Arrangement of Sections -
25,
50,
75,
100
PART I
PRELIMINARY AND GENERAL
PRELIMINARY
Section
1. Citation.
2. (Omitted).
3. Interpretation.
4. Provision to prevent conflict of laws.
5. (Repealed).
GENERAL
6. Seals of Courts.
7. Process of Courts.
8. Precedence of Judges.
9. Exercise of powers during incapacity
or absence.
10. Registrars.
11. Commissioners for Oaths.
12. Sheriffs.
13. Contempt.
14. Protection of Judges and other judicial
officers.
15. Courts to be open and public.
16. Rules of court.
17. Making of rules of court.
17A. Council of Judges.
PART II
THE HIGH COURT
GENERAL
18. Proceedings in High Court to be disposed
of by single Judge.
19. Sittings of the High Court.
20. Distribution of business.
21. Vacations.
ORIGINAL JURISDICTION
22. Criminal jurisdiction.
23. Civil jurisdiction - general.
24. Civil jurisdiction - specific.
24A. Reference under order of Court.
25. Powers of the High Court.
25A. Orders for interim
payment.
APPELLATE JURISDICTION
26. Appellate criminal jurisdiction.
27. Appellate civil jurisdiction.
28. Civil appeals from subordinate courts.
29. Civil appeals to be by way of re-hearing.
30. Reference of constitutional question
by subordinate court.
REVISION
31. Revision of criminal proceedings of
subordinate courts.
32. Power of High Court to call for records
of civil proceedings in subordinate courts.
33. Powers of High Court on revision of
civil proceedings.
34. No revision at instance of party who
could have appealed.
35. General supervisory and revisionary
jurisdiction of High Court.
36. Discretion of Court as to hearing
parties.
37. Special provision as to States of
Malaya.
PART III
THE COURT OF APPEAL
GENERAL
38. Composition of the Court of Appeal.
39. Sittings of the Court.
40. Vacations.
41. Proceedings how decided.
42. Continuation of proceedings notwithstanding
absence of Judge.
43. Applications.
44. Incidental directions and interim
orders.
ORIGINAL JURISDICTION
45. (Repealed).
46. (Repealed).
47. (Repealed).
48. (Repealed).
49. (Repealed).
APPELLATE JURISDICTION - CRIMINAL APPEALS
50. Jurisdiction to hear and determine criminal appeals.
51. Notice of appeal.
52. Record of proceedings.
53. Petition of appeal.
54. Procedure where appellant in prison.
55. Transmission of papers to Court of
Appeal.
56. Appeals out of time and formal defects.
56A. On appeal against
acquittal, accused
may be arrested.
57. Appeal not to operate as stay of execution.
58. Summary rejection of appeal.
59. Notice and time of hearing.
60. Powers of Court of Appeal.
61. Additional evidence.
62. Judgment.
63. Certification of judgment.
64. (Repealed).
65. [Deleted by Act A909].
66. [Deleted by Act A909].
APPELLATE JURISDICTION - CIVIL APPEALS
67. Jurisdiction to hear and determine
civil appeals.
68. Non-appealable matters.
69. Hearing of appeals.
70. Costs of appeal.
71. New trial.
72. Immaterial errors.
73. Appeal not to operate as stay of execution.
PART IV
THE FEDERAL COURT
GENERAL
74. Composition of the Federal Court.
75. Sittings of the Court.
top
76. Vacations.
77. Proceedings how decided.
78. Continuation of proceedings
notwithstanding
absence of Judge.
79. Applications.
80. Incidental directions and interim
orders.
ORIGINAL JURISDICTION
81. Jurisdiction and powers.
82. Judgment to be declaratory.
83. Costs.
84. Reference of constitutional
question by High Court.
85. Proceedings in Federal Court.
APPELLATE JURISDICTION - CRIMINAL APPEALS
86. Jurisdiction and powers.
87. Jurisdiction to hear and
determine
criminal appeals.
88. On appeal against acquittal, accused
may be arrested.
89. Appeal not to operate as stay of execution.
90. Summary rejection of appeal.
91. Notice and time of hearing.
92. Powers of Federal Court.
93. Additional evidence.
94. Judgment.
95. Certification of judgment.
APPELLATE JURISDICTION - CIVIL APPEALS
96. Conditions of appeal.
97. Leave to appeal.
98. Procedure to enforce order
of the Federal Court.
99. Costs.
100. New trial.
101. Immaterial errors.
102. Appeal not to operate as stay of
execution.
SCHEDULE.
List of amendments.
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COURTS OF JUDICATURE ACT 1964*
(Act 91)
An Act relating to the Superior Courts of Judicature.
[Section 5-l6th September 1963
Remainder-16th March, 1964.]
PART I
PRELIMINARY AND GENERAL
Preliminary
1. Citation.
This Act may be cited as the Courts Judicature Act,
1964.
2. (Omitted).
3. Interpretation.
In this Act unless the context otherwise requires--
"action" means a civil proceeding commenced by writ or
in such other manner as is prescribed by rules of court, but does not include
a criminal proceeding;
"cause" includes any action, suit or other original proceeding
between a plaintiff and defendant, Act any criminal proceeding;
"Chief Judge" means the Chief Judge of the High Court
in Malaya or of the High Court in Sabah and Sarawak as the case may require;
"Constitution" means the Constitution of Malaysia;
"Court" means the Federal Court, the Court of Appeal or
the High Court, as the case may require;
"decision" means judg ment, sentence or order, but does
not include any ruling made in the course of a trial or hearing of any
cause or matter which does not finally dispose of t he rights of the parties;
*Enacted in 1964 as Act No. 7 of 1964. Revised in
1972 and published as Laws of Malaysia Act 91.
