Malaysia legislation
Section 20
Section 20
⎯(1) A Resident’s Native Court, subject to section 28, shall have power to hear and determine⎯
(a)
for the purpose of section 9 of the Land Code [Cap.
(1958 Ed.)], the question whether any non-native has become identified with a particular native community and subject to the native system of personal law of such community;
(b)
the question whether a person who is subject to a particular system of personal law (whether native or otherwise)
has become or became, by virtue of subsequent events, or by conduct or mode of life, subject to a different personal law;
Ord. No. 9/92
(c)
the question whether a person subject to the personal law of a particular native community ceased or has ceased to be so subject.
(2)
In determining any question under subsection (1)⎯
(a)
a Resident’s Native Court shall in the determination of any question raised under subsection (1) must—
(i)
take into consideration the public opinion of the native community which the person has become so identified or seeks to be identified;
(ii)
take into account the views of the Government, to be expressed through the State Secretary, whether that is in the public interest and interest of the State, that person ought to be identified with any native community;
(iii)
unless the native community which a person seeks to be identified with is an Islamic community, disregard the fact that the person was or is a Christian and that some modification of the system of personal law of such community is, was or may be required on that account;
(iv)
such other relevant facts and circumstances pertaining to the person who has been allegedly identified or seeks to be identified with the native community concerned and the customs and traditions of that community;
[Sub. Cap. A87.]
(b)
the testimony of responsible persons in the community, and the opinion of the assessors who are members of the community or of the Tuai Rumah assisting a Resident’s Native
Court shall be acceptable evidence as to the public opinion of such community; and
(c)
no person who is not a Muslim may be declared to have become identified with or to be subject to the personal law of a native Islamic community.
(3)
The jurisdiction conferred by this section may be exercised—
(a)
on the application of any person who is able to satisfy the Court that he has a pecuniary or other interest in the determination of any question which the Court is authorized to determine;
(b)
on the application of a Probate Officer, if he satisfies the Court that the determination of the question submitted by him is necessary to the discharge of any duty vested in him by law; or
(c)
upon the certificate of the State Attorney-General that the application is fit and proper for the determination of the
Resident’s Native Court under subsection (1).
[Sub. Cap. A87.]
(3A)
(a)
A copy of the application made under this section shall be served by the applicant on the State Attorney-General within 14 days from the date of filing thereof and a copy thereof shall be posted on the notice board of the Resident’s Native Court at least 10
days before the hearing of the application.
(b)
The State Attorney-General or a State Legal Officer authorized by him may appear at the hearing of the application.
(c)
If the State Attorney-General desires to be heard he shall be deemed to be a party to the proceedings and shall have the same right of appeal as any other party to the application.
[Ins. Cap. A87.]
Ord. No. 9/92
(4)
Any decision of the Court shall be binding only on the parties to the proceedings and on persons whose interests are lawfully represented by such parties or who claim under such parties, but the
Court shall have power to give such directions as to joinder of parties as it may think fit and also, if it deems it desirable or expedient, to order that the interests of persons having a common interest be represented by one of their number or by a person specially appointed by the Court to represent those interests.
(5)
Any decision of a Resident’s Native Court under this section, including a decision under subsection (1)(a) or subsection (3)
or any direction or order under subsection (4), shall be subject to appeal by an aggrieved party to the proceedings or by the State
Attorney-General, as the case may be, and also to further investigation and appeal under section 15, in a like manner as if the Court were exercising jurisdiction under section 5, and the appellate or investigating court shall have the powers conferred by subsection (4).
(6)
(a)
The Resident’s Native Court shall, after the period for any appeal referred to in subsection (5) has lapsed and where no appeal has been lodged against the decision of the Court, notify the
State Secretary in writing of its decision or finding.
(b)
The State Secretary shall, upon being satisfied that the decision or finding was made in accordance with the provisions of this section, cause the name of the person whom the Resident’s Native
Court has determined to be identified with any particular native community or subject to the personal law of any such community to be gazetted as such.
(7)
Until and unless publication of the fact that the person has been identified or subject to the personal law of any particular native community in the Gazette, the person shall not be so identified or subject as the case may be and shall not be deemed a native of
Sarawak.
[Ins. Cap. A87.]
Judgment