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Apt and timely launch of book on Constitutional Federalism in M’sia

KUCHING: The publication of “Constitutional Federalism in Malaysia” by JC Fong is ‘very apt and timely’ taking into account that Sarawak is now celebrating its 45 years of progress within Malaysia.

The book, published by Sweet and Maxwell (member of the Thomson Reuters Group), could not exist in any other better time than the state’s 45th year of progress following the formation of Malaysia in Sept 16, 1963.

Chief Minister Pehin Sri Abdul Taib Mahmud, who incidentally was one leader who has played a big role in the formation of Malaysia, launched the book yesterday.

In his speech, Fong said Taib was the most appropriate person to launch the book because he had served in both the state and federal governments since July 22, 1963 – when the first state cabinet in Sarawak was formed.

“Therefore he has operated under this unique federal system of government prescribed in our Supreme law – the Federal Constitution,” Fong said during the launching ceremony of the book at the State Library in Petra Jaya here.

Taib, he pointed out, had vast experience in working under this system of government and also what made Malaysia, as a federation, succeeded as an independent, multiracial country, where unity in diversity so evidently prevailed.

“Among us are some of the veterans who have played a big role in the formation of Malaysia.

We have here, apart from Pehin Sri, Datuk Amar James Wong, Dato Sri Tra Zendnder and Tan Sri Thomas Jayasuria, who was the Attorney General of Sabah at that time,” he said.

Fong said another veteran, Tan Sri Datuk Peter Lo, a former Chief Minister of Sabah, could not attend because of health reasons.

He said he hoped Sweet and Maxwell would sign up to publish another book, which is targetted to be available by June next year.

The book is on Land laws in Sarawak from 1841 onwards, he added.

The book “Constitutional Federalism in Malaysia” by JC Fong covers constitutional history and discusses the federal system of government under the Constitution, involving among other things, the distribution of legislative and executive powers, the rights and responsibilities of the federal and state governments, the sharing of revenues and financial burdens and functions between the federal government and the states.

It also looks at the special protection for Sabah and Sarawak, and the amendments of the federal constitution, particularly those amendments which could affect the rights and interests of the states.

An extensive discussion of the power of parliament to amend the supreme law and guiding principles of the constitution is also given in the book.

It also discussed the relevancy of the 20 points ‘agreement’ or manifesto presented to the Inter-governmental committee by the Sabah delegation in the light of the Malaysia Agreement and the importance of consultation provided for in the certain pertinent Articles of the Federal Constitution as well as the need to develop a proper mechanism for meaningful consultative process to take place whenever stipulated by the provisions of the Constitution.

The book, priced RM280 each (for hardcover), will be of interest to political leaders and administrators involved in the management of the federal-state relationships, judicial officers, legal practitioners, politicians as well as teachers and students of law and constitutional history.

Fong obtained his Bachelor degree in Law (LLB) (Hons) from the University of Bristol, United Kingdom in June 1971.

He was called to an English Bar, Lincoln’s Inn, in November 1971.

Following two decades in private practice, he was appointed state Attorney-General of Sarawak in August 1992.

His service as the state AG concluded in Dec 31, 2007 but the Sarawak government has retained him in an advisory capacity and represented the government in court as state legal counsel.

He was president of the Advocates’ Association of Sarawak from 1982 till 1984 and was a founder of the association.

Sweet and Mazwell Asia managing director Devaraj Letchumanan also spoke at the function.

Deputy Chief Ministers Datuk Patinggi Tan Sri Dr George Chan and Datuk Patinggi Tan Sri Alfred Jabu; State Legislative Assembly Speaker Dato Sri Mohd Asfia Awang Nasar and the State Secretary Datuk Amar Wilson Baya Dandot were among the distinguished guests.

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