BORNEO RAINFOREST LAW CONFERENCE 2019

CPD Points Awarded

The conference will involve a discussion and a comparative study of indigenous peoples’ rights and the law from around the world, including speakers from Canada, New Zealand, Australia, Taiwan, Philippines, and and the Peninsular to present papers and to share from the wealth of their experience and knowledge in this field.

The goal of the conference is the advancement and better understanding of the indigenous peoples’ rights and the development of the law for indigenous peoples amidst this fast paced ever evolving world.

There are alternative papers touching on relevant current issues facing practitioners simultaneously presented and streamed in the afternoon.

CONFIRMED SPEAKERS

The Right Honourable Tan Sri Datuk Seri Panglima Richard Malanjum was born on October 13, 1952 in , Sabah. Upon graduation with a law degree from ITM in 1975, His Lordship worked with the Sabah State Attorney General Chambers, before being called to the Bar in England and Wales with his admission to the Honourable Society of Gray’s Inn, London in 1976. Upon His Lordship’s return to Sabah he was appointed as Administrative Officer in the Chief Minister's Department, Sabah and assigned as a Deputy Public Prosecutor in the Sabah State Attorney General's Chambers. His Lordship resigned from his position as the Deputy Public Prosecutor and then proceeded to work in private practice in until 1992. His Lordship was also a past President of the Sabah Law Association.

His Lordship has the distinction of being the first Native Sabahan to be appointed as a Judge in the High Court in Sabah and Sarawak, the Court of Appeal and the apex court in the Federal Court. His Lordship is also the first Native Sabahan to have appointed as the Chief Judge of Sabah and Sarawak and on the 11th July 2018, His Lordship was appointed as the Chief Justice of Malaysia.

Ms Raelene Webb QC was appointed President of the National Native Title Tribunal for a five year term in 2013 after a distinguished career as a barrister, and has now returned to the bar practising at Murray Chambers (WA). She is recognised as one of the leading native title silks in Australia, having appeared as lead counsel in many native title and Aboriginal land matters and advised upon, and appeared in the High Court, in most land-mark cases on the judicial interpretation and development of native title law since the decision of Mabo v Queensland (No 2).

Raelene is an experienced mediator with national accreditation. She is also a skilled facilitator with many years of experience working with groups around Australia, focussing on collaborative techniques to assist groups achieve outcomes.

Raelene is a fellow of the Australian Academy of Law. She was awarded the Law Council of Australia President's Medal in 2014, in recognition of her outstanding contribution to the legal profession in Australia. She is in great demand as a public speaker on a range of topics, native title matters especially, and has presented or chaired sessions at various conferences throughout Australia and internationally, including at the Annual World Bank Conference on Land and Poverty held in Washington DC.

Dr Ramy Bulan LLB (Hons) UM, (1981; LLM (Bristol University, England) (1988); PhD, ANU, Canberra, Australia (2005). Admitted as Advocate and Solicitor of the High Court of Sabah and Sarawak (2009). She was a part time magistrate between 1985-86 under a special program with the Legal and Judicial Service. She is also a trained mediator. Prior to retirement, Dr Bulan was Associate Professor at Faculty of Law UM. She continues as Senior Research Fellow as Director of Centre for Legal Pluralism and Indigenous Law an Interdisciplinary Research Centre.

Dr Ramy taught Equity and the Law of Trust (including Administration of Estates) and has also taught on the Malaysian Legal System for many years. Her book an Introduction to the Malaysian Legal System (OUP 2002) is a standard text for law students. At postgraduate level, Dr Ramy supervises PhD and LLM research and teaches on Minorities and Indigenous Peoples, International Human Rights Law with Emphasis on Indigenous Peoples, and Comparative Customary and Native Title. She continues research and writing on indigenous peoples’ issues, including traditional knowledge, forestry and conservation issues and often speaks at national and international forums. This includes addressing the UN Human Rights Council in 2014.

In 2007-2008 she was research consultant to SUHAKAM, and published as Legal Perspectives on Native Customary Rights in Sarawak (Suhakam, 2008). In 2010-13 she was consultant for the SUHAKAM National Inquiry on the Land Rights of Indigenous Peoples and published Conceptual and Legal Framework on the Land Rights of Indigenous Peoples in Malaysia. She was Head of the Cluster on Indigenous Peoples’ Rights for the baseline study for the National Human Rights Action Plan, BHEUU (2015). She sits on a number of national and international advisory boards and research panels for advancement of indigenous peoples’ interests and is a member of the Malaysian Bar Committee on Orang Asli Rights (COAC) from since 2013.

At the community level, Dr Bulan is the Senior Vice President, RURUM, the Kelabit Association of Sarawak (since 2012 to the present), and Secretary of the Kelabit Land Council which consists of the traditional leadership and other community leaders.

BORNEO RAINFOREST LAW CONFERENCE 2019

Lim Heng Seng graduated with a Bachelor of Laws (Hons.) degree from the University of Malaya in 1976. He obtained a Master of Laws degree from the University of London (London School of Economics and Political Science) in 1987.Heng Seng has served in various capacities in the Malaysian Judicial and Legal Service since he graduated in 1976. Some of his previous appointments include: Deputy Director of Legal Aid, Senior Federal Counsel in the Ministry of Works and the Advisory and International Law Division, Head of Arbitration Unit and Deputy Head of Civil Litigation in the Attorney General’s Chambers. His service in government includes a tenure as Chairman of the Malaysian Industrial Court where he also served as Chairman of the Social Security (SOCSO) Appellate Board.

Heng Seng was admitted to the Malaysian Bar as an Advocate and Solicitor of the High Court of Malaya in 1988. He is currently a Partner at Lee Hishammuddin Allen & Gledhill and heads the Employment Law Practice Group of the firm. He also chairs the firm’s Pro Bono Initiative Committee. He is actively engaged in aboriginal peoples land rights and religious freedom issues on which he conducts seminars and training as well as pursues litigation in court to assert rights and create awareness.

Prof James Chin is the inaugural Director of the Asia Institute Tasmania, University of Tasmania. He is an expert on the governance issues in Southeast Asia, especially Malaysia, Indonesia and Singapore. He also works on island states in the South Pacific. His views are regularly sought by major news agencies around the world, including The New York Times, The Financial Times, BBC World TV, CNBC and Bloomberg.

Before joining The University of Tasmania, James was the foundation head of the School of Arts and Social Sciences (SASS), Monash University, Malaysia campus. During his time in Monash Malaysia, he built SASS into the leading social science school in Malaysia. He has a strong track record of media and community engagement.