"High Court" means the High Court in Malaya and the High
Court in Sabah and Sarawak or either of them as the case may require;
"Judge" means a Judge of the Federal Court, of the Court
of Appeal or of the High Court, and includes the Chief Justice, the President
and a Chief Judge;
"local jurisdiction" means--
(a) in the case of the High
Court in Malaya, the territory comprised in the States of Malaya, namely,
Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak,
Perlis Selangor, Terengganu and the Federal Territory of Kuala Lumpur;
and
(b) in the case of the High Court in
Sabah and Sarawak, the territory comprised in the States of Sabah, Sarawak
and the Federal Territory of Labuan,
including, in either case, the territorial waters and the
air space above those States and the territorial waters;
"Malaysia Day" means the 16th September, 1963;
"matter" includes every proceeding in court not in a cause;
"permanent resident" means a person who has permission
granted without limit of tithe under any federal law to reside in Malaysia,
and includes a person treated as such under any written law relating to
immigration;
"President" means the President of the Court of Appeal;
"proceeding" means any proceeding whatsoever of a civil
or criminal nature and includes an application at any stage of a proceeding;
"Registrar" means the Chief Registrar and any Registrar,
Deputy Registrar, Senior Assistant Registrar or Assistant Registrar appointed
under section 10;
"subordinate court" means any inferior court from the decisions
of which by reason of any written law there is a right of appeal to the
High Court and means in relation to the High Court any such Court as by
any written law has jurisdiction within the local jurisdiction of the High
Court.
[Am. Act A1031]
4. Provision to prevent conflict of laws.
In the event of inconsistency or conflict between this
Act and any other written law other than the Constitution in force at the
commencement of this Act the provisions of this Act shall prevail.
5. (Repealed by Act A606).
General
6. Seals of Courts;
(1) The Federal Court shall have and use
as occasion may require a seal or stamp of such nature and pattern as the
Chief Justice may, by notification in the Gazette, prescribe.
(1A) The Court of Appeal shall have and use as occasion
may require a seal or stamp of such nature and pattern as the President
may, by notification in the Gazette, prescribe.
(2) The High Court shall have and use as occasion
may require a seal or stamp of such nature and pattern as the Chief Judge
may, by notification in the Gazette, prescribe.
7. Process of Courts.
(1) All writs, summonses warrants, orders,
rules, notices and mandatory processes whatsoever, whether civil or criminal,
shall be issued and shall be expressed to be issued by the Chief Justice,
President or Chief Judge, as the case may be, in the name of the Yang di-Pertuan
Agong and shall be signed by the Registrar and sealed or stamped with the
seal or stamp of the Court issuing or making the same.
(2) All writs, summonses, warrants, orders, rules, notices
and other processes whatsoever, whether civil or criminal, issued or matter
by or by the authority of the Court respecting any cause or matter within
its jurisdiction shall have full force and effect and may be served or
executed anywhere within Malaysia.
8. Precedence Judges
The Judges shall take precedence in the following order:
(a) the Chief Justice;
(b) the President;
(ba) the Chief Judge of the High Court
In Malaya,
(bb) the Chief Judge or the High Court
in Sabah and Sarawak;".
(c) the Judges of the Federal Court
according to the priority of their respective appointments as Judges of
the Federal Court and where they are appointed on the same date, in such
order as may be assigned to them by the Yang di-Pertuan Agong;
(ca) the Judges of the Court of Appeal
according to the priority of their respective appointments as Judges of
the Court of Appeal, and where they are appointed on the same date, in
such order as may be assigned to them by the Yang di-Pertuan Agong; and
(d) the other Judges according to the
priority their respective appointments as Judges and where they are appointed
on the same date, in such order as may be assigned to them by the Yang
di-Pertuan Agong.
[Am. Act A940]
9. Exercise of powers during incapacity
or absence
"(1) Whenever during any period, owing to illness or absence
from Malaysia or any other cause, the Chief Justice is unable to exercise
the powers or perform the duties of his office (including his functions
under the Constitution), or in the event of a vacancy in the office, the
powers shall be had and may be exercised and the duties shall be performed--
(a) by the President; or
(b) where the President is absent from
Malaysia or unable to act, or in the event of a vacancy in the office,
by the Chief Judge of the High Court in Malaya; or
(c) where the President and the Chief
Judge of the High Court in Malaya are absent from Malaysia or unable to
act, or in the event of a vacancy in the offices, by the Chief Judge of
the High Court in Sabah and Sarawak, or
(d) where the President, the Chief Judge
of the High Court in Malaya and the High Court in Sabah and Sarawak are
absent from Malaysia or unable to act, or in the event of a vacancy in
the offices, by the Judge of the Federal Court nominated for that purpose
by the Yang di-Pertuan Agong.";
(1A) Whenever during any period, owing to illness or absence
from Malaysia or any other cause, the President is unable to exercise the
powers or perform the duties of his office, the powers shall be had and
may be exercised and the duties shall be performed by a Judge of the Federal
Court designated for that purpose by the Chief Justice after consulting
the President.
