NGO’s objections to challenge Territorial Sea Act dismissed

KOTA KINABALU (Feb 27): The High Court here on Thursday dismissed two preliminary objections by a non-governmental organisation (NGO) seeking to challenge the Territorial Sea Act (TSA) 2012.

Judge Alexander Siew How Wai who made the ruling, fixed March 14 for further mention on Sabah Action Body Advocating Rights’ (Sabar) other applications via Zoom call.

In September 2023, Sabar had filed the originating summons (OS) questioning the validity of the TSA 2012, which limits the State’s maritime boundary to only three nautical miles.
Sabar had named the government of the Federation of Malaysia as the sole defendant in this OS.

The plaintiff is seeking from court a declaration that the Continental Shelf Act 1966 and Petroleum Mining Act 1966 is inapplicable, unconstitutional, invalid, null and void in the territory of Sabah after June 19, 2012;

The plaintiff further sought from court a declaration that the territory of Sabah, after the annulment of the Proclamation of Emergency of 1969 on June 19, 2012, includes the continental shelf under the North Borneo (Alteration of Boundaries) Order in Council 1954;

Apart from that, they also sought from court declarations that the Mining Ordinance 1960 is valid in Sabah after June 19, 2012;

They also sought a declaration that Section 3(3) Territorial Seas Act 2012 which limits the territorial waters of Sabah to three nautical miles is inapplicable, unconstitutional, invalid, null and void in Sabah as of June 22, 2012;

Finally, a declaration that the territorial waters of Sabah, after the annulment of the Proclamation of Emergency of 1969 on June 19, 2012, includes the 12 nautical miles of sea under the Convention on Territorial Seas and Contiguous Zone 1958 and North Borneo (Definition Of Boundaries) Order In Council 1958; cost and any further or other relief deems fit.

Counsel Roland Cheng represented the plaintiff while Senior Federal Counsel Ahmad Hanir Hambaly represented the defendant.

-Agency