Mohamad Asfia says the matter, if formally tabled, would serve as a “litmus test” of its viability at the federal level. – Photo by Chimon Upon

KUCHING (May 9): Julau MP Datuk Larry Sng’s proposal for Sarawak to consider granting Bumiputera status to third-generation Sarawakian Chinese could be brought to the Dewan Rakyat as a test of parliamentary support, said State Legislative Assembly (DUN) Speaker Tan Sri Datuk Amar Mohamad Asfia Awang Nassar.

According to Mohamad Asfia, the matter, if formally tabled, would serve as a “litmus test” of its viability at the federal level.

“He can table this convoluted logic in the Dewan Rakyat as a litmus test and prove how much support the motion could garner,” he told a press conference after chairing the pre-council meeting ahead of the DUN sitting at the Parti Pesaka Bumiputera Bersatu (PBB) headquarters here.

Sng, who is also Parti Bangsa Malaysia president, had in March suggested during an online talk show that the Sarawak government consider granting Bumiputera status to third-generation Chinese Sarawakians.

Explaining the historical and constitutional context, Mohamad Asfia said the position and special rights of Malays were central to the formation of the Federation of Malaya in 1957.

“Fundamental and central to the Independence of the Federation of Malaya in 1957 was and is the position and special rights of the Malays vis-à-vis the non-Malays,” he said, adding that this was reflected in Article 153 of the Federal Constitution.

He added that with the formation of Malaysia in 1963, similar provisions were incorporated into constitutional arrangements involving Sabah and Sarawak, including provisions under Article 161A and related safeguards for the Bornean states.

“These provisions are entrenched in the Federal Constitution and other laws,” he said.

Mohamad Asfia also referred to developments in Sabah’s recent state election, claiming that the Chinese electorate had rejected and ousted Democratic Action Party (DAP) and, for the first time in totality, voted for a Bumiputera-based party, Parti Warisan, under the leadership of Datuk Seri Shafie Apdal.

He added that in Sarawak, there had long been political cooperation between Chinese leaders and Bumiputera communities, particularly in both state and parliamentary constituencies.

Among those he named were Deputy Premier Datuk Amar Prof Dr Sim Kui Hian, Dato Sri Lee Kim Shin, Datuk Sebastian Ting, Dato Sri Huang Tiong Sii, Datuk Ding Kuong Hiing, Dato Lo Khere Chiang, Wilfred Yap and Johnny Phang.

“Yet these Chinese leaders whom the Bumiputras fully support time and time again are the very leaders that the DAP wants the Chinese electorate to reject,” he said.

Mohamad Asfia also said that any proposal involving Bumiputera status and constitutional provisions would require a high threshold of legislative support.

“To obtain a two-thirds majority in Dewan Rakyat and DUN Sarawak is quite another matter,” he said.

He further noted that constitutional amendments involving the position of Malays and Bumiputeras would require parliamentary approval and, where applicable, consultation with the Conference of Rulers.

“Where Malay and Bumiputra rights are involved, the consent and sanction of the Sultans and the Conference of Rulers must be obtained,” he said, adding that Articles 38, 153 and 159 of the Federal Constitution outline such mechanisms.

He also said that safeguards under Article 161E relating to Sabah and Sarawak require concurrence from the state heads, while native status matters are governed by state-level legal and administrative frameworks.

“The Yang di-Pertuan Agong has a specific constitutional responsibility to safeguard the position of Malays and the natives of Sabah and Sarawak,” Mohamad Asfia added.

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