In his winding-up speech at the 18th State Legislative Assembly sitting here today, he said Section 3(3) of the Act stated that the state jurisdiction area would not exceed three nautical miles, measured from the low water line.

“The state government is unable to see any justification as to why for the nation (Malaysia), the territorial sea is 12 nautical miles from shore but for Sabah and Sarawak, it is only three nautical miles.

“Moreover, no justification has been offered as to why in times of Emergency, its territorial waters should be 12 nautical miles, but when there is no Emergency, the territorial waters is limited to only three nautical miles.”

He said this meant that the state’s right to fisheries, marine and mineral resources, tourism sites in marine areas and others would be confined to only three nautical miles off its coastline.

Adenan said if the Federal Government wanted any state land for federal purposes, it had to comply with the provisions of chapter 4 Part VI of the Federal Constitution.

He said when the Proclaimation of Emergency 1969 was still in force, the Yang di-Pertuan Agong made the Emergency (Essential Powers) ordinance No 7 of 1969.

It came into force on Aug 10, 1969 to prescribe the limit of Malaysian territorial waters as 12 nautical miles from the coastline.

When this proclamation was annulled by both Houses of Parliament in 2011, Parliament passed the Territorial Sea Act 2012.

According to the Preamble of the Act, it was passed because the Emergency (Essential Powers) Ordinance No 76 of 1969 had, by virtue of Article 150(7) of the Federal Constitution, ceased to have effect six months after the annulment of the Emergency Proclamation, he said.

Therefore, he said, there was no law which stipulated the breadth of the territorial sea of Malaysia.

Adenan also said the state government was never consulted before this Act was passed in Parliament.

– BERNAMA