In the midst of the Lim Guan Eng house-buying controversy, opportunist Ridhuan Tee urged that Penang be restored to Kedah. It appears clear that he has a sinister agenda. A remark that touches on the bottom line of Penangites is unacceptable.
There is no denial that Penang was once part of the sultanate of Kedah. Kedah ceded Penang Island to the British East India Company in a treaty signed 1786, in exchange for military assistance from the latter. When Kedah was attacked by Siam, Francis Light dishonoured the treaty by failing to provide military assistance promised earlier. Kedah tried to retake Penang by force in 1790 but was defeated.
The British East India Company, as the victor, dictated the terms of the 1791 treaty. In the 1791 treaty, the sultan of Kedah ceded Penang Island to the company for an honorarium. The British East India Company took Seberang Prai in 1802 for an increased honorarium. An honorarium is a payment which the giver has no legal obligation to do so. There is no question that treaties signed between Kedah and the company were unequal treaties.
The political reality is, Penang and Seberang Prai went under separate governance since Kedah ceded it to the British East India Company. Penang’s status was changed to Straits Settlements, then came under direct British rule as a Crown Colony in 1867.
The handling over of Kedah to the British in the Anglo-Siamese Treaty of 1909 did not change the reality of separate governance. Kedah became an Unfederated Malay State and Penang continued to be a Crown Colony.
The Federation of Malaya was granted independence on Aug 31, 1957, a joy that should be shared by all Malayans irrespective of state. Kedah and Penang have retained their respective identities in the midst of state succession events, up to the formation of Malaysia.
Today, in the constitution of Malaysia, Article 1 enshrined that Penang and Kedah are two separate states, and territories of the states can only be altered by Parliament with the consent of the respective states. As federal subjects, Penang and Kedah are two sovereign equals as part of Malaysia.
The Penangites worked hard over the years to develop Penang into a vibrant city-state. Kedah was subjected to very different political circumstances back when the treaties were signed. There is no turning back as executed terms of the treaties are done. Penang is home to important heritages of our colonial history. The urging for Penang to return to Kedah is reflective of the pre-Independence mentality that holds no ground today.
There is no question on the status of Penang. There is no question of territorial integrity in peninsular Malaysia. Anyone attempting to undermine the status of Penang goes against the constitution and can be held guilty of sedition.
CHAI BOON KHENG is currently a postgraduate student at the University of Nottingham Malaysia Campus.
