Sabah, S’wak lawyers against draft Legal Profession Bill 2019

MIRI: The Advocates Association of Sarawak (AAS) and the Sabah Law Society ( SLS) stand firm on their opposition against the provisions concerning both the extension of the Legal Profession Act ( LPA) 2019 and the repeal of the Advocates Ordinances in Sabah and Sarawak as contained in the draft Legal Profession Bill ( LPA Bill) 2019.

This was stated in a press statement jointly issued and signed by AAS president Ranbir Singh Sangha and his counterpart from SLS, Brenndon Keith Soh.

“The SLS and AAS are of the concerted opinion that our respective legal fraternities are definitely not in favour of the LPA 2019 being extended to either Sabah or Sarawak.

“Whilst both (parties) recognise that the existing LPA 1976 contains identical extension and repeal provisions, both SLS and AAS are of the considered view that such extension and repeal provisions should not be included in the current LPA Bill, or any future or similar legislation.

“The SLS and AAS were not consulted on the LPA Bill and their position is to collectively and unreservedly oppose the extension and repeal provisions, and to demand that they be deleted from the LPA Bill,” the joint statement said.

The Advocates Ordinance of Sabah was recently amended by Parliament to create the statutory body known as the SLS.

The AAS are in the process of similarly creating a statutory body for the legal profession in Sarawak.

“As such, there’s no necessity to have the LPA 2019 extended to either Sabah or Sarawak, as SLS and AAS are able to regulate their own (respective) legal profession in the two states.

“This united message will be conveyed to their respective ( Sarawak and Sabah) State Attorneys- General, who will then be at liberty to convey the same to the Federal Attorney- General Chambers. We will similarly be writing to the Bar Council of the Malaysian Bar to record our discontent with the LPA Bill,” the AAS- SLS statement added.

Both entities felt that the removal of the extension and repeal provisions would go a long way towards recognising the historical autonomy that both Sabah and Sarawak have over the legal profession.

The legal profession in Malaysia is currently governed by three separate pieces of legislation, namely the LPA 1976 for Peninsular Malaysia and the respective Advocates Ordinances 1953 of Sabah and Sarawak.

Prior to LPA 1976, Peninsular Malaysia was regulated by the Advocates and Solicitors Ordinance 1947.

One must fulfil certain criteria before being admitted to practise in Sabah and Sarawak.

The Advocates Ordinance of Sabah and Sarawak contains a pre-requisite to the admission of advocates to the High Court in Sabah and Sarawak, where a residency qualification must be fulfilled. Namely, a person is born in Sabah / Sarawak, or has been ordinarily a resident in Sabah / Sarawak for a continuous period of five years, or satisfies the Chief Judge that he / she is domiciled in Sabah / Sarawak at the time of applying for admission.

Upon the formation of Malaysia in 1963, the Advocates Ordinances of Sabah and Sarawak were declared a federal law by virtue of the respective Modification of Laws ( Declaration of Federal Present Laws) Orders for Sabah and Sarawak.

As a result, any amendment to the Advocates Ordinances of Sabah and Sarawak must be passed by Parliament.

Under the Federal Constitution, there are two High Courts in Malaysia — Sabah and Sarawak are under the High Court in Sabah and Sarawak.

It has coordinated jurisdiction with the High Court of Malaya, which exercises jurisdiction in Peninsular Malaysia.

Article 161B of the Federal Constitution provides that any alteration to the residency qualification by Parliament shall not come into operation until adopted by a separate enactment of the Sabah or Sarawak State Legislature as the case may be.

Article 161B was inserted in the Federal Constitution as a result of the assurance and express terms of the Inter- Governmental Committee Report ( IGC) and the Malaysia Agreement 1963 (MA63), respectively.