James works on contemporary politics and elections in Malaysia and Singapore, and Southeast Asia generally. He also works on domestic politics of Papua New Guinea and Fiji. His work deals mainly with regime change and maintenance in societies where there are omnipresent threats of ethnic and religious conflicts.

Deputy Chief Judge Caren Fox of the Maori Land Court Ngāti Porou

Deputy Chief Judge Caren Fox was appointed to the Māori Land Court on 1 October 2000 and was later appointed as Deputy Chief Judge on 20 February 2010.

She is located in Gisborne and is the resident Judge for the Tairāwhiti District of the Māori Land Court, hearing cases in Ruatōria and Gisborne.

Before becoming a Judge, Deputy Chief Judge Fox was a lecturer in law at Victoria University, and a Senior Lecturer in law and Director of Graduate Studies at the University of Waikato. In addition, she acted as legal counsel for Treaty claimants and Māori land clients.

A specialist in international human rights, Deputy Chief Judge Fox was a Harkness Fellow to the USA from 1991 to 1992 and a Pacific Fellow in Human Rights Education employed by the Commonwealth Fund for Technical Co-operation 1997-1999. For her work in human rights she won the NZ Human Rights Commission 2000 Millennium Medal.

Deputy Chief Judge Fox is also a Waitangi Tribunal member and has been a presiding officer for the Aquaculture claims, the Te Arawa Mandate and Settlement claims and the Central North Island Stage 1 claims. She is currently the presiding officer for the Porirua ki Manawatu claims.

Deputy Chief Judge Fox was also appointed as an Alternate Environment Court Judge in 2009.

Holly Jonas, LLM, is passionate about leveraging the law for the benefit of both nature and the people most closely connected to it, and works in solidarity with Indigenous peoples, local communities and their allies at the grassroots, national, regional and international levels. Born and raised in Canada and based in Sabah, Malaysia, her background is in international environmental and human rights law, zoology and cultural anthropology. Holly is the International Policy Coordinator of the ICCA Consortium (www.iccaconsortium.org), a global member-based association that supports Indigenous peoples and local communities to secure and self-strengthen their collective territories of life. She is also a founder and director of Future Law (www.futurelaw.org), which uses systems thinking to catalyse legal innovation, reimagine legal education and enhance legal communication. She is a member of several volunteer networks, including IUCN Commissions, the Global Network for the Study of Human Rights and the Environment, and Asia Environmental Law Champions, and an active volunteer with the Borneo Eco Film Festival.

BORNEO RAINFOREST LAW CONFERENCE 2019

Teodoro Brawner Baguilat Jr. or Teddy, as he is popularly known, belongs to the Tuwali tribe of Ifugao and the Gaddang tribe of Nueva Vizcaya provinces in Northern Philippines. He is the President of the ICCA Consortium, a global member-based association that supports Indigenous peoples and local communities to secure and self- strengthen their collectively conserved territories and areas (abbreviated as “ICCAs” or “territories of life”). Within the Philippines, at various times since 2001, Teddy has been Mayor of Kiangan, Governor of Ifugao, Congressman for the lone district of Ifugao, Chairman of the Philippine Congress’s Committee on National Cultural Communities and Vice Chairperson of the Committee on Indigenous Peoples. In these various roles, he has championed Indigenous causes and promoted many bills on Indigenous issues, including a bill designed to specifically protect ICCAs (ICCA Law—currently under reading in the Senate), legislation to preserve the Ifugao Rice Terraces, and a bill for national land use that includes ancestral lands as one of the three main “land domains” in the country.

Dr Jolan Hsieh is a Taiwanese indigenous scholar of Siraya Nation.

Jolan has served many national / regional / international organizations as an indigenous scholar and activist. Her current professional services include advisor to the Presidential Office’s Indigenous Historical Justice and Transnational Justice Committee / convener of Reconciliation Subcommittee, Executive Yuan’s Indigenous Peoples’ Basic Law’s Working Committee, Council for Indigenous Peoples Affairs’ PingPu Peoples Affairs’ Working Committee, Tainan City Ethnic Affairs Committee / Ethnic Mainstreaming Committee, MacKay Memorial Hospital Foundation / MacKay Medical College, and country representative in World Indigenous Nations Higher Education Consortium and World Indigenous Nations Universities.

Jolan was Chairperson for the Standing Supervisor Board for the Indigenous Peoples’ Cultural Foundation, Secretary General of Taiwan International Studies Association, Deputy Editor-in-Chief of Taiwan International Studies Quarterly, Executive Editor of Taiwan Journal of Indigenous Studies, Editorial Board for Journal of Native American and Indigenous Studies, co-Chair of Green Party Taiwan, Board of Director member for the Taiwan Foundation for Democracy, Chairperson of Amnesty International Taiwan Section, council member of Native American and Indigenous Studies Association.

As an indigenous activist and scholar, Jolan is also active in indigenous language and cultural revitalization movements and critiques indigenous politics. Due to her personal research interests and the need to understand other countries’ indigenous politics and related social issues, she also does research on indigenous studies around the world. Jolan’s priority is to foster strategies and collaborations at NDHU to enhance research, education and innovation cooperation with various international educational institutions with indigenous focus, most notably recent partnership with Aotearoa, Australia, Canada, US, Sami Land, Hawaii, and Japan.

Jolan currently leads two Ministry of Education funded projects, “Taiwan – Aotearoa New Zealand Indigenous Higher Education Connection” and “Mainstreaming Taiwan Indigenous Cultures and Languages”, and as Principal Investigator for several Ministry of Science and Technology and Council for Indigenous Peoples’ research projects.

Emeritus Prof. Datuk Dr Hj Shad Saleem Faruqi is holder of the Tunku Abdul Rahman Chair at the Faculty of Law, University of Malaya; a Member of the Judicial Appointments Commission; a Fellow of the Academy of Sciences Malaysia; a member of the post GE-14 Government’s Institutional Reform Committee; and a member of the MA63 Committee.

Prior to his assignment at the University of Malaya, he was an Emeritus Professor of Law at Universiti Teknologi MARA (UiTM) where he served in various capacities as Head of the Diploma in Law programme (1979–1984), Assistant Rector (1996–1999), Assistant Vice-Chancellor (1999–2001) and Legal Advisor (1996–2006, 2010– 2016). UiTM honoured him with an Emeritus Professorship in 2003. From 1984-1987 he was an Associate Professor at UIAM (on secondment from UiTM).

He is the author of ten books including Document of Destiny: The Constitution of the Federation of Malaysia; Reflections on Life and the Law; and Media Law & Regulations in Malaysia.