(1B) Whenever during any period, owing to illness or absence
from Malaysia or any other cause, the Chief Judge of the High Court in
Malaya is unable to exercise the powers or perform the duties of his office,
the powers shall be had and may be exercised and the duties shall be performed
by a Judge of the Federal Court designated for that purpose by the Chief
Justice after consulting the Chief Judge of that High Court.
(2) Whenever during any period, owing to illness or absence
from Malaysia or any other cause, the Chief Judge of the High Court in
Sabah and Sarawak is unable to exercise the powers or perform the duties
of his office, the powers shall be had and may be exercised and the duties
shall be performed by a Judge of the Federal Court or of that High Court
designated for that purpose by the Chief Justice after consulting the Chief
Judge of that High Court .
(3) Whenever the office of the President or any such Chief
Judge is vacant, the powers of the President or any such Chief Judge as
the case may be, shall be had and may be exercised and his duties shall
be performed by-
(a) a Judge of the Federal
Court, or
(b) in respect of a vacancy in the office
of the Chief Judge of the High Court in Sabah and Sarawak, a Judge of the
Federal Court or a Judge of that High Court,
designated for that purpose by the Chief Justice."
[Am. Act A940]
10. Registrars.
(1) Subject to subsection (4), the Chief Registrar,
Deputy Registrars, Senior Assistant Registrars and Assistant Registrars
of the Federal Court and the Registrars, Deputy Registrars, Senior Assistant
Registrars and Assistant Registrars of the Court of Appeal and of the High
Courts shall be appointed by the Yang di-Pertuan Agong on the recommendation
of the Chief Justice.
(2) Subject to any directions that the Chief Justice may
issue, the Registrars, Deputy Registrars, Senior Assistant Registrars and
Assistant Registrars of the High Court may exercise the powers and perform
the duties of the Chief Registrar or Registrar, Deputy Registrars, Senior
Assistant Registrars and Assistant Registrars respectively of the Federal
Court or the Court of Appeal.
(3) The Chief Registrar, Registrars, Deputy Registrars,
Senior Assistant Registrars and Assistant Registrars appointed under this
Act shall subject to this Act or any other written law have the same jurisdiction,
powers and duties as the Masters of the Supreme Court, Clerks of Criminal
Courts, Registrars and like officers n the Supreme Court of Judicature
in England and, in addition, such further jurisdiction, powers and duties
as may be prescribed by rules of court.
(4) The Magistrates the local limits of whose jurisdiction
extend to the towns in which registries of the High Court are situate shall
be ex officio Senior Assistant Registrars of the High Court for all purposes.
[Am. Act A1031]
11. Commissioners for Oaths.
(1) Any Registrar and any person appointed
by the Chief Justice to be a Commissioner for Oaths (subject to any limitations
expressed in his appointment) may do all or any of the following things:
(a) receive acknowledgments of married women
in all cases where acknowledgments are required by law to be taken before
a public officer;
(b) receive acknowledgments of recognizances
of bail and bail-bonds;
(c) administer oaths for--
(i) the justification for bail;
(ii) taking any affidavit or affirmation;
(iii) receiving and taking the answer, plea, demurrer,
disclaimer, allegation or examination of any party or parties to any action;
(iv) the examination of any witnesses upon any interrogatories
or de bene esse or in chief or on any other occasions;
(v) swearing executors and administrators; and
(vi) swearing persons in any action, matter or proceeding,
which is pending or about to be instituted in any court in any of its jurisdictions;
and
(d) take and receive statutory declarations,
(2) The Chief Justice may make rules for the appointment,
conduct, fees to be charged by and for all things appertaining to Commissioners
for Oaths and persons appointed by him under subsection (1).
12. Sheriffs.
(1) The Registrar of the High Court
shall be Sheriff and there shall be such bailiffs, process servers and
other subordinate officers as are appointed.
(2) The Sheriff or his officers shall
execute all writs summonses warrants, orders, rules, notices, commands
and other processes of any court which are given to him by the Court for
that purpose, and shall make a return of the same together with the manner
of the execution thereof to the court from which the process issued, and
shall receive all such persons as are committed to his custody by the Court.
(3) The Sheriff or his officers in executing
any writ of seizure and sale or any other writ of execution or of distress
may effect an entry into any building, and for that purpose if necessary
may break open any outer or inner door or window of b building or any receptacle
therein, using such face as is reasonably necessary to effect an entry.
13. Contempt.
The Federal Court, the Court of Appeal and the High Court
shall have power to punish any contempt of itself.
14. Protection of Judges and other
judicial officers.
(1) No Judge or other person acting
judicially shall be liable to be sued in any civil court for any act done
or ordered to be done by him in the discharge of his judicial duty, Whether
or net within the limits of his jurisdiction, nor shall any order for costs
be made against him, provided that he at the time in good faith believed
himself to have jurisdiction to do or order the act complained of.
(2) No officer of any court or other
person bound to execute the lawful warrants or orders of any Judge or other
person acting judicially, shall be liable to be sued in any civil court
for the execution of any warrant or order which he would be bound to execute
if within the jurisdiction of the person issuing the same.
(3) No sheriff, bailiff or other officer
of the Court charged with the duty of executing any judgment, order or
warrant of distress, or of attacking any property before judgment, shall
be liable to be sued in any civil court in respect of any property seized
by him, or in respect of damage caused to any property in effecting or
attempting to effect the seizure, unless it shall appear that he knowingly
acted in excess of the authority conferred upon him by the writ, warrant
or order in question, and he shall not be deemed to have acted knowingly
in excess of his authority merely by reason of knowing of the existence
of a dispute as to the ownership of the property so seized.
