KUCHING: Maintaining the original spirit of the Malaysia Agreement 1963 (MA63) is very important, especially in relation to court decisions that can violate the agreement.

Sarawak Governor Tun Pehin Sri Dr Wan Junaidi Tuanku Jaafar took the example of the provisions under the Immigration Act which empowers the Sarawak Government to prevent the entry of individuals into Sarawak where the courts have the power to determine whether it can be implemented or not.

He explained that the action completely continues to be a matter that violates the spirit of MA63 which will raise various issues from that power.

"If this happens, the entire meaning of the Malaysia Agreement will change completely because the original spirit of the agreement will be set aside by the basic structural doctrine, so several problems have arisen from this issue," he said.
He said this when speaking at the ICM Dinner in conjunction with the inaugural 'Bencher' Award Ceremony of the Sarawak Governor on Saturday.

Tun Pehin Sri Dr Wan Junaidi explained that although the Malaysia Agreement 1963 is not directly part of the text of the Federal Constitution, it still has significant legal and political value in shaping the relationship between the states and the Federation.
He said that the court's decision in determining the rights contained in MA63 questioned whether it was considered a condition or part of what is called the basic structure doctrine.

"If not, then the right given to Sarawak and Sabah to use immigration powers to prevent the entry of individuals who are accepted as something very fundamental to the people of Sarawak and Sabah will be subject to the court's decision," he said.

Also present were the wife of the Sarawak Governor, Toh Puan Datuk Patinggi Fauziah Mohd Sanusi, Deputy Prime Minister Dato Sri Fadillah Yusof, ICM Advisor Tun Dato Seri Zaki Tun Azmi, ICM President Tun Ariffin Zakaria, Chief Justice Dato Wan Ahmad Farid Wan Salleh, Speaker of the Senate Dato Awang Bemee Awang Ali Basah, Sarawak Minister of Youth, Sports and Entrepreneur Development Dato Sri Abdul Karim Rahman Hamzah, US Ambassador to Malaysia Edgard D. Kagan, President of the Court of Appeal Dato Abu Bakar Jais, Chief Justice of Malaya Tan Sri Hasnah Dato Mohammad Hashim, Chief Justice of Sarawak and Sabah Datuk Azizah Nawawi and other dignitaries. -UKASnews