SARAWAK said federal constitution and state laws make it clear Bintulu Port is under its jurisdiction and not Putrajaya’s.

“Bintulu port is ours,” said Sarawak assembly Speaker Mohd Asfia Awanag Nassar.

Asfia said the state’s Port Authorities Ordinance 1961 for the establishment of ports and habours has never been repealed and remains good law.

Asfia said the federal government may have violated the federal constitution in making the port a federal asset.

Earlier, Deputy Chief Minister James Masing said the state government is looking at the state’s constitutional rights over the port that was established under the Bintulu Port Authority Act 1981, which made it a federal statutory body under the Transport Ministry.

Asfia said reading Article 95B(l)(a) of federal constitution with Article 76(1)(c), showed that Putrajaya had no legal right over the port.

Article 76(1)(c) states that parliament may “take laws in respect to any matter enumerated in the State List”, but only if so requested by the legislative assembly of the state.

In reference to the port being established under the Bintulu Port Authority Act 1981, Asfia pointed out the Sarawak state assembly has never requested for it.

“The Sarawak state assembly has neither relinquished its right over Bintulu Port nor has the legislature consented to the establishment of the port.”

Transport Minister Anthony Loke, in a working visit to Miri earlier in the month, had said “it will not be an easy move for Sarawak as the port was established through an act of parliament”.

“It is a federal port and we have a federal legislation,” Loke had said when visiting the Miri DAP headquarters.

Consolidating and upgrading all Sarawak ports is one of the five key areas the state government had set its eyes on after the recent state cabinet reshuffle.

Chief Minister Abang Johari Openg said the state wants “to consolidate port management and operation as per the constitution”, in reference to Item 15 in the supplementary List IIA of the state list under the 9th Schedule where it stated that “ports and harbours, other than those declared to be federal by or under federal law; regulation of traffic by water in ports and harbours or on rivers wholly within the state, except traffic in federal ports or harbours; foreshores”, are under the state list. – September 13, 2019.