KUCHING, June 27 — Sarawak and Sabah should seek a judicial review against the controversial tourism tax as a last resort if Putrajaya insists on including tourism under federal jurisdiction, Sarawak PKR vice-chairman See Chee How suggested today.

See said the two state governments should make it clear with Putrajaya in their proposed joint tourism tax memorandum, that the Federal Constitution Amendment Act 1994 be revoked and "tourism" be taken out from the federal legislative list.

"In the proposed joint meeting involving the Sarawak and Sabah governments, I certainly hope that the ministers, officers and key persons involved in the tourism industry who may be invited to the meeting will raise the matter of seeking judicial intervention for discussion.

"The imposition and implementation of tourism tax reeks of unconstitutionality, irrationality, illegality and injustice, and it ought to be brought to court for judicial review," the Batu Lintang state assemblyman said.

See, a practising lawyer, said the two state governments can also choose to ask Prime Minister Datuk Seri Najib Razak, who is the Finance Mnister, to exempt or defer the implementation of the tourism tax as an immediate and short term measure.

"But it is foreseeable that the controversial tax will be implemented fully and immediately after the impending general election," See said.

Meanwhile, lawyer Paul Raja has said that tourism has become a complex issue after the federal government amended the Federal Constitution in 1994 to include "tourism" in the Federal List when it was not on either list previously.

"But, in any event, there is a legal convention when it comes to implementing of federal laws in Sarawak that the state assembly must pass it for it to be effective in the state," he claimed.

Raja said the state Barisan Nasional government find something to get "tourism" back to the state.

"They cannot just run away from something they have supported and did," he said, referring to amendment to the Federal Constitution which enacted Section 25A to include "tourism" in the Federal List of the Ninth Schedule.

Malay Mail Online previously reported lawyers as saying that Sarawak must apply for exemption from the Finance Ministry if the state refuses to collect the tourism tax.

The federal tourism tax rates scheduled to take effect July 1 are between RM2.50 per room each night for unrated accommodation and RM20 per room each night for five-star hotels.