Chief Judge of Sabah and Sarawak

Chief Judge of Sabah and Sarawak
Hakim Besar Sabah dan Sarawak
沙巴和砂拉越首席法官
Incumbent
Abdul Rahman Sebli
since 17 January 2023
High Court of Sabah and Sarawak
Style Yang Amat Arif

The Right Honourable The Very Wise

His Lordship
Member of Federal Court of Malaysia
Seat Palace of Justice, Putrajaya
Nominator Prime Minister of Malaysia
Appointer Yang di-Pertuan Agong
on the recommendation and advice of the Prime Minister
Term length mandatory retirement age at 65 or 66 (at request for minimal extension), extension retirement age at 68 or 70
Constituting instrument Federal Constitution of Malaysia
Inaugural holder Thomas Jamieson Laycock Stirling Boyd
as Chief Justice of Sarawak (1930)
Charles Frederick Cunningham Macaskie
as Chief Justice of North Borneo (1934)
Sir Ivor Llewellyn Brace
as Chief Justice of Combined Judiciary of Sarawak, North Borneo and Brunei (1951)
Sir William Campbell Wylie
as Chief Justice of Borneo (1963)
Mohamad Jemuri Serjan
as Chief Judge of Sabah and Sarawak (1994)
Formation 24 June 1994
Salary RM30,000 monthly
Website www.kehakiman.gov.my

The chief judge of Sabah and Sarawak (Malay: Hakim Besar Sabah dan Sarawak; Chinese: 沙巴和砂拉越首席法官), formerly the chief justice of Borneo, is the office and title of the head of the High Court of Sabah and Sarawak. The title has been in use since 24 June 1994, when the High Court of Sabah and Sarawak was renamed from the High Court of Borneo.

The High Court of Sabah and Sarawak is the third highest court of Malaysia alongside the High Court in Malaya. As such, the chief judge of Sabah and Sarawak is the fourth highest position in Malaysian judicial system after the Chief Justice of Malaysia, President of the Court of Appeal of Malaysia and the Chief Judge of Malaya.

Constitutional basis

The office of Chief Judge of the High Court of Sabah and Sarawak is established under Article 122 of the Constitution of Malaysia, which establishes the then-Supreme Court (now Federal Court) as consisting of a Lord President (now Chief Justice), the chief judges of the High Courts of Malaya together with that of Sabah and Sarawak and at least four other judges and such additional judges as may be appointed pursuant to Clause (1A).

Role

The chief judge is first among equals among the judges of the High Court of Sabah and Sarawak, and the position differs little from that of the other judges. All judges, including the chief judge, are appointed by the Yang di-Pertuan Agong (King of Malaysia), on the advice of the Prime Minister of Malaysia. Under Article 125 of the Malaysian Constitution, they can be removed only by the Yang di-Pertuan Agong, on a recommendation from a tribunal consisting of at least five judges who are current or former Federal Court judges. Reasons for removal include the chief judge:

  • not following the Judges’ Code of Ethics; or
  • being physically or mentally unable to carry out his or her duties.

The prime minister will then provide the Yang di-Pertuan Agong the reason(s) why the chief judge should be removed. The Yang di-Pertuan Agong will then proceed to set up the tribunal to make a decision.

List of chief justices and chief judges

Sarawak (1930 to 1951)

Name Born Alma mater Tenure started Tenure ended Duration
The Right Honourable
Thomas Jamieson Laycock Stirling Boyd
23 October 1886
(died 1 January 1973 (aged 86))
Trinity College, Oxford 1930 1939 8–9 years
The Right Honourable
H. Thackwell-Lewis
?
(died ?)
? 1939 1945 5–6 years
Japanese occupation of Sarawak (December 1941–September 1945)
The Right Honourable
Robert Yorke Hedges
6 August 1903
(died 29 May 1963 (aged 59))
Victoria University of Manchester 1946 1951 4–5 years
Harvard University
Gray's Inn

North Borneo (1934 to 1951)

Name Born Alma mater Tenure started Tenure ended Duration
The Right Honourable
Charles Frederick Cunningham Macaskie
26 March 1888
(died 26 November 1969 (aged 81))
Gray's Inn 1934 1945 10–11 years
Japanese occupation of North Borneo (December 1941–September 1945)
The Right Honourable Sir
Ivor Llewellyn Brace
September 1898
(died 24 October 1952 (aged 54))
University College of South Wales and Monmouthshire 1945 1951 5–6 years
London University

Unified Judiciary of Sarawak, North Borneo and Brunei (1951 to 1963)

