Upko supports SLS statement on High Court Registry relocation issue
KOTA KINABALU: Sabah Law Society president Brendon Soh was correct in stating that under Article 121(4) of the Federal Constitution, the Principal Registry of the High Court of Sabah and Sarawak can be relocated to any place whether in Sabah or Sarawak, said Upko secretary general Nelson W. Angang in a statement here yesterday.
“Such discretion lies with the Yang di-Pertuan Agong acting upon the advice of the Prime Minister after consulting with both the Chief Minister of Sabah and Sarawak and also the Chief Judge,” he said.
Nelson said: “We all must appreciate that the placement of the Principal Registry of the High Court of Sabah and Sarawak is a shared constitutional right that is accorded to both Sabah and Sarawak.
“The High Court itself is called the High Court of Sabah and Sarawak and was created as part of our special rights under the Malaysia Agreement 1963. Currently there are an equal number of High Court Judges and Judicial Commissioners serving in the High Court of Sabah and Sarawak, that is six in Sabah and six in Sarawak.
“We have heard throughout the years and as recent as to the failed amendment to article 1(2) of the Federal Constitution, leaders from Sabah and Sarawak had been vocal and consistent for us to be recognised as equal partners in this federation based on the Malaysia Agreement 1963.
“Let us not forget that the struggle for recognition as equal partners is not only being equal partners with Tanah Melayu (West Malaysia) but it is also a recognition of equality between Sabah and Sarawak as partners.
“Since the formation of Malaysia, that is more than 55 years ago, the Principal Registry of the High Court has always been in Kuching. With the recent opening of the new Kota Kinabalu Court Complex, it would seem apt and timely that the Principal Registry of the High Court be moved to Kota Kinabalu.
“Such relocation of the registry only requires the Registrar of the High Court of Sabah and Sarawak to be relocated without the need of transferring any other staff and officers of the courts. This request for the relocation of the principal registry was in actual fact made internally by the top four judges from the Judiciary.
“I have the utmost respect towards all the leaders from Sarawak in their consistent and admirable struggle for Sarawak rights to be respected and recognised based on the Malaysia Agreement. I am equally certain that the leaders from Sabah also share the same desire and passion to ensure that Sabah rights are also respected.
“Perhaps, this relocation issue should be seen as an opportunity for the leaders of Sabah and Sarawak to take the lead by showing respect and compromise between two equal partners in a shared constitutional right true to the spirit of the Malaysia Agreement 1963 rather than for this issue to be seen as to be dividing us,” Nelson concluded.
It was reported yesterday that the Sarawak State Assembly had unanimously passed a Private Members’s motion to protest against any move to relocate the Principal Registry of the High Court of Sabah and Sarawak from Kuching to Kota Kinabalu.
It seems that initially when it was announced that the Principal Registry of the High Court is to be relocated, the office of the Chief Minister of Sarawak issued a statement stating that the Sarawak Chief Minister was never consulted.
This has resulted in the revocation of the announcement of the relocation from the Chief Registrar office.
Be as it may, it appears now that both the Chief Minister of Sabah and Sarawak are being consulted regarding this matter.