the Philippines when all the Chief Justice’s decision did, inter alia, was to make pronouncement over the rights of certain heirs of the late Sultan to succeed to the cession monies under the term of the 1878 Agreement. Therefore, the Philippines could not put her claim to the sovereignty over North Borneo.
Based on the facts given and the historical records, it is factual that Sabah is no longer belonging to any one, but as an integral part of Malaysia.
Dr. Hiew wanted the New Minister of Foreign Ministry, Datuk Anifah Aman, to immediately work with the Philippine Government to declare there is no more claim towards Sabah, and the Cession Money shall also cease permanently.
The Philippine government shall immediately with effect to establish its Consulate in Sabah. An extract of the “Macaskie Judgment” has been handed over to Datuk Anifah for his reference.
Meanwhile, Sabahkini.net found out that Macaskie Dictum of 1939 declaration as below;
"In 1939, the heirs of Sultan Jamalul Kiram filed a suit case in the court of Borneo for the purpose of collecting the money due to them under the 1878 Grant. The issue before the court was the identity of the heirs of the sultan who were entitled to receive payments after his death. Through their attorney, they had the only English translation by Maxwell and Gibson (that translated the Grant of 1878 as cessation instead of lease, which is wrong according to a later translation)."
"It should be recalled, that the Grant in 1878 is in Arabic and is worded in the Malayan language. At the time the lawyer of the heirs filed the case, he had no original copy of the Grant in 1878. The erroneous Maxwell-Gibson translation was the one used, quoted, and paraphrased in the complaint filed by the attorney for the heirs of the Sultan. Years after the Macaskie dictum was made (which translated the Grant as cession instead of lease), the Philippine government had the copy translated into English. According to the result of the translation, the Grant of 1878 was a Lease Agreement. Under this circumstance, the Philippine Government could not accept the dictum of Judge Macaskie. In the judgment, the Grant of 1878 was viewed as a permanent cession or sale, and that the money that is to be paid to the heirs is “cession money.” "
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