FORMER chief judge of Sabah and Sarawak, David Wong Dak Wah, a Sabahan, has finally been admitted to the Sarawak Bar.

Chief Judge of the two states Abang Iskandar Abang Hashim today dismissed the Sarawak attorney-general’s (A-G) objection to allowing Wong to practise law in the state.

The decision comes as a blow to Sarawak’s pro-independence lawyer Voon Lee Shan, who in September applied for leave to intervene in the applications by Wong and former chief justice Richard Malanjum to be admitted to the roll and thus practise law in Sarawak.

Malanjum retired as chief justice in April 2019 while Wong retired in February last year.

Both are Sabahans and are barred from practising in Sarawak in their private capacity under Section 2(2)(a), (b) or (c) of the Advocates Ordinance.

The ordinance, in line with the terms of the Malaysia Agreement 1963, does not allow non-Sarawakians to practise law in the state unless they get special exemption.

Voon’s application was dismissed on grounds that he has no locus standi to intervene.

Only the president of the Sarawak Advocates’ Association (SAA) and the state A-G have the powers to intervene.

Malanjum’s petition for admission had no objections from the SAA or the state A-G, but Wong’s petition was questioned by the A-G on his length of stay in Sarawak.

Under the ordinance, an exception can be made for non-Sarawakian lawyers if they have lived in the state for five continuous years. They can then qualify for admission to the state bar.

The A-G had argued that while Malanjum fulfilled this condition, Wong had not lived in the state for five “continuous” years.

This objection had held up Wong’s application until today.

Voon, meanwhile, has filed an originating summons in another high court for a declaration to set aside the September 15 order by Abang Iskandar to admit Malanjum to the Sarawak roll.

The judicial commissioner hearing the application, Alexander Siew, fixed March 1 for mention of the case and to fix a new date for his decision.

Voon, president of Parti Bumi Kenyalang, made Malanjum and Wong’s applications a hot-button issue when he said if their applications are allowed, it “will open the floodgates for West Malaysian lawyers to practise in Sarawak”. – February 2, 2021.