Lawyer Mohamed Haniff Khatri Abdulla said the adjournment would see whether the trade pact would come to fruition or to a premature end.
Citing a news report, the lawyer said Malaysia would focus efforts on wrapping up a separate multi-nation trade pact led by China, as Putrajaya braces for the possible collapse of the TPP spearheaded by the United States.
He said the comment comes after US President Barack Obama’s administration suspended efforts to win congressional approval for the TPP before President-elect Donald Trump takes office in January, leaving the pact’s fate for Trump and Republican lawmakers to decide.
The report also quoted International Trade and Industry Minister Mustapa Mohamed as saying that Malaysia was looking to push the Regional Comprehensive Economic Partnership (RCEP) mooted by China as part of its outreach to the 10-member Asean.
Haniff said the minister also said that the TPP could only proceed if the US, which “constituted about 60 per cent of the total TPP members’ GDP”, remained part of the deal.
Mustapa said there would be no TPP without US participation.
Justice Ahmad Maarop, who is leading a three-man bench, asked Haniff whether the lawyer’s request for a month’s adjournment was sufficient as any decision on the TPP could only be made after Trump assumed office on Jan 20.
Hanif said a clearer picture of the state of the TPP was expected to emerge during discussions on the sidelines of next week’s Apec Summit in Lima, the Peruvian capital, which would be attended by Obama.
Ahmad said the court was prepared to go on to hear the application.
Senior Federal Counsel Shamsul Bolhassan did not object to Haniff’s application.
On July 26, the Court of Appeal dismissed the appeal filed by Angkatan Belia Islam Malaysia (Abim), Urusetia Menangani Gejala Social and Persatuan Teras Pendidikan dan Kebajikan Melayu Malaysia.
Justice Abdul Rahman Sebli said the court unanimously found that government policies were non-legal in nature and the TPP did not infringe on the Federal Constitution.
In November last year, the NGOs filed a judicial review to stop Putrajaya from signing the TPP Agreement.
However, Malaysia and 11 other countries signed the TPPA on Feb 4.