Exercise resident’s exclusive right to practice law in Sarawak

suppadmin | August 28, 2020

Central Youth Chief for SUPP, Michael Tiang who is also an advocate himself refered to the recent High Court application by 2 non-Sarawakian lawyers to practise in Sarawak.

Tiang said he wished to emphasize that it is Sarawak’s constitutional right to restrict non-residents of right to practise before courts in Sarawak. Particularly, Article 161B of the Federal Constitution which clearly provides a safeguard provision for Sarawak Bar to confine the right to practise in Sarawak to Sarawak lawyers only.

“Our Advocates Ordinance also requires only persons with Sarawak connection are allowed to be admitted as an advocate to practise before courts in Sarawak. All these statutory provisions not only expressly manifest one of Sarawak’s many special position and rights in Malaysia, more importantly the laws are there to protect Sarawak lawyers’ interests by encouraging Sarawak lawyers to grow and develop our own Sarawak Bar.

I sincerely hope that the High Court will continue to scrutinize such applications by non-resident lawyers for practising law in Sarawak with a stringent interpretation of both the Federal constitution and Sarawak’s Advocate Ordinance so as to safeguard and promote Sarawak’s special position and rights according to the spirit of the Malaysia Agreement 1963 as intended by our founding fathers. I wish to emphasize that It is Sarawak’s constitutional right to restrict non-residents of right to practise before courts in Sarawak. Particularly, Article 161B of the Federal Constitution which clearly provides a safeguard provision for Sarawak Bar to confine the right to practise in Sarawak to Sarawak lawyers only. Our Advocates Ordinance also requires only persons with Sarawak connection are allowed to be admitted as an advocate to practise before courts in Sarawak, ” he said.

All these statutory provisions not only expressly manifest one of Sarawak’s many special position and rights in Malaysia, he added, but more importantly the laws are there to protect Sarawak lawyers’ interests by encouraging Sarawak lawyers to grow and develop our own Sarawak Bar.

He hoped that the High Court will continue to scrutinize such applications by non-resident lawyers for practising law in Sarawak with a stringent interpretation of both the Federal constitution and Sarawak’s Advocate Ordinance so as to safeguard and promote Sarawak’s special position and rights according to the spirit of the Malaysia Agreement 1963 as intended by our founding fathers.