The Chief Judge of Sabah and Sarawak ( Malay: ''Hakim Besar Sabah dan Sarawak''; ), 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 Malaysia ( ; ) is a country in Southeast Asia. The federation, federal constitutional monarchy consists of States and federal territories of Malaysia, thirteen states and three federal territories, separated by the South China Sea into two r ...

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 The President of the Court of Appeal of Malaysia (Malay: ''Presiden Mahkamah Rayuan''), is the office and title of the deputy head of the Malaysian judiciary system. The title has been in use since 24 June 1994, when the Court of Appeal of Mala ...

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 The Federal Constitution of Malaysia ( ms, Perlembagaan Persekutuan Malaysia) which was promulgated on 16 September 1963, is the supreme law of Malaysia and contains a total of 183 articles. It is a written legal document which was preceded ...

, 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 ''Primus inter pares'' is a Latin phrase meaning first among equals. It is typically used as an honorary title for someone who is formally equal to other members of their group but is accorded unofficial respect, traditionally owing to their se ...

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 The Yang di-Pertuan Agong (, Jawi: ), also known as the Supreme Head of the Federation, the Paramount Ruler or simply as the Agong, and unofficially as the King of Malaysia, is the constitutional monarch and head of state of Malaysia. The o ...

(King of Malaysia), on the advice of the

Prime Minister of Malaysia The prime minister of Malaysia ( ms, Perdana Menteri Malaysia; ms, ڤردان منتري مليسيا, label= Jawi, script=arab, italic=unset) is the head of government of Malaysia. The prime minister directs the executive branch of the fed ...

. 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

Chief Justices of Sarawak (1930 to 1951)

Chief Justices of North Borneo (1934 to 1951)

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

Chief Justices of Borneo (1963 to 1994)

Chief Judges of Sabah and Sarawak (1994 to present)

References

{{Authority control Malaysian judges Judiciary of Malaysia