MY letter concerning Nur Misuari (NST, Dec 5) was meant to address the issue surrounding Nur Misuari's detention in Malaysia from the point of view of public international law.

Nowhere did I ever suggest, as claimed by John Teo (NST, Dec 7) that "as an officially Muslim nation, Malaysia has an obligation to watch over the interests of Muslims elsewhere ..." Earlier reports from the Philippines indicate that the authorities there have now filed rebellion charges against Nur Misuari.

(An attempt to link him to the Abu Sayyaf terrorist organisation has come to naught now that the Malaysian Inspector-General of Police has confirmed that investigations had produced no evidence to connect Nur Misuari to the group and, further, that Nur Misuari had not committed any crime in Malaysia except for illegal entry.) While it is conceded that any attempt to rebel and overthrow a Government by unconstitutional means would invariably be regarded as a crime by the laws of the country concerned, the decisions of some of the leading international tribunals tend to regard such acts as "political" and hence, beyond the pale of any extradition exercise.

Section Eight (a) of our Extradition Act 1992 provides that a fugitive criminal from abroad cannot be surrendered to a country seeking his return, inter alia, if the offence in respect of which his return is sought is of a political character.

In Malaysia, an Act of Parliament takes precedence over any other arrangement which the country might have undertaken to abide vis-a-vis another country, whether such undertaking takes the form of treaties, principles of reciprocity or diplomatic courtesies.

If further reliance on the international plane is required to justify Malaysia's right not to return Nur Misuari to the Philippines, regard may be had to Article 14 of the Universal Declaration of Human Rights 1948 which refers to the right of fugitives to "seek" asylum in other countries.

Granting of asylum (permanently or otherwise) to foreign fugitives is certainly not unprecedented in this part of the world. Thus: # When a sizeable number of Indonesians revolted against President Sukarno in 1958, some of those involved received safe haven in our country.

# Through the years, neighbour-ing Thailand is on record as having given sanctuary to such "extreme" men as Ho Chi Minh, Norodom Sihanouk, Prince Souphanouvong and, of course, our very own Chin Peng.

Teo's reference to the adverse Government reaction to the presence of Philippines Congressmen during the Anwar Ibrahim trial concerned a matter on a completely different wavelength. Conversely, should some Malaysian Parliamentarians in their capacity as such decide to attend the trial of former President Joseph Estrada in Manila and find the gall to openly support him, I wonder what the reaction of the Philippines Govern-ment would be.

The position in the Nur Misuari case concerns the exercise of state sovereignty under international law of which, I should reiterate, the granting of asylum is inherently one of its indisputable attributes.

The question of asylum is a very serious and sensitive matter between the countries concerned and may bring in its wake grave repercussions in the international legal arena.

That Prime Minister Datuk Seri Dr Mahathir Mohamad is aware of this can be seen in his exasperation with Nur Misuari for putting Malaysia in a spot when he asked, "Why can't he run away somewhere else?" In this light it is heartening to note that in the Nur Misuari saga, diplomatic movements seem to indicate that the light at the end of the tunnel is within sight.

Farouk Hussin, the newly elected Governor of the Autonomous Region in Muslim Mindanao (ARMM), has offered an olive branch to Nur Misuari and his men.

While concerted efforts are being made by the Philippines and Malaysia to ensure that (putting the Sabah claim aside) the Nur Misuari issue does not cause strains to an otherwise harmonious relationship between the two Asean partners, Malaysia, as a sovereign nation, must ever remain vigilant of her rights and responsibilities under international law.

Tunku Sofiah Jewa Petaling Jaya