In four and a half decades in the law he has authored more than 600 articles in journals, periodicals and newspapers. He has done many national and international consultancies including the drafting of the Constitution of the Republic of Maldives in 1992.

BORNEO RAINFOREST LAW CONFERENCE 2019

Raphael Tay was admitted as an advocate and solicitor of the High Court of Malaya in 1986. He has been a Notary Public since 2007 and a Registered Trade Mark Agent since 1998. He graduated in Law and Politics in 1983 from the University of Bournemouth and obtained a post-graduate diploma in South East Studies from the University of Kent, Canterbury in 1984. Prior to joining the firm, he was a partner in the law firm of Chooi & Company.

Having been in practice for over 30 years, encompassing both local and international work, he has extensive experience in various areas notably Corporate and Commercial, Mergers and Acquisitions and Information and Technology Law. He has advised on various international projects, including mergers, acquisitions, joint ventures, corporate restructuring, divestments and general corporate and commercial work. Raphael has developed an extensive regional practice over the years.

In 2017, he advised on a share sale transaction in GHL Systems Berhad to a London-based private equity fund Actis Stark which was identified by The Edge Malaysia as the Best M&A Deal of 2017. His team was also nominated as a finalist for the category of ‘Overseas Practice Law Firm of the Year’ in the Asian Legal Business Malaysia Law Awards of 2018.

Ang Hean Leng is a partner of Lee Hishammuddin Allen & Gledhill (“LHAG”). He leads the Planning and Environmental Law Practice Group in LHAG. He advises corporations on environmental law compliance and government agencies on environmental and planning matters.

In 2017, LHAG was awarded ASIAN-MENA Counsel ‘In-House Community Firm of the Year in Malaysia’ for Environmental Law. Hean Leng’s other practice areas include commercial and corporate disputes (litigation and arbitration), insolvency and media law.

He is the Vice Chair for the Environmental Law Committee of the Inter-Pacific Bar Association (IPBA) and has delivered presentations concerning Environmental Law on Current Trends as well as the Potential Exposure of Parent Companies, Subsidiaries and Directors arising out of Environmental and Insolvency Situations at the IPBA Annual Meeting and Conference in Manila, Philippines.

Benjamin Hirasawa (Ben) represents hospitality, commercial, industrial, retail and residential developers in all real property transactions. He focuses on providing practical and commercially sound advice to hospitality, real estate and corporate clients on international business transactions by advising on all aspects of the project development cycle.

This expertise includes portfolio acquisitions and dispositions, private equity financings, joint ventures, start- ups, cross-border mergers and acquisitions, REIT and property fund formation and operation, and advising on management agreements, operational issues and licence agreements.

Ben is well known for his hospitality and leisure experience and has become the ‘go-to’ individual in Thailand, Singapore, China, Myanmar, Indonesia, Vietnam, South Korea, Japan and various other jurisdictions in Asia Pacific for several of the world’s largest hotel operating companies and hotel owners.

Ben currently advises leading hospitality and leisure companies across the Asia Pacific region on all aspects of hotel development and operations, including niche areas such as timeshare, fractional ownership and branded residences.

Ben often speaks at regional industry conferences about salient developments in the real estate and hospitality and leisure sectors. He is a member of the International Society of Hospitality Consultants, has been included in Who's Who Legal - Franchise 2015, recognized as a notable practitioner in Myanmar by Chambers Asia Pacific 2016, and recognized as a "commercial, efficient and responsive", a "recognized expert" in hospitality transactions and recommended lawyer in Thailand and Singapore in Chambers Asia Pacific 2013-2015 and Asia Pacific Legal 500 2013-2018.

BORNEO RAINFOREST LAW CONFERENCE 2019

Conference Programme

7.30 am ‐ 8.00 am : Registration 8.00 am – 8.10 am : Welcome Address 8.10 am – 8.30 am : Opening Address and Launch by YAA Tan Sri Richard Malanjum Chief Justice of Malaysia 8.30 am –8.50 am : Thomson Reuters Book Launch 8.50 am ‐ 9.05 am : Tea Break 9.05 am ‐ 9.50 am : Keynote Address ‐ Exploring Indigenous Rights Globally: Building Resilience Respect and Reciprocity by Ms Raelene Webb QC The paradigm of indigenous societies being ‘uncivilised’ held sway for many years in parts of the world. However, Western understandings of indigenous societies have changed over the past centuries.

More recently there has been (at least at the academic level) a rejection of the idea of one society being superior to another in intellectual or evolutionary terms, and an emphasis on the idea that each culture has to be respected and understood on its own. However, assumptions about the primitiveness and backwardness of indigenous peoples continue to enjoy considerable currency in many countries.

This presentation explores the difficult struggle faced by indigenous people around the world to overcome occupation, colonisation and destruction, and the determination to survive in the face of these pressures.

Looking forward, it envisages a world where resilience, respect and reciprocity will prevail and allow for the evolution of global legal pluralism to the benefit of all world citizens.

9.50 am – 10.35 am : Plenary 1 by YAA Tan Sri Richard Malanjum, Chief Justice of Malaysia

10.35 am – 11.20 am : Plenary 2 ‐ The Law of the Land: Securing Indigenous Land Rights Through Multi Juridcalism by Dr Ramy Bulan Indigenous land rights are sourced in natural law, indigenous legal traditions, common law as well as written law. The definition of law in the Malaysian Constitution envisages plural sources of law and legal system that is potentially a perfect crucible for the elaboration, expansion and contextual enlargement of native rights. And in tandem with the emergence of international jurisprudence on indigenous rights, a resurgence of customary laws couched in international human rights law, the Malaysian courts have been the vanguard of recognition of native rights. However, recent Federal Court rulings in Sarawak underscores the degree of unpredictability in judicial conceptualisation and protection of native rights through the civil courts. In a few significant cases, the state responded by amending legislation to counter the effects of judicial decisions, and in the process, further limiting the content and entitlement to customary lands. Recent rulings have also highlighted the weaknesses in legal and procedural safeguards for certain models of development of native lands, revealing the absurd consequence and injustice that arises from total dependence on written law as the sole and ultimate source of native land rights.

This paper evaluates the effect of legislative amendments, and the exactitude of recent Federal Court’s contextualisation of indigenous legal traditions with regards to indigenous collective, territorial conception of land and argues that a multi‐ juridical approach is not only a moral but equitable approach which guarantees fairness and justice under the Constitution.

