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On 22 January 1878, an agreement was signed between the Sultanate of Sulu and British commercial syndicate (Alfred Dent and Baron von Overback), which stipulated that North Borneo was either ceded or leased (depending on translation used) to the British syndicate in return for payment of 5000 Malayan Dollar per year.[33] [31]
British version
“ ... hereby grant and cede of our own free and sovereign will to Gustavus Baron de Overbeck of Hong Kong and Alfred Dent Esquire of London...and assigns for ever and in perpetuity all the rights and powers belonging to us over all the territories and lands being tritutary to us on the mainland of the island of Borneo commencing from the Pandassan River
on the north-west coast and extending along the whole east coast as far as the Sibuco River in the south and comprising amongst other the States of Paitan, Sugut, Bangaya, Labuk, Sandakan, Kina Batangan, Mumiang, and all the other territories and states to the southward thereof bordering on Darvel Bay and as far as the Sibuco river with all the islands within three marine leagues of the coast.[34]
”
Sulu version
“ ...do hereby lease of our own freewill and satisfaction to...all the territories and lands being tributary to [us] together with their heirs, associates, successors and assigns forever and until the end of time, all rights and powers which we possess over all territories and lads tributary to us on the mainland of the Island of Borneo, commencing from the Pandassan River on the west coast to Maludu Bay, and extending along the whole east coast as far as Sibuco River on the south,..., and all the other territories and states to the southward thereof bordering on Darvel Bay and as far as the Sibuco River, ..., [9 nautical miles] of the coast."[35] ”
On 22 April 1903 His Majesty Sultan Jamalul Kiram signed a document known as "Confirmation of cession of certain islands", under what he either grant and ceded or leased additional islands in the neighbourhood of the mainland of North Borneo from Banggi Island to Sibuku Bay to British North Borneo Company. The sum 5,000 dollars a year payable every year increased to 5,300 dollars a year payable every year.
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A senior lawyer from Sandakan asked me about the Malaysia versus Indonesia case of Sipadan and Ligitan islands in which the International Court of Justice ruled that Sabah has sovereignty over the contested islands by virtue of an old legislation regulating the collection of turtle eggs ordained by the former British colonial government.
The Philippines applied to intervene as a third party in the proceedings but was disallowed because both Malaysia and Indonesia objected to it; now why? I believe both Malaysia and Indonesia will go home empty-handed because the Philippines can and will be able to establish sovereignty claims on Sabah thereby making ownership of the two islands theirs as well.
I asked him back: if in a court case, both sides of the legal team deliberately conceal evidence with the intention of misleading the judges, how legitimate is a judgment which was rendered in ignorance? His answer was “the judgment does not hold water”.
I was also asked about the Madrid Protocol signed by Germany, Britain, and Spain which contained provisions greatly distorted by lay Malaysian commentators.
If a bandit attempted to rob your house and then entered into an agreement with a second bandit in relation to the loots which may not have been taken from your house, is the agreement legal? The answer is NO because such agreement is void ab initio (from the beginning).
Readers who still think that just because certain people in Sabah of the past had chosen to form Malaysia on Sept 16, 1963, such action supersedes the sovereignty of the Philippines have complete absurd mentality. They should read what Tunku Abdul Rahman signed on July 31,1963 – Article 12 of the Manila Accord:
“The Philippines made it clear that its position on the inclusion of North Borneo in the Federation of Malaysia is subject to the final outcome of the Philippine claim to North Borneo. The Ministers took note of the Philippine claim and the right of the Philippines to continue to pursue it in accordance with international law and the principle of the pacific settlement of disputes. They agreed that the inclusion of North Borneo in the Federation of Malaysia would not prejudice either the claim or any right thereunder. Moreover, in the context of their close association, the three countries agreed to exert their best endeavours to bring the claim to a just and expeditious solution by peaceful means, such as negotiation, conciliation, arbitration, or judicial settlement as well as other peaceful means of the parties’ own choice, in conformity with the Charter of the United Nations and the Bandung Declaration.”
He also signed on Aug 5, 1963 – Article 8 of the Joint Statement by the Philippines, the Federation of Malaya, and Indonesia:
“In accordance with paragraph 12 of the Manila Accord, the three Heads of Government decided to request the British Government to agree to seek a just and expeditious solution to the dispute between the British Government and the Philippine Government concerning Sabah (North Borneo) by means of negotiation, conciliation and arbitration, judicial settlement, or other peaceful means of the parties’ own choice in conformity with the Charter of the United Nations. The three Heads of Government take cognizance of the position regarding the Philippine claim to Sabah (North Borneo) after the establishment of the Federation of Malaysia as provided under paragraph 12 of the Manila Accord, that is, that the inclusion of Sabah (North Borneo) in the Federation of Malaysia does not prejudice either the claim or any right thereunder.”
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3. The presence of Philippine militants in Sabah IS AN ACT OF WAR upon a sovereign nation, as they are armed and with intentions to kill and had already started slaughtering innocent malaysians, for the purpose to claim terroritory. If the Philippine Govt refuses to act DECISELY upon those militants, it only proves that they are complicit in this ACT OF WAR upon Malaysian territory.
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The fighters are veteran members of the Moro National Liberation Front (MNLF) who waged a decades-long insurgency against the Philippine government before signing a 1996 peace pact, Muhajab Hashim told AFP. "Many have slipped through the security forces. They know the area like the back of their hands because they trained there in the past," Mr Hashim told AFP.
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