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MALAYSIAN LAW SYSTEM (LU1), Commissioner for Oaths - Coggle Diagram

- - - - base for forming law vs informal way of following principals.
    - - perform specific function and duties vs enforced by a local gov agency to protect public safety and health.
    - - Parliament vs Gov Gazette.
- - - - Public International Law
      - Private International Law
    - - Contract
      - Tort
      - Family Law
      - Trusts
      - Loss of Property
    - - Constitutional Law
      - Administrative Law
      - Criminal Law
  - - - JUDICIAL DECISIONS
      - ENGLISH LAW (unless local laws exists)
        
        COMMON LAW
        
        EQUITY
      - CUSTOMS
    - - FEDERAL CONSTITUTION
      - STATE CONSTITUTION
      - LEGISLATION
      - SUBSIDIARY LEGISLATIONS
    - - Sabah: apply the common law of England and the rules of equity, together with statutes of general application as administered or in force in England on 1st December 1951.
      - Sarawak: apply the common law of England and the rules of equity, together with statutes of general application, as administered or in force in England on 12th December 1949.
      - Peninsular Malaysia: The court shall apply the common law of England and the rules of equity as administered in England on the 7th April 1956.
      - PROVIDED THAT APPLICATION SHALL BE ONLY SO FAR AS THE CIRCUMSTANCES OF THE STATES OF MALAYSIA AND THEIR RESPECTIVE INHABITANTS PERMIT AND SUBJECT TO SUCH QUALIFICATIONS AS LOCAL CIRCUMSTANCES RENDER NECESSARY.
      - NOT ALL OF ENGLAND'S COMMON LAW AND EQUITY FORM PART OF MALAYSIAN LAW.
    - - Choa Choon Neoh v Spottiswode 1869 1 Ky.216.
        
        English Superstitious Uses Act 1547 and Mormains Acts of 1531 amd 1735 were NOT applicable in the Straits Settlements.
      - Kon Thean Soong v Tan Eng Nam [1982] 1 MLJ 323
        
        the English Partnership Law was not applicable in Malaysia since we already have the Contracts (Malay States) Ordinance to regulate the matter.
      - Shaik Sahied b Abdullah Bajerai v Sockalingam Chettiar [1933] MLJ 81
        
        conclusion: English Commercial Law is still required to suit the local circumstances.
    - - customs of local inhabitants
      - adat applies to Malays
      - Prior to enforcement of Law Reform (Marriage and Divorce); Hindu and Chinese customary laws were recognised.
      - Peninsular Malaysia: Adat Perpatih and Adat Temenggung.
      - personal laws applicable to natives in Sabah and Sarawak (the Native Court) peculiar only to Sabah and Sarawak.
      - Syariah Court for Malay customary law.
      - non-native customary law (Chinese Customary Law-Sarawak only) at Ordinary Court.
      - Islamic Law; applicable to all persons who are Muslim and of particular importance relating to family matters and inheritance. (Syariah Court). Limited criminal jurisdiction over offences by Muslims against the religion.
- - - - Federal Court (bound by its own decision and binding to others below in the hierarchy.)
      - Court of Appeal (bound by the decisions of the Federal Court. binding on the court itself and all the inferior courts).
      - High Court; several decision; each one is bounded by its own decisions but not other decisions of the High Court; its decisions are binding on inferior courts.
  - - - 1st Jan 1985, The FEDERAL COURT was renamed to the Supreme Court by the Constitution Amendment Act 1983 with the repeal of Article 131m appeals from the FC ceased to be referred to the Privy Council. (two-tier appeal process for decisions of HC was reduced to just one.)
      - 9 years later: SC renamed to FC again when ammendments were made to the Federal Constitution on 24th June 1994 by the Constitution (Amendment) Act 194. [Lord President to Chief Jsutice].
      - after Singapore's secession from Malaysia on 9th August 1965, only the HC of Malays and HC of Borneo remain.
      - SUPREME COURT; Federation of Malaya 1948, replaced by FEDERAL COURT, and three HIGH COURTS of coordinate jurisdiction, namely the HC of Malaya, The HC of Singapore and The HC of Borneo.
    - - ORIGINAL JURISDICTION
        
        validity of any law made by Parliament or the Legislation of any states,
        
        disputes on any other issue between the States or between the Federation and any States.
      - APPELLATE JURISDICTION
        
        to hear appeals from the Court of Appeal and the HC.
      - REVISIONARY JURISDICTION
        
        determine any question arise before another the court as to the effect of any provision under the Fc.
      - ADVISORY JURISDICTION
        
        the Yang di-Pertuan Agong may refer to FC for its opinion or advise as the effects of any provision of Constitution which has arisen or appears to him likely arise, and the FC shall pronounce its opinion in open court of any questions so referred to it.
  - - - Article 121 (1B) of the FC, the jurisdiction of the COA is to determine appeal from the decision of the HC in relation to the civil or criminal cases and any other jurisdiction given by or under the Federal Law.
  - - - Initally, the HC in Malaya consisted of Chief Jsutice (now Chief Judge) and not less than 4 and not more than 12 other judges. the HC in S&S consisted of the Chief Justice (now Chief Judge) and not less than 4 and not more than 8 other judges.
      - Article 122a of the FC, the present maximum number of judges is 60 for the HC in Malaya and 13 for the HC in S&S. Additionally, the Judicial Commissioners have been appointed, over the years, both HC to facilitate the disposal of case.
      - The high court in Malaya and the HC in S&S are each presided over by the Chief Justice of the respective Court, their respective designation was changed to "Chief Judge: by the amendments made to the FC by Constitution (Amendments) Act 1994.
    - - ORIGINAL CIVIL JURISDICTION (hear and determine civil all civil matters which are beyond the jurisdiction of the Session & Magistrates' Court (amount involved exceeding RM 1 million) and the pertaining to the divorce and matrimonial matters; admiralty, bankruptcy and companies' civil disputes; the appointment and guardianship of infant and the property; the appointment and guardianship of the disable person and the property and letter of administration and probate issues.
      - APPELLATE JURISDICTION (hear criminal and civil appeal from Session and Magistrates' Courts)
      - ORIGINAL CRIMIAL JURISDICTION (hears criminal matters involving death penalty).
  - - - Where subordinate courts are concerned, section 88 of the Malaysia Act 1963 continued the subordinate courts of the Federation of Malaya and of Sabah and Sarawak until otherwise provided by federal law.
      - the Subordinate Courts Act (Extension) Order 1980 made under section 74 of the Malaysia Act 1963, extended the Subordinate Courts Act 1948 to S&S with effect from 1st June 1981.
      - Under the Federation of Malaya Agreement 1948, constituted by laws made under the Agreement. Such laws could also provide for appeals from such courts to the Supreme Court.
      - with the extension, the court of a Magistrate First Class and the District Court became the Session Courts while the Courts of a Magistrate of a Magistrate of the Second Class and of a Magistrate of the Third Class, as well as the Police Court, the Court of Small Causes and the Petty Courts were all renamed as the Magistrates' Courts.
      - Besides that, Magistrates and Magistrates of the First Class became Presidents of the Session Court, while Second Class and Third Class Magistrates became Second Class Magistrates.
      - on May 22nd 1987, the title of "President of the Session Court" was replaced with the title of "Sessions Court Judge" by amendments made by the Subordinates Courts (Amendment) Act 1987.