KOTA KINABALU - Former Sabah Chief Minister was mulling taking the Borneonisation issue either to the United Nations or initiating legal action in the United Kingdom on the Malaysia Agreement 1963.
“It’s either we petition the UN to get the signatories to MA63 to honour the promises made therein or we initiate legal action against the United Kingdom Government,” said Yong who is also President of the Sabah Progressive Party (Sapp). “MA63 was signed in London on 9 July 1963 and the UK was a party to the Agreement.”
“However, we can only do this once we have exhausted our legal remedies in Malaysia.”
He was commenting on the decision of the Federal Court to vacate the April 13 date set to hear the Borneonisation case filed by two former Sabah public servants against the Federal and Sabah Governments. “No other date has been set for the case. The case has been postponed indefinitely.”
The indefinite postponement of the case, he added, means that Sabahans could not yet initiate legal action in the United Kingdom or petition the UN. “We have not yet exhausted our legal remedies in Malaysia.”
The Court was set to hear the locus standi of ex-policeman Bernard Fung Fon Chen and ex-teacher Nazib Maidan to bring the civil action against the Federal and Sabah Governments.
The High Court in Kota Kinabalu had ruled on 25 May, 2012 that the two plaintiffs had no locus standi to bring the civil action against the Federal and Sabah Governments.
The two plaintiffs appealed against the ruling. Had the higher Court too ruled against the Plaintiffs, they would have exhausted their legal remedies in Malaysia. The Federal Court can sit as the Constitutional Court. Malaysia has no separate Constitutional Court.
Fung and Nazib filed the civil suit in 2011.
They are being represented by lawyers Peter Marajin and Ken Yong. Both lawyers are with the Sapp. - FMT
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