KUCHING: The proposed draft of the Legal Profession Act (LPA) 2019 notes the same provisions as stated in the current LPA 1976 at Sections 1, 2, and 152 but it has not
been extended to Sabah and Sarawak.
Sarawak Patriots Association (SPA) secretary David Hii Ching Loung therefore calls upon Sarawakian and Sabahan Members of Parliament to reject the proposed draft Bill.
“The proposed draft states that ‘The Advocates Ordinance of Sabah [Sabah Cap. 2] and the Advocates Ordinance of Sarawak [Sarawak Cap. 110] shall be repealed on the coming into operation of this Act in Sabah and Sarawak.’
“The draft further states that the ‘Act shall only be made applicable to Sabah and Sarawak with such modifications as the Yang di-Pertuan Agong may by order make; and such order shall be published in the Gazette’ and that ‘The Minister may appoint different dates for the coming into operation of the different parts or provisions of this Act and different dates may be appointed for the coming into operation of this Act in West Malaysia, Sabah and Sarawak’,” he said.
Hii said it must not be passed
in the two Borneo States as the
LPA had not been extended to Sabah and Sarawak and the legal professions in Sabah and Sarawak are governed by their respective Ordinances.
“We want to remind that special safeguards were included in the Federal Constitution of Malaysia to protect the interests of Sarawakians in the Malaysian Federation such as, inter alia, the independence of the Sarawak High Court and limitations on the practice of law to resident lawyers.
“This is an exclusive right
which is protected under
Article 161B of the Federal Constitution. These safeguards and assurances provided to Sarawak were critical and pivotal to secure the participation of Sarawak in the formation of Malaysia,” he pointed out.
He cautioned that to allow such provisions to remain would be an erosion or an attempt of an erosion of this exclusive right given to Sarawakians and Sabahans and would thus be an infringement of the constitutional rights of Sarawakians.
“The rights of Sarawakians must be respected as guaranteed in the Federal Constitution.”