BORNEO RAINFOREST LAW CONFERENCE 2019

11.20 am – 12.05 pm : Plenary 3 by Mr Lim Heng Seng The indigenous people of Peninsular Malaysia are commonly known as “Orang Asli”. They belong to three major tribes, namely, the Negrito, the Senoi and the Proto‐ Malay. Making up about 0.6 per cent of the country’s population, Orang Asli are categorized as the most impoverished ethnic group in terms of income and standard of living in Malaysia.

The Federal Constitution and the general laws of the land apply to Orang Asli as they do to their fellow Malaysians. The Constitution recognizes the Orang Asli’s special position as the first peoples of Peninsular Malaysia and their relative disadvantage by expressly allowing affirmative action to be taken towards redressing the same. However, unlike Malays and the natives of Sabah and Sarawak, Orang Asli are not included in the category of “Bumiputeras”, which would grant them a special position in certain areas of the economy, education and public services.

While the Aboriginal Peoples Act 1954 is enacted for the protection, well‐being and advancement of the Orang Asli, it is more commonly associated with the failure to do so. This is particularly so in relation to the protection of their customary land rights. As with indigenous minorities worldwide, Orang Asli have a close affinity with their customary lands and are relentlessly dispossessed of their lands. Orang Asli are also faced with serious infringements of their rights to the use, occupation, and the resources of their lands. The Act merely provides a modicum of recognition of the right of the Orang Asli to occupy state land as mere tenants at will and does not make it mandatory for their customary lands to be declared as aboriginal areas or reserves.

Faced with the gradual extinction of their lands, aggrieved Orang Asli are beginning to assert their rights, not only as Malaysian citizens, but also the first peoples and the true Sons of the Malayan Soil. They rightly demand for a just resolution to their claims, basing them on moral, historical, legal and constitutional rights. They assert their demands through political avenues, invoke their rights in judicial forums and appeal to public opinion through their representative organizations in the mass media. Sometimes, they are put in a position where they have no choice but to resort to self‐ help measures in defending their lands which can result in grievous consequences.

Over the years, judicial decisions have established that Orang Asli have common law rights over their customary lands which are protected by the Federal Constitution. Further, the established jurisprudence enunciate that the Federal and State governments owe fiduciary duties towards Orang Asli. However, the legislative and executive arms of the government are slow to give full effect to these rights. Even when Orang Asli are able secure legal services and court challenges are mounted, they meet with resistance by the Federal and State governments every step of the way.

Another serious concern is the minimal extent to which Orang Asli are granted access to the full range of fundamental rights guaranteed to all citizens under the Federal Constitution. These include the rights to life and personal liberty, to equality and non‐discrimination, to religious liberty, and to education. Their lack of rights to access to education, as compared with other Malaysian children, came into sharp focus in light of the disappearance of several Orang Asli primary school children from their hostels and the subsequent tragic deaths of five of them.

BORNEO RAINFOREST LAW CONFERENCE 2019

12.05 pm – 12.50 pm : Plenary 4 ‐ The “New” Malaysia, and Indigenous Rights by Professor James Chin Malaysia underwent its first change of government in May 2018 after six decades of uninterrupted rule by the United Malays Nasional Organisation (UMNO). Sabah underwent a change of state government as well, when a combination of Parti Warisan Sabah and Pakatan Harapan (PH), replaced Sabah Barisan Nasional. Sabah BN had rule for 24 years. Almost immediately, the Sarawak Barisan Nasional left the federal BN and reconstituted themselves as Gabungan Parti Sarawak (GPS). With a new political landscape, what will this mean for federal‐state relations and indigenous rights?

12.50 pm – 1.20 pm : Morning Moderation Session Speakers: 1. YAA Tan Sri Richard Malanjum, Chief Justice of Malaysia 2. Dr Ramy Bulan 3. Mr Lim Heng Seng 4. Professor James Chin

Moderator: Mr Brenndon Soh, President, Sabah Law Society

1.20 pm – 2.00 pm : Lunch break

2.00 pm – 5.45 pm : Breakout Session Stream A Stream B 2.00 pm – 2.45 pm 2.00 pm – 2.45 pm Session 1 ‐ The Evolution of Land Rights and Native Session 1 by Emeritus Prof. Datuk Dr Hj Shad Saleem Title in Australia: Swings and Roundabouts by Ms Faruqi Raelene Webb QC (Australia) Citizenship and indigeneity have no necessary Widespread conflict over access to land followed the connection. A person can be a citizen of Malaysia but failure to recognise the existence of Indigenous land may not qualify as a native of Sabah and Sarawak. owners when Australia was first settled. The fiction of Likewise, a person may be indigenous to the states but ‘terra nullius’ and the legal assumption that the ‘waste not qualify as a citizen of Malaysia. lands’ of the Australian colonies were exclusively possessed by the Crown was not set aside until 1992 Citizenship is a matter of federal law under Articles 14‐ by the High Court. However, prior to that date, various 22. Nativity status, on the other hand, though defined statutory schemes had been established to return in Article 161A(6) of the Federal Constitution, is largely some land to traditional owners. determined by state law and subject to the wide discretion of state authorities. State laws in Sabah and Those statutory schemes are compared with the Sarawak are not uniform. statutory scheme established by the Native Title Act 1993 (Cth) to recognise and protect native title. In Sarawak a person qualifies as a native (i) if he is a Despite these steps to recognise indigenous rights in citizen, (ii) belongs to any one of the 28 indigenous land, the deeply ingrained view of some non‐ “races” specified in Article 161A(7), or (iii) is of mixed Indigenous Australians that Indigenous land rights are blood deriving exclusively from those races. less meaningful than other forms of land tenure In Sabah, a person qualifies as a native (i) if he is a continues to be an underlying cause of conflict in citizen, (ii) is the child or grandchild of a person Australia. “indigenous to Sabah” and (iii) was born either in Sabah or to a father domiciled in Sabah at the time of the birth.

The main weaknesses of the law are that citizenship is a pre‐requisite to native status. As citizenship is in federal hands, the states are powerless to confer native status on indigenous residents who are not citizens. Further, in Sarawak, children of mixed marriages in which one partner is not of an indigenous race are excluded from native status. In Sabah, the law on nativity shows gender bias towards descent from a male. Children from indigenous mothers are denied native status.

