PENANG’s position as a state within the Federation of Malaysia is clear and has never been in dispute from a legal standpoint.
During his winding-up speech at the State Legislative Assembly, Chief Minister Chow Kon Yeow said the Federal Constitution explicitly states Penang as one of the states in Malaysia, equal in status to all other states.
“The issue concerning alleged ‘rent’ or ‘payments’ to Kedah does not arise at the State Government level. Based on the 1869 Agreement between the British and Kedah, as well as the provisions of Article 167(7) and Article 169(a) of the Federal Constitution, any annual payment commitments that existed during British administration were transferred to the Federal Government, not the Penang State Government,” Chow said.
He added that, from a legal perspective, Penang has no obligation to pay any form of rent, compensation or payment to Kedah, and that this position is consistent with the constitutional evolution of the nation and the structure of the Malaysian Federation.
“The state boundaries were conclusively defined under the Kedah and Penang (Alteration of Boundaries) Act 1985 [Act 325], passed by Parliament in accordance with Article 2 of the Federal Constitution.
“The state government strongly rejects any narrative, provocation or hate messaging propagated by irresponsible parties that could threaten public harmony,” Chow said.
Kedah Menteri Besar Datuk Seri Muhammad Sanusi Md Nor recently announced that he was forming a legal team to pursue his long-standing assertion that Penang was merely “leased” from Kedah.
Chow dismissed the claim, stressing that Penang is a sovereign state within the Federation and that all historical financial commitments involving Kedah fall under the jurisdiction of the Federal Government.
“The state government will continue to uphold the Federal Constitution and ensure that inter-state relations are preserved in accordance with the rule of law,” he said.
Story by K.H. Ong
Pix by Muhammad Iqbal Hamdan