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KUALA LUMPUR: “The 50th Anniversary of Merdeka presents a fitting occasion to seriously reflect on the pertinent constitutional provisions and historical events that have given birth to the Constitution of Malaysia, and the amendments and modifications what have led to the Constitution we have today.” This opened the Address of Datuk Fong Joo Chung, the Attorney-General of the State of Sarawak at the 3rd and final day of the Malaysian Law Conference held at Kuala Lumpur Convention Centre.

Earlier, Datuk Fong congratulated the organising committee for organising the 14th Malaysian Law Conference, saying that he was also impressed by the quality of the papers delivered in the Conference. However, he lamented at the lack of participation by the judiciary.

"In the 1970s, it was the judiciary who were encouraging lawyers to attend such conferences by granting adjournments to cases," said Datuk Fong.

Datuk Fong then led delegates through a historical background of our nation’s Constitution, from that of the Reid Commission (Federation of Malaya Constitution) and the formulation of Malaysia through the admission of Sabah and Sarawak as preceded by the Cobbold Commission and Inter-Governmental Committee Report (IGC) 1962, which led to the then Malayan Parliament to amend the Constitution of the present Federation of Malaya to meet the requirements of the new States.

The distinguished speaker’s instruction would evidently come in handy to enable present and future generation of lawyers, public servants and administrators, academicians and judicial officers to appreciate and understand why our Constitution provides for the present system of Government, the relationship between the Federal Government and the State and their respective legislative and executive authorities, and the rationale for the special constitutional safeguards accorded to Sabah and Sarawak.

When touching on the topic of territorial provisions, Datuk Fong elaborated on the issue of State and territorial boundaries, since this has a spillover effect on other issues such as exploitation to natural resources, electoral administration and tourism in addition to State law requirements. An informative explanation was also provided on the legislative provisions concerning financial arrangements (including allocations and assistance) between the Federal Government and States.

Finally delegates were elucidated on the provisions of safeguards and protections accorded to the Federal Constitution, as embedded in the Federal Constitution and other inherent checks and balances, in addition to an explanation on mechanisms to resolve disputes between federal and State Governments.

In conclusion, Datuk Fong reminded the audience that we Malaysians cannot pretend to be living in utopia. While the Constitution provides a sound platform for federal and State Government to function and carry out their respective constitutional, social and other responsibilities, for the people who elect them, but problems often arise when the Constitution is subject to some misguided or perverse interpretation, without due regard to the spirit and historical background underlying the enactment of these provisions.

All should also be cautious of the unfortunate and unhealthy tendency of officials to leverage unnecessarily and unfairly on the federal Government’s financial and legislative strength or strong position, in dealing with the States and their officials. The onus would then be on political leaders, judicial officers, legislators and bureaucrats to accord the required respect and honour to the same, coupled with the maturity and tact of dealing with tensions, frictions and conflicts that may arise from time to time in a diverse community such as ours.

When asked about admission of Semanjung lawyers to practise in Sarawak especially to represent the natives there who had difficulty in getting legal representation as many lawyers there declined to act due to the influence of timber tycoons, Datuk Fong said Semenanjung lawyers could always be admitted on an ad hoc basis and so far no application has been denied.

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