15. Courts to be open and public.
(1) The place in which any Court is
held for the purpose of trying any case or matter, civil or criminal, shall
be deemed an open and public court to which the public generally may have
access:
Provided that the Court shall have power to hear
any cause or matter or any part thereof in camera if the Court is satisfied
that it is expedient in the interests of justice, public safety, public
security or propriety, or for other sufficient mason so to do.
(2) A Court may at any time order that
no person shall publish the name, address or photograph of any witness
in any case or matter or any part thereof tried or held or to be tried
or held before it, or any evidence or any other thing likely to lead to
the identification of any such witness; and any person who acts in contravention
of any such order shall be guilty of an offence and shall, on conviction,
be liable to fine not exceeding five thousand ringgit or to imprisonment
for a term not exceeding three years or to both.
16. Rules of court.
Rules of court may be made for the following purposes:
(a) for regulating and prescribing
the procedure (including the method of pleading) and the practice to be
followed in the High Court, the Court of Appeal and the Federal Court in
all cases and matters whatsoever in or with respect to which those Courts
have for the time being jurisdiction (including the procedure and practice
to be followed in the registries of those Courts), and any matters incidental
to or relating to any such procedure or practice, including (but without
prejudice to the generality of the foregoing provision) the manner in which,
and the time within which any applications which are to be made to High
Court, to the Court of Appeal or to the Federal Court shall be made;
(b) for regulating and prescribing the
procedure on civil or criminal appeals from any court or person to a High
Court, the Court of Appeal or the Federal Court;
(c) (Repealed by Act A606);
(d) for regulating the enforcement and
execution by High Court of the decrees, judgments and orders of the Federal
Court, of the Court of Appeal or of the other High Court;
(e) for prescribing what part of the
business which may be transacted and of the jurisdiction which may be exercised
by Judges in court or in chambers may be transacted or exercised by Registrars;
(f) for prescribing the fees and percentages
to be taken in any Court and for regulating any matters relating to the
costs of proceedings in any Court;
(g) for regulating the means by which
particular facts may be proved and the mode in which evidence thereof may
be given, in any proceedings or on any application in connec- tion with
or a any stage of any proceedings;
(h) for regulating the joinder of parties
and for prescribing in what cases persons absent, but having an interest
in a cause or matter, shall be bound by any order made therein, and in
what cases orders may be made for the representation of absent persons
by one or more parties to a cause or matter;
(i) for regulating the rate of interest
payable on all debts, including judgment debts, or on the sums found due
on taking accounts between parties, or on sums found due and unpaid by
receivers or other persons liable to account to the Court:
Provided that in no case shall any rate of interest
exceed eight per centum per annum, unless it has been otherwise agreed
between parties;
(j) for regulating the modes in which
a writ of seizure and sale may be executed, and the manner in which seizure
may be made for any property seizable thereunder, and the mode of sale
by the Sheriff or any other officer of the Court of any property so seized,
and the manner in which the right and title of purchasers of that property
at any sale by any officer of the Court may be secured to the purchasers;
(k) for regulating the discovery of
a judgment debtor's property in aid of the execution of any judgment;
(l) for regulating the taking of evidence
before an examiner or on commission or by letters of request, and for prescribing
the circumstances in which evidence so taken may be read on the trial of
an action;
(m) for prescribing in what cases the Court
may act upon the certificate of accountants, actuaries or other scientific
persons;
(n) for prescribing the duties of the
Accountant-General in respect of funds or property in the custody of the
Court, and in particular for prescribing the mode of transfer of securities
into the name of the Accountant-General, and the method of investment of
any such funds, and the rate of interest to be charged thereon, and, until
other provision is made in respect thereof the manner in which unclaimed
funds may be dealt with;
(o) for amending, altering, or adding
to the forms set out in any written law relating to criminal procedure;
and
(p) for any purpose for which rules
of court may be made under any written law.
17. Making of rules of court.
(1) Rules of court under section 16
may be made by a Rules Committee appointed as hereinafter provided.
(2) The Rules Committee shall consist
of the following persons:
(a) Chief Justice, who shall
be the Chairman of the Committee;
(b) the President;
(c) the Chief Judges;
(d) a Judge of the Federal Court, a
Judge of the Court of Appeal, a Judge of the High Court in Malaya, and
a Judge of the High Court in Sabah and Sarawak to be appointed by the Chief
Justice for such period as he may specify in writing;
(e) the Attorney General, or his nominee;
(f) the Senior Judge of the Sessions
Court of Kuala Lumpur;
(g) three advocates, one practising
in the states of West Malaysia, one practising in Sabah and one practising
in Sarawak, appointed by the Chief Justice for such period as he may specify
in writing; and
(h) the Secretary General of the Ministry
of Law, or his nominee.
(2A) In the absence of the Chief Justice, the President or
the Chief Judge of the High Court in Malaya or the Chief Judge of the High
Court in Sabah and Sarawak present shall be Chairman of the Committee.
(3) At any meeting of the Rules Committee
five members shall form a quorum. All question shall be decided by a majority
of votes of members present and voting:
Provided that-
(a) no rules shall be made relating
to the Federal Courtorthe Court of Appeal without the consent thereto of
the Chief Justice; and
(b) no rules shall be made relating
to any High Court without the consent thereto of the Chief Judge of that
High Court.
