Chief Judge of Sabah and Sarawak explained

Post:Chief Judge
Body:Sabah and Sarawak
Native Name:Malay: Hakim Besar Sabah dan Sarawak
Incumbent:Abdul Rahman Sebli
Incumbentsince:17 January 2023
Department:High Court of Sabah and Sarawak
Style:Yang Amat Arif The Right Honourable The Very Wise His Lordship
Member Of:Federal Court of Malaysia
Seat:Palace of Justice, Putrajaya
Nominator:Prime Minister of Malaysia
Appointer:Yang di-Pertuan Agong
Appointer Qualified:on the recommendation and advice of the Prime Minister
Termlength:mandatory retirement age at 65 or 66 (at request for minimal extension), extension retirement age at 68 or 70
Constituting Instrument:Federal Constitution of Malaysia
Formation:24 June 1994
Inaugural:Thomas Jamieson Laycock Stirling Boyd

Charles Frederick Cunningham Macaskie

Sir Ivor Llewellyn Brace

Sir William Campbell Wylie

Mohamad Jemuri Serjan
Salary:30,000 monthly[1]

The chief judge of Sabah and Sarawak (Malay: Hakim Besar Sabah dan Sarawak; Jawi:), formerly the chief justice of Borneo, is the office and title of the head of the High Court of Sabah and Sarawak. The title has been in use since 24 June 1994, when the High Court of Sabah and Sarawak was renamed from the High Court of Borneo.

The High Court of Sabah and Sarawak is the third highest court of Malaysia alongside the High Court in Malaya. As such, the chief judge of Sabah and Sarawak is the fourth highest position in Malaysian judicial system after the Chief Justice of Malaysia, President of the Court of Appeal of Malaysia and the Chief Judge of Malaya.[2]

Constitutional basis

The office of Chief Judge of the High Court of Sabah and Sarawak is established under Article 122 of the Constitution of Malaysia, which establishes the then-Supreme Court (now Federal Court) as consisting of a Lord President (now Chief Justice), the chief judges of the High Courts of Malaya together with that of Sabah and Sarawak and at least four other judges and such additional judges as may be appointed pursuant to Clause (1A).

Role

The chief judge is first among equals among the judges of the High Court of Sabah and Sarawak, and the position differs little from that of the other judges. All judges, including the chief judge, are appointed by the Yang di-Pertuan Agong (King of Malaysia), on the advice of the Prime Minister of Malaysia. Under Article 125 of the Malaysian Constitution, they can be removed only by the Yang di-Pertuan Agong, on a recommendation from a tribunal consisting of at least five judges who are current or former Federal Court judges.[3] [4] Reasons for removal include the chief judge:

The prime minister will then provide the Yang di-Pertuan Agong the reason(s) why the chief judge should be removed. The Yang di-Pertuan Agong will then proceed to set up the tribunal to make a decision.

List of chief justices and chief judges

Sarawak (1930 to 1951)

width=230Namewidth=180Bornwidth=300Alma materwidth=90Tenure startedwidth=90Tenure endedwidth=90Duration


(died)		Trinity College, Oxford02009-10-01-03193002009-10-01-031939 years

?
(died ?)		?02009-10-01-03193902009-10-01-031945 years
Japanese occupation of Sarawak (December 1941–September 1945)


(died)		Victoria University of Manchester02009-10-01-03194602009-10-01-031951 years
Harvard University
Gray's Inn

North Borneo (1934 to 1951)

width=230Namewidth=180Bornwidth=300Alma materwidth=90Tenure startedwidth=90Tenure endedwidth=90Duration



(died)		Gray's Inn02009-10-01-03193402009-10-01-031945 years
Japanese occupation of North Borneo (December 1941–September 1945)


(died)		University College of South Wales and Monmouthshire02009-10-01-03194502009-10-01-031951 years
London University

Unified Judiciary of Sarawak, North Borneo and Brunei (1951 to 1963)

width=230Namewidth=180Bornwidth=300Alma materwidth=90Tenure startedwidth=90Tenure endedwidth=90Duration


(died)		University College of South Wales and Monmouthshire02009-10-01-031 December 195102009-10-01-0324 October 1952
London University



(died)		02009-10-01-03195702009-10-01-031957 years



(died)		Corpus Christi College, Oxford02009-10-01-035 December 195902009-10-01-031 January 1963



