A former policeman who filed a summons against the federal and state governments over his 'lost' rights, explains his decision.
KOTA KINABALU: In an unprecedented move, a 70-year-old Sabahan filed a summons against the federal and state governments on Monday for failure to implement the Borneonisation of the federal public service in the state, thus depriving Sabahans of job opportunities for over 47 years.
Bernard Fung Fon Chen, a former policeman, sees himself a victim. He was born in Sabah at a time when Sabah was a British Colony called North Borneo.
He served in the police force for almost 20 years, resigning in 1980 out of sheer frustration.
“I first joined as a constable in the North Borneo Police Force in 1960. After Malaysia was formed (in 1963) I opted to join the Malaysian police and served with full dedication and loyalty.
“I was sent to train at Kuala Kubu Baru Police College in Selangor and graduated. After passing the required examinations, I was promoted to the post of Inspector in 1966 and subsequently confirmed as Inspector in 1968.
“After serving as (police) inspector for 13 years and with the Malaysian police force for 19 years, six months, I resigned in 1980 because I was frustrated and demoralised.
“Despite my qualification, dedication and hard work, I was consistently overlooked when it came to promotion to the higher position of ASP. I was ready and willing at all times to serve anywhere in Malaysia.
“In spite of vacancies arising from time to time in Sabah and other parts of Malaysia, the vacancies were earmarked for officers from Peninsular Malaysia despite the fact that there were qualified people like me and others from Sabah who could readily fill the vacancies,” said Fung.
Citizens’ appeal
On Monday, Fung together with a younger comrade Mohd Nazib Maidan Dally filed a legal action against the federal and state governments for failing to fullfill its promises, undertakings and assurances made to Sabah in 1962 and 1963 by Malayan leaders and the departing British master.
They are demanding that the governments fulfill the recommendations of the Inter-Governmental Committee (IGC) dated Feb 27, 1962, terms of which were upheld in the Malaysia Agreement signed in 1963.
Said Fung: “Today I am proud that as a citizen from pre-Malaysia days, I have the chance to file this legal action against the federal government and the state government for failing to implement Borneonisation as a matter of strict policy and constitutional requirements.
“I refer to the Malaysia Agreement dated July 7, 1963, Malaysia Act 1963, Report of the Inter-Governmental Committee dated Feb 27, 1963, the 20 Points Memorandum and the Memorandum of the Consultative Committee on Malaysia dated Feb 3, 1962.
“All of which were submitted to the Cobbold Commission, to be later added to the Federal Constitution of Malaysia.
“I am very happy to have with with me as a joint plaintiff a young promising Sabah Malaysian, Mohd Nazib Maidan Dally.
“His action today with me gives me hope that we can still fight for the rights and interests and autonomy for Sabah as envisaged in the formation of Malaysia in 1863.
Test case
“My legal action today (Aug 8, 2011) is for the younger and future generations of Malaysians in Sabah.
“May we have the support of the people in our long journey to bring about a prosperous and harmonious country for Sabahans as promised by our founding fathers in 1963.
“Together with Nazib, we seek from the court a declaration that the federal Governement and Sabah state government have failed or neglected to implement the Borneonisation of the federal civil service in Sabah.
“I hope other Sabahans who have been similarly aggrieved shall come forward to join us in this legal action for the benefits of our younger generation, ” said Fung.
Hearing for this historic summons, filed through counsel Peter Marajin at the Kota Kinabalu High Court, begins on Oct 10, 2011.
The case is considered a test of whether the 20-Point Agreement that granted unique rights to Sabah when it agreed to become a partner in the formation of Malaysia on Sept 16, 1963, is binding and can be enforced by the courts
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