(3A) Rules of court which have financial implications shall
be referred to the Government for approval.
(4) Rules of court shall be published
in the Gazette, and shall come into force on the date of publication
or on such other date as may be specified therein.
(5) Rules of court shall be laid before
the Dewan Rakyat at the first meeting after their publication, and may
be disapproved in whole or in part by a resolution of the Dewan Rakyat.
(6) (Omitted).
(7) (Omitted).
17A. Council of Judges.
(1) The Chief Justice may convene a
Council of all the Judges as and when he deems it necessary but so that
there shall be at least one meeting in each year.
(1A) The President may, with the approval of the Chief Justice,
convene a Council of Judges of the Court of Appeal as and when he deems
it necessary.
(2) The Chief Judge may, with the approval
of the Chief Justice, convene a Council of Judges of the High Court as
and when he deems it necessary.
PART II
THE HIGH COURT
General
18.Proceedings in High Court to be
disposed of by single Judge.
(1) Every proceeding in the High Court
and all business arising thereout shall, save as provided by any written
law, be heard and disposed of before a single Judge
(2) "Whenever any Judge, after having
heard and recorded the whole or any part of the evidence in a proceeding,
is unable through death, illness or other cause to conclude the proceeding,
another Judge may--
(a) continue with the proceeding
from the stage at which the previous Judge left it and-
(i) act on the evidence already
recorded by the previous Judge; or
(ii) act on the evidence partly recorded
by the previous Judge and partly by himself; or
(b) resummon the witnesses and recommence
the proceeding.
(3) Where the Judge acts under subsection
2(a) (i) he may either on his volition or at the request of any party to
the proceeding. recall any of the witnesses as in respect of any part of
the evidence already recorded, or he may take their evidence afresh.
Provided that in respect of a criminal proceeding,
the Court of Appeal and the Federal Court may, on appeal set aside any
conviction had on evidence not wholly recorded by the Judge before whom
the conviction was had if such Court is of the opinion that the accused
had been materially prejudiced thereby, and may order a new trial."
[Am. Act A940]
19. Sittings
of the High Court.
The High Court shall sit at such times and at such places
as the Chief Judge shall from time to time appoint.
-
Distribution of business.
The distribution of business among the Judges of the High
Court shall be made in accordance with such directions which may be of
a general or a particular nature, a may be given by the Chief Judge.
-
Vacations.
The Chief Judge may make rules as to vacations of the High
Court not exceeding one month in any calendar year.
Original Jurisdiction
-
Criminal jurisdiction.
(1) The High Court shall have jurisdiction to try--
(a) all offences committed--
-
within its local jurisdiction;
-
on the high seas on board any ship or on any aircraft registered
in Malaysia;
-
by any citizen or any permanent resident on the high seas
on board any ship or on any aircraft;
-
by any person on the high seas where the offence is piracy
by the law of nations; and
-
offences under Chapter VI of the Penal Code, and under any
of the written laws specified in the Schedule to the Extra-territorial
Offences Act 1976, or offences under any other written law the commission
of which is certified by the Attorney-General to affect the security of
Malaysia committed, as the case may be,--
-
on the high seas on board any ship or on any aircraft registered
in Malaysia;
-
by any citizen or any permanent resident on the high seas
on board any ship or on any aircraft; or
-
by any citizen or any permanent resident in any place without
and beyond the limits of Malaysia.
(2) The High Court may pass any sentence allowed by law.
[Back to Top]
-
Civil jurisdiction-general.
-
Subject to the limitations contained in Article 128 of the
Constitution the High Court shall have jurisdiction to try all civil proceedings
where--
(a) the cause of action arose, or
(b) the defendant or one of several
defendants resides or has his place of business, or
(c) the facts on which the proceedings
are based exist or are alleged to have occurred, or
(d) any land the ownership of which
is disputed is situated,
within the local jurisdiction of the Court and notwithstanding
anything contained in this section in any case where all parties consent
in writing within the local jurisdiction of the other High Court.
(2) Without prejudice to the generality
of subsection (1), the High Court shall have such jurisdiction as was vested
in it immediately prior to Malaysia Day and such other jurisdiction as
may be vested in it by any written law in force within its local jurisdiction.
-
Civil jurisdiction-specific.
Without prejudice to the generality of section 23 the civil
jurisdiction of the High Court shall include--
-
jurisdiction under any written law relating to divorce and
matrimonial causes;
-
the same jurisdiction and authority in relation to matters
of admiralty as is had by the High Court of Justice in England under the
United Kingdom Supreme Court Act, 1981;
-
jurisdiction under any written law relating to bankruptcy
or to companies;
-
jurisdiction to appoint and control guardians of infants
and generally over the person and property of infants;
-
jurisdiction to appoint and control guardians and keepers
of the person and estates of idiots, mentally disordered persons and persons
of unsound mind; and
-
jurisdiction to grant probates of wills and testaments and
letters of administration of the estates of deceased persons leaving property
within the territorial jurisdiction of the Court and to alter or revoke
such grants.
24A. Reference under order of Court.
