KOTA KINABALU: The High Court here set December 17, this year, for the hearing of an application by a bishop of a church to strike out a suit brought by a member of the church against him.
Justice Datuk David Wong Dak Wah set the hearing date when the case came up for mention yesterday.
In the meantime, David granted an application by Kong Yun Chee @ Joshua Kong, who named the bishop and the holder as first and second defendants respectively in the suit, to file an application to amend the writ and claim.
In the suit filed on June 27, this year, the plaintiff, among others, claimed that the defendants, one or more, jointly and severally, an order or a declaration, that the first defendant is not a fit and proper person to hold the position as a bishop and an order that the first defendant be removed as bishop with immediate effect.
He is also seeking an order and/or a declaration that the trust instrument under the Trustees (Incorporation) Ordinance CAP 148 dated July 3, 1968 is illegal, invalid, null and void and has no further effect.
The plaintiff is represented by counsel Rakhbir Singh while counsel Brendon Soh acted for both defendants.
In another case, the court allowed an application by the Federal and State governments to stay the hearing of a suit in relation to Borneonisation issues brought by a former policeman and a former teacher against them.
Federal counsel Noor Hisham Ismail and State counsel Zaleha Rose Hj Pandin who was assisted by Ikhwan Ramlan applied for the hearing to be stayed as they wanted to appeal to the Court of Appeal against the High Court’s decision which ruled among others that Inspector Bernard Fung Fon Chen, 70, and former attachment teacher Mohd Nazib Maidan Dally, 35, have locus standi to bring the suit.
In the suit, the plaintiffs named the Federal and State governments as first and second defendants respectively.
Counsel Ken Yong, who acted for both plaintiffs, objected to the application stating that all parties seemed to be ready to proceed with the hearing.
David set December 17, this year for mention of the case pending the disposal of the appeal.
In their originating summons filed on August 8, 2011, Fung and Mohd Nazib are seeking among others, a declaration that the first defendant had failed and/or neglected to expeditiously and fully carry out the Borneonisation policy in the federal public service in the State.
They are also seeking for a declaration that the second defendant had failed and/or neglected to fully implement the assurance, undertakings and the recommendations contained in the Report of the Inter-Governmental Committee (IGC), 1962 dated February 27, 1963 in so far as the assurances, undertakings and recommendations are related to the Borneonisation of the federal public service in the State and which are not implemented by express provision of the Constitution of Malaysia.
Fung and Mohd Nazib are also seeking a declaration that the first defendant had failed and/or neglected to advise the Yang di-Pertuan Agong under Article 153 (2) of the Federal Constitution to ensure the reservation for the natives of the State of Sabah such reasonable number of positions in the public service of the Federal Government, in particular in the federal departments in the State.