STS transfer hub still within Johor's jurisdiction

ADUN SPEAKS | Recently I saw a news report that quoted KA Petra Sdn Bhd chairperson Shahrul Amirul saying the STS (ship-to-ship) transfer hub project is located and operating outside of Johor territory because it is 3.5 nautical miles away from the state's shores.

As a former legal practitioner and a student of law of the sea, I find this statement wholly irresponsible from a person lacking knowledge on the legal background of this matter.

Two key components of the Territorial Sea Act 2012 (TSA) are found in Section 3(1), which basically endorse the definition of Territorial Sea as defined by the 1982 Law of the Sea at 12 nautical miles; and Section 3(3), which seek to limit the state jurisdiction to three nautical miles.

The problem is, Article 2 of the Federal Constitution stipulates that the Parliament may, by law, alter the boundaries to any state but a law altering the boundaries shall not be passed without the consent of that state in a state legislature, and of the Conference of Rulers.

As far as I am aware, no such motion or enactment was ever passed in the Johor state legislative assembly nor was any royal ascent from the ruler received.

Hence, I would assert that similar to land jurisdiction, the state water jurisdiction runs parallel with that of Malaysia and shall be 12 nautical miles in view that Section 3(3) of the act is in direct violation of the federal constitution unless and until the state approves it under the existing legal mechanism.

It must also be noted that this is not a novel issue, as previously Sabah, Sarawak and Kelantan have also challenged this part of the TSA.

Land and water jurisdictions are sacrosanct to the state as enshrined under the federal constitution and we are minded to always be vigilant and defend our state’s right should any party seek to challenge our sovereignty.

JIMMY PUAH WEE TSE is Bukit Batu assemblyperson and Johor executive councillor.

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