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SAPP: Sabah government must take up the case on Territorial Sea Act 2012

Yong holding an old news report of the Borneonisation case and the current territorial sea case

Kota Kinabalu, Monday, 6 October 2025

SAPP and our newly elected assembly persons will unequivocally insist that the Sabah government which will be formed after the state elections to unconditionally take up the case of Sabah’s territorial seas case.

The first step is to have the post-election first cabinet meeting to instruct the Sabah Attorney General to immediately take up the case and work with the lawyers of SABAR, the plaintiff in the on-going case.

The second step is to pass a motion in the first sitting of the 17th Legislative Assembly to fully support the SABAR territorial sea case against the federal government, including to allocate manpower, research and financial resources because there is too much at stake in this case. All these critical actions can happen in November 2025.

In the coming elections, SAPP calls on all political parties and aspiring candidates to swear and pledge that they will unconditionally and unequivocally commit to force the newly elected Sabah government to take up this case.

Borneonisation case 2011-2012

As a matter of fact, SAPP has gone through similar hurdles in pursuing the case of Borneonisaiton of the public service which was a clear promise in the Malaysia Agreement 1963 (MA63).

The obstacles faced by SABAR in the current case on territorial sea resembles the Borneonisation case (2011 to 2012) that was brought by retired policeman Bernard Fung and an ex-teacher Nazib Maidan against the Federal and Sabah governments to honour the promise of Bornoenisation of the public service in Sabah (and Sarawak).

It was hugely difficult to access government records. It was costly in terms of time, energy and costs, although the lawyers worked pro bono (no fees).

The stakes in the ongoing territorial sea case is even more crucial for Sabah as the natural resources, the maritime territory, the financial and geo-political factors involved in the territorial seas case are fundamental and important for Sabah’s progress and security.

Datuk Yong Teck Lee
President, SAPP
Ex-Chief Minister May 1996 – May 1998