Name Born Alma mater Tenure started Tenure ended Duration
The Right Honourable Sir
Ivor Llewellyn Brace
September 1898
(died 24 October 1952 (aged 54))
University College of South Wales and Monmouthshire 1 December 1951 24 October 1952 329 days
London University
The Right Honourable Sir
Ernest Hillas Williams
16 August 1899
(died 5 February 1965 (aged 65))
Trinity College Dublin 1957 1957 0 years
The Right Honourable Sir
John Ainley
10 May 1906
(died 19 January 1992 (aged 85))
Corpus Christi College, Oxford 5 December 1959 1 January 1963 3 years and 28 days
The Right Honourable Sir
William Campbell Wylie
14 May 1905
(died 17 August 1992 (aged 87))
Victoria University of Wellington 2 January 1963 15 September 1963 1 year and 347 days

Borneo (1963 to 1994)

Name Portrait Born Alma mater Tenure started Tenure ended Duration
The Right Honourable Sir
William Campbell Wylie
14 May 1905
(died 17 August 1992 (aged 87))
Victoria University of Wellington 16 September 1963 27 August 1965 1 year and 346 days
The Right Honourable Sir Tan Sri
Philip Ernest Housden Pike
6 March 1914
(died ?)
Middle Temple 11 September 1965 27 August 1968 2 years and 352 days
Yang Amat Arif Tan Sri Dato'
Ismail Khan Ibrahim Khan
18 June 1905
(died 18 April 2000 (aged 94))
University College, London 2 September 1968 31 December 1973 5 years and 121 days
Middle Temple
Yang Amat Arif Tan Sri Datuk Amar
Hun Hoe Lee
27 September 1925
(died 8 July 2005 (aged 79))
University of Southampton 1 January 1974 31 December 1990 17 years and 0 days
Lincoln's Inn
Yang Amat Arif Tan Sri Datuk Amar
Mohamad Jemuri Serjan
10 September 1929
(age 94)
- 11 March 1991 23 June 1994 3 years and 105 days

Sabah and Sarawak (1994 to present)

Name Portrait Born Alma mater Tenure started Tenure ended Duration Prior senior judicial roles
Yang Amat Arif Tan Sri Datuk Amar
Mohamad Jemuri Serjan
10 September 1929
(age 94)
- 24 June 1994 9 September 1994 78 days Judge of the Supreme Court of Malaysia
(1989–1994)
Yang Amat Arif Tan Sri Datuk Amar
Siew Fai Chong
4 January 1935
(died 23 January 2006 (aged 71))
Lincoln's Inn 16 June 1995 3 July 2000 5 years and 18 days Judge of the High Court of Malaysia
(1980–1994)
Judge of the Federal Court of Malaysia
(1994–2000)
Yang Amat Arif Tan Sri Datuk Amar
Steve Lip Kiong Shim
20 January 1940
(age 83)
Inner Temple 2 July 2000 19 July 2006 6 years and 24 days Judge of the High Court of Malaysia
(1992–2000)
Vrije Universiteit Brussel Judge of the Federal Court of Malaysia
(2000–2006)
Yang Amat Arif Tan Sri Datuk Seri Panglima
Richard Malanjum
13 October 1952
(age 71)
MARA University of Technology 26 July 2006 11 July 2018 11 years and 351 days Judge of the High Court of Malaysia
(2004–2006)
University of London Judge of the Court of Appeal of Malaysia
(2002–2005)
Gray's Inn Judge of the Federal Court of Malaysia
(2005–2018)
Yang Amat Arif Tan Sri Datuk Seri Panglima
David Dak Wah Wong
20 August 1953
(age 70)
University of New South Wales 11 July 2018 19 February 2020 1 year and 224 days Judge of the High Court of Malaysia
(2007–2013)
Judge of the Court of Appeal of Malaysia
(2013–2018)
Judge of the Federal Court of Malaysia
(2018–2020)
Yang Amat Arif Dato'
Abang Iskandar Abang Hashim

Tan_Sri_Abang_Iskandar_Abang_Hashim

3 July 1959
(age 64)
University of Malaya 25 February 2020 17 January 2023 2 years and 327 days Judge of the High Court of Malaysia
(2009–2013)
Judge of the Court of Appeal of Malaysia
(2013–2018)
Judge of the Federal Court of Malaysia
(2018–2020)
Yang Amat Arif Dato'
Abdul Rahman Sebli
25 January 1959
(age 64)
University of Malaya 17 January 2023 Incumbent 359 days Judge of the High Court of Malaysia
(2010–2014)
Judge of the Court of Appeal of Malaysia
(2014–2019)
Judge of the Federal Court of Malaysia
(2019–2023)

See also