Chief Judge of Sabah and Sarawak
| Chief Judge of Sabah and Sarawak | |
|---|---|
| Hakim Besar Sabah dan Sarawak حاكيم بسر سابه دان سراوق | |
Incumbent since 17 January 2023Abdul Rahman Sebli | |
| High Court of Sabah and Sarawak | |
| Style | Yang Amat Arif His Lordship |
| Member of | Federal Court of Malaysia |
| Seat | Palace of Justice, Putrajaya |
| Nominator | Prime Minister of Malaysia |
| Appointer | Yang di-Pertuan Agong on the recommendation and advice of the Prime Minister |
| Term length | 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 |
| Inaugural holder | Thomas Jamieson Laycock Stirling Boyd as Chief Justice of Sarawak (1930) Charles Frederick Cunningham Macaskie CMG as Chief Justice of North Borneo (1934) Sir Ivor Llewellyn Brace as Chief Justice of Combined Judiciary of Sarawak, North Borneo and Brunei (1951) Sir William Campbell Wylie ED QC as Chief Justice of Borneo (1963) Mohamad Jemuri Serjan as Chief Judge of Sabah and Sarawak (1994) |
| Formation | 24 June 1994 |
| Salary | RM30,000 monthly[1] |
| Website | www |
| This article is part of a series on the |
| Politics of Malaysia |
|---|
 |
The chief judge of Sabah and Sarawak (Malay: Hakim Besar Sabah dan Sarawak; Jawi: حاكيم بسر سابه دان سراوق), 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
[edit]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).[3]
Role
[edit]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.[4][3] Reasons for removal include the chief judge:
- not following the Judges’ Code of Ethics; or
- being physically or mentally unable to carry out his or her duties.
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.[4]
List of chief justices and chief judges
[edit]Sarawak (1930 to 1951)
[edit]| Name | Born | Alma mater | Tenure started | Tenure ended | Duration |
|---|---|---|---|---|---|
| The Right Honourable Thomas Jamieson Laycock Stirling Boyd |
23 October 1886 (died 1 January 1973 (aged 86)) |
Trinity College, Oxford | 1930 | 1939 | 8–9 years |
| The Right Honourable H. Thackwell-Lewis |
? (died ?) |
? | 1939 | 1945 | 5–6 years |
| Japanese occupation of Sarawak (December 1941–September 1945) | |||||
| The Right Honourable Robert Yorke Hedges |
6 August 1903 (died 29 May 1963 (aged 59)) |
Victoria University of Manchester | 1946 | 1951 | 4–5 years |
| Harvard University | |||||
| Gray's Inn | |||||
North Borneo (1934 to 1951)
[edit]| Name | Born | Alma mater | Tenure started | Tenure ended | Duration |
|---|---|---|---|---|---|
| The Right Honourable Charles Frederick Cunningham Macaskie CMG |
26 March 1888 (died 26 November 1969 (aged 81)) |
Gray's Inn | 1934 | 1945 | 10–11 years |
| Japanese occupation of North Borneo (December 1941–September 1945) | |||||
| The Right Honourable Sir Ivor Llewellyn Brace |
September 1898 (died 24 October 1952 (aged 54)) |
University College of South Wales and Monmouthshire | 1945 | 1951 | 5–6 years |
| London University | |||||
Unified Judiciary of Sarawak, North Borneo and Brunei (1951 to 1963)
[edit]| Name | Born | Alma mater | Tenure started | Tenure ended | Duration |
|---|---|---|---|---|---|
| The Right Honourable Sir Ivor Llewellyn Brace |
September 1898 (died 24 October 1952 (aged 54)) |
University College of South Wales and Monmouthshire | 1 December 1951 | 24 October 1952 | 329 days |
| London University | |||||
| The Right Honourable Sir Ernest Hillas Williams JP |
16 August 1899 (died 5 February 1965 (aged 65)) |
Trinity College Dublin | 1957 | 1957 | 0 years |
| The Right Honourable Sir John Ainley MC |
10 May 1906 (died 19 January 1992 (aged 85)) |
Corpus Christi College, Oxford | 5 December 1959 | 1 January 1963 | 3 years and 28 days |
| The Right Honourable Sir William Campbell Wylie[5] ED QC |
14 May 1905 (died 17 August 1992 (aged 87)) |
Victoria University of Wellington | 2 January 1963 | 15 September 1963 | 1 year and 347 days |
Borneo (1963 to 1994)
[edit]| Name | Portrait | Born | Alma mater | Tenure started | Tenure ended | Duration |
|---|---|---|---|---|---|---|
| The Right Honourable Sir William Campbell Wylie[5] ED QC |
14 May 1905 (died 17 August 1992 (aged 87)) |
Victoria University of Wellington | 16 September 1963 | 27 August 1965 | 1 year and 346 days | |
| The Right Honourable Sir Tan Sri Philip Ernest Housden Pike[5] PMN QC |