-
The High Court may refer any question arising in any cause
or matter, other than a criminal proceeding by the Public Prosecutor, for
inquiry or report to any special referee. The report of a special referee
may be adopted wholly or partially by the High Court and enforced as a
decree, judgment or order to the same effect
-
In any cast or matter other than a criminal proceeding by
the Public Prosecutor--
(a)
if all the parties interested who are not under disability consent;
(b)
if the cause or matter requires any prolonged examination of documents
or any scientific or local investigation which cannot in the opinion of
the High Court, conveniently be conducted by the Court through its ordinary
officers; or
(c)
if the question in dispute consists wholly or in part of matters of account,
the High Court may at any time order the whole cause or
matter or any question or issue of fact arising therein to be tried before
a special referee or arbitrator respectively agreed on by the parties or
before an officer of the Court.
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(a) In all cases of reference to a special referee or arbitrator
under an order of the High Court in any case or matter, the special referee
or arbitrator shall be deemed to be an officer of the Court and shall have
such authority and shall conduct the reference in such manner as is prescribed
by-rules of court, and subject thereto as the High Court may direct.
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The report or award of any special referee or arbitrator
on any such reference shall, unless set aside by the High Court, be equivalent
to the decree, judgment or order of the Court.
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The remuneration to be paid to any special referee or arbitrator
to whom any matter is referred under order of the High Court shall be determined
by the Court.
(4) The High Court shall, as to references under order of
the Court, have all the powers which are by the Arbitration Act 1952, [Act
93], conferred on the High Court as to references by consent out of Court.
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Powers of the High Court.
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Without prejudice to the generality of Article 121 of the
Constitution the High Court shall in the exercise of its jurisdiction have
all the powers which were vested in it immediately prior to Malaysia Day
and such Other powers as may be vested in it by any written law in force
within its local jurisdiction.
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Without prejudice to the generality of subsection (1) the
High Court shall have the additional powers set out in the Schedule:
Provided that all such powers shall be exercised
in accordance with any written law or rules of court relating to the same.
25A. Orders for interim payment.
(1) As regards proceedings pending in the High Court,
provision may be made by rules of court for enabling the Court in such
circumstances as may be prescribed, to make an order requiring a party
to the proceedings to make an interim payment of such amount as may be
specified in the order, with provision for the payment to be made to such
other party to the proceedings as may be so specified or, if the order
go provides, by paying it into Court.
(2) Any rules of court which make provision in accordance
with subsection (1) may include provision for enabling a party to any proceedings
who, in pursuance of such an order has made an interim payment, to recover
the whole or part of the amount of the payment in such circumstances and
from such other party to the proceedings as may be determined in accordance
with the rules.
(3) Any rules made by virtue of this section may include
such incidental, supplementary and consequential provisions as may be considered
necessary or expedient.
(4) Nothing in this section shall be construed as affecting
the exercise of any power relating to costs, including any power to make
rules of court relating to costs.
(5) In this section "interim payment", in relation to
a party to any proceedings, means a payment on account of any damages,
debt or other sum excluding any costs which that party may be held liable
to pay to or for the benefit of another party to the proceedings if a final
judgment or order of the Court in the proceedings is given or made in favour
of that other party.
Appellate Jurisdiction
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Appellate criminal jurisdiction.
The appellate criminal jurisdiction of the High Court shall
consist of the hearing of appeals from subordinate courts according to
any law for the time being in force within the territorial jurisdiction
of the High Court.
27. Appellate civil jurisdiction.
The appellate civil jurisdiction of the High Court shall
consist of the hearing of appeals from subordinate courts as hereinafter
provided.
28. Civil appeals from subordinate
courts.
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Subject to any other written law, no appeal shall be to the
High Court from a decision of a subordinate court in any civil cause or
matter where the amount in dispute or the value of the subject-matter is
ten thousand ringgit or less except on a question of law.
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An appeal shall lie from any decision of a subordinate court
in any proceedings relating to maintenance of wives or children, irrespective
of the amount involved.
29. Civil appeals to be by way
re-hearing.
All civil appeals from a subordinate court shall be by
way of re-hearing, and the High Court shall have the like powers and jurisdiction
on the hearing of appeals as the Court of Appeal has on the hearing of
appeals from the High Court.
30. Reference of constitutional
question by subordinate court.
-
Where in any proceedings in any subordinate court any question
arises as to the effect of any provision of the Constitution the presiding
officer of the court may stay the proceedings and may transmit the record
thereof to the High Court.
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Any record of proceedings transmitted to the High Court under
this Section shall be examined by a Judge of the Court and where the Judge
considers that the decision of a question as to the effect of a provision
of the Constitution is necessary for the determination of the proceedings
he shall deal with the case in accordance with *section 48 as if it were
a case before him in the original jurisdiction of the High Court in which
the question had arisen.
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Subsections (1) and (2) shall be deemed to be rules of court
for the purposes of Article 128 (2) of the Constitution.
*Section 48 has been deleted by Section 17 of the
Amending Act A886 with effect from 24.06.1994.
Section 48 reads as follows:
"44. Reference of constitutional
question by High Court.
-
Where in any proceedings in the High Court question arises
as to be effect of any provision of the Constitution The Judge hearing
the proceedings may stay the same on such terms as may be just to await
the decision of the question by the Supreme Court.
-
An order staying proceedings under this section may be
made by the Judge of his own motion or on Be application of any party and
shall be made at such stage of the proceedings as the Judge may see fit
having regard to the decision of such questions of fact as may be necessary
to be settled to assist the Supreme Court in deciding the question which
has arisen and to the speedy and economical determination of the proceedings.
