Sabah lawyers seek judicial review on tabling
Published on: Tuesday, April 11, 2017
Kota Kinabalu: Two Sabah lawyers have filed for leave for judicial review at the High Court, here, Monday over the tabling of PAS President Dato Seri Hadi Awang's Bill to amend the Syariah Courts (Criminal Jurisdiction) Act or RUU 355.Marcel Jude Joseph, 56, and Peter Wong, 68, a retired lawyer, named Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia and the Dewan Rakyat (13th Parliament of Malaysia) as the first and second respondent in their ex-parte application.The applicants are seeking an order of prohibition against the respondents to prevent the motion tabled in the Dewan Rakyat that; When passed by the 13th Parliament of Malaysia in whatever form and receives the Royal Assent thereby becoming law of the Federation of Malaysia to be enforceable or applied against all or any Non-Muslim citizens of the Federation of Malaysia especially Christians including Roman Catholics and whether such Christians are registered or non-registered as members of their respective churches.
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They also seeking a declaration that the motion tabled, when passed by the 13th Parliament of Malaysia, shall not be enforceable or applied in any matter or form whatsoever against all or any Non-Muslim citizens of the Federation of Malaysia especially Christians including Roman Catholics and whether such Christians are registered or non-registered as members of their respective churches. They also seeking a declaration that the motion, when passed, so far as it concerns the citizens and residents of Sabah State, is in breach of the relevant provisions of the Malaysia Agreement 1963, Report of the IGC (Inter Governmental Committee) 1962 and the 20-Point Agreement/Memorandum.In their affidavit-in-support, both applicants, who are Roman Catholic, claimed that the motion introduced in the Dewan Rakyat of the first and second respondents by Hadi, the contents of which have been republished or replicated in various forms in other newspaper prints and in social media in Sabah and throughout the world cause great concern and anxiety to Malaysians in general and in particular the non-Muslims, including Christians and others and are public interest issues which require the determination of the court. They claimed that the motion introduced by Hadi as referred to in the newspaper reports was – the proposed amendments to Section 2 of The Act – to increase the current "imprisonment of more than three years or fine of more than RM5,000, or more than six lashes" to "jail term of more than 30 years or fine more than RM100,000 or 100 lashes as administered in line with the syariah crimes".
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Marcel in his statement, claimed that they are concerned about the implications of RUU335 in its amended form when passed by Parliament. "It concerns all Non-Muslims in Malaysia and Sabah including the Christians and Catholics.
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We want an order of prohibition together with declarations that the law will not and does not apply to Non-Muslims including Christians in Malaysia and Sabah. "Our other bone of contention is that RUU 355 once it is amended is against the provisions of the Malaysia Agreement, Inter-Governmental Committee 1962 and the 20 Point Memorandum."We are seeking a court declaration on this, in view of the public interest in this matter. It is incorrect to say that RUU355 does not apply to non-Muslims. RUU 355 even in its present form is not totally clear it does not apply to Non-Muslims. "A careful reading of the Act shows that the Syariah Courts have jurisdiction in respect of offences committed against the precepts of Islam by persons professing that religion. In other words the practise of Islam does not operate in a vacuum but the practise of Islam operates through people professing that religion i.e. Muslims."So the offences in RUU 355 are against Islam by persons professing the religion of Islam. Stay up-to-date by following Daily Express’s Telegram channel.
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