Court to rule on Atkinson Tower spat next month

Michael Kaung

KOTA KINABALU: The High Court here will deliver its ruling next month on a motion by two citizens for a judicial review to stop the proposed construction of a hotel-cum-shopping complex in the vicinity of the Atkinson Clock Tower.


Judge David Wong Dak Wah deferred his ruling to April 20 after hearing arguments from both parties yesterday.

Housewife Lim Swee Geck, 53, and Chang Chiew Kok @ Jefferi Johari, 32, a social activist, applied for leave for a judicial review on Jan 12 to restrain the government from constructing the 16-storey building in the vicinity of the historic tower.

Lim and Chang filed the application against Kota Kinabalu City Hall, Central Town and Country Planning Board (CTCPB) and Sabah Housing and Town Development Authority (SHTDA) through their counsel Marcel Jude.

They are seeking an order of mandamus to restrain SHTDA – whether by itself or by its agent or workmen or partners – from undertaking any works, including earthworks, civil engineering works, construction, building works or any works around or within the perimeter of the over 100-year-old tower.

Alternatively, Lim and Chang are seeking a mandatory injunction to restrain SHTDA or its agent or workmen or partners from carrying out any works around and within the perimeter of the tower.

They are also seeking an order of prohibition to restrain SHTDA (third respondent) for the same purpose, an order of mandamus or alternatively an order of prohibition against Kota Kinabalu City Hall (first respondent) and CTCPB (second respondent) to duly comply with the requirements of the law.

Among others, they allege that the construction contravenes the Antiquities and Treasure Trove Enactment 1977, the Cultural Heritage (Conservation) Enactment 1997,  the Local Government Ordinance and the Town and Country Planing Ordinance Regulation, 1950.

The two applicants are also seeking, among others, an order of mandamus directed at the first and second respondents to provide all minutes of their meetings with regard to development in the vicinity of the clock tower and an interim injunction to prevent the three respondents from acting in respect of the development in the said area pending the outcome of the court case.

Senior state counsel Fisal Izzadin acted for City Hall and CTCPB. Also present was senior federal counsel Steve Ritikos.