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Where an order for stay of
proceedings La been made under this section the Judge shall state al question
which in his opinion has arisen as 0 the effect of the Constitution in the form
of a special case which so far as may be possible shall state the said question
in a form which shall permit of an answer being given in be
affirmative or the negative.
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Where a Judge shall have stated a special case under this
section the some shall be transmitted to the Supreme Court in accordance
with the rules of court of the Supreme Court."
Revision
31. Revision of criminal proceedings
of subordinate courts.
The High Court may exercise powers of revision in respect
of criminal proceedings and matters in subordinate courts in accordance
with any law for the time being in force relating to criminal procedure.
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Power of High Court to call for records
of civil proceedings in subordinate courts.
The High Court may call for and examine the record of any
civil proceedings before any subordinate court for the purpose of satisfying
itself as to the correctness, legality or propriety of any decision recorded
or passed, and as to the regularity of any proceedings of any suchsubordinate
court.
33. Powers of High Court on revision
of civil proceedings.
In the case of any civil proceedings in a subordinate
court the record of which has been called for, or which otherwise comes
to itsknowledge, the High Court may give such orders thereon, either by
directing a new trial or otherwise, as seems necessary to secure that substantial
justice is done.
34. No revision at instance of party
who could have appealed.
Where an appeal lies from any decision in any civil matter,
and no appeal is brought, no proceeding by way of revision shall be entertained
at the instance of a party who could have appealed.
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General supervisory and revisionary
jurisdiction of High Court.
In addition to the powers conferred on the High Court by
this or any other written law, the High Court shall have general supervisory
and revisionary jurisdiction over all subordinate courts, and may in particular,
but without prejudice to the generality of the foregoing provision, if it
appears desirable in the interests of justice, either of its own motion or at
the instance of any party or person interested, at any stage in any matter or
proceeding, whether civil or criminal, in any subordinate court, call for the
record thereof, and may remove the same into the High Court or may give to the
subordinate court such directions as to the further conduct of the game as
justice may require.
[Back to Top]
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Upon the High Court calling for any record as aforesaid all
proceedings in the subordinate court in the matter or proceeding in question
shall be stayed pending further order of the High Court.
36. Discretion of Court as to hearing
parties.
Subject to any written law for the time being in force
no party shall have any right to be heard before the High Court when exercising
is powers of revision and supervision:
Provided that no final order shall be made to
the prejudice of any person unless the person has had an opportunity of
being so heard.
37. Special provision as to States of
Malaya.
Where in any criminal proceeding before a subordinate
court in the States of Malaya a sentence has been passed by the court in
exercise of the special powers of punishment conferred by section 87 (2)
of the Subordinate Courts Act 1948, and no notice of appeal has been lodged
against the sentence according to the law for the time being in force relating
to criminal procedure, the subordinate court shall transmit the record
of the proceeding to the High Court so that the High Court may satisfy
itself as to the correctness legality or propriety of the sentence, and
the High Court may thereupon exercise the powers conferred upon it by section
31.
PART III
COURT OF APPEAL
General
38. Composition of the Court of Appeal.
-
Subject as hereinafter provided, every proceeding in the
Court of Appeal shall be heard and disposed of by three Judges or such
greater uneven number of Judges as the President may in any particular
case determine.
-
In the absence of the President the senior member of the
Court shall preside.
39. Sittings of the Court.
-
The Court shall sit on such dates and at such places as the
President may from time to time appoint:
Provided that the President may, when he deems it expedient,
direct that any appeal be heard at any time and in any place in Malaysia.
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The President may cancel or postpone any sitting of the Court
which has been appointed under subsection (1).
40. Vacations.
The President may make rules as to vacations of the Court
of Appeal not exceeding one month in any calendar year.
41. Proceedings how decided.
Proceedings shall be decided in accordance with the opinion
of the majority of the Judges composing the Court.
42. Continuation of proceedings notwithstanding
absence of Judge.
-
If, in the course of any proceeding, or, in the case of a
reserved judgment, at any time before delivery of the judgment, any Judge
of the Court hearing the proceeding is unable, through illness or any other
cause, to attend the proceeding or otherwise exercise his function as a
Judge of that Court, the hearing of the proceeding shall continue before,
and judgment or reserved judgment as the case may be, shall be given by,
the remaining Judges of the Court, not being less than two, and the Court
shall, for the purposes of the proceeding, be deemed to be duty constituted
notwithstanding the absence or inability to act of the Judge as aforesaid.
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In any such case as is mentioned in subsection (1) the proceeding
shall be determined in accordance with the opinion of the majority of the
remaining Judges of the Court, and, if there is no majority the proceeding
shall be re-heard.
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(Repealed by Act A1031)
[Am. Act A1031]
43. Applications.
Wherever application may be made either to the High Court
or to the Court of Appeal, it shall be made in the first instance to the
High Court.
44. Incidental directions and interim
orders.
-
In any proceeding pending before the Court of Appeal any
direction incidental thereto not involving the decision of the proceeding,
any interim order to prevent prejudice to the claims of parties pending
the hearing of the proceeding, any order for security for costs, and for
the dismissal of a proceeding for default in furnishing security so ordered
may at any time be made by a Judge of the Court of Appeal.
-
Every application under subsection (1) shall be deemed to
be a proceeding in the Court of Appeal.
