PBK president asks state government to amend Sarawak Advocates Ordinance to bar non-Sarawakians to practise law in the state

KUCHING, February 18, 2022 - Parti Bumi Kenyalang (PBK) president Voon Lee Shan today asked the state government to amend the Sarawak Advocates Ordinance to prohibit non-Sarawakians to practise law if  they have no Sarawak connection or if they fail to comply with the necessary requirement of the law.

Picture: Voon Lee Shan lost his appeal to intervene in the applications of two former Chief Judges of Sabah and Sarawak

He said the state cannot open its floodgates for foreign lawyers from countries like Australia, United Kingdom, Singapore and United States, besides those from Malaya, to come in to practise law as resident lawyers in Sarawak.

“What would happen if they just open a small office manned by a clerk or by modern technology and will not physically be in Sarawak but operating from overseas? “ he asked in a statement.

“There is a need to protect the rice bowl of our children and future generations because we do not have the resources to compete with foreigners,” he said.

Yesterday, Voon, who is a practising lawyer, lost his appeal to intervene the application of former Chief Justice of the Federal Court Tun  Richard Malanjum and former Chief Judge of Sabah and Sarawak Tan Sri David Wong Dak Wah to practise law in Sarawak.

The Court of Appeal ruled that he had no locus standi to intervene in the application.

The court ruled that only the Sarawak Advocates Association (AAS) and the Sarawak government which is represented by the Sarawak Attorney General Chambers (SAG) and no others have the right to appear in court when lawyers outside Sarawak seek admission to practise law in Sarawak.

Voon said the GPS government needs to seriously look into this because there is protection under the Federal Constitution and under the Malaysia Agreement 1963 to restrict practitioners who are not Sarawakians to practise law in the state.

Baru: Chief Minister willing to have a dialogue with Lun Bawang community over protected forest proposal

 KUCHING, February 18, 2022 - Ba’Kelalan State Assemblyman Baru Bian today said Chief Minister Datuk Patinggi Abang Johari Openg was receptive to have a dialogue with the Lun Bawang community in Ba’Kelalan who have protested against a proposal to declare a large area in Lawas as Ulu Trusan Protected Forest (UTPF).

Picture: Chief Minister Datuk Patinggi Abang Johari Openg (centre), with (left to right) Datuk Zaidi Mahdi,  Datuk Hamden Mohammad, Baru Bian and Robin Lusong.

He said the chief minister made the response when he and Persatuan Lun Bawang Sarawak (PLBS) president Robin Lusong paid a courtesy visit at the chief minister’s office.

He said he handed over a petition signed by over 1,000 members of the community to the chief minister, objecting to the proposal as it will affect their native customary rights (NCR) lands.

“The chief minister accepted the petition and indicated that the government is willing to consult

with the people to determine the areas that need to be excised and preserved, and the rights that

should be admitted,” Baru said in a statement issued after the courtesy call.

“This is a welcome move and I assured the chief minister of my willingness to coordinate a dialogue and consultation between the government and the people of Ba’ Kelalan.

“This engagement with the landowners is what should have been done before the proposal was made,

but it is not too late to do so now, and I wish to thank the chief minister for his openness in this matter,” Baru said.

Together with the chief minister at the meeting were Datuk Zaidi Mahdi, Permanent Secretary to

the Ministry of Natural Resources and Urban Development and Datuk Hamden Mohammad, Director of the Forest Department.

He said both these two officials were amenable to the proposal to engage with the people and he is looking forward to liaising with them on the arrangements.

Baru said he also took the opportunity to put forward a request to the chief minister that the

Sarawak-Sabah Link Road be extended by an extra 10km to Kampung Pa Berunut which had been approved by federal government under Pakatan Harapan (PH).

He said the extension will link to the proposed road alignment linking Limbang that will improve connectivity for the people in the area.

He said the budget for the construction had  been approved by the previous federal government.

“I am thankful that the chief minister was extremely receptive to my request and I hope that theSSLR will be constructed according to the alignment as originally planned by the Works Ministry,” Baru, who was the Works Minister under the PH federal government, said.

Abang Johari's trusted ally Ibrahim Baki appointed as GPS chief whip in the Sarawak Assembly

 KUCHING, February 17, 2022 - Chief Minister Datuk Patinggi Abang Johari Openg’s close and trusted ally Datuk Ibrahim Baki has been appointed as Gabungan Parti Sarawak (GPS) chief whip in the Sarawak Assembly, effective last night.