6 March 1914 (died ?) |
Middle Temple | 11 September 1965 | 27 August 1968 | 2 years and 352 days | |
| Yang Amat Arif Tan Sri Dato' Ismail Khan Ibrahim Khan[5] PMN PSM PPT BKT |
18 June 1905 (died 18 April 2000 (aged 94)) |
University College, London | 2 September 1968 | 31 December 1973 | 5 years and 121 days | |
| Middle Temple | ||||||
| Yang Amat Arif Tan Sri Datuk Amar Hun Hoe Lee[5] PMN DA SPDK PGDK PNBS ADK |
27 September 1923 (died 8 July 2005 (aged 81)) |
University of Southampton | 1 January 1974 | 31 December 1988 | 15 years and 0 days | |
| Lincoln's Inn | ||||||
| Yang Amat Arif Tan Sri Datuk Amar Mohamad Jemuri Serjan[5] PMN DA SPDK PNBS JMN JBS PPC |
10 September 1929 (died 26 January 2022 (aged 92)) |
- | 11 March 1989 | 23 June 1994 | 5 years and 105 days |
Sabah and Sarawak (1994 to present)
[edit]| Name | Portrait | Born | Alma mater | Tenure started | Tenure ended | Duration | Prior senior judicial roles |
|---|---|---|---|---|---|---|---|
| Yang Amat Arif Tan Sri Datuk Amar Mohamad Jemuri Serjan[5] PMN DA SPDK PNBS JMN JBS PPC |
10 September 1929 (died 26 January 2022 (aged 92)) |
- | 24 June 1994 | 9 September 1994 | 78 days | Judge of the Supreme Court of Malaysia (1989–1994) | |
| Yang Amat Arif Tan Sri Datuk Amar Siew Fai Chong[5] PSM DA PNBS |
4 January 1935 (died 23 January 2006 (aged 71)) |
Lincoln's Inn | 16 June 1995 | 3 July 2000 | 5 years and 18 days | Judge of the High Court of Malaysia (1978–1994) | |
| Judge of the Federal Court of Malaysia (1994–2000) | |||||||
| Yang Amat Arif Tan Sri Datuk Amar Steve Lip Kiong Shim PSM DA PJN JBK KMN PPB |
20 January 1940 (age 84) |
Inner Temple | 2 July 2000 | 19 July 2006 | 6 years and 24 days | Judge of the High Court of Malaysia (1992–2000) | |
| Vrije Universiteit Brussel | Judge of the Federal Court of Malaysia (2000–2006) | ||||||
| Yang Amat Arif Tan Sri Datuk Seri Panglima Richard Malanjum[6] PSM SPSK SSAP SIMP SPDK PGDK |
13 October 1952 (age 72) |
MARA University of Technology | 26 July 2006 | 11 July 2018 | 11 years and 351 days | Judge of the High Court of Malaysia (2004–2006) | |
| University of London | Judge of the Court of Appeal of Malaysia (2002–2005) | ||||||
| Gray's Inn | Judge of the Federal Court of Malaysia (2005–2018) | ||||||
| Yang Amat Arif Tan Sri Datuk Seri Panglima David Dak Wah Wong[7] PSM SPDK PGDK |
20 August 1953 (age 71) |
University of New South Wales | 11 July 2018 | 19 February 2020 | 1 year and 224 days | Judge 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) | |||||||
| Yang Amat Arif Tan Sri Datuk Amar Abang Iskandar Abang Hashim[8] PSM DA DSPN |
3 July 1959 (age 65) |
University of Malaya | 25 February 2020 | 17 January 2023 | 2 years and 327 days | Judge 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) | |||||||
| Yang Amat Arif Tan Sri Dato' Abdul Rahman Sebli[9] PSM DIMP PPB |
25 January 1959 (age 65) |
University of Malaya | 17 January 2023 | Incumbent | 1 year and 323 days | Judge 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
[edit]References
[edit]- ^ Lim, Ida (18 June 2018). "A look at the resignation of Malaysia's two top judges and what's next". Malay Mail. Retrieved 11 April 2019.
- ^ "The Malaysian Judiciary: Operation of the court". Malaysian Court. Archived from the original on 9 July 2011. Retrieved 15 April 2007.
- ^ a b "Constitution of Malaysia 1957". CommonLII. Retrieved 11 August 2019.
- ^ a b "My Constitution: Judges and the judiciary". Malay Mail. Malaysian Bar. 30 December 2010. Retrieved 11 August 2019.
- ^ a b c d e f g h "Former Chief Justices". The High Court in Sabah and Sarawak. 2006. Archived from the original on 3 May 2019. Retrieved 18 October 2018.
- ^ "Ex-sportsman among new Sabah Datuks". The Star. 16 September 2006. Retrieved 18 October 2018.
- ^ "Richard Malanjum Ketua Hakim Negara yang baharu". Bernama (in Malay). Berita Harian. 11 July 2018. Retrieved 12 July 2018.
- ^ "Abang Iskandar is the new Chief Justice of Sabah and Sarawak". Bernama. Malaysiakini. 25 February 2020. Retrieved 25 February 2020.
- ^ Yatim, Hafiz; Palani, Tarani (17 January 2023). "Abang Iskandar appointed as COA president, Zabidin made CJ of Malaya, Abdul Rahman CJ of Sabah and Sarawak". The Edge Markets. Retrieved 8 February 2023.