Law434 Lecture 11 Judicial System (PT 1)

Malaysian Legal System
LAW 434
LECTURE 11
JUDICIAL SYSTEM
(Part 1)
Courts in Malaysia
(PUBLIC COURTS)
COURTS IN MALAYSIA
COURTS WITH
PUBLIC COURT
SPECIAL
JURISDICTION
SUPERIOR COURTS
SUBORDINATE
COURTS
2
PUBLIC COURTS IN
MALAYSIA
FEDERAL
COURT
COURT OF SUPERIOR
APPEAL COURTS
HIGH COURT HIGH COURT

OF MALAYA OF BORNEO
SESSION SESSION
COURT COURT
SUBORDINATE
COURTS
MAGISTRATE MAGISTRATE
COURT COURT
3
MAGISTRATES’ COURT
Govern by the Subordinate Court Act 1948 and
Subordinate Court (Amendment) Act 2010.
General jurisdiction
⚫ Try civil and criminal cases within local limits of
jurisdiction assigned.
⚫ May issue summons, writs, warrants or other process.
⚫ May make interlocutory or interim orders such as
adjournment, remand and bail.
⚫ May also conduct inquest or inquiries of death
Only has original jurisdiction, it has specific jurisdiction

(depends on status of magistrate ie. First Class or
Second Class) 4
A) First class magistrate court
⚫ on civil matters: has authority to try all actions and suits
where the amount in dispute or value of the subject matter
does not exceed RM100,000.00
▪ 0n criminal matters: it possesses jurisdiction to try all
offences for which the maximum term of punishment
provided by law does not exceed 10 years imprisonment, or
all offences punishable with fine only.
▪ Specific jurisdiction to try offences under s.392(robbery) and
s457(lurking, house trespass, house breaking by night) of
the Penal Code
• Where a person is found guilty, the magistrate may pass any
sentence allowed by law not exceeding:
1. Five year’s imprisonment
2. A fine of RM10,000
3. Whipping of up to 12 strokes
4. A Combination of any of the above mentioned
5
B) Second class magistrate court
- Only have jurisdiction to try original actions and suits of

a civil nature where the plaintiff seeks to recover a debt
or liquidated demand on money payable by the
defendant with or without interest not exceeding
RM10,000.00.
- On criminal matters it has jurisdiction to try offences for
which the maximum term of imprisonment provided by
law does not exceed 12 months’ imprisonment or
offences punishable with a fine only.
- May pass any sentence allowed by law:
1) Not exceeding 6 months’ imprisonment
2) A fine of not more than RM1000; or
3) Any sentence combining either of the aforesaid
sentences
SESSIONS COURT
⚫ This court is the highest of the subordinate or inferior
courts. It is under the charge of the Sessions Court
judge.
⚫ Has original jurisdiction in criminal and civil matters.
⚫ Its criminal jurisdiction extends to all offences other than
offences punishable with death.
⚫ A Sessions Court may pass any sentence allowed by
law other than the death sentence.
⚫ In civil matters, it has jurisdiction to try all actions and
suits of a civil nature where the amount in dispute or
value of the subject-matter does not exceed RM 1million.
⚫ Has unlimited jurisdiction in matters involving motor
vehicle accident, landlord and tenant and distress.
⚫ Has jurisdiction to hear claim for specific performance,
injunction and recission of contract.
Has a limited supervisory jurisdiction over
Magistrate court.
The judge may call for and examine records of any

civil proceedings in the Magistrate’ within the local
limits of the jurisdiction of the Session Court as to
the correctness, legality or propriety of decision
and regularity of proceedings.
If the decision is illegal or improper or the

proceeding is irregular, the judge must forward the
record to the High Court. High Court will give the
necessary orders.
8
JUDICIAL SYSTEM
SUPERIOR
COURTS
FEDERAL
COURT
COURT OF
APPEAL
HIGH COURT
MALAYA
Sitting in every
peninsular
state
BORNEO
Sitting in Sabah
and
Sarawak
9
SUPERIOR COURTS IN MALAYSIA
Govern by the Court Of Judicature Act 1964 (Revised

1972) and Court of Judicature (Amendment) Act 2020
THE HIGH COURT

Consists of 2 Chief Judges, one in Peninsular M’sia and one
in Sabah and Sarawak. Art122AA FC provides that the
number of other judges shall not exceeds 60 in HC of Malaya
and 13 in HC of Sabah and Sarawak.
Jurisdiction of High Court: original, appellate and supervisory
and revisionary.
Original Jurisdiction
In the exercise of its original jurisdiction, it has unlimited
criminal and civil powers.
10
CIVIL
General:
Try cases where the amount involved exceeds RM1million.
It has the jurisdiction to try all civil proceedings where:
• the cause of action arose within M’sia or
• the defendant resides or has his place of business
within M’sia
• the facts on which the proceedings are based, exist or
are alleged to have occurred within M’sia or
• Any land the ownership of which is disputed is situation
within M’sia.
Specific (s.24CJA1964):
• Divorce and matrimonial causes
• Admiralty matters
• Bankruptcy and companies
11
• appointment and control of guardian of infants; generally
over the persons and property of infants
• appointment and control of guardians and keepers of the
person and estates of idiots/mentally disordered
person/persons of unsound mind
• Granting, altering or revoking probates of wills and letters
of administration of estates of deceased person
CRIMINAL
• Has jurisdiction over citizen and non citizen and offences
committed within its territory (s.22(1)(a)CJA1964)
-on the high seas on board any ship /aircraft registered in Malaysia
-by any citizen/permanent resident on the high seas on board any
ship/aircraft
-by any person on the high seas where the offence is piracy
Has jurisdiction over citizens and permanent residents and

offences committed outside Malaysia (extraterritorial
jurisdiction) (section 22(1)(b) CJA1964) 12
Appellate Jurisdiction
The High Court hears civil and criminal appeals from

