Section 87
of Malaysia Act
Section 87
(2)
Until other provision is made by or under federal law, the practise and procedure to be followed by the Federal Court in the exercise of its original and consultative jurisdiction, and the practise and procedure of other courts in connection therewith, shall, subject to the provisions of this section, be the same as nearly as may be as that followed in the like case immediately before Malaysia Day in and in connection with the exercise of the corresponding jurisdiction by the Supreme Court of the
Federation.
(3)
Until other provision is made by or under federal law—
(a)
the Federal Court and each of the High Courts shall adopt and use as its seal such seal or stamp as may be approved by the Lord President, in the case of the Federal Court, or the Chief Justice in the case of a
High Court; and
(b)
there shall be in and for the purposes of those courts the like offices as there were immediately before Malaysia
Day in the case of the said Supreme Courts, and the holders of those offices shall discharge the functions belonging thereto with such modifications as are required to give effect to subsections (1) and (2).
(4)
Subsections (1) to (3) shall not affect the powers conferred by section 74, but subject to any order under that section and to the following provisions of this section all present laws affecting the jurisdiction, practise or procedure of the said Supreme
Courts shall apply to the Federal Court and the High Courts with such modifications as may be necessary to give effect to subsections (1) to (3).
(5)
Subsections (1) to (4) shall not have effect so as to prevent the amendment or revocation of any rules of court in force immediately before Malaysia Day, or the making of new rules of court, under the powers conferred by any present law as applied by subsection (4); but, until other provision is made by federal law, the powers so conferred as regards the practise and procedure of the Federal Court and the practise and procedure of other courts in matters incidental to the exercise of any jurisdiction of the Federal Court, shall be exercised by the Lord President after consultation with the Chief Justices of the High Courts.
Malaysia 81
(6)
Until other provision is made by or under federal law, the present law relating to appeals to the Yang di-Pertuan Agong from the Court of Appeal of the Federation, and the practise and procedure followed in connection therewith immediately before
Malaysia Day, shall, subject to any order under section 74 and to any new rules of court, apply with any necessary modifications for the purpose of appeals to the Yang di-Pertuan Agong from the Federal Court.
(7)
For the purposes of this section the right of audience in a court shall be deemed to be a matter of the practise of the court;
but in the Federal Court any advocate of a High Court shall have that right, if and so long as it depends on this section.
(8)
For the purposes of this section the Court of Criminal
Appeal in Singapore shall be treated as having been a division of the Court of Appeal.
(9)
This section has effect subject to Article 161b of the
Constitution.