JUDGMENT

Hasan Lah FCJ:

Introduction

[1] These are two related appeals before us which were jointly heard as they arose from the same judgment of the Court of Appeal and involved same issue of law. The appeals are against the decision of the Court of Appeal dated 24 September 2012 which allowed the respondent's appeal with costs by reversing the decision of the High Court given on 26 October 2010. Leave to appeal was granted by this Court on 24 March 2014 on the following question of law:

"Whether s 8(1) of the Advocates Ordinance 1953 (Sabah Cap 2) read together with s 2(1)(a) and (b) thereof confer exclusivity of right to practise by representing and appearing for any party in arbitration proceedings in the State of Sabah to Sabah Advocates notwithstanding that Barristers and Solicitors in England do not have the exclusive right of representation in arbitration proceedings?"

[2] The learned High Court Judge held that foreign lawyers who are not advocates within the meaning of the Advocates Ordinance 1953 ("Ordinance") are prohibited by the Ordinance from representing parties to arbitration proceedings in Sabah. The Court of Appeal, on the other hand, held that the Sabah advocates have