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Legal Book 2010.Pdf Joint Opening Legalof the Year Sabah & Sarawak 2010 NEGARAKU IBU PERTIWIKU SABAH TANAH AIR KU NEGARAKU SARAWAK TANAH AIRKU SABAH TANAHAIRKU TANAH TUMPAHNYA DARAHKU NEGERIKU TANAH AIRKU SARAWAK NEGERI KITA YANG TERCINTA RAKYAT HIDUP ENGKAULAH TANAH PUSAKAKU PEMUDA PEMUDI BERSATU DAN MAJU TANAH TUMPAH DARAHKU SEMUA MARILAH RAHMAT BAHAGIA IBU PERTIWIKU BANGUNLAH BERSATU SEMUA TUHAN KURNIAKAN MARILAH BERSAMA SERTA MAJU JAYA RAJA KITA RAKYAT HIDUP AMAN DAN BAHAGIA MERDEKA SEPANJANG MASA SELAMAT BERTAKHTA DAMAI MUHIBBAH SENTIASA BERSATU SEGALA BANGSA SENTOSA RAHMAT BAHAGIA BERSATU BERUSAHA BERBAKTI SABAH NEGERI MERDEKA TUHAN KURNIAKAN UNTUK SARAWAKKU CINTAI RAJA KITA SELAMAT BERTAKHTA SARAWAK DALAM MALAYSIA AMAN MAKMUR RAHMAT TUHAN MAHA ESA ENGKAULAH SARAWAK BERTUAH TERAS PERJUANGAN RAKYAT BERJAYA BERDAULAT BAHAWASANYA NEGARA KITA MALAYSIA WHEREAS OUR COUNTRY MALAYSIA nurtures the mendukung cita-cita hendak : ambitions of: • mencapai perpaduan yang lebih erat di • achieving a more perfect unity amongst the whole kalangan seluruh masyarakatnya ; of her society; • memelihara satu cara hidup demokratik ; • preserving a democratic way of life; • mencipta satu masyarakat adil di mana kemakmuran • creating a just society where the prosperity of Negara akan dapat dinikmati bersama secara adil the country can be enjoyed together in a fair and dan saksama ; equitable manner; • menjamin satu cara liberal terhadap tradisi-tradisi • guaranteeing a liberal approach towards her rich kebudayaannya yang kaya dan berbagai corak ; dan and varied cultural traditions; and • membina satu masyarakat progresif yang akan • building a progressive society that will make use menggunakan sains dan teknologi moden. of science and modern technology. MAKA KAMI, rakyat Malaysia, berikrar akan menumpukan NOW THEREFORE WE, the people of Malaysia, pledge to seluruh tenaga dan usaha kami untuk mencapai cita-cita concentrate the whole of our energy and efforts to achieve tersebut berdasarkan atas prinsip-prinsip yang berikut : these ambitions based on the following principles: KEPERCAYAAN KEPADA TUHAN BELIEF IN GOD KESETIAAN KEPADA RAJA DAN NEGARA LOYALTY TO KING AND COUNTRY KELURUHAN PERLEMBAGAAN THE SUPREMACY OF THE CONSTITUTION KEDAULATAN UNDANG-UNDANG THE RULE OF LAW KESOPANAN DAN KESUSILAAN COURTESY AND MORALITY 2 SABAH TANAH AIR KU CONTENTS SABAH TANAHAIRKU NEGERI KITA YANG TERCINTA Rukun Negara 2 PEMUDA PEMUDI Negaraku 2 SEMUA MARILAH Ibu Pertiwiku 2 BANGUNLAH BERSATU SEMUA Sabah Tanahairku 2 MARILAH BERSAMA SERTA MAJU JAYA Welcoming Messages 3 - 6 MERDEKA SEPANJANG MASA Chief Judge of Sabah & Sarawak President of AAS BERSATU SEGALA BANGSA SENTOSA President of SLA SABAH NEGERI MERDEKA Co Organising Chairman I MESSAGE FROM Co Organising Chairman II THE CHIEF JUDGE OF SABAH & SARAWAK Co Editor I Co Editor II Main Organising Committee 7 I wish to thank the organizer of the Opening of Legal Year 2010 for inviting me to write a short message. Editorial Sub-Committee 8 Advocates Association of Sarawak 9 - 11 This is the second time a joint event is done and for the first time in Sibu. This year Sabah & Sarawak’s Opening of Legal Sabah Law Association 11 Year is preceded by the Opening of Legal Year at the federal Former Chief Judges of Sabah & Sarawak 12 level. The Sabah & Sarawak lawyers should take pride that a tradition which they revived has now become a national event. Former Presidents of AAS 12 I am told that this year’s celebration is a joint effort of the Bar Former Presidents of SLA 13 Association of the two States and the judicial sports club of Sibu Structure of the Judicial Dept. Sarawak 14 - 15 without any direct government financing. This is a testament of the sacrifice and self determination of the members of the Bar Structure of the Judicial Dept. Sabah 16 - 17 and the Judiciary. For this I congratulate all of you. Snapshots from OLY 2009 in Kota Kinabalu 18 - 19 I wish therefore that this event will be a greater success. The Origin & History of the Legal Year Ceremony 20 - 21 Happy New Year 2010 and those celebrating Chinese A Brief Introduction to Sibu 22 - 24 New Year, Gong Xi Fa Chai. Sibu Judicial Complex 25 High Court Judges of Sibu (1946 - Present) 26 Recent Activities of AAS 2009 27 Activities of the Judicial Department, Sibu 28 Social Responsibility Programs 29 TAN SRI DATUK SERI PANGLIMA RICHARD MALANJUM Chief Judge of Sabah and Sarawak MyConstitution Campaign 30 - 31 Behind the Scenes Photos 32 Sibu, Then & Now 33 - 35 Advertisers 36 - 50 Thanks & Appreciation 51 Map of Sibu & Route of Procession 52 3 Message from the Message from the President of the President of the Advocates Association of Sarawak Sabah Law Association This is the second time the Judiciary and the Bars of Sabah and This Opening of the Legal Year 2010 is yet another Sarawak come together to celebrate and mark the opening of the legal year of important