Kota Kinabalu: Sabah Law Society (SLS) Immediate Past President Datuk Roger Chin said the High Court of Sabah and Sarawak’s landmark decision affirming Sabah’s constitutional right to 40 per cent of Federal revenue derived from the State marks a historic turning point for Sabah.
“The High Court has upheld what we have long fought for – our constitutional right to 40 per cent of Federal revenue. This victory belongs to every Sabahan who never stopped believing that justice would come,” he said, Friday. The suit was filed during Chin’s tenure as SLS head.
Chin said the judgment delivered by the High Court is of “historic importance,” confirming that Sabah’s 40 per cent special grant is a constitutional right, not a privilege to be negotiated.
“For half a century, our entitlement was withheld. These were the ‘lost years,’ when promises made at the birth of Malaysia were forgotten. Today, the Court has restored those promises and reaffirmed the rule of law,” he said.
The son of former High Court Registrar and Sessions Court Judge Roland Chin, vowed that the SLS would vigorously resist any attempt to appeal or undermine the ruling, urging the Federal Government to respect and abide by the judgment.
“While it remains their right to appeal, doing so would betray sincerity, especially when successive governments – including the present one (Pakatan Harapan) – have pledged to honour the Malaysia Agreement 1963 yet failed to resolve the 40 per cent entitlement,” he said.
Chin stressed that the decision goes beyond monetary implications, symbolising dignity, fairness and respect for Sabah’s rightful place in the Federation of Malaysia.
“This ruling is more than numbers. It means schools for our children, hospitals for our families, roads that connect our villages and opportunities worthy of Sabahans,” he added.
He also acknowledged the vital role of the Sabah Government, which had consistently upheld and asserted the State’s constitutional rights.
According to Chin, the State Government’s efforts in clarifying historical records, including the share of Federal revenue derived from Sabah between 1964 and 1968, were instrumental in reaffirming that the intent and effect of Articles 112C and 112D of the Federal Constitution remained unchanged.
“The Court confirmed that the 1969 Order did not extinguish or alter the original formula. The constitutional mechanism guaranteeing Sabah’s 40 per cent share has always remained intact.” Chin explained that the ruling quashes parts of the flawed 2022 Review Order and its subsequent replacements which implied that certain omitted years could be disregarded.
“The Court ruled that such omission was unlawful. Importantly, this does not affect the 40 per cent grant due to Sabah from 2022 onwards under those orders,” he said.
The Court also directed that the Federal and State Governments must meet within 90 days and reach an agreement within 180 days, applying the 40 per cent formula guaranteed by the Constitution.
Chin said arrears due from 1974 to 2021 were recognised as a continuing debt owed to Sabah, to be settled either through direct payment or constitutional damages.
“Until these obligations are fulfilled, all reliance on the 2022 Order and its successors is stayed. In short, the constitutional path is restored and Sabah’s rights must now be given practical effect,” he said.
He emphasised that the Constitution’s original promise must now be honoured through meaningful engagement between both governments.
“The Court has ruled that Sabah is entitled to what was denied for almost 50 years. The law is clear – the formula must be followed and Sabah must finally receive its rightful share,” he said.
Chin said the ruling must not be seen as a victory against the Federation, but as a victory for Malaysia.
“It proves that Malaysia honours her founding promises that no State stands beneath the Constitution and that true unity is built not on neglect but on respect.
Today, Sabah has been heard. Today, justice has been done. And today, history records that promises made in 1963 remain promises kept in 2025,” he said.
He stressed that the Court’s decision ended Sabah’s “lost years,” restoring justice and redeeming the promise of Malaysia.
“Honouring this judgment is not just about Sabah – it is about strengthening Malaysia itself,” he said.
