Were ACT354 and TSA2012 illegal back door amendments to MA63?

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ACT 354 and the Territorial Seas Act 2012 are considered illegal backdoor amendments to the Malaysia Agreement 1963 (MA63).

Australian lawyer Robert Pei has argued that Act 354 of 1976, which amended Article 1 of the Federal Constitution, and the Territorial Seas Act 2012 (TSA2012) were unlawful alterations to the MA63 treaty. He asserts that these federal laws, along with others enacted since 1965, have undermined the original rights and territorial boundaries of Sarawak and Sabah as established by the MA63.
Alteration of Constitutional Framework

Pei contends that Act 354 of 1976, by amending Article 1 of the Federal Constitution, illegally changed the foundational framework of Malaysia. This amendment, along with the Constitution and Malaysia (Singapore Amendment) Act, 1965 (CMAA65), is seen as having fundamentally altered the international boundaries and the very basis upon which the federation was formed. The CMAA65, specifically, allowed for Singapore's departure from the Federation, an event that Pei argues had a significant impact on the agreed international borders of Malaysia.
Reduction of Territorial Boundaries and Resource Seizure

Further, Pei highlights that the Continental Shelf Act 1966 (CSA66), the Petroleum Development Act 1974 (PDA74), Act 354, and the TSA2012 are accused of altering and diminishing the pre-1963 territorial boundaries agreed upon for Sabah and Sarawak. This reduction in territorial scope, according to Pei's analysis, facilitated the federal government's subsequent seizure of resources within these waters, constituting a breach of the MA63.
Federal Constitution's Recognition of Pre-1963 Boundaries

Pei points to Part 1(3) of the Federal Constitution, which he states was authorised by MA63, as a key piece of evidence. This section, when read in conjunction with the treaty as the supreme document, specifically recognised the territorial boundaries of Sabah and Sarawak as those that had been fixed by the British colonial government in 1956. This recognition, he argues, was subsequently contravened by the aforementioned federal legislation.

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Were ACT354 and TSA2012 illegal back door amendments to MA63?

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