Reviewing laws to ensure Sabah is not left behind

Daily Express

3 days ago

Published on: Sunday, August 10, 2025
Published on: Sun, Aug 10, 2025
By: Datuk John Lo Text Size: Members of the newly-set up Council with Hajiji (centre). WHY Hajiji formed Sabah Law Reform Council? CM Datuk Seri Hajiji is the first CM to initiate the formation of Sabah Law Reform Council. A comprehensive law reform for Sabah is long overdue. All well managed countries undertake law reforms and updates to stay relevant, effective, just and economically competitive especially in the rapidly changing environment of AI/high tech and turbulent global economy. The focus of this article will be on economic factors relevant to Sabah.
Advertisement Restructuring and turning around Sabah's 40 years of stunted economic growth, by itself, has been a super complex and difficult task for Hajiji since Oct 2020. No one can or will be able to turn around the economy within a short time. Those who claim they can, are not telling the truth. The challenge to restructure Sabah's economy is made much more difficult by Sabah's many outdated and inappropriate laws. It is fortunate for Sabah that Hajiji has the foresight to form the Sabah Law Reform Council to look into, inter-alia: [1] Sabah has many laws that are antiquated and obsolete, some from far back to the British Chartered Company and the British Colonial Government. Many of these laws have become hindrance to Sabah's economic development.
Advertisement [2] Identifying these out-dated laws will be an erroneous task. [3] Sabah has very few laws for Sabah to facilitate progress in the 21st century. [4] Sabah needs some new laws urgently. Example 1: Hajiji's most important economic initiative for Sabah is the Blue Economy. It will require considerable legal brains to produce new laws/regulations to implement it. Example 2: Sabah does not have a holistic Agriculture Enactment to facilitate the development of agriculture. Example 3: Sabah needs new laws to establish new sources of revenues. [5] Sabah must use the best legal brains on matters pertaining to Sabah's constitutional rights. [i] The complex Sabah/Federal relationship, especially Sabah rights under MA63 and their never-ending procrastinations in implementations [40% revenue]. [ii] Sabah's rights as 1/3 partner in Malaysia, on matters pertaining to the protection of Sabah interests in federal policy decisions and their implementations. [iii] Review and monitor laws already passed or to be passed by Parliament that affect Sabah's interest like TSA 2012 [Territorial Sea Act 2012]. [vi] Ensure that Sabah's interest is not left out in all Federal Laws, present and future. 2. The Sabah Law Reform Council is non-political. Its member are highly respected Lawyers. Most wise. Hajiji's first pre-requisite was that The Sabah Law Reform Council should be non-political and free from political interference. Reforming Sabah's laws is hard work by professionals, not a political game for politicians. The formation of the Sabah Law Reform Council is the collaborative efforts of Tan Sri David Wong and SEAC [Sabah Economic Advisory Council] under the guidance/supervision of AG Datuk Brenndon Soh. It is highly significant and profound that Hajiji has appointed Tan Sri David Wong as the founding chairman of the Sabah Law Reform Council. He is eminently qualified. He has years of experience in private practice, then joined the bench and elevated to be Chief Judge of Sabah and Sarawak from July 2018 to February 2020. His career in private practice and the bench will give valuable leadership and perspective for the Sabah Law Reform Council. The council members are [1] Datuk Daniel Tan, [2] Datuk John Sikayun, [3] Dr. David Fung, [4] Datuk Roger Chin and [5] Shakinur Ain Karama. All five are highly respected senior Sabahan lawyers, non-political and Sabahans through and through. Tan Sri David is also the founding Chairman of BICAM [Borneo International Centre for Arbitrations and Mediations] which will play a key role in the development of KK as a regional commercial hub. The Sabah Law Reform Council and AG Brenndon will form a formidable team of legal experts. It has already got on to a flying start. They have already completed an important amendment of the Land Ordinance with the inclusion of 'indefeasibility of title' under the Torrent system. The Dun has passed this amendment in its sitting in April 2025. 3. Hajiji is First CM to Implement 'Open Government' by Seeking Advisories from Professionals, Young Sabahans and Private Sectors Stakeholders. Never done before by any CM. Hajiji formed SEAC [Sabah Economic Advisory Council, SYBIL [Sabah Young Business and Industry Leaders] and SPC [Sabah Professional Council]. SYBIL has been contributing policy inputs and encouragement/assistance to young Sabahan returnees from overseas. Sabah has 5000+ Sabahan professionals. For 'Sabah for Sabahans' policy, Masidi has instructed all GLCs to engage Sabah-based accountants for their financial service requirements. JTU will only accept survey submissions from Sabah based surveyors. Significantly, Hajiji has asked DSP Lim Haw Kuang for advice on oil and gas which has since become a major industry. Lim Haw Kuang is also advisor to SMJ Energy which is very profitable and has become a RM5 billion GLC within 3 years. 4. The Formation of The Sabah Law Reform Council Will Enhance Investors' Confidence in Sabah. One of the most crucial aspects that investors look for are functioning legal system and transparent governance. The fact that Hajiji has initiated the formation of this council is an important positive message for investors. With the appointment of Tan Sri David as the Chairman and his highly respected council members by Hajiji can only reinforce investors' confidence further. 5. Hajiji's Formation of Sabah Law Reform Council is a Continuation of His Policy of 'Open Government'. Formation of the Sabah Law Reform Council is a major milestone in Hajiji's open government policy. In our 'Westminster' style of parliamentary system, the rule of law is paramount. Updating and reforming our laws should therefore be of utmost priority. The work by Sabah Law Reform Council will create enormous beneficial impacts for future generations of Sabahans. 6. Why is Hajiji's 'Open Government' important? Hajiji's initiative to form SEAC, SYBIL, SPC and now Sabah Law Reformation Council is a very important aspect of 'open government'. Here are some reasons: [1] Previous governments have practised 'closed government' or 'top-down government. No or little avenue for non-politicians, professionals and young Sabahans to contribute to decision making. 'Closed government' belongs to the old era, grossly outdated. 'Closed door' produce 'in-breeding'. Very unhealthy. [2] Hajiji's 'open government' gives opportunities for outstanding Sabahan professionals [like Lim Haw Kuang in oil and gas and SDB, David Wong, members of SLRC in law reform, James Wong in nurturing young business leaders] to contribute ideas and management expertise for the betterment of Sabah. [3] Hajiji's 'open government' will attract many more highly qualify, perfectly capable Sabahans within Sabah, in W Malaysia, Singapore and overseas to volunteer their time and ideas. [4] Hajiji's 'open government' will promote 'inclusivity' in policy decisions and their implementations. [5] Hajiji's 'open government' will improve quality of policy outputs. [6] Hajiji's 'open government' has improved governance and management of GLCs/ agencies like SMJ Energy, ECoS, SDB and Sabah Credit Corporation. [7] Hajiji's 'open government' will promote transparency, best practices in governance and prevent financial and resource leakages. [8] Hajiji's 'open government' is the best and quickest way to pass on the benefits of 'Sabah for Sabahans' policy to Sabahans. 7. Hajiji's Formation of The Sabah Law Reform Council is an act of statesmanship in furtherance of 'Sabah for Sabahans' policy objectives for the benefits of Sabahans. The views expressed here are the views of the writer and do not necessarily reflect those of the Daily Express. If you have something to share, write to us at: [email protected]