(died)		Victoria University of Wellington02009-10-01-032 January 196302009-10-01-0315 September 1963

Borneo (1963 to 1994)

width=230NamePortraitwidth=180Bornwidth=300Alma materwidth=90Tenure startedwidth=90Tenure endedwidth=90Duration



(died)		Victoria University of Wellington02009-10-01-0316 September 196302009-10-01-0327 August 1965



(died ?)		Middle Temple02009-10-01-0311 September 196502009-10-01-0327 August 1968



(died)		University College, London02009-10-01-032 September 196802009-10-01-0331 December 1973
Middle Temple



(died)		University of Southampton02009-10-01-031 January 197402009-10-01-0331 December 1988
Lincoln's Inn

[5]

(died)		-02009-10-01-0311 March 198902009-10-01-0323 June 1994

Sabah and Sarawak (1994 to present)

NamePortraitBornAlma materTenure startedTenure endedDurationPrior senior judicial roles



(died)		-02009-10-01-0324 June 199402009-10-01-039 September 1994Judge of the Supreme Court of Malaysia
(1989–1994)



(died)		Lincoln's Inn02009-10-01-0316 June 199502009-10-01-033 July 2000Judge of the High Court of Malaysia
(1978–1994)
Judge of the Federal Court of Malaysia
(1994–2000)



(age)		Inner Temple02009-10-01-032 July 200002009-10-01-0319 July 2006Judge of the High Court of Malaysia
(1992–2000)
Vrije Universiteit BrusselJudge of the Federal Court of Malaysia
(2000–2006)

[6]

(age)		MARA University of Technology02009-10-01-0326 July 200602009-10-01-0311 July 2018Judge of the High Court of Malaysia
(2004–2006)
University of LondonJudge of the Court of Appeal of Malaysia
(2002–2005)
Gray's InnJudge of the Federal Court of Malaysia
(2005–2018)

[7]

(age)		University of New South Wales02009-10-01-0311 July 201802009-10-01-0319 February 2020Judge of the High Court of Malaysia
(2007–2013)
Judge of the Court of Appeal of Malaysia
(2013–2018)
Judge of the Federal Court of Malaysia
(2018–2020)

[8]

(age)		University of Malaya02009-10-01-0325 February 202017 January 2023Judge of the High Court of Malaysia
(2008–2013)
Judge of the Court of Appeal of Malaysia
(2013–2018)
Judge of the Federal Court of Malaysia
(2018–2020)

Abdul Rahman Sebli[9]

(age)		University of Malaya17 January 2023IncumbentJudge of the High Court of Malaysia
(2010–2013)
Judge of the Court of Appeal of Malaysia
(2013–2019)
Judge of the Federal Court of Malaysia
(2020–2023)

See also

References

  1. Web site: A look at the resignation of Malaysia's two top judges and what's next. 11 April 2019. Malay Mail. 18 June 2018. Ida. Lim.
  2. Web site: The Malaysian Judiciary: Operation of the court. Malaysian Court. 15 April 2007. https://web.archive.org/web/20110709144745/http://www.kehakiman.gov.my/courts/maljudiciary.shtml. 9 July 2011. dead.
  3. Web site: 11 August 2019. My Constitution: Judges and the judiciary. Malaysian Bar. 30 December 2010. Malay Mail.
  4. Web site: Constitution of Malaysia 1957. 11 August 2019. CommonLII.
  5. Web site: Former Chief Justices. 18 October 2018. The High Court in Sabah and Sarawak. 2006. 3 May 2019. https://web.archive.org/web/20190503031317/http://www.highcourt.sabah.sarawak.gov.my/apps/highcourt/v3/modules/highcourt_web/formercj.php. dead.
  6. Web site: Ex-sportsman among new Sabah Datuks. The Star. 16 September 2006. 18 October 2018.
  7. Web site: Richard Malanjum Ketua Hakim Negara yang baharu. Bernama. Berita Harian. ms. 11 July 2018. 12 July 2018.
  8. Web site: Abang Iskandar is the new Chief Justice of Sabah and Sarawak. Bernama. Malaysiakini. 25 February 2020. 25 February 2020.
  9. Web site: Yatim . Hafiz . Tarani . Palani . 2023-01-17 . Abang Iskandar appointed as COA president, Zabidin made CJ of Malaya, Abdul Rahman CJ of Sabah and Sarawak . 2023-02-08 . The Edge Markets.

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