KOTA KINABALU: Former Sabah Law Society (SLS) president, Datuk Roger Chin, said that with the Federal Government having filed a later version of the Notice of Appeal, it is important that the public is aware of what has changed and what remains at stake.

Roger said that the 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.

Roger said that 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 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 per cent 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,” said Roger in a statement today.

Roger’s statement came in response to a media release from the Attorney General’s Chambers (AGC).

He added, 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,” he said.

Earlier, the AGC filed the Notice of Appeal at the Kota Kinabalu High Court on 13 November 2025 against parts of the High Court’s decision, particularly concerning alleged errors in the Grounds of Judgment by the Kota Kinabalu High Court judge.

For the record, on 17 October 2025, the High Court here allowed the Judicial Review application filed by the Sabah Law Society under Order 53 of the Rules of Court 2012.

The Court allowed the application and directed the Federal Government to undertake a further joint review with the State Government within 90 days under Article 112D of the Federal Constitution, in order to implement the Federal obligation to provide the 40 per cent Special Grant to the State of Sabah.

High Court Judge Datuk Celestina Stuel Galid also directed both governments to reach a mutual agreement within 180 days from the date of the order.

The SLS had named the Federal Government and the State Government as the first and second respondents in the judicial review.