Malaysia legislation
Section 12
Section 12
⎯(1) Subject to section 13, an appeal shall lie⎯
(a)
as of right on any ground of appeal which involves a question of native law or custom alone; or
(b)
on any ground of appeal which involves a question of fact alone or mixed law and fact or against a sentence of imprisonment.
(2)
Such appeal shall, if made from a Resident’s Native Court, be lodged with a Resident and, in every other case shall be lodged with the District Officer within whose district the Native Court, the decision of which is challenged, exercises jurisdiction, or with such other person or body as may be prescribed by rules made under section 29, and shall state the grounds of appeal:
Ord. No. 9/92
Provided that⎯
(a)
where no grounds are stated, the Resident, District
Officer or such other person or body with whom the appeal is lawfully lodged shall endeavour within the period allowed for appeal to ascertain and record the grounds upon which the appeal is made; and
(b)
save in so far as any rules made may prescribe to the contrary effect, a District Officer may, as regards appeals from any court in his district subordinate to a District Native Court, authorise any other person or persons to receive appeals and to exercise the functions devolving under this subsection on a
District Officer or, alternatively, to receive appeals and transmit them to the District Officer.
(3)
Such appeal shall be made in writing within thirty days of the date of such decision, or within such further time and upon such terms as the court to which the appeal lies may in any particular case allow and in such manner as may be prescribed by rules made under section 29 for appeals.
Courts to which appeal lies