AAS not convinced religious freedom of Borneo states intact in COA decision

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KUCHING: The Advocates Association of Sarawak (AAS) has expressed its deep concern with the impact of the decision of the Court of Appeal in the Herald case on the constitutional rights of Christians in Sarawak to practise their faith freely and in harmony in any of part of the Malaysia federation.

In a statement issued here, AAS said they remain unconvinced of the public assurances given by both the federal and state governments that the decision of the COA does not apply in Sabah and Sarawak, as the actual legal position.

“The common finding of the Court of Appeal (in the decision delivered on Oct 14) that the name ‘Allah’ is not an integral part of the faith and practice of Christianity and that such usage if allowed will inevitably cause confusion within the community, is not stated to be confined to the Christian community in West Malaysia only.

“The Association is of the view that it may be interpreted to apply throughout Malaysia. That being the case, the Association is particularly concerned that the provisions relating to religious freedom required by the Borneo States contained in the Report of the Inter-Governmental Committee 1962 appear not to have been brought to the attention of the Court of Appeal for consideration,” said the statement issued by AAS president Khairul Azmi Mohamad Hasbie.

As such, the AAS’ Central Committee in line with its object to protect and assist the public in Sarawak in all matters touching or ancillary or incidental to the law, may decide to hold a watching brief or act as amicus curae during the hearing of the Herald case, if it goes on appeal to the Federal Court.