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Malaysia was formed and given independence by the British Government in 1963. The Sultanate of Sulu and North Borneo was also given by the British Government the 'Letter of Administration to Sabah, acknowledging all the property of the Sultanate of Sulu over Sabah in 1939. To the effect that 1939 is earlier than 1963 explicitly telling us which one is genuine and legal.

Another striking solid and legal evidence of the Sabah ownership is the case filed by Indonesia to the United Nations to claim part of Sipadan,Sabah against Malaysia . The UN ruling under ICJ explicitly stated that Indonesia has no sovereign rights over Sipadan ,Sabah because it is owned by the Sultanate of Sulu under administration of Malaysia.

Therefore, if Malaysia will not acknowledge the ownership by the Sultanate of Sulu over Sabah, Malaysia is directly violating ( for in fact being violated for 47 years) the UN sanctions over Sipadan, Sabah stating that the Sultanate of Sulu is the legitimate owner of Sabah.

Moreover , if Malaysia will not acknowledge the 1939 High Court decision and the implementation of the 'Letter of Administration over Sabah that the Sultanate of Sulu is the owner of Sabah , Malaysia has to nullify their Independence given by the British Government in 1963 ,simply because it is the same government , the British Government who gave authority over the ownership of Sabah which is far earlier than their independence in 1963.

The continued ignoring of Malaysia to this day of the rights to possessed the ownership, over Sabah by the Sultanate of Sulu Kingdom, creates a continuous anger on the part of the Sultanate people for prohibiting them ti live in their own land and even expulsing the people of the Sultanate living in Sabah today.

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Q: What is the legal basis of sabah claim by the sultanate of sulu?
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What are Legal and Historical Bases of The Philippine claim over Sabah?

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Is there any other means to return Sabah to the owner?

Under the current political circumstances, there is no way that Malaysia will return Sabah to it's owner the Sultanate of Sulu. However, the emergence of international awareness in human rights sponsored by the UN could find it's way to solve the issue. Hongkong was returned to China which was rented 100 years ago, this is a clear evidence of possible return of Sabah to the Sultanate of Sulu in the same principle. The problem is neither the Sultanate of Sulu has the entity to represent their case to UN due to to their non-existence as political entity that was not supported in the jurisdiction of UN political diplomatic protocol. The only possible means is to proprietarily claim Sabah outside of the political clout to avoid the political sovereign issues involved.


What is the Sabah issue?

The issue is whether or not Malaysia has legitimate rights to control the province of Sabah on the island of Borneo. Please see the Related Links below for arguments from both the Sulu Sultanate and Malaysia on the matter.


What is the reason for the standstill in the Philippines claim over sabah?

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What is the legal Basis of Malaysia in absorbing Sabah from the British government?

Sabah has been Leased on 1878 by two merchant Overbeck and Dent under their private company. When this company was dissolved , the leased was absorbed by the British government, when Malaysia got their independence n on 1963, Sabah was again absorbed by Malaysia. This series of transfer built a suspicious thinking that from the beginning , the idea is to diminished it's owner , the Sultanate of Sulu of the sovereign rights over Sabah. The legal position of Malaysia is not clear being not a party to the original Lease of Sabah. The suspected manaipulations and the misinterpretations from the word 'Padjak " as cession or sale is not also clear , because the signatory to the Contract is only one person but Sultan Jamallul Ahlam. If it is a sale two party must be involved as signatory . The analysis of most expert of the Agreement is more of a 'Franchise " rather than lease or sale because only the owner has signed the contract permitting the two merchant to act as a holder of the area perfettually to the life of the company or any of it's heir represented by Dent and Overbeck. The transfer by the private company or non government entity to British Government is strongly questionable, because the Sultanate has 'Friendship Treaty to the Sultanate of Sulu kingdom that was violated. Much more that the transfer to the Malaysian Federal is questionable being not a partner to the 1878 Franchise Agreement.


Will Malaysia return Sabah to the rightfull owner?

Returning Sabah may not be the issue for Malaysia, but the interest of Malaysia to Profit out of Sabah. It was said that the net profit of Malaysia to Sabah and Sarawak combined could be 40 to 50 % of their GNP . Looking closely , Malaysia will not let Sabah and Sarawak go off their hand without provocation of a probable war. However, the advent of modern advocacy under UN charters may put end to this long and standing problem of Sabah like Hongkong that was returned to China lately, Forfeiting the real owner of their rights as the legitimate and sovereign owner of the land, the Sultanate of Sulu is now at the mercy of the UN or any country that will sponsor the case against Malaysia. Many countries of the world now has managed to get away from their captors through the intervention of UN. The problem today of finding a sponsor country for the Sultanate remains unclear, since the Sultanate of Sulu has been stripped out of her Political power to become a member nation of UN.The only probable solution is to privately lodge a case to ICJ if will be permitted. To return Sabah to the Sultanate of Sulu is almost as impossible task but hope is still and miracle could happen only as an alternative.


What is your stand on sabah claimed by the Philippines?

Up to present, Malaysia is still renting Sabah to Philippines. Yes, the Philippines can get it back because it legally belongs to the Sultanate of Sulu (Philippines). The Best way for the Philippine government to claim it back is improve first its Economy. Make the Philippine economy more than enough to support and for the Sabahans and Sarawakans to be happy to go back and be united again with their Muslims brothers and Christian neighbours in Mindanao.


Why Malaysia insist the ownership of sabah?

Sabah or North Borneo is owned by the Sultanate of Sulu. Sabah was rented by BNBC in 1878 from the Sultan of Sulu and later turned to British Government for administration. when the company ceased to exist, respectively the political power of the Sultanate of Sulu was diminished by U. S government when they sponsored an independence on part of the Sulu archipelago islands bought from the Spanish in 1898. This create a misunderstanding when Manuel Quezon declared not to recognized the political power of the Sultanate of Sulu and it''s heirs for the fear that a similar case will be filed against other part of Sulu archipelago which also own by the Sultanate of Sulu in the Philippines. The case filed by the heirs against Malaysia won on 1939 in the High Court of North Borneo under Mckaskie judgment declaring the ownership of Sabah by the Sultanate of Sulu heirs and the continuance of rental. Malaysia continue the administration of Sabah upon their independence in 1963 to this day as per legal and historical facts serving as evidence. Malaysia is continually trying to deviate that political control and ownership of the land is the same. political sovereignty and proprietary sovereignty is being mix up until today , no clear indication that this issue will be settled between Malaysia and the leadership of the Sultanbate of Sulu standing now as ecclesiastical government.


How weak is the claim of Phil over Spratly Island?

It's even weaker than its claim over Sabah, the northeastern region of Borneo.


Who was the 1st filipino pres to claim Sabah for the Phil?

If im not mistaken it is Ferdinand E. Marcos


Does the Philippines have the right to claim Sabah?

of course specially the sultan of sulu under the kiram carpenter agreement.


What will happen if the Philippines will win its claim to Sabah?

the phllipines will get more land area and will own more resourses