COURTS OF JUDICATURE ACT 1964

in the case of the High Court in Malaya, the territory comprised in the States of Malaya, namely, Johore, Kedah, Kelantan, Malacca, Negri Sembilan, Pahang, Penang, Perak, Perlis, Selangor and Trengganu; and

in the case of the High Court in Borneo, the territory comprised in the Borneo States, namely, Sabah and Sarawak, and the air space including, in either case, the territorial waters;

"Malaysia Day" means the 16th September, 1963;

"matter" includes every proceeding in court not in a cause; " permanent resident "

"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.

of "Federal Court" for "Court of Appeal"; and (b) of—

"Federal Court and the High Court";

This section shall be deemed to have come into force on Malaysia Day.

General

The High 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.

All writs, summonses, warrants, orders, rules, notices and other processes whatsoever, whether civil or criminal, issued or made 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.

Whenever during any period, owing to illness or absence from Malaysia or any other cause, a Chief Justice 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 the Judge of the Federal Court or the Judge of the said High Court having precedence next after the said Chief Justice who is present in Malaysia and able to act.

Subject to any directions that the Lord President 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, Deputy Registrars, Senior Assistant Registrars and Assistant Registrars respectively of the Federal Court.

The Chief Registrar, Registrars, Deputy 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 in the Supreme Court of Judicature in England and, in addition, such further jurisdiction, powers and duties as may be prescribed by rules of court.

The Presidents of the Sessions Court in West Malaysia and the First Class Magistrates in East Malaysia the local limits of whose jurisdiction extend to the towns in which registries of the High Court are situate shall be ex officio Assistant Registrars of the High Court for all purposes.

receive acknowledgments of married women in all cases where acknowledgments are required by law to be taken before a public officer;

receive acknowledgments of recognizances of bail and bail-bonds;

administer oaths for—

the justification for bail;

swearing executors and administrators; and

take and receive statutory declarations.

The Lord President 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).

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.

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 the building or any receptacle therein, using such force as is reasonably necessary to effect an entry.

The High Court shall have power to punish any contempt of itself.

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.

No sheriff, bailiff or other officer of the Court charged with the duty of executing any judgment, order or warrant of distress, or of attaching 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.

A Court may at any time order that no person shall publish the name, address or photograph of any witness in any cause 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

COURTS OF JUDICATURE shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding three years or to both.

for regulating and prescribing the procedure (including the method of pleading) and the practice to be followed in the High Court and the Federal Court in all causes 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 a High Court or to the Federal Court shall be made;

for regulating and prescribing the procedure on appeals from any court or person to a High Court or the Federal Court;

for regulating and prescribing the procedure on appeals from the Federal Court to the Yang di-Pertuan Agong;

for regulating the enforcement and execution by a High Court of the decrees, judgments and orders of the Federal Court or of the other High Court;

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;

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;

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 connection with or at any stage of any proceedings;

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;

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;

for regulating the modes in which a writ of seizure and sale may be executed, and the manner in which seizure may be made of 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;

for regulating the discovery of a judgment debtor's property in aid of the execution of any judgment;

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;

for prescribing in what cases the Court may act upon the certificate of accountants, actuaries or other scientific persons;

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;

for amending, altering, or adding to the forms set out in any written law relating to criminal procedure; and

for any purpose for which rules of court may be made under any written law.

The Rules Committee shall consist of the following persons:

At any meeting of the Rules Committee five members shall form a quorum. All questions shall be decided by a majority of votes of members present and voting:

Provided that—

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.

Rules of court shall be laid before the Dewan Ra'ayat at the first meeting after their publication, and may be disapproved in whole or in part by a resolution of the Dewan Ra'ayat.

So far as they are not inconsistent with this Act or any other written law and until revoked by the Rules Committee the following rules shall have full force and effect as if they were made under this Act:

(Omitted).

The Chief Justice may, with the approval of the Lord President, convene a Council of Judges of the High Court as and when he deems it necessary.

within its local jurisdiction;

nal Code, specified torial er any l which l to on ship or Malaysia;

oard any

on the high seas on board any ship or aircraft registered at any place in Malaysia;

by any person who is a citizen or a subject of the Ruler of any State in Malaysia, on the high seas or on any aircraft;

by any person on the high seas where the offence is piracy by the law of nations.

The High Court may pass any sentence allowed by law.

the cause of action arose, or

the defendant or one of several defendants resides or has his place of business, or

the facts on which the proceedings are based exist or are alleged to have occurred, or

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.

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.

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 Administration of Justice Act, 1956;

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.

In any cause or matter other than a criminal proceeding by the Public Prosecutor—

The High Court shall, as to references under order of the Court, have all the powers which are by the Arbitration Act, 1952, conferred on the High Court as to references by consent out of court.

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.

Appellate Jurisdiction

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.

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.

Subsections (1) and (2) shall be deemed to be rules of court for the purposes of Article 128 (2) of the Constitution.

Revision

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.

In the absence of the Lord President the senior member of the Court shall preside.

The Lord President may cancel or postpone any sitting of the Court which has been appointed under subsection (1).

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.

If the parties do not consent as aforesaid the appeal shall be re-heard.

Every application under subsection (1) shall be deemed to be a proceeding in the Federal Court.