historic event for the judiciary and legal profession the High Court of Sabah and Sarawak. in the States of Sabah and Sarawak as it is again being jointly The Year 2009 was a tumultuous year for Malaysia. In politics, we have organized for the second time by the courts and the legal the Barisan Nasional takeover of the Perak State Government, and a new Prime professions in both States with the Sibu Branch of the Advo- Minister. In terms of the economy, the global economic downturn has largely cates Association of Sarawak and the Judicial Department, spared ordinary Malaysians. But the scale of the alleged PKFZ scandal and the Sibu being the host and the main committee organizer of the theft of two jet engines from the Royal Malaysian Air force which were spirited event. Such a joint event augurs well for the judiciary and out of the country under the very nose of MINDEF and other security agencies the legal professions in the two States given the plethora of have all decent Malaysians wondering what is wrong with our country. legal, ethnological and socio-economic interests which both 2009 is also the year of controversial court decisions in West Malaysia have in common dating back to the colonial administration with the tussle for the Menteri Besar’s post in Perak, the Teo Beng Hock Inquest, and beyond. This joint Legal Year 2010 not only epitomizes court actions involving Anwar Ibrahim and the controversial blogger, Raja Petra the solidarity between the judiciary and the legal profession Kamaruddin. – it galvanizes the notion that both legal entities speak with Not to be outdone, the Judiciary in Sarawak during the last quarter of one voice. That this tradition should continue is, to my mind, 2009 and into the first quarter of 2010, suddenly underwent a total makeover. paramount in seeking from the judiciary its perpetual guid- It suddenly acquired a zero tolerance for cases awaiting trial for more than 18 ance so that the true spirit and meaning of the rule of law in months after filing. Cases were called up by the Courts and their hearing dates rendering justice to every individual irrespective of creed and were rescheduled forward and fixed to be heard even on Saturdays and public race is accomplished. After all, justice is an inextricable part of holidays, often till 10 p.m. in a frenzied pursuit to clear all pre-2008 cases by the judiciary and the legal profession. February 2010. The grave concern here is that hurried justice begets injustice, not It is, therefore, an honour and a privilege to be in- to mention the toll on the health and quality of life of the Judges concerned vited to contribute a passage or two in this commemorative by working non-stop 14 hours a day, seven days a week, with or without the magazine and ruminate on some of the achievements and help of performance enhancing drugs. Judges have no choice but to comply shortcomings in the preceding legal years. I recall the pal- with the directives of their superiors because their KPIs (Key Performance pable excitement and sense of fraternity during the earlier Indicators) will be based on the number of cases they dispose, which in turn will determine their promotion prospects or their confirmation as High Court openings of the legal year which remain undiminished to this Judges. Litigation lawyers will also suffer as they have to function in a difficult day. Indeed, this Legal Year 2010 is yet another symbolic mani- court environment, sometimes at odd hours, where the Judges will be impatient festation of the close relationship between the judiciary and and have a short attention span because they will be overworked, overstressed, the legal profession. It is my personal aspiration that this legal exhausted and irritated. propinquity remains strong now and in the years to come. It is my fervent hope that good sense will soon prevail and the right equilibrium will be struck between justice delayed and justice hurried. The We shall now leave the preceding legal year with re- public’s perception of the independence of the Judiciary is already at its lowest flections, however much or little we have achieved and con- point by the spate of controversial decisions this year. Let us not do anything front the Legal Year 2010 with a strong sense of optimism, rash to stifle its ability to dispense justice for ordinary Malaysians. Otherwise, the fortitude and resolve. On behalf of my legal brethren in the Judiciary as an institution of Justice may be beyond redemption. Sabah Law Association and for myself, may I conclude by re- My sincere thanks to the Organizing Committee and all parties cording my gratitude and thanks to the Organizing Commit- involved for their tremendous efforts and dedication in organizing and making tee and to everyone involved for their dedication and sacri- this event a success. To the advertisers and sponsors, you have my gratitude.
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