Sarawak legal counsel JC Fong says it is not for the courts to rewrite the Constitution.
“It is not for the judges who are not legislators to make the law or rewrite the constitutional provision,” he said. “Any restrictions or conditions for imposition of the state sales tax must be only those spelt out by Article 95B, which must also be given a purposive interpretation in recognition that this article was incorporated in the Federal Constitution as one of the special constitutional arrangements agreed upon before the formation of Malaysia,” he said.
Therefore, he said, Petronas could not dispute the validity of the notices of assessment issued by the comptroller to the national oil company at the request of its group chief financial officer. Malik had submitted yesterday the state’s power to impose sales tax over Petronas’ petroleum products was “narrow” and “confined by certain restrictions in the constitution”.
However, Fong argued that although Petroleum was in the federal list, the law was about the state sales tax.
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