BORNEO RAINFOREST LAW CONFERENCE 2019

2.45 pm – 3.30 pm 2.45 pm – 3.30 pm Session 2 ‐ The Relevance of the Work of the Maori Session 2 ‐ The 21st Century Lawyer by Mr Raphael Land Court and the Waitangi Tribunal as models for Tay enhancing Indigenous Rights by Her Honour Deputy This seminar will discuss on the potential and ongoing Chief Judge Caren Fox (New Zealand) trends and challenges to the legal profession in the The presentation will explore the relevance of the 21st century (the increasing use of information work of the Maori Land Court and the Waitangi technology, the projection of liberalization by the new Tribunal as models for enhancing indigenous people’s market players, alternative business models etc.). rights. In particular the session will review the history of the Maori Land Court and the Waitangi Tribunal and A success as a lawyer is often defined by the ability to the nature of their respective jurisdictions in 2018. It adapt to change, whether it is planned or not. Most will demonstrate how both organisations work with clients prefer to be in the driver’s seat when managing narratives of Maori sovereignty, their customary law change, to add real value to their business and affairs and their tribal traditions. Adopting the Supreme in an accessible, professional, and efficient manner Court of New Zealand’s decisions, the implications of with effective and excellent communication especially the UN Declaration on the Rights of Indigenous if it relates to their career. This is the “21st Century Peoples are considered as a further tool for enhancing Lawyer”. the work of the Maori Land Court and the Waitangi Tribunal into the future so that these organisations A 21st Century law firm should also be ready to remain relevant to the communities they serve. The embrace positive change and substitute traditional ultimate purpose of the presentation is to standards with innovative standards of practice demonstrate how local solutions, enhanced by towards the fundamental transformation in law. This international law developments, are the only answer seminar will focus on the working practices & the to the global demands of indigenous peoples for fundamental skill sets of a 21st Century Lawyer recognition of their right to self‐determination. (branding, value‐added, project management, the quasi‐legal role and value management).

3.30 pm – 3.45 pm Tea Break

3.45 pm – 4.30 pm 3.45 pm – 4.30 pm Session 3 ‐ From Colonialism to Reconciliation? Session 3 ‐ Biological Resources ‐ Access to and Indigenous Rights in Taiwan by Dr Jolan Hsieh Benefit Sharing – Way Forward by Mr Ang Hean Leng (Taiwan) Sabah & Sarawak, being surrounded by the Borneo The study of Taiwan indigenous people, with the wave Island, have equatorial climate with tropical of Taiwan indigenous peoples’ rights claim of culture, rainforests and abundant animal and plant species. In language, tradition, ritual, religion, and so on, this context, Biodiversity is the key to the future of gradually merged into the social‐legal‐political rights high‐growth biotech industries and Sabah & Sarawak movement in Taiwan in the 1980s. It is concerned and possesses some of the richest biodiversity in terms of accompanied by the social movement of rights flora and fauna in the world. appeals, in the face of long‐term settler‐government suppression, as well as social reform movements such Malaysia is a signatory to the 1992 Convention of as environment, gender, labour, and education issues. Biological Diversity (CBD) where the Nagoya Protocol on Access to Benefit Sharing (ABS) is a 2010 The lifting of Martial law in 1987 followed by the supplementary agreement to the 1992 Convention prevalent indigenous rights movements, included the with the objective of implementing one of the three name rectification (name claims), the lands return objectives of the CBD which is the fair and equitable (land rights), the establishment of self‐governing sharing of benefits arising out of the utilisation of (sovereign rights) are important right claim that genetic resources, thereby contributing to the connecting to global indigenous movement. conservation and sustainable use of biodiversity.

Based on the Taiwan indigenous people’s social Sabah and Sarawak paved the way in implementing movement and rights initiative, this presentation ABS measures through their respective state laws. attempts to discuss Taiwan indigenous rights. The (Sarawak Biodiversity Centre Ordinance of 1997 and presenter will briefly talk about background of Taiwan Sarawak Biodiversity Regulations 2004; Sabah social movements, then explores the domestic and Biodiversity Enactment 2000). international situation of Taiwan indigenous peoples, as well as address the effect on international rights This session will explore key fundamental terms and claim promoted by activists. And finally, concludes concepts of Access and Benefit Sharing and examines with indigenous peoples’ rights development in briefly on the way forward.. contemporary Taiwan society, especially president

BORNEO RAINFOREST LAW CONFERENCE 2019

Tsai Ing‐Wen’s apologies to indigenous peoples of Taiwan on behalf of the government.

4.30 pm – 5.15 pm 4.30 pm – 5.15 pm Session 4 – Legal Recognition of the Role of Session 4 ‐ Hospitality & Tourism Law in Sabah & Indigenous Peoples in Conservation: Lessons from Sarawak by Benjamin Hirasawa International Law, Canada and the Philippines by Ms The objective of this seminar is to introduce the legal Holly Jonas (Canada) and Teodoro Brawner Baguilat aspect of tourism and hospitality in Sabah & Sarawak, Jr. (Philippines) and to address the issues and disputes arisen in these Indigenous peoples and traditional local communities industries, and the solutions conferred to these issues have deep and multi‐layered connections with the from the legal perspective. territories and environments on which they depend for their identities, cultures, ways of life and This seminar will also discuss on the legal principles wellbeing. They have customary rights to an estimated with particular emphasis on different aspects of laws 50 per cent of the world’s land and are custodians of relevant to culinary, data, food service management, 80 per cent of the world’s biodiversity. There are restaurant and the tourism industry. These include the inspiring examples from around the world of people Law of Contract, Law of Tort, Agency Law, and and institutions working to advance legal recognition Personal Data Protection which is crucial to these of the role of Indigenous peoples and communities in industries daily business operations. Also, after biodiversity and nature conservation. International knowing and understanding the legal aspects, biodiversity law and key domestic and regional cases prevention of any issues and disputes of any kind are increasingly recognising the interconnections could be applied to avoid unnecessary legal suits. For between them. Canada is emerging as a global instance, the principles of negligence to establish a frontrunner in its commitment to reconciliation with case where one can claim for negligence against the Indigenous peoples in the context of conservation, other in tourism matters with ambitious goals and programmes for Indigenous Protected and Conserved Areas and Indigenous Guardians. Across the Pacific, the Philippines is taking important strides towards what could be the world’ s first national law that recognises and protects Indigenous peoples’ self‐declared conservation areas. These advances, among many others, are the result of a dynamic interplay between systems of laws and actors at various levels and serve as inspiration for other countries to take more confident steps toward respectful engagement with Indigenous peoples.