Every order so made may be discharged or varied by the full Court.

Original Jurisdiction

An order staying proceedings under this section may be made by the Judge of his own motion or on the 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 Federal Court in deciding the question which has arisen and to the speedy and economical final determination of the proceedings.

Where an order for stay of proceedings has been made under this section the Judge shall state the question which in his opinion has arisen as to 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 the affirmative or the negative.

Where a Judge shall have stated a special case under this section the same shall be transmitted to the Federal Court in accordance with the rules of court of the Federal Court.

When the Federal Court shall have determined any special case under this section the High Court in which the proceedings in the course of which the case has been stated are pending shall continue and dispose of the proceedings in accordance with the judgment of the Federal Court and otherwise according to law.

Appellate Jurisdiction—Criminal Appeals

An appeal by a person convicted shall be either against the conviction or against the sentence or against both:

Provided that where an accused person has pleaded guilty and been convicted on the plea there shall be no appeal except as to the extent or legality of the sentence.

An appeal may lie on a question of fact or a question of law or on a question of mixed fact and law.

The Federal Court shall also have jurisdiction to hear and determine matters brought before it in accordance with sections 64, 65 or 66.

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

COURTS OF JUDICATURE 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.

in all cases tried by a jury or with assessors a note (verbatim if one is available) of any charge or summing-up of the Judge of the trial Court shall be included in and form part of the record of the proceedings in lieu of the written judgment or grounds of decision; and

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.

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 trial Court is alleged to have erred, and, except by leave of the Federal Court, 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 Federal Court by section 56.

The prison officer aforesaid shall forthwith forward the notice and petition or the purport thereof to the Registrar of the High Court at the place where the decision appealed against was given.

The Registrar of the High Court shall also furnish the Public Prosecutor 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.

If the appellant is ultimately sentenced to imprisonment, the time during which the execution of the sentence was stayed shall be excluded in computing the term of his sentence unless the Federal Court otherwise orders.

In the case of a conviction involving sentence of death or corporal punishment—

if, in any case rejected under this section, the appellant gives, within seven days of service of notice of rejection upon him, notice to the Registrar of the Federal Court of application for leave to amend his grounds of appeal so as to raise a question of law, accompanied by a certificate signed by an advocate specifying the question to be raised and undertaking to argue it, the Federal Court may grant leave to amend accordingly and shall restore the appeal for hearing; and

At the hearing of an appeal the Federal Court may, if it thinks that a different sentence should have been passed, quash the sentence passed by the trial court and pass such other sentence warranted in law (whether more or less severe) in substitution therefor as it thinks ought to have been passed.

The Federal Court shall in no case make any order under this section as to payment of costs of any appeal to or by the appellant or respondent.

When the additional evidence is taken by the trial court, it shall certify the evidence, with a statement of its opinion on the case considered with regard to the additional evidence, to the Federal Court, and the Federal Court shall thereupon proceed to dispose of the appeal.

The parties to the appeal shall be present when additional evidence is taken, but the evidence shall not be taken in the presence of a jury or assessors.

In dealing with any appeal in a criminal case the Federal Court may also, if it thinks fit, call for and receive from the trial court a report of any matter connected with the trial.

In criminal appeals and matters the Federal Court shall ordinarily give only one judgment, which may be pronounced by the Lord President or by such other member of the Federal Court as the Lord President may direct:

Provided that separate judgments shall be delivered if the Lord President so determines.

The judgment of any member of the Federal Court who is absent may be read by any other Judge.

The trial court shall thereupon make such orders as are conformable to the judgment or order of the Federal Court, and, if necessary, the record shall be amended in accordance therewith.

Upon the withdrawal or discontinuance of any appeal the Registrar of the Federal Court shall notify the trial court accordingly and, if any stay of execution has been granted, the sentence or order of the trial court shall forthwith be enforced, but nothing in this subsection shall be deemed to limit or restrict the powers of extending time conferred upon the Federal Court by section 56.

A declaratory judgment of the Federal Court under subsection (1) shall not operate to reverse an order of acquittal, but it shall thereafter be binding upon all other courts in Malaysia in the same manner as an ordinary judgment of the Federal Court.

The powers conferred upon the Public Prosecutor by this section shall be exercisable by that officer only.

The person so convicted shall thereupon be remanded to prison or, if the Judge thinks fit, be admitted to bail.

The Federal Court shall review the case, or such part of it as may be necessary, and finally determine the question and thereupon may alter the sentence passed and pass such sentence or give or make such judgment or order as the Federal Court thinks fit.

An application under this section shall be made within one month or such longer time as the Federal Court may permit of the determination of the appeal to which it relates and in the case of an application by the Public Prosecutor shall be made by or with the consent in writing of that officer only.

When a question has been reserved under this section the Judge who has reserved the same may make such orders as he may see fit for the arrest, custody or release on bail of any party to the appeal.

When a question has been reserved under this section the Registrar of the High Court shall forward the record of the proceedings in the High Court to the Chief Registrar who shall thereupon appoint and notify to the parties to the appeal the time and place for the hearing of the matter.

The Federal Court shall hear and determine the question reserved and may make such orders as the High

Court might have made as it may consider just for the disposal of the appeal.

For the purposes of this section but without prejudice to the generality of its provisions—