KOTA KINABALU: The legal fraternities in Sabah and Sarawak are against the extension of the Legal Profession Act (LPA) 2019 to both states.
The Sabah Law Society (SLS) and the Advocates Association of Sarawak (AAS) said they are able to handle their own legal matters.
They said they oppose the provisions concerning both the extension of the LPA 2019 and the repeal of the Advocates Ordinances in Sabah and Sarawak — known as the extension and repeal provisions — as contained in the draft Legal Profession Bill 2019.
“While we recognise that the existing LPA 1976 contains identical extension and repeal provisions, both the SLS and AAS are of the view that such extension and repeal provisions should not be included in this current LPA Bill or any future or similar legislation,” they said in a joint statement.
“The SLS and AAS were not consulted on the LPA Bill.
“Our position is to collectively and unreservedly oppose the extension and repeal provisions and to demand that they be deleted from the LPA Bill.”
The joint statement was issued by SLS president Brenndon Keith Soh and AAS president Ranbir Singh Sangha.
It said the Advocates Ordinance of Sabah was recently amended by Parliament to create the statutory body known as SLS.
AAS is creating a similar statutory body for the legal profession in Sarawak, it said, and thus, there is no necessity for the LPA 2019 to be extended to either of the two states.
The statement said “this united message” will be conveyed to the attorneys-general of Sabah and Sarawak, who will be at liberty to convey the same to the AG’s Chambers in Putrajaya.
“We will similarly be writing to the Bar Council of the Malaysian Bar to record our discontent with the LPA Bill,” it said.
Outlining the legal structure in Malaysia, the statement said the profession is governed by three separate sets of legislation — the LPA 1976 for Peninsular Malaysia and the respective Advocates Ordinance 1953 of Sabah and Sarawak.
Prior to the LPA 1976, Peninsular Malaysia was regulated by the Advocates and Solicitors Ordinance 1947 and one must fulfil certain criteria before being admitted to practise in Sabah and Sarawak.
“The Advocates Ordinances of Sabah and Sarawak contain a prerequisite to the admission of advocates to the High Court in the two states, whereby a residency qualification must be fulfilled.”
That person must be born in Sabah or Sarawak or has been resident in either state for a continuous period of five years or satisfies the chief judge that he or she is domiciled in either state at the time of applying for admission.
Upon the formation of Malaysia in 1963, the Advocates Ordinances of both Sabah and Sarawak were declared federal law and any amendment must be passed by Parliament.
“It must be emphasised that under the Federal Constitution, there are two High Courts in Malaysia,” the statement added.
“Sabah and Sarawak are under the High Court in Sabah and Sarawak, which has coordinate jurisdiction with the High Court of Malaya, which exercises jurisdiction in Peninsular Malaysia.
“The removal of the extension and repeal provisions would go a long way to recognising the historical autonomy that both Sabah and Sarawak have over the legal profession.”
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