Magistrates’ and Sessions Courts:
• Civil appeals, the claim must exceeds RM10,000
• Criminal appeals, no appeals concerning any offence
punishable with fine only not exceeding RM25; or where a
person has pleaded guilty and has been convicted
Supervisory and Revisionary Jurisdiction
The High Court has been conferred general supervisory and

revisionary jurisdiction over all subordinate courts.
13
The HC has revisionary jurisdiction over criminal and civil
proceedings in the subordinate court.
s.31 CJA1964 - HC has power to revise criminal proceedings in

subordinate court.
s.32 CJA1964 – HC may call for and examines the record of

any civil proceedings before any subordinate court to satisfy
itself as to the correctness, legality or propriety of any decision
recorded or passed, and as to the regularity of any proceeding.
S35 provides HC with revisionary jurisdiction with more general

supervisory jurisdiction. It empowers the court, in the interest of
justice to call for the record of any proceeding, whether civil or
criminal in any subordinate court at any stage of such
proceedings.
14
THE COURT OF APPEAL
⚫ The Court of Appeal consists of the President of the
Court of Appeal and up to ten Court of Appeal Judges.
⚫ The Court of Appeal is heard by 3 judges or such greater
uneven number of judges.
⚫ Has jurisdiction to hear and determine any appeal
against any High Court decision on criminal matters.
⚫ Also has jurisdiction to hear and determine civil appeals
generally for cases where the amount or value of the
subject matter of the claim is at least RM250,000.
⚫ Where an appeal has been heard and disposed of by the
Court of Appeal, the Court of Appeal has no power to
review the case.
⚫ Thus, the Court has no power to re-open, re-hear nor to
re-examine its decision for whatever purpose.
15
COURT OF APPEAL
APPELLATE
JURISDICTION
ONLY
(FROM HC)
CIVIL CRIMINAL
MAY DISMISS/CONFIRM
>RM250,000 CLAIM REVERSE/VARY
QUASH/NEW SENTENCE
16
THE FEDERAL COURT
⚫ Is the highest court in M’sia.
⚫ Consists of the Chief Justice, the President of the Court

of Appeal, the Chief Judge of Malaya and Sabah and
Sarawak and 6 federal court judges.
⚫ The Federal Court has jurisdiction in matters including:

1. To hear civil and criminal appeals from the Court
of Appeal. This appellate function occupies the
bulk of the court’s work.
17
2. To exercise exclusive original jurisdiction on
those matters conferred on it under Article
128(1) and (2) of the Federal Constitution. Can
hear disputes between any State and Federal
government.
3. To determine constitutional questions which have

arisen in the proceedings of the High Court but
referred to the Federal Court for a decision.
4. To give its opinion on any question referred to it

by the Yang DiPertuan Agong concerning the
effect of any provision of the Constitution which
has already arisen or appears likely to arise.
18
FEDERAL
COURT
ORIGINAL APPELLATE ADVISORY REFERRAL
DETERMINE
VALIDITY OPINION
CIVIL CRIMINAL FROM
OF LAW & UNDER
>RM250,000 FROM COA HIGH COURT
STATE/FED ART. 130 FC
DISPUTE
19
COMPOSITION
HIGH
COURT COURT
MAGISTRATE SESSIONS
CJ Malaya OF APPEAL
COURT COURT
CJ Borneo President
1 Magistrate 1 Judge
HC Judges 8 Judges
(single bench) (single bench)
(single bench) (multiple bench)
20
COMPOSITION
FEDERAL
COURT
(multiple bench)
LORD
PRESIDENT CHIEF JUSTICES 6
PRESIDENT
COA HC FC JUDGES
FC
21
TO BE CONTINUED…
22

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Malaysian Legal System

HIGH COURT HIGH COURT

Only has original jurisdiction, it has specific jurisdiction

- Only have jurisdiction to try original actions and suits of

The judge may call for and examine records of any

If the decision is illegal or improper or the

Govern by the Court Of Judicature Act 1964 (Revised

THE HIGH COURT

Has jurisdiction over citizens and permanent residents and

The High Court hears civil and criminal appeals from

Supervisory and Revisionary Jurisdiction

The High Court has been conferred general supervisory and

s.31 CJA1964 - HC has power to revise criminal proceedings in

s.32 CJA1964 – HC may call for and examines the record of

S35 provides HC with revisionary jurisdiction with more general

⚫ Consists of the Chief Justice, the President of the Court

⚫ The Federal Court has jurisdiction in matters including:

3. To determine constitutional questions which have

4. To give its opinion on any question referred to it

ORIGINAL APPELLATE ADVISORY REFERRAL

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