The Star
KUCHING: The Federal Court’s decision that only Sabah and Sarawak lawyers can appear in cases originating from the two states when they are brought up at the Court of Appeal is not detrimental to the 1Malaysia concept, Tan Sri Richard Malanjum said.
The Chief Judge of Sabah and Sarawak said the Federal Court’s decision meant that the rights of lawyers from Sabah and Sarawak, as guaranteed in the Federal Constitution, were respected.
The Chief Judge of Sabah and Sarawak said the Federal Court’s decision meant that the rights of lawyers from Sabah and Sarawak, as guaranteed in the Federal Constitution, were respected.
“This is not detrimental at all to 1Malaysia. In fact, it should enhance our closeness because we respect each other’s rights,” he said here yesterday.
Malanjum was a member of the five-man panel which delivered its judgment on the matter last week.
He sat with Chief Justice Tan Sri Zaki Azmi, Chief Judge of Malaya Datuk Ariffin Zakaria, Court of Appeal president Datuk Alauddin Mohd Sheriff and Federal Court judge Datuk Zulkefli Ahmad Makinudin to preside over an appeal.
The Federal Court’s decision overturned an earlier ruling by the Court of Appeal that counsel Tommy Thomas could represent former Sarawak state assemblyman Datuk Ting Check Sii in his appeal, heard in Putrajaya, against a Kuching High Court’s judgment dismissing his petition to wind up a local company.
An appeal was later filed by Ting for a ruling by the apex court on whether a lawyer from Peninsular Malaysia, Sabah or Sarawak could appear in an appeal to be heard in Putrajaya on a matter originating from the two states.
The Federal Court then unanimously decided that only lawyers from Sabah or Sarawak may appear in cases when the appellate courts sitting in Putrajaya hear appeals originating from the two states.
Malanjum said the decision meant that Sabah and Sarawak lawyers could appear in the Putrajaya Court of Appeal.
On the other hand, peninsula-based lawyers cannot appear in Sabah or Sarawak or in cases originating from the two states unless they obtained an ad hoc admission under the respective Advocates Ordinances of the two states.
Malanjum was a member of the five-man panel which delivered its judgment on the matter last week.
He sat with Chief Justice Tan Sri Zaki Azmi, Chief Judge of Malaya Datuk Ariffin Zakaria, Court of Appeal president Datuk Alauddin Mohd Sheriff and Federal Court judge Datuk Zulkefli Ahmad Makinudin to preside over an appeal.
The Federal Court’s decision overturned an earlier ruling by the Court of Appeal that counsel Tommy Thomas could represent former Sarawak state assemblyman Datuk Ting Check Sii in his appeal, heard in Putrajaya, against a Kuching High Court’s judgment dismissing his petition to wind up a local company.
An appeal was later filed by Ting for a ruling by the apex court on whether a lawyer from Peninsular Malaysia, Sabah or Sarawak could appear in an appeal to be heard in Putrajaya on a matter originating from the two states.
The Federal Court then unanimously decided that only lawyers from Sabah or Sarawak may appear in cases when the appellate courts sitting in Putrajaya hear appeals originating from the two states.
Malanjum said the decision meant that Sabah and Sarawak lawyers could appear in the Putrajaya Court of Appeal.
On the other hand, peninsula-based lawyers cannot appear in Sabah or Sarawak or in cases originating from the two states unless they obtained an ad hoc admission under the respective Advocates Ordinances of the two states.
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