©New Straits Times (Used by permission)
KUALA LUMPUR: Reginald Hugh Hickling who helped draft
Malaya’s Federal Constitution, died in Worcestershire, Britain on Feb 11.
The 86–year–old distinguished administrator, professor and author died after a
short illness.
He had also single–handedly crafted the Internal Security Act and had
taught law students in Malaysia, Singapore, Britain and Australia.
He celebrated his 86th birthday in Kuala Lumpur last August, commenting that
since he was feeling frail he was not sure whether he would be able to visit
Malaysia again.
Although in the past Hickling had questioned the application of the ISA, last
year he spoke about his change of mind over the issue following worldwide
terrorist attacks.
In 1989, he wrote, "I could not imagine then that the time would come when the
power of detention, carefully and deliberately interlocked with Article 149 of
the Constitution, would be used against political opponents, welfare workers and
others dedicated to non–violent, peaceful activities."
The law professor stressed in an interview last July that "organised violence"
was the key to the preamble of the ISA and that he had drafted it to detain
communist insurgents without trial, but in later years "a lot of people were
being arrested who had nothing to do with organised violence at all".
Born in Malvern, Worcestershire in 1920, Hickling qualified as a lawyer before
joining the Royal Naval Volunteer Reserve during World War II.
After the war, he picked up his career again as a libel lawyer with the London
Evening Standard. In 1950, the Colonial Legal Service posted him to Sarawak as
Assistant Attorney–General.
As legal draftsman, Hickling later assisted Attorney–General Tom Brodie to draft
Malaya’s Constitution. And as the new nation’s Commissioner of Law Revision he
distilled the Emergency Regulations into the ISA.
He also published novels (including Crimson Sun Over Borneo) and short
stories and is survived by his wife Beryl, three children and twelve
grandchildren.
Former High Court judge Datuk Seri Dr Visu Sinnadurai described Hickling as "a
great and delightful person."
He recalled when he and Hickling were colleagues in the Faculty of Law at
University of Malaya, how even though he was the dean and Hickling a professor,
Hickling would give him guidance and advice when he needed it.
"He was a great scholar, a popular teacher and a good friend... a man with a
wealth of information which he readily shared. We have lost a good friend. He
was truly a legend. He was also a man of great humility," he said.
Lawyer Philip T.N. Koh, described him as a loyal statesman and a lawyer with
exemplary practical wisdom and good sense.
"Those of us who lived under his humble legacy learnt to care for what is most
valuable in our common lives," he said.