KUCHING: There should be a High Court of Sarawak with its own registry to reflect the three states becoming Malaysia as Malaysia has three separate Bars.
“Not to forget that we also had our own court registry even before the formation of Malaysia,” said SUPP Central Youth secretary-general Milton Foo.
In a press statement, Foo said after World War II, when Sarawak was a British colony, together with the colonies of Brunei and North Borneo, the British combined all into one single judicial system — the Supreme Court of Sarawak, Brunei and North Borneo.
“We are no longer a colony but partner or founding state in Malaysia. If we can maintain separate legal profession in the three states, why can’t our judicial system?”
He also quoted Sabah Law Society president Roger Chin, who said they could only transfer cases in Sabah and Sarawak and it had created some problems.
“Although it’s not insurmountable, it creates some issues. So, I’m wondering whether having three high courts would make it any better or not.”
Foo said Chin also admitted that there were problems created with the current system but he was not sure whether three high court registries would make the situation better.
“If we know there are problems with the current system, isn’t it our duty as lawyers who are also officers of the court to find solutions to the problem?
“After all, we have different ordinances applicable only to Sabah and Sarawak respectively. For instance, the land law in Sabah and Sarawak is totally different and distinct — the former is governed by Sabah Land Ordinance while Sarawak by Sarawak Land Code.
“Only the politician as parliamentarians can make and amend the law, including the constitution in accordance with the spirit of MA63 (Malaysia Agreement 1963) and to fulfill the people’s wishes as they are the elected representatives,” added Foo.
By having a combined High Court of Sabah and Sarawak, Foo said “it seems to me there is no difference when Sarawak was a British colony and now under Malaya’s in the guise of the so-called Federation of Malaysia.”
