KUCHING, Feb 16 — All Sarawak citizens, who are born in Sarawak including those of Chinese and Indian racial origins, should be considered as ‘natives’ of Sarawak, said See Chee How (PSB-Batu Lintang).
He said he agreed with Assistant Minister in the Chief Minister’s Department (Law, MA63 and State-Federal Relations) Datuk Sharifah Hasidah Sayeed Aman Ghazali that the State Constitution is a living being, and can be changed over time.
“I hope that we will make the Constitution all encompassing, to include and serve all Sarawakians in Sarawak,” he said in debate in support of the Interpretation (Amendment) Bill at the Sarawak State Assembly (DUN).
The Bill was tabled by Sharifah Hasidah and had been passed by the DUN.
According to See, before the formation of Malaysia particularly during the Brookes’ era, the White Rajahs recognised the potentials of the Chinese contribution in nation building.
He said they encouraged the Chinese to make Sarawak their homes, through giving of squatter licences and grants before 1890, to cultivate, farm and build their homes in Sarawak.
The added efforts culminated in the enactment of the Land Regulations Order No. VIII (8 in Roman numerals), 1920, which came into force from January 1, 1923 vide Sarawak Government Gazette Notification No: 143 (in Roman numerals CXLIII), 1922 dated November 16, 1922 at page 406.
“The enactment, the order cited as the Land Order 1920, repealed all previous Orders, and in interpretation section, section 2, ‘A Native’ means a natural born subject of His Highness the Rajah.
“Literally, this simply means that any natural born Sarawakian is a native in Sarawak, including the Chinese and Indians,” he said.
See said he could not find the relevant latter Order or legislature which had repealed or annulled the native status that was accorded to the Chinese and Indians through the Land Order 1920, but it was and is clearly the provisions in the Federal Constitution and the existing Sarawak Interpretation Ordinance that the Chinese and Indians are not considered as natives of Sarawak.
“Many foreigners have been made natives, and even regarded as members of the indigenous race, by operation of the laws,” he said.
On the Bill, he pointed out the first part of Clause 2 of this Bill has rightly and necessarily promulgated a new Schedule which inserted additional races considered to be indigenous to Sarawak.
He said this includes a person who is a citizen and is a natural born child of a person of a race indigenous to Sarawak.
He added amending the Schedule of the Interpretation Ordinance, 2005 is to express in clarity and be substantially consistent with the recent amendment to Article 161A of the Federal Constitution, to protect and safeguard the special privileges, interests and rights of the first people or the indigenous people of Sarawak.
“Clause 2 (b) of this Bill and the proviso are in relation to those who are not persons or descendants of a race indigenous to Sarawak, but are natives of Sarawak because Sarawak is a country of their origin or birth, or by operation of the laws as described in clause 2 (b) of this Interpretation (Amendment) Ordinance, 2022.
“By saying that they should satisfy ‘the conditions and requirements imposed by Majlis Mesyuarat Kerajaan Negeri for recognition of such a person as a native of Sarawak’ and with the expressed proviso that the new Schedule ‘shall not have any effect on any rights and privileges (other than the determination of native status) including relating to inheritance, acquisition, purchase, transfer, sale or disposal of or of other dealing in land subsisting, made or occurring prior to the date of coming into force of this Ordinance, and which has been finally decided by a Court of competent jurisdiction or by a competent authority’, as specified in this Bill, means that others are qualified to be natives, though they are not of a race indigenous to Sarawak,” he argued. — Borneo Post
