SECESSIONIST Sarawak politician Voon Lee Shan seemed unrattled by the threat from Prime Minister Dr Mahathir Mohamad to use the Sedition Act on him.

The prime minister, in a written reply to DAP’s Lanang MP Alice Lau, said he would only act if the pro-secession drive jeopardised public order and security.

Lau had asked what action the government could take against those who call for Sarawak’s secession and if such secession is allowed by the federal constitution and Malaysia Agreement 1963.

The prime minister said the government’s restrained posture is in line with its policy to promote freedom of speech.

Voon, a lawyer and president of newly formed Parti Bumi Kenyalang, said what is seditious is not strictly defined in the Sedition Act.

“Therefore, what is seditious is very subjective. We have to be guided by decided cases.

“With all humility, as the law now stands of which I stand guided and be corrected, there is no decided case in Malaysia to say that talking or speaking about independence or cessation is seditious or is against the law,” he said in reply to a WhatsApp message seeking his reaction.

Voon said many legal experts are also of the opinion that the Sedition Act is only applicable to sedition or seditious materials against “own country”.

“Sabah and Sarawak are countries in their own right before they became part of Malaysia.

“It is clear that nothing is mentioned in the federal constitution to say that Malaysia is a country.

“The federal constitution only says Malaysia is a federation comprising Sabah and Sarawak and states of Malaya.”

On Dr Mahathir’s argument that there was also no provision under the federal constitution, the Malaysia Agreement 1963, or the Inter-Governmental Committee Report that touched on any rights by Sabah and Sarawak to secede from Malaysia, Voon said he agreed.

“Even though there is no provision under the federal constitution, the Malaysia Agreement 1963 or the Inter-Governmental Committee Report that touched on any rights by Sabah and Sarawak to secede from Malaysia, there is nothing in the federal constitution, being the supreme law of the land, to prohibit Sabah and Sarawak to seek exit from the federation of Malaysia.

“It is a principle of law that anything done not prohibited by law is legal.”

Voon also said under international law, “there is intrinsic right for colonies or a region of a country to break away from the parent country or region if they are subjected to political suppression, oppression and domination by the parent country or region”.

“They have a right to seek independence under international law if economic and political differences could not be resolved with the parent region or parent country.”

He also said Lord Lansdowne, the chairman of Inter-Governmental Committee, had said “exit clause is not necessary because the right to enter into the federation comes with the right to exit at anytime”.

“There is no need to seek permission to exit if differences could not be resolved.” 

“Singapore kicked out itself from the federation of Malaysia in 1965 on these grounds.”

Dr Mahathir, in his reply, also said several other laws under the Penal Code like waging war against the Yang di-Pertuan Agong could be used if it became an armed uprising. – July 5, 2019.