5.15 pm – 5.45 pm Afternoon Moderation Session Speakers: 1. Ms Raelene Webb QC (Australia) 2. Her Honour Deputy Chief Judge Caren Fox (New Zealand) 3. Dr Jolan Hsieh (Taiwan) 4. Ms Holly Jonas (Canada) 5. Teodoro Brawner Baguilat Jr. (Philippines)

Moderator: Datuk Seri Panglima Clarence Bongkos Malakun, President, Majlis Jaksa‐Jaksa Pendamai Sabah

5.45 pm : End

BORNEO RAINFOREST LAW CONFERENCE 2019

Simply complete this Registration Form and return this to us by fax (088-232654) or email to Sabah Law Society at [email protected]. by 3rd January 2019.

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Venue : Pacific Sutera Hotel Kota Kinabalu Date : 17th January 2019 Time : 7:30a.m. to 5:45p.m. Registration Fee : RM300.00 per person

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(C) WELCOMING DINNER

Venue : Marriott Hotel Kota Kinabalu Date : 17th January 2019 Time : 6:00p.m. onwards Dress Code : Smart Casual Ticket Price : Complimentary (First Come First Serve basis upon registration)

( ) Attending Number of Accompanying Person(s):______Name of Accompanying Person(s):______

(D) OLY 2019 GALA DINNER

Venue : The Magellan Sutera Resort, Kota Kinabalu Date : 18th January 2019 Time : 6:30p.m. to 10:00p.m. Theme : Justice- The Way Forward Dress Code : Black Tie/ Red Carpet Ticket Price : RM190 per pax (subsidized cost) ( ) RM1800 per table (subsidized cost) ( ) RM220 per pax (late registration/walk in)

( ) Attending Number of Accompanying Person(s):______Name of Accompanying Person(s):______

(E) HOTEL

( ) Pacific Sutera Hotel Kota Kinabalu RM335/Night ( ) The Magellan Sutera Resort, Kota Kinabalu RM455/Night

If you wish to make a reservation at these special rates, please complete the following and we will arrange for reservations to be made accordingly, subject to room availability:

Name. No. of Person(s)______

Notes: Please email / fax the completed form to us at [email protected]./ +6088-232 654 together with your proof of payment by Bank transfer / Pay- in slip to: Sabah Law Society Bank: PUBLIC BANK BERHAD Account No. 3205743817 on or before 3rd January 2019

For further information, please contact: Sabah Law Society, Menara MAA, Lorong Api-Api 1, 88000, Kota Kinabalu, Sabah Tel: +6088-232 662 (Ms Clemintina Jaimin or Ms Marcetha Manuel) Fax: +6088-232 654 Email: [email protected]

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Area 73,904 sq. km (2016) Sabah is one of Malaysia's thirteen States which is situated on the Population 3.87 Mil (est.20 17) island of Borneo. This second largest state shares the island with Sarawak, another Malaysian state, Brunei and Indonesian's Kalimantan. It is a land abundant with natural beauty, exotic flora and fauna, fascinating underwater marine life, and warm hospitable people from a multi faceted society of various ethnic communities.

- History ------

Sabah received waves of immigrants in its pre-history, Austronesian whose ancestors constitute the present day indigenous population. Up until the midfifteenth century, Sabah was nominally under the sovereignty of the Sultan of Sulu and Brunei. Then there were the trading with Imperial China for Borneo's camphor wood, shells, cowries, pepper and bird's nest. Through trade, the Spaniards and Portuguese also tried to gain supremacy on the shores of Borneo but to no avail.

Sabah's more recent history can be traced back to 1881 when the British Chartered Company was set up to rule North Borneo (the state's old name). The Company administered the State until 1942 when the Japanese invaded and took control. After World Wa r II, the British returned and turned Sabah into a Crown Colony. In 1963, Sabah gained her independence and formed Malaysia.

1/8 -- Geography ------

Sabah occupies the top portion of the island of Borneo (the third largest island in the world) and covers an area of 73,904 sq km with a coastline of about 1, 440 km (about 900 miles) washed by the South China Sea on the West and the and Celebes Sea on the East.

Sabah lies between 4 and 8 North of the equator, and its climate is tropical but pleasant. Sunny blue skies typify most days and it is summer all year around.Though depending on the month and locality, rain may cause a little inconvenience, with the annua lrainfall varying from 60 to 120 inches. As a generalguide the wet season falls between November and February. Fortu• nately, Sabah does not experience any natural disaster or ca lamities. In fact it is under the typhoon belt (thus the name"Land Below The Wind") and is free from any climatic disturbances.

Temperatures seldom reach 90 F (33 C) and usua lly vary during the day from 74 F to 88 F (23 C to 31 C) and are cooler on the mountains.

The People Sabah is a unique land,a melting pot of many indigenous and immigrant groups. The population of slightly over 3.2 million (est. 2009) comprises over 30 different races and over 80 different dialects, eac h group having its own colourful culture, tradition, festiva land customs.

The indigenous groups include the Kadazan/Dusun, Bajau, Murut, Rungus,Lotud, Brunei,Orang Sungei, Kadayan,Bisaya and many other subgroups.The Chinese form the largest non - indigenous group.The main groups and their 'adat' (cultural obser• vances) are highlighted here.

The largest ethnic group in Sabah, the Kadazans/Dusuns and a re found mainly on theWest Coast. They are prosperous agricul• tural people and a re the main rice producers of Sabah, though now many have gone into different professions. Their system of beliefs revolves around their rice - planting and harvesting with fema le priestesses called bobohizan presiding over the rituals. The many sub - groups of the Kadazans/Dusuns include the Rungus, Lotud,Tambanuo, Kimarangan, Sanayou, and Tenggera.

The Bajau are skilled fishermen though there are linguistic and cultural differences between those living on the west and east coast. Those living on the west coast are predominantly farmers and well known for their skilled horsema nship, have been dubbed 'Cowboys of the East: They are expert "Horsemen" rearing ponies, buffaloes and cattle as well as being good rice cultivators. One can see them every Sunday at the picturesque Kota Belud "Tamu" as wel las on festiva l occasions resplendent in their colourful costumes riding brightly decorated ponies.

Those living on the east coast are mainly sea nomads, coming ashore only to bury thei r dead. Often called the 'Sea Gypsies' because of their love for wanderings on the high seas, they were fea rless sailors.

The Murut live mostly in the South West region of Sabah and in remote parts of the interior residency between the town of Keningau and the borders of Sarawa k and Indonesia. Many stilllive in longhouses andwere once fea red for their head hunting. Murut weddings are renowned for their elaborate displays of bridewealth,dancing and feasting.The Muruts were also great hunters, using spears, blowpipes and poisoned darts. Some of the Murut tribe include the Nabai, Peluan,Bokan,Tagal and Timogun.