Picture: Datuk Ibrahim Baki thanks Chief Minister Datuk Patinggi Abang Johari Openg for the appointment as GPS chief whip in the Sarawak Assembly

The appointment was announced by Abang Johari at a dinner with the GPS elected representatives, which was held after the conclusion of the Sarawak Assembly’s three-day sitting yesterday.

A seasoned political observer suspected that the appointment was prompted by what had happened during the voting on the Sarawak Constitution (Amendment) Bill in the Sarawak Assembly two days ago.

The bill was only supported by 54 out of the 82 total number of State Assemblymen in the Sarawak Assembly in the first round of voting, prompting Padungan State Assemblyman Chong Chieng Jen to inform the House Speaker Tan Sri Asfia Awang Nasar that the number 54 did not constitute two-thirds which were required for any amendment to the constitution to pass through.

It was shy by one vote to constitute the two-thirds support.

However, in the second round of voting, 67 Assemblymen voted for the bill while the  six from the Opposition bench opposed it.

It would be a great embarrassment for GPS, especially Abang Johari, if the bill had failed to get the two-thirds support from the total number of State Assemblymen.

Hence, the appointment of the chief whip is deemed to be necessary and urgent to remind all the State Assemblymen, including ministers, of their heavy responsibilities during the sitting of the Sarawak Assembly.

In the December 18, 2021 state election, GPS won 76 out of 82 State Assembly seats up for grabs.

In a statement, Ibrahim, who is also Satok Assemblyman, thanked Abang Johari for the appointment, saying that he is humbled with the trust that the chief minister has put onto him. 

“I pledge to fulfill the responsibilities given to the best of my abilities,” he said.

He also thanked the other GPS component party heads – Sarawak United People’s Party (SUPP), Parti Rakyat Sarawak (PRS) and Progressive Democratic Party (PDP) for their nomination and endorsement for my appointment.

“Our august House in Sarawak has been established some 155 years ago and it is the oldest legislature in Malaysia and one of the oldest continuously functioning legislatures in the world.

“With its history and its stature, it is incumbent on all members of the Assembly to uphold its status and maintain their decorum – to act in a manner that is parliamentary.

“I hope with my new position, I can instill a sense of propriety and decency in the Assembly and ensure that our august House will continue to be seen as a bastion to uphold and protect Sarawak rights.

“This is as well as exercising its functions as the highest law making body in the state as we continue to seek more restoration of Sarawak rights as per Malaysia Agreement 1963 (MA63) and Inter-Government Committee Report (IGC) 1962 under the Federal Constitution,” Ibrahim, who is also PBB deputy secretary-general, said.

 

Lina Soo says agrees that Sabah's Head of State be known as Yang di-Pertua Negara

KUCHING, February 17, 2022 - Sarawak People’s Aspiration Party (Aspirasi) president Lina Soo agreed with  Sabah Progressive Party (SAPP) president Datuk Yong Teck Lee that the Sabah Yang di-Pertua Negeri title adopted in 1976 should be restored to its original wording.

Picture: Lina Soo says Sarawak Governor be known as Yang di-Pertua Negara

She said it is an indisputable fact that in the Malaysia Agreement Annex B the Constitution of Sabah, Article 1(1) stipulates that the Head of State for Sabah shall be called the Yang di-Pertua Negara.

“This is supported by Article 5 of Annex A Malaysia Bill of Malaysia Agreement which defines the Governor as the Head of State, by whatever style known, in a State not having a Ruler and in particular includes the Yang di-Pertua Negara in Sabah and the Yang di-Pertuan Negara in Singapore,” she said.

Soo said that for former British colonies, the title of Governor is a British legacy handed down from the British Empire to appoint a local official or administrator to govern its colony by the imperial monarch who is the Queen of Britain.

She believed that in the age of democracy where the government is elected of the people for the people by the people,  the term Governor should be discarded as it reeks of imperialism and decadence.   

She proposed that the Governor of Sarawak as in Annex C Constitution of the State of Sarawak annexed to Malaysia Agreement be amended to Yang di-Pertuan Negara Sarawak.

In the furore over the renaming of Chief Minister of Sarawak to Premier, Soo said Article 5 of Annex A Malaysia Bill of the Malaysia Agreement defines Chief Minister and Menteri Besar both to mean the president , by whatever style known, of the Executive Council in a State and in particular Chief Minister includes the Prime Minister in Singapore.

