On oil and gas, let the Federal Court decide whether the rights are with federal or state governments, and whose rights prevail — Hafiz Hassan

Sarawak may seek increased control over its strategic assets, including oil and gas, as reported by the Sarawak government. Premier Abang Johari Openg cited the takeover of Bintulu port as evidence of this intention. However, ports are classified as Item 3 under List IIA in the Federal Constitution, which grants them to the state.

The matter of oil and gas, though, is governed by the Federal List. In a 1976 case, the Federal Court determined that internal security, listed as Item 3 in the Federal List, is a federal subject. This means that the Sarawak legislature cannot legislate on internal security. The Federal List also includes Item 8(j) - development of mineral resources, mines, oils and oilfields, regulation of labour and safety of mines and oilfields.

This further suggests that the Federal Government has the rights over oil and gas. The Federal Court will need to rule on whether the rights to these resources lie with the federal or state governments.