(3) Every order made under subsection (1) may, upon application
by the aggrieved party made within ten days after the order is served,
be affirmed, varied or discharged by the Court.
Original Jurisdiction
45. -- 49. (Deleted).
Appellate Jurisdiction-Criminal Appeals
50. Jurisdiction to hear and determine
criminal appeals.
-
Subject to any rules regulating the proceedings of the Court
of Appeal in respect of criminal appeals, the Court of Appeal shall have
jurisdiction to her and determine any appeal against any decision made
by the High Court--
-
in the exercise of its original jurisdiction; and
-
in the exercise of its appellate or revisionary jurisdiction
in respect of any criminal matter decided by the Sessions Court.
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An appeal shall be to the Court of Appeal, with the leave
of the Court of Appeal, against any decision of the High Court in the exercise
of its appellate or revisionary jurisdiction in respect of any criminal
matter decided by a Magistrate’s Court but such appeal shall be confined
to only questions of law which have arisen in the course of the appeal
or revision and the determination of which by the High Court has affected
the event of the appeal or revision.
(2A) An application for leave under subsection (2) shall
be made within fourteen days after the date of the decision of the High
Court.
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Notice of any appeal by the Public Prosecutor shall be given
by, or with the consent in writing of that officer only; and notwithstanding
subsection (2) no leave of the Court of Appeal is required.
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Except as otherwise provided in this section, an appeal may
lie on a question of fact or a question of law or of mixed fact and law.
51. Notice of appeal.
-
Every appeal shall be by notice in writing which shall be
filed with the Registrar of the Court from which the appeal lies at the
place where se decision appealed against was given within fourteen days
after the date of the decision:
-
Every notice of appeal shall state shortly the substance
of the judgment appealed against, shall contain an address at which any
notices or documents connected with the appeal may be served upon the appellant
or upon his advocate and, except where the notice of appeal is given orally
under section 54, shall be signed by the appellant or his advocate.
Provided that, in a case of an appeal under section 50(2),
the computation of the aforesaid period of fourteen days shall commence
from the date immediately after leave has been granted by the Court of
Appeal.
[Am Act A909]
52. Record of proceedings.
(1) When a notice of appeal has been
filed the Judge by whom the decision was given shall, if be has not already
written his judgment, record in writing the grounds of his decision, and
the written judgment or grounds of decision shall form part of the record
of the proceedings.
(2) As soon as possible after notice
of appeal has been filed the Registrar shall cause to be served on the
appellant or his advocate at his address for service specified under section
51(2) a notice that a copy of the record is available and can be had on
applying for the same on payment of the prescribed fee:
Provided that in the case of an appeal by the
Public Prosecutor a copy of such record shall be furnished to him without
payment of any fee.
53. Petition of appeal.
-
Within ten days after service of the notice referred to in
section 52 (2) the appellant shall file with the Registrar of the Court
from which the appeal lies a petition of appeal and five copies thereof
addressed to the Court of Appeal.
-
Every petition of appeal shall be signed by the appellant
or his advocate and shall contain particulars of the matters of law or
of fact in regard to which the High Court is alleged to have erred, and,
except by leave of the Court of Appeal, the appellant shall not be permitted
on the hearing of the appeal to rely on any ground of appeal other than
those set forth in the petition.
-
If a petition is not filed within the time prescribed by
this section the appeal shall be deemed to have been withdrawn, but nothing
in this subsection shall be deemed to limit or restrict the powers of extending
time conferred upon the Court of Appeal by section 56.
[Am Act A909]
54. Procedure where appellant in prison.
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If the appellant is in prison he shall be deemed to have
complied with the requirements of sections 51 and 53 if he gives to the
officer in charge of the prison either orally or in writing notice of appeal
and the particulars required to be included in the petition of appeal within
the times prescribed by those sections.
-
The prison officer aforesaid shall forthwith forward the
notice and petition or the purport thereof to the Registrar of the Court
from which the appeal lies at the place where the decision appealed against
was given.
55. Transmission of papers to Court
of Appeal.
-
When an appellant has complied with sections 51 and 53 the
Registrar of the Court from which the appeal lies shall forthwith transmit
to the Court of Appeal four copies of the record of the proceedings in
the case, together with four copies of the notice of appeal and of the
petition of appeal.
-
The Registrar of the Court from which the appeal lies shall
also furnish the respondent or his advocate with a copy of the record of
the proceedings in the case and a copy of the notice of appeal and of the
petition of appeal.
56. Appeals out of time and formal defects.
The Court of Appeal may in its discretion, on the application
of any person desirous of appealing who may be debarred from so doing by
reason of his not having observed some formality or some requirement of
this Act, permit an appeal upon such terms and with such directions as
it may consider desirable in order that substantial justice may be done
in the matter, and may, for the purpose, enlarge any period of time prescribed
by section 51 or section 53.
56A. On appeal against acquittal,
accused may be arrested.
Where an appeal is presented against an acquittal, the
Court of Appeal may issue a warrant directing that the accused be arrested
and brought before it and may remand him to prison pending the disposal
of the appeal or admit him to bail.
57. Appeal not to operate as stay
of execution.
-
Except in the cases mentioned in subsection (3) and section
56A, no appeal shall operate as a stay of execution, but the High Court
or the Court of Appeal may stay execution on any judgment, order, conviction,
or sentence pending appeal on such terms as to security for the payment
of any money or the performance or non-performance of any act or the suffering
of any punishment o
