SIBU: The use of English is too deeply entrenched in the Malaysian legal system to switch to the Malay version of the Federal Constitution as the authoritative text, says Senator Robert Lau Hui Yew.
The Bawang Assan SUPP chief said: "Landmark cases hinge on the interpretation of the words in the Constitution – and many a time on a single word.
"There are wide resources to draw on from Commonwealth countries, which all use English," he said in a statement on Friday (Jan 13).
Lau said that the reservoir of legal jurisprudence and case law in published law journals accumulated over more than a century in this country, and over several centuries in other commonwealth countries, were also in English.
"One of the foundations of a strong legal system is the certainty of the law.
"Laws have to be unambiguous in order for them to be implemented fairly and properly. "Uncertainty and ambiguity in the interpretation of written laws are bad for every stakeholder," he said.
He said the legal system is an important element of an efficient business ecosystem and it is crucial that the language of its legal system is the same as that used in the commercial world.
He also said that the use of language in our legal system should not become an issue of nationalism.
"Sarawak's official language is English. Such a move would encroach on and curtail the autonomy of Sarawakian rights. The Sarawak government has made it clear that English is an official language in Sarawak," he said.
The Malaysia Agreement 1963 and the Inter Government Committee (IGC) Report are also in English, he said.
"These two documents form the backbone of the Federal Constitution in 1963. The proper implementation of MA63 and the IGC Report also requires correct interpretation of the words in these documents," he added.
Major decisions that affect the whole Federation must not be made until and unless all the partners of the federation are consulted and consented to those decisions, he added.