The Rungus community still live in their long houses although much has improved since the days of'Nipah'leaves roof. This group is popular ly known for their bead making crafts and also traditional hand woven cloths.They live mostly on the northern region of Sabah,in the district of Kudat.

2/8 -KOTA KINABALU- Gateway to Sabah ------

Kota Kinabalu, the gateway to the rest of Sabah,is also the State Capital. It has a population of around 460 000 (est. 2009). Kota Kinabalu or K.K. as it is usually called, is a relatively new city as the original was destroyed during the Second World War. In the vicinity of Kota Kinabalu there are various places of interest, including the offshore islands ofTunku Abdu lRahman Park, Beach, the State Museum, the State Mosque, Gaya Street Fair every Sunday morning, and perhaps to venture further, the "pasar malam" or open night markets where you can test your bargaining skills.

Kota Kinabalu city is now well served by hotels and resorts of international standards. There are a range of fast foods restau• rants and international cuisines available to cater for a wide range oftaste. The most popular would be the Seafood restau• rants.

For the keen shoppers, major shopping complexes are open from 10 am until9 pm. You may find most shops offer products ranging from local to imported goods. There are also many handicraft shops selling local crafts within these complexes.

Evening entertainment also do not fall short in K.K. Clubs and discotheques are open until midnight for weekdays and about 1 a.m in the morning for weekends.

-Sabah Economy ------

The economy of Sabah has always been heavily dependent on the export of its primary and minimally processed commodities. Aside from the usual lumber milling, the agriculture,tourism and manufacturing sectors are growing vastly, and it is quickly becoming the main source of economy in Sabah. However, petroleum, and cocoa still remained three of the most exported commodities from the state. Due to the land's rich natura l resources, a lmost 1/7 of the land in areas around Sabah is suitable for agriculture development. Sabah isthe sole manufacturer of oil palm and cocoa in Malaysia. Oil palm plantation covered over 700,000 hectares of the East Coast area of Sabah, it has also contributed about 25% of the country's raw oil palm export. Traditionally, Sabah was heavily dependent on lumber based export, but with increasing depletion at an a larming rate of the natural forests, ecological efforts to save the remaining natural rainforests areas were made in early 1982. There are hundreds of SMI and SME in Sa bah, some companies have become a household name such as Gardenia, Ken Chong, Cap Kuda, and many more. With the Sabah government pursuing industrialization with the Sa bah Development Corridor plan; concentrating specifically in the area where KKIP Industrial Park and Sepanggar Container PortTerminal is located, there will soon be more manufacturing companies that will start up there in the near future. Eco-tourism is a major contributor to Sabah's economy. Whether it is the white sandy beaches, lush green forests, exotic wildlife,fun adventure, succulent cuisine, or rich cultural experience, there is a lways something for everyone.

-QuickTips ------

1. Ciimate Equatorial/Tropical

2. Average Temperature Min ( 24.2 degrees celcius)- Max ( 32.2 degrees celcius)

3. Currency Malaysian Ringgit (RM),Travellers cheques and foreign currencies can be changed for Malaysian Ringgit at banks and hotels. Most major Hotels charge a nominal fee for currency conversion.

4. Major Credit and Charge Cards VISA, Mastercard, American Express and Diners Club

5. Government Office Hours Mondays to Fridays (8 am- 5 pm)

6. Banking Hours Mondays to Fridays (10 am- 3 pm)

7. Local Time Standard Malaysian Time is 8 hours ahead of GMT

8. Electricity 240 volts AC/60-Cycle system

9. Language Bahasa Malaysia is the National Language. However,English is widely spoken.

3/8 10. Tourist Informat ion Centres -Sa bah Tour ism Board, 51 Jln Gaya,88000 Kota Kinabalu, Sabah, Malaysia. - Tourism Malaysia Sabah, Lotl-7, Ground Floor, Block I,Lorong Api-Api 1, 88000 Kota Kinabalu. 11.Tipping A service charge of 10% and a government tax of 5% are added to bills in all hotels and most restaurants. Tipping is not compulsory. 12.Customs: There is no duty-free allowance for visitors arriving from Peninsular Malaysia, Sarawak or Singapore. Weapons and walkie-talkies are prohibited, while possession of narcotics and other illegal drugs carries severe penalties, even death sentence. Firearms are subject to licensing. 13. Medical Services and Health: Government hospitals wil l accept foreign patients for any emergency case, or go to outpatient clinic for consultation. There are a number of private hospitals/medica lcentres offering the same services. Visitors are required to produce a certificate of vaccination against yellow fever if they are travelling from affected areas and those who are staying in remote villages are advised to take malaria prophylactics, commencing the course in advance of arrival in Sa bah.

14. Entry Requirements: A) A valid passport and visa (where applicable) is required. B) A Social or Tourist Visit Pass does not permit the holder to take up employment, business or professiona l work in Malaysia. C) The Business Visit Pass allows foreign visitors to enter the country for business negotiations or inspection of business premises. These passes however, cannot be used for employment purposes or for supervis ing the installation of new machinery or the construction of a factory. D) No fee is charged for a Business Visit Pass issued for a period of up to three months. A fee of RmS is imposed for each month thereafter.

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Kinabatangan Wetland 1s the largest Ramsar s1te 1n Malaysia

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Kinabalu Park is Malaysia's first World Heritage Site. Also the Centre of Plant Diversity for South East Asia, the Park boasts more than 5,000 vascular plant species and the Park has no shortage of fauna as well,being home to some 90 lowland mammal species and many others.

Mount Kinabalu Standing majestica lly at 4095.2 metre, is the highest mountain of Malaysia.Its granite summit is worth the awe-inspiring sunrise view that you would be able to experience. For more adventure to your journey, take the route of the wor ld's highest via ferrata and Asian's first is also at Mount Kinabalu at, 3776 above sea level.

Important notice : Mount Kinabalu is a popular destination, visitors who wish to climb Mount Kinabalu are advised to make reservations 6 months in advance to avoid disappointment. The number of climbers is limited to 135pax daily.

Poring Hot Springs A visit to Kinabalu Park will never be perfect without swinging by Poring Hot Springs. De-stress and soak away the sores and aches of your muscles in the spring's hot sulphuric minerals, deemed to have healing properties and very popular among the locals.

-Sepilok Orang Utan Rehabilitation Centre Opened in 1964,Sepilok Orang Utan Rehabilitation Centre is the wor ld's largest OrangUtan rehabilitation centre where it aims to return orphaned, injured or displaced Orang Utans back to the wild.

Once the animals have developed their climbing and foraging skills, they are eventually released into the surrounding forest reserve to fend for themselves. They spend most of their time in the forest and will sometimes return to the centre for a free meal.

