Malaysia legislation
Section 2
Section 2
⎯(1)
In this Ordinance⎯
“advocate” means a person admitted and enrolled as an advocate under the Advocates Ordinance [Cap. 110 (1958 Ed.)];
[Ins. Cap. A87.]
“Chief” means any person who holds with the approval of any lawful authority the appointment, rank or position specified in the Schedule;
[Sub. Cap. A87.]
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Ord. No. 9/92
“community” means a group of persons subject to the same system of personal law:
Provided that, if a customary law applies to different groups with divergencies in customary law, each group shall constitute a separate community;
“customary law” means a custom or body of customs to which the law of Sarawak gives effect;
“Headman” means any person who holds with the approval of any lawful authority the appointment, rank or position specified in the Schedule;
[Sub. Cap. A87.]
“Judge” means a Judge of the High Court in Sabah and
Sarawak;
“local area of jurisdiction of the Native Court” means⎯
(a)
in the case of the Headmen’s Court, the area in which the Tua Kampung or Tuai Rumah exercises jurisdiction;
(b)
in the case of the Chief’s Court, the area in which the Penghulu exercises jurisdiction;
(c)
in the case of the Chief’s Superior Court, the area in which the Pemanca or Temenggong exercises jurisdiction; or
(d)
in the case of the District Native Court or the
Resident’s Native Court, within the District or Division for which such Court is constituted;
“Magistrate” means any person appointed to be a Magistrate of either the First or Second Class under the provisions of the
Subordinate Courts Act 1948 [Act 92], and includes an ex-officio
Magistrate;
NATIVE COURTS
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“native system of personal law” means the customary law applying to any community, being a community forming the whole or part of any native race specified in the Schedule to the
Interpretation Ordinance, 2005 [Cap. 61];
“presiding officer” means the Headman, Chief, Sarawak
Administrative Officer, Magistrate, Judge or such other person as may be appointed to preside over a Native Court under this
Ordinance;
“Sarawak Administrative Officer” means an officer of the
Sarawak Administrative Service of the Government of Sarawak serving in an administrative office in a Division, district or sub-district, and includes the Resident of the Division, the District
Officer and the Officer-in-Charge of the administrative area;
“system of personal law” means the system of personal law recognized by the general law of Sarawak as being applicable to the members of any racial, religious or other community because they are members of such community, and includes any rules or customary laws of such system which may refer the determination of any matter to another system of personal law.
(2)
In this Ordinance, a reference to the Yang di-Pertua Negeri shall be construed as a reference to the Yang di-Pertua Negeri acting in accordance with the advice of the Majlis Mesyuarat Kerajaan
Negeri or of a member thereof acting under the general authority of the Majlis.
Classes of Native Courts