On the Notice of Appeal and the PM/AGC Statement of 11 November 2025 Addendum: More Recent Development - Later Notice of Appeal Filed

15 November 2025

KOTA KINABALU: This addendum records a further development following my earlier statement. The Federal Government has now filed a later version of the Notice of Appeal. This later notice contains two additions that materially alter the nature of the appeal.

The first is the insertion of new wording in Ground 1 referring to the High Court’s direction on the “manner and/or process” of conducting the Article 112D review. This language did not appear in the earlier notice. Its effect is clear: the appeal is now directed at the 90-day timetable imposed for a lawful review and the broader 180-day framework that follows. These timelines were the safeguards against further delay. The later notice now seeks to challenge them.

The second addition is a new disclaimer stating that the Government is not appealing the 40% formula or the need for a review. While this may appear reassuring, it does not change the substance of the appeal. The Government continues to challenge the findings of constitutional breach, the declaration that no lawful review occurred after 1973, the invalidity of the 2022, 2023 and 2025 Gazette Orders, the orders for constitutional damages, and the requirement to account for sums owed. The formula may remain intact in form, but the reasoning that gives it practical effect is still under appeal.

Taken together, these additions leave the formula untouched in theory while seeking to remove or weaken the directions that make it enforceable. The appeal continues to target the operative findings that explain the Lost Years and that require lawful, time-bound compliance.

This is a significant development. The later notice broadens the appeal beyond what was initially understood, and it is important that the public is aware of what has changed and what remains at stake.

Roger Chin

Former President

Sabah Law Society