Malaysia Agreement 1963 (MA63) was signed before Malaysia was formed The Malaysian Court was not in existence at that time although there was a High Court of Borneo and High Court of Malaya existing at that time
We had filed a Suit against the two retired Judges who were not Sarawakians to practise as Lawyers in Sarawak but we lost. Under MA63 no lawyer who is a Sarawakian could practise law in Sarawak. Therefore MA63 gave protection against Lawyers outside Sarawak to practise here. But the federal constitution and the Advocates Ordinance gave certain leeway for floodgates to be opened. There was no full protection by the constitution and Advocates Ordinance which in spirit to my opinion is against MA63.
The suit against the two retired judges were filed because we want to know how the court would decide on matters protected by MA63.
We lost the case but the court did not touch on issue of court's JURISDICTION to hear cases protected under MA63. With that, it is not sure how the court will rule on issue of jurisdiction in our MA63 SUIT.
If the court rules it has no jurisdiction to hear matters touching on MA63 then the MA63 Suit filed by us under 11 plaintiffs would be struck out on this ground alone.
If the court decides that it has jurisdiction the court will look into other grounds if the court decides to strike our case out.
Voon Lee Shan
President
14 May 2023
No comments:
Post a Comment