Yong: True history, Sabah was never part of Sulu

KOTA KINABALU: As a matter of historical fact, Sabah (North Borneo) was never a part of the Sulu Sultanate.

What is accepted as undisputed fact is that North Borneo was part of the Brunei Sultanate before the coming to South East Asia of European colonialists in the 17th Century. Foreign powers, (mainly China and Spain followed by British and Germans) coming to the island of Borneo had always dealt with a government which seat in in modern day Brunei.

It was only concerning relations with Sulu and islands in the Philippines archipelago that foreign powers had dealt with the Sulu Sultanate at Jolo on the Sulu island. In matters of northern Borneo (previously spelt Boni, Buni etc in old maps], the recognised government was the Brunei sultanate.

For three centuries, Sulu has been trying to lay their hands on North Borneo. But there is no record or any event that Brunei had ever ceded or given any part of Borneo to Sulu. In fact, records show that Brunei had repelled Sulu intrusions on Borneo, such as at Kinabatangan.

As for the Sulu version that Brunei had agreed to give Northern Borneo to Sulu in return for Sulu military assistance to help the victor in the Brunei civil war (in the 1600s), the Brunei version is that the Sulu army never took part in the Brunei civil war but were in fact stationed at Pulau Chermin (off the coast of Brunei). It was only after the Brunei civil war was over that the Sulu army claimed Northern Borneo. But the Sulu forces were successfully repelled by Brunei.

As such, Sabah (north Borneo) was never a part of Sulu. Hence, the so-called Sulu-Overbeck grant on 22 January 1878 was redundant and of no effect because Sulu never had any title or any right over any part of Borneo island. It is the 29 December 1877 Brunei-Overbeck grant (basically granting North Borneo to Overbeck) that was effective. So, why did Overbeck and his business partners deem it necessary to sign another grant with Sulu when in fact, he (Overbeck) already had a valid grant from Brunei? Was it for security insurance to ward off threats from a foreign claimant? In any case, this was an arrangement between Overbeck’s company and Sulu that did not, and does not, bind other nations and people.

Therefore, ex-Federal Attorney General Tommy Thomas should retract his statement in his book “My Story: Justice in the wilderness” that “At some point in its history, North Borneo was part of the Sulu Sultanate.” (at page 377).

The entire Federal AG Chambers should be given a proper lesson on Sabah history. As a matter of fact, the AG Chambers should read another book written by another former AG, Tan Sri Gani Patail “PUTTING TO REST the claim to Sabah by the self-proclaimed Sultanate of Sulu (published in 2013) which was a more accurate record of the legal and political history of Sabah.

As it is, Tommy’s book has done damage to Sabah and Malaysia by being used to support the case of the Kiram claimants at a foreign country. Tommy has stated in his book (page 378) that “There were no legal grounds for Malaysia’s refusal to pay annually since 2013. It resulted in Malaysia being in breach of the 1878 agreement.” This was a damaging statement which is now being used by foreigners to claim against Malaysia.

My view is that the former AG Tommy Thomas should have included, in his book, the legal basis of the 2013 decision by the Federal Government to stop making any more payments to descendants of the Kiram.-