Photo for illustration purposes only.
KOTA KINABALU (Oct 16): The High Court here on Monday fixed January 31, 2024 for oral submissions of an originating summons filed by registered trustees of Sabah Action Body Advocating Rights (SABAR) to get declarations that Continental Shelf and Petroleum Mining Acts 1966 are inapplicable in Sabah after the annulment of the Proclamation of Emergency on 1969.
Judicial Commissioner Datuk Faridz Gohim Abdullah ordered for both the applicant and respondent to make their oral submissions on the said date when the civil case came up for mentioning on Monday.
The judge also ordered for the respondent to file their Affidavit in Opposition within one month which is on or before November 14.
Meanwhile, the applicant had been ordered to file their Affidavit in Reply on or before December 14.
The judge further ordered for both parties to file their written submissions simultaneously on or before January 4, 2024 while the decision date to be notified later.
The sole applicant had named the Government of the Federation of Malaysia as the sole respondent in this case.
The applicant sought from court;
1) A declaration that the Continental Shelf Act 1966 and Petroleum Mining Act 1966 is inapplicable, unconstitutional, invalid, null and void in the territory of Sabah after June 19,2012;
2) A declaration that the territory of Sabah, after the annulment of the Proclamation of Emergency of 1969 on June 19, 2012, includes the continental shelf under the North Borneo (Alteration of Boundaries) Order in Council 1954;
3) A declaration that the Mining Ordinance 1960 is valid in Sabah after June 19, 2012;
4) A declaration that Section 3(3) Territorial Seas Act 2012 which limits the territorial waters of Sabah to three nautical miles is inapplicable, unconstitutional, invalid, null and void in Sabah as of June 22, 2012;
5) A declaration that the territorial waters of Sabah, after the annulment of the Proclamation of Emergency of 1969 on June 19, 2012, includes the 12 nautical miles of sea under the Convention on Territorial Seas and Contiguous Zone 1958 and North Borneo (Definition of Boundaries) Order In Council 1958;
6) Cost; and any further or other relief as this court deems fit to grant.
Counsel Roland Cheng represented the applicant while Federal Counsel Fazriel Fardiansyah Abdul Kadir acted for the respondent.