
Its president, Brenndon Keith Soh, said the issue should not divide the legal communities in both states, adding that there were other fundamental and substantive issues that needed more attention.
“We need to overcome problems concerning the Malaysia Agreement 1963 and additional rights and special grants under the Federal Constitution.
“Being on the same page would go a long way to fulfilling these collective aspirations,” he said here today.
Soh said the decision not to relocate the registry showed that issues could be resolved with reciprocal understanding, respect and consensus among the stakeholders.
“It must be remembered that the office of the registrar of the High Court of Sabah and Sarawak encompasses both the Borneon states,” he said.
Chief registrar of the Federal Court Latifah Mohd Tahar had announced in a circular dated April 19 that the registry would be relocated from Kuching to Kota Kinabalu on May 1.
However, in another letter dated yesterday, Latifah said the relocation would not be implemented.
Soh said the Sabah Law Society agreed that according to Article 121 (4) of the Federal Constitution, the registry could be relocated to any place, either in Sabah or Sarawak, as determined by the Yang di-Pertuan Agong.
Under this article, the Agong will decide, after acting on the advice of the prime minister, who shall consult the chief ministers of Sabah and Sarawak and the chief judge of the High Court.
“The decision is ultimately that of the prime minister,” he said.
Soh said that a relocation is essentially in name and involves only the registrar.
He said the practice before the courts of both Sabah and Sarawak would not be impacted as a result of a relocation.
“The SLS will respect the Agong’s decision acting on the informed advice of the prime minister in accordance with Article 121 (4),” he said.