‘Sulu heirs’ should sue UK Govt, not Malaysia

BASED on news reports, there are two important issues surrounding the Sulu claim:

1) The claim for compensation (money) and
2) The territorial claim by the Philippines Government

Compensation is simple to settle, it is just a case of paying an agreed sum. The claim of territory is very very serious. It is a matter for both the Philippines and Malaysian Government to discuss amicably.

Malaysia need to consider that the Philippines is a bigger and progressive country with a population nearing 120 million. Remember the United States of America is 100% supporting the Philippines on any dispute.

The Sultanate of Sulu may have long gone, but Sulu remains a province of the Philippines. Therefore, whether there is a Sultan or not, is not the important issue. Every Philippines President has historically reiterated their continued pursuit of their territorial claim on Sabah. The recent statement by last President Rodrigo Duterte that the Philippines will continue with its claim on Sabah is food for thought.

The Sulu Archipelago is big with a population of nearly 5 million. It is bestowed with natural resources such as oil and gas and is considered one of the richest fishing grounds in the world.

It is not understood why Malaysia entertained the Sulu claim for compensation believed during Shafie Apdal’s Warisan time when a delegation including former lady AG allegedly went to Madrid to answer the claim when they could have easily ignored it.

The consequences of that action when the late Warisan MP was the Law Minister put the nation in a difficult situation. Hopefully, we will hear Warisan’s side of story.

Based on the archives, the British had acknowledged and accepted that the Sultan of Sulu mortgaged Sabah for a fee of $5000.00 per year.

The British in relinquishing its colonies and mandated by the United Nations, had handed over Sabah to Malaysia. Sabah was granted independence for two weeks before she joined Malaya, Sarawak and Singapore to form the Federation of Malaysia.

Therefore, the Sulu heirs should direct their claim for compensation to the British and not Malaysia. Unfortunately, Malaysia during Warisan time and when Dr Mahathir was Prime Minister gladly entertained the claim, although, Dr Mahathir later said it was done without his or Federal Cabinet’s knowledge or approval.

Malaysian officials entertaining the Suluk claim can only be deemed to justify their ‘legal work’ to go overseas. It is all for the just cause of ‘fighting the Sulu claim’ that they need to travel to Europe to fight the case. That is all.

Legally the following are important considerations;

* The Sulu Sultan signed the mortgage in perpetuity for $5000.00 (Mexican Dollar) a year. The British and Malaysian governments had paid the annual disbursement until 2013 after the Lahad Datu incursions.

* The Sultan had mortgaged the land and not his title as “Sultan”.

Justice Charles Macaskie made the judgement in 1939 to whom $5000.00 annual cession money is to be paid to.

Based on these facts, the Sulu or Philippine Province should direct their claim to the British and not the Malaysian Government. Malaysia just accepted Sabah in good faith.

Majapahit
Sandakan

This came out yesterday in the Daily Express Sunday FORUM.