By the qualification of “by whatever style known”,  she believed it is constitutional for Sarawak through a 2/3 majority in the Sarawak Assembly to amend Chief Minister of Sarawak to Sarawak Premier and even to Prime Minister of Sarawak, precedent set by Prime Minister Lee Kuan Yew, as long as due constitutional process is carried through the Sarawak Assembly.

“Therefore there is no need for any Sarawak minister to be apologist over it, and the people of Sarawak should welcome this step because this proves the sanctity and sovereignty of our Sarawak legislative assembly  established as Sarawak General Council  on September  8, 1867 and is one of the oldest continuously functioning legislatures in the world, with the power to make and amend law.

“Our Sarawak Assembly, originally known as the Sarawak General Council, is our Sarawak Parliament where Parliament  essentially and simply means a legislative assembly of elected lawmakers,” she said, stressing that she supports the renaming of the Sarawak Assembly to Sarawak Parliament and any word which applies to Sarawak as a Negeri should be expunged.  

“This is because Sarawak is a nation in the federation of Malaysia as from our founding in 1841, we have an endemic population, a defined territory, a history, a culture and a government, and is not a ‘negeri’.

“Sarawak sovereignty with all intrinsic rights and powers must be guarded and protected with zeal,  truth and integrity,” she stressed.

Amend Article 160 of the Federal Constitution to give recognition to the word "Premier", says Kelvin Yii

KUCHING, February 17, 2022 - Bandar Kuching Member of Parliament Kelvin Yii today urged de facto Law Minister Datuk Seri Wan Junaidi Tuanku Jaafar to table a constitutional  amendment bill on the interpretation of the words “Chief Minister” under Article 160 of the Federal Constitution.

Picture: Bandar Kuching MP Kelvin Yii says too much focus on form than substance on "Premier" title

He said this is to give recognition to the title “Premier” under the just amended Sarawak Constitution for the Sarawak head of government.

“There has been an over-focus on “form rather than substance” in the  State Constitution amendments by adopting the word "Premier" to substitute "Chief Minister" under Article 6(3) of the Sarawak Constitution without the amendments made to the Federal Constitution,” Yii said when commenting on the amendment to State Constitution, which among others, changed the title “Chief Minister” to “Premier” for Sarawak’s head of government.

“While I am fully supportive to giving due recognition to the special position that Sabah and Sarawak has under the Federation of Malaysia, but such amendments must first and foremost show tangible contrast in terms of powers and authority in comparison to other states and constitutionally recognised under the Federal Constitution.

“That is why while the Youth, Sports and Entrepreneur Development Minister Datuk Seri Abdul Karim Rahman Hamzah argued that the amendment was in accordance with the amendment to the Federal Constitution enforced last week, I think this “title” change was an after-thought or even over-sight by the de facto law minister.

“If not amendments to Article 160 of Federal Constitution that refers to “chief Minister” or head of the executive in a state would also have been tabled in Parliament during the constitutional amendments of Article 1(2) and Article 160 back in November 2021,” he said.

Yii said for thee title “Premier’ be effectively more powerful vis-a-vis other states in Malaya, a Federal Constitution amendment must follow suit.

“He (Datuk Patinggi Abang Johari Openg)  cannot just be known as a “Premier” in Sarawak but constitutionally outside Sarawak he is still of the same status protocol ranking as all other Chief Ministers,” he said.

Yii reiterated his call for the GPS federal ministers and state leaders to commit to and formulate a Power Devolution Blueprint for Sarawak to set a pathway for the state to achieve greater decentralisation of powers and autonomy.

He said this plan should outline key milestones within the next five to 10 years along with a periodic review of the progress made to prepare us to take on the responsibility.

“It should also outline the strategies that Sarawak will employ to develop human capital within the state to meet the unique challenges of today and tomorrow,” Yii said, the strategies include plans on building the capacity of Sarawakians and retaining talent in the state so that we can develop it together should be covered thoroughly.

“Towards that end, we can start with devolving the powers for  important sectors - health and education to Sarawak,” he said, adding that necessary steps should be taken to insert education and healthcare on the Concurrent List under Schedule 9 of the Federal Constitution as a responsibility to be shared among federal and state governments of Sarawak and Sabah.

He said the Covid-19 pandemic has shown the importance of an equal federal-state partnership, especially in health matters, to effectively manage outbreaks and protect the lives of Sarawakians.