Barakbah LP:

This is a petition praying for:-

(a) an order declaring that the measure known as the Emergency (Federal Constitution and Constitution of Sarawak) Act, 1966, is ultra vires the Federal Parliament, invalid, null and void and of no legal force and effect; alternatively,

(b)an order declaring that cls 4 and 5 of the measure known as the Emergency (Federal Constitution and Constitution of Sarawak) Act, 1966, are ultra vires the Federal Parliament, invalid, null and void and of no legal force and effect.

The events which led up to this case may be summarised as follows.

On 22nd July, 1963, the petitioner was appointed Chief Minister of Sarawak. On 17 June 1966 His Excellency the Governor of Sarawak issued a declaration that the petitioner had ceased to be the Chief Minister of Sarawak and purported to appoint another Chief Minister, Penghulu Tawi Sli, in his place. The petitioner instituted proceedings in the High Court in Borneo in order to challenge the validity of that declaration by His Excellency the Governor. On 7 September 1966, the Acting Chief Justice of Borneo, Mr Justice Harley, gave judgment for the petitioner in these proceedings.* He held, and I quote