Malaysia legislation
Section 16
Section 16
Revisionary powers of the Native Court of Appeal
⎯(1) Where it appears that in any original, revisional or appellate proceedings under this Ordinance an error material to the merits of any case or involving a miscarriage of justice has occurred, the Native Court of Appeal may, either upon the application of an aggrieved party or of its own motion, exercise any of the powers of revision vested in the High Court in such manner as the justice of the case may require:
Provided that the Native Court of Appeal, if it sees fit, may refuse to exercise the powers conferred on it by this section on the application of any party where such party has not exhausted his rights to appeal under this Ordinance.
(2)
No proceedings shall be revised under this section after the expiration of twelve months from the termination of such proceedings in the Native Court; and no proceedings shall be further revised under this section in respect of any matter arising thereon which has previously been the subject of a revisional order under this section or section 9.
(3)
Prior to the exercise of the powers of the Native Court of
Appeal under subsection (1), the Judge may, and at the request of any other member of the Court shall, request the Resident or the District
Officer or the Sarawak Administrative Officer to furnish a report in writing amplifying any order upon the case either generally or giving an opinion upon any point arising upon the consideration of the appeal and the Resident or District Officer or Sarawak Administrative Officer shall furnish the same and serve a copy of such report upon all parties to the appeal.
Recovery of penalty or compensation