- The Bornean Sun Bear Conservation Centre ------The Bornean Sun Bear Conservation Centre (BSBCC) is a sun bear rescue and rehabilitation facility being developed in Sepilok, .The centre is located next to the Sepilok Orang Utan Rehabil tation Centre and is equipped with key facilities including an observation platform, boardwalk and a visitor centre.

Kinabatangan

Kinabatangan River is most likely the best wildlife viewing location in Southeast Asia.lt is one of two places on earthwhere you are able to get 10 primates in one place. Being the second longest riverinMalaysia,it is known for its exceptionalbiodiversity. Teeming with many rare and endangered animals, the lower Kinabatangan is one of Sabah's most resplendent natural treasures from the Borneo Pygmy Elephant, Orang Utan,and the estuarine crocodile.

6/8 - Mari-mari Cultural Village The Mari Mari Cultural Village features 5 different ethnic tribes in one village. They are the rice farmer Kadazan-Dusun, the longhouse resident Rungus, the hunters and fisherman Lundayeh,the cowboy and sea gypsy Bajau, and the famously feared headhunting tribe Murut. Grab the chance to see blowpipe-making demonstration, fire-starting demonstration using , tattoo-making demonstration, and get an in-depth look at the mystical symbolisms behind them. Visitors will also get chance to sample Sabahan traditional delicacies from each ethnic group. Visitors would need to book inadvance as the cultural village does not accept walk-ins.

Sabah Agriculture Park ------• The Sabah Agriculture Park (Taman Pertanian Sabah) is situated on a 200 hectare site and was developed and maintained by the Agriculture Department. It is a park that offers visitors both recreational and educational activities. Originally set up as an orchid centre, the park has expanded to become a major research facility, tourist attraction and offbeat camp site, building up superb collections of rare plants, and developing new techniques for use in agriculture, agroforestry and domestic cultivation. From native orchids, crops museum, ornamental garden, bee centre,to a mini animal park this agriculture park is definitely one of a kind.

-TunkuAbdul Rahman Park ------If you're looking for a place to dip into the salty water, snorkeling, sea walking or just work on your tan;Tunku Abdul Rahman Marine Park is the place to go. The five islands, Pulau Gaya,Pulau Sapi, Pulau Manukan, Pulau Mamutik, and Pulau Sulug, that make up the Tunku Abdul Rahman Marine Park are all located within a short boat ride from each other. Experience the CoralFlyer (a Flying Fox ride) across the beautiful Tunku Abdul Rahman Park, Borneo's longest island-to-island zipline at 250 meters long from Gaya Island to SapiIsland. Other activities include kayaking,sailing, picnicking, BBQing and beach sports. If you are staying at the biggest island,Pulau Gaya, then you can do some light jungle trekking, as there are over 20km of trails throughout the island. During these treks you might encounter bearded pigs, proboscis monkeys, long-tailed macaques, monitor lizards,hornbills and even a few snake species.

- Islands in Semporna - On the list of top dive sites in the world, located in Semporna is an oceanic island rising 600m from the ocean floor with its stunning underwater visibility showing large number of reef sharks,turtle tomb, schools of barracuda and trevally. Sipadan is an hour from Semporna and 20 minutes from MabulIsland or Island. Other places to go to is,, Porn Porn Island. A marine park is also located in Semporna; or also known as the Semporna Islands Park, comprises of eight islands, Bohey Dulang, Bodgaya, Sebangkat,Selakan,Mantabuan, Sibuan, Maiga as well as the Church Reef and Kapikan Reef.Tun Sakaran Marine Park is not equipped with facilities for tourists; however visitors are welcome to explore the marine park's dive sites with their snorkels and scuba gears. Divers have reported many sightings of eagle rays, turtles, barracuda, bumphead parrotfish, and plenty of nudibranchs. Visitors can also visit theTun Sakaran Marine Research Unit in Bohey Dulang Island where the giant clam spawning and seaweed farming centre islocated.

-Danum Conservation Area ------• Danum Valley Conservation Area is where you can get a chance seeing the rarest and critically endangered animals from the , the Bornean pygmy elephant,banteng,clouded leopard, orang utan, , mousedeer, and an extensive diversity of exceptional flora and fauna. It is home to a diverse number of wildlife,endemic birds and plants. There are 120 species of mammals, and so far, there have been 300 species of birds recorded in the area.

-Kiulu Farmstay The Kiulu Farmstay is a community based ecotourism initiative that gives visitors a unique experience of living amongst 3 very hospitable and peaceful communities of Mantob village, Dumpiring Village and Pinagon Baru Village. Among the activities that are offered in Kiulu Farmstay are buffalo riding, quad biking, river tubing,fish spa, stone painting, hiking,white water rafting,and many more.

718 Tawau Hills Park -

The park is home to numerous plant and animal species. Lowland orchids are also abundant; the most spectacular is the Elephant's Ear Orchid. Be sure to check out the 2 hectare Lowland Gardens, home to an astounding selection of flora.This park is also a popular spot for families and friends to enjoy a picnic or, for the more adventurous, spend a night camping under a blanket of stars.

-Desa Cattle Dairy Farm ------• Located at the foothill of Mount Kinabalu, Desa Cattle Dairy Farm offers one of the most amazing scenery one could envision. Often chosen as a wedding photography destination, with the majestic Mount Kinabalu overlooking beautiful green pastures, the scenery is breathtaking, not forgetting the cool breeze that Kundasang has to offer.

Desa Cattle Dairy Farm is an ideal destination for the whole family, where there are activities such as feeding the calves with bottled milk, feeding goats with grass, how milk is processed as well as the milking process. The fresh and homemade milk, yoghurt and ice cream is a must have when coming here, no matter how long the queue is, it is definitely worth the wait.

-Tanjung Sempang Mengayau - Simpang Mengayau means 'lingering junction' as it is here that the South China Sea lingers and meets the Sulu Seas flowing from the east. It's a lovely easy strollto the flagpole, the Globe and the rocky outcrop that forms the "Tipof Borneo".The vision of the white sandy beach stretching along the path to the tip is simply breathtaking. Stay overnight to get an opportunity to experience either the sunrise or sunset. Both the sunrise and sunset at Simpang Mengayau is awe-inspiring.

for more information,please contact Communication section:

Sabah Tourism Board 51 Jln Gaya, 88000 Kota Kinabalu, Sabah, Malaysia. Tel: + (6088) 212121, Fax:+ (6088) 212075,21931 1 E-mail: [email protected] website: www.sabahtourism.com

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