High Court In Sabah And Sarawak
High Court in Sabah and Sarawak
The High Court in Sabah and Sarawak is one of the two high courts in Malaysia, the other being the High Court in Malaya. Established under Article 121 of the Constitution of Malaysia, it serves as a court of co-ordinate jurisdiction alongside the High Court in Malaya. Before 1994, it was known as the High Court in Borneo.
Historical Context
The High Court in Sabah and Sarawak was established following the formation of Malaysia in 1963, which included Sabah and Sarawak as well as the then Singapore. The High Court in Singapore was part of this judicial structure until Singapore's expulsion in 1965. The renaming of the court from the High Court in Borneo to the High Court in Sabah and Sarawak occurred on 24 June 1994.
Structure and Jurisdiction
The principal registry of the High Court in Sabah and Sarawak is located in Kuching, Sarawak. Additional registries are established across various locations within Sabah and Sarawak to facilitate judicial proceedings. The court functions as both a court of original jurisdiction and as an appellate court.
Leadership
The court is headed by the Chief Judge of Sabah and Sarawak, a position that ranks third in the Malaysian judiciary hierarchy, right after the Chief Justice of the Federal Court of Malaysia and the President of the Court of Appeal of Malaysia. This position was formerly known as the Chief Justice of the High Court in Borneo.
Role in the Judicial System
The High Court in Sabah and Sarawak plays a crucial role in the judiciary by handling both civil and criminal cases. It has the authority to interpret constitutional matters and its decisions can be appealed to the Court of Appeal and the Federal Court. The court’s jurisdiction covers both Peninsular Malaysia and East Malaysia, reinforcing its significance within the Malaysian legal landscape.