KUCHING: There should be a High Court of Sarawak with its own registry to reflect the three states becoming Malaysia and we have three separate Bars in Malaysia.
Not to forget that we also had our own court registry even before the formation of Malaysia, said Youth Sec general, Milton Foo.
He said after World War II, when Sarawak was a colony of UK, together with the colonies of Brunei & North Borneo, the UK combined all into one single judicial system of the Supreme Court of Sarawak, Brunei & North Borneo.
“We are no longer a colony but partner or founding State (in Adenan’s words) in Malaysia. If we can maintain separate legal profession in the three states, why can’t our judicial system?” he asked.
Sabah Law Society President Roger Chin was quoted as saying that we could only transfer cases in Sabah and Sarawak.
“So that already creates 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,” Chin said.
Chin admitted that, there are problems created with the current system. Just that he is not sure whether three high court registries would make it any better or not.
“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?,” Foo said.
“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 and Sarawak by Sarawak Land Code,” he added.
He said, only the politician as Parliamentarians can make law and amend the law including the constitution in accordance with the spirit of MA63 and to fulfil the people’s wishes as they are the elected representatives.
“We need to ask ourselves a very simple yet pertinent question:
Is Sarawak a colony of Malaysia just like UK colonised us before which combined the courts of its Borneo colonies into a single judicial system known as the Supreme Court of Sarawak, North Borneo & Brunei?,” he said.
“By having a combined High Court of Sabah and Sarawak, it seems to me there is no difference when Sarawak was under UK colony and now under Malaya’s in the disguise of the so-called the federation of Malaysia,” he said.