Kota Kinabalu: The High Court will deliver its ruling on Feb 13 next year on whether it can hear the case of Sabah Action Body Advocating Rights’ (Sabar) action in challenging the Territorial Sea Act (TSA) 2012 and whether Sabar has the right to bring the lawsuit.
Judge Alexander Siew How Wai set the date after hearing, Friday, further arguments by parties on Article 128(1)(b) of the Federal Constitution.
The Federal Government had raised two preliminary objections on whether the High Court here can hear the case and whether Sabar has the locus standi to maintain the lawsuit.
On Sept 2023, the originating summons was filed by Sabar Chairman Datuk Dr Johan Arriffin Samad disputing the validity of the TSA, which limits the State’s maritime boundary to only three nautical miles, and named the government of the Federation of Malaysia as the sole defendant.
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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;
A declaration that the Mining Ordinance 1960 is valid in Sabah after June 19, 2012;
A declaration that Section 3(3) of the Territorial Seas Act 2012, which limits the territorial waters of Sabah to three nautical miles, is inapplicable, unconstitutional, invalid and null and void in Sabah as of June 22, 2012;
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; cost and any further or other relief deems fit.
The plaintiff was represented by counsel Roland Cheng while Senior Federal Counsel Ahmad Hanir Hambaly represented the defendant.
