MOVING the Registrar of the High Court in Sabah and Sarawak from Kuching to Kota Kinabalu will spark another constitutional wrangle between opposition ruled Sarawak and Pakatan Harapan Putrajaya, according to a former PKR lawmaker.

Dominique Ng, who was once the assemblyman for Padungan, said the relocation, effective May 1, was “clearly yet another unconstitutional action taken by the PH government as there is no indication that the chief minister of Sarawak was ever consulted (on the move)”.

Ng, a senior lawyer who also heads a state rights group, said he was made to understand that the Advocates Association of Sarawak (AAS) has voiced its objections on the move.

He believed moving the registrar was “clearly politically motivated” by law minister Liew Vui Keong, a Sabahan.

“It may be to show who is the power holding sway and to give a bloody nose to Sarawakians.”

Sarawak MPs from the Gabungan Parti Sarawak (GPS) dealt Putrajaya an embarrassing defeat in parliament recently when they withheld support for a key constitutional reform bill that required two-thirds of MPs to pass.

The legal fraternity and the public learnt of the imminent relocation after an April 19 relocation circular signed by Chief Registrar of the Federal Court Latifah Mohd Tahar was leaked online and has been making its rounds on social media.

It was reportedly sent to the all legal bodies.

Latifah, in the circular, said the Agong had consented to the move but did not say if the chief ministers of Sabah and Sarawak or the head of the high court were consulted.

A senior lawyer and former DAP state lawmaker Voon Lee Shan also objected to the move.

“Putrajaya is just flexing its muscles to show us in Sarawak to what they can do to us if we toe the line or shut up.

Voon said the relocation is like Putrajaya saying: “See, this is what I can do to you.”

Explaining why the move could be unconstitutional, another lawyer and PKR branch leader, Francis Teron, said the provisions governing the location and relocation of the registry of the High Court of Sabah and Sarawak is clearly spelt out in the constitution.

“Any move must follow the said provisions. We are not in the know if the relocation has ever been done upon consulting chief minister of Sarawak,” Teron said.

He said Prime Minister Dr Mahathir Mohamad must explain the relocation move “to avoid unnecessary speculations”.

He said it would otherwise be seen by Sarawakians as yet again an encroachment into the state’s rights.

“It’s a bad move.”

Voon is asking what can Sarawak do to stop the move if it was done unconstitutionally.

“What’s the remedy?”

AAS president Ranbir Singh when contacted said the association is trying to verify “some information pertaining to the matter”.

He did not say what he was trying to verify, but lawyers in the know say Ranbir is seeking confirmation if Chief Minister Abang Johari Openg was consulted on the move.

“We hope to make a press release (statement) soon once the facts are verified.”

Some Sarawakians are also quick to take to the social media to slam the decision.

A friend of Ng, who shared his posting with The Malaysian Insight, described the relocation as “the last straw” for Sarawakians.

“In such times when Sarawakians have increasingly raised concerns about the federal government motives with Sarawak, the federal government has just made another move that just shows their extreme arrogance towards yet another right which is guaranteed in the federal constitution.

“We are fools if we continue to believe Dr Mahathir and the PH government can be trusted to return us our rights.
“It is not just the BN (Barisan Nasional government of old but also the current PH govt that will continue to ride rough shod over our rights, and just as arrogantly take them away,” he wrote.

Sarawak PKR vice president and Batu Lintang assemblyman See Chee How is also demanding an explanation from Putrajaya and Petrajaya over the relocation.

In a statement, he said the relocation was unprecedented.

“For more than 50 years, there has never been any complaint that this principal registry in Kuching has failed in any way to discharge its duties, obligations and functions in any manner nor failure or negligence on the part of the staff serving in the registry office,” See said. – April 21, 2019.