Explaining the Sulu claim

1. The recent public discussion on the “Seizure Notice” issued in Luxembourg against assets belonging to Petronas to satisfy the US$14.92 billion award by the Spanish Arbitrator Gonzalo Stampa has been marred by a fog of disinformation and lies. The Malaysian public is entitled to truthful disclosure of matters concerning the dispute between the Sulu Claimants and the Government of Malaysia, which led to this massive but completely illegitimate award. This note is to record my experience in dealing with the dispute after I was briefed on it in August/September 2019 during the last six months of my tenure as Attorney General. At the outset, I should state that I no longer have access to documents, unless they are in the public domain. I hope this article will prompt those who have the full facts to join in the public discussion.

2. The 1878 Grant is the sole and exclusive basis of the claim by the descendants of the Sultan of Sulu. That Grant ceded ownership and sovereignty in perpetuity of parts of present day Sabah to the British North Borneo Company. It was a legacy of Empire. It was similar to the grant of Bombay by the Portuguese to the British in 1661 and the ceding of New York (New Amsterdam) by the Dutch to the British in 1664. Nearer home, Penang in 1786 by the Sultanate of Kedah and Singapore in 1819 by the Sultanate of Johore: in both cases to the British. In none of these cases is there a similar claim in the 21st Century arising from the original grant in perpetuity. The Sulu claim must therefore be viewed in the context of empire and colonialism. The transfer of other peoples’ lands by one empire to another was commonplace in centuries past; a legal challenge by arbitration centuries later is novel.