MALAYSIA- According to Dato Sebastian Ting, if the proposed amendment to add “tourism” to List III (Concurrent List) of the Ninth Schedule of the Federal Constitution is accepted, the Sarawak government will have the power to enact laws about tourism in the state.
The state administration has suggested changing Item 25A (Tourism) from List I (Federal List) to List III (Concurrent List) of this Ninth Schedule, according to the Deputy Minister of Tourism, Creative Industry, and Performing Arts.
“The Deputy Minister in the Premier’s Department of Sarawak’s Department (Law, MA63 and State-Federal Relations) tabled a ministerial motion to this august House outlining the intention of the Sarawak government. The motion aims to secure a comprehensive amendment to the Federal Constitution, which includes the proposed amendment to Item 25A.
In response to questions at the State Legislative Assembly (DUN) sitting today, he stated, “This proposal was also presented to the federal government and until today, this matter has been actively pursued.”
In response to a query from Dato Lo Khere Chiang (GPs-Batu Kitang), he discussed how Sarawak was actively working to have its tourism industry’s autonomous rights restored.
According to Ting, Sarawak and Sabah have participated in multiple conversations with the federal Ministry of Tourism, Arts, and Culture (Motac) during which they have expressed their positions on the issue.
“The Sarawak government has reaffirmed this position through State Attorney General Chambers and my ministry.
“However, a further discussion between the Sarawak Attorney General Chambers and Sabah Attorney General Chambers on October 13, 2023, has been initiated to finalize the stand,” he said, referring to the Sabah government’s change of position, whereby they proposed that this Item 25A be removed from the list and remain as a residual matter.
He stated that Sarawak was still awaiting word from the Sabah government on their position before bringing this issue before MOTAC and then the Malaysia Agreement 1963 (MA63) Technical Committee for further action. Deputy Prime Minister Dato Sri Fadillah Yusof will chair the MA63 committee.
According to Ting, the state will have the freedom to incorporate tourist-related provisions into Sarawakian local law after “tourism” is added to the Concurrent List.
He listed these as encouraging investment in tourism-related businesses; cultivating human resources for the industry; enhancing state management of tourism sectors by creating an environment that is conducive to business growth; developing products for infrastructure and upkeep; facilitating community-based, locality-based, and cross-border tourism, such as medical tourism; granting licenses for tour guides, Sarawak-Malaysia My Second Home (S-MM2H), homestay registration and training tourism institutions, and tourism vehicles; putting tourism enforcement into action and collecting tourism taxes on behalf of the Sarawak government.
