Malaysia legislation
Section 9
Section 9
Resident’s power to transfer cases
A Resident shall at all times have access to the Native
Courts in the area to which he is posted and may send for and examine the record of any proceedings before any such court for the purpose of satisfying himself as to the correctness, legality or propriety of any judgment, sentence or order, recorded or passed, or as to the regularity of any proceedings in any such court.
(2)
Whenever it is made to appear to the Resident⎯
(a)
that any finding, sentence or order of a Native Court is illegal or improper or has resulted in a miscarriage of justice;
(b)
that a fair and impartial trial cannot be had in any
Native Court;
(c)
that some question of law of unusual difficulty is likely to arise;
(d)
that a view of the place in or near which any offence has been committed may be required for the satisfactory inquiry into or trial of the same;
(e)
that for the speedy despatch of business of the Native
Court in any area in which a District Officer or a Magistrate is busy or not available to attend to the business of the Native
Court;
(f)
that an order under this section will tend to the general convenience of the parties or witnesses; or
(g)
that such an order is expedient for the ends of justice, or is required by this Ordinance, he may order⎯
(i)
that the case may be reheard de novo either before the same Native Court or some other Native Court;
Ord. No. 9/92
(ii)
that any particular case or class of cases be transferred from the present court to any other court of equal or superior jurisdiction;
(iii)
that the hearing of the proceedings, whether at first instance or on appeal, pending in any Native Court, be continued before any person who is or has been a Sarawak Administrative
Officer or any person who, in the opinion of the Resident, is versed in the native system of personal law of the community;
(iv)
that any particular case pending in the present Native
Court be transferred to any other Native Court or to a
Magistrate’s Court of competent jurisdiction; or
(v)
that a person committed for trial in one place be tried in another place.
(3)
The Resident may make an Order under subsection (2)
either on the report of the lower court, or on the application of the
State Attorney-General or by any party to the proceedings, or on his own initiative, or on the direction of the Chief Registrar issued pursuant to section 9A:
Provided that no Order shall be made under subsection (2) after the expiration of twelve months from the termination of such proceedings in the lower Native Court concerned.
[Ins. Cap. A87; Am. Cap. A118.]
(4)
When an Order is made under subsection (2), the court before which the case is pending shall cause the parties concerned to appear or to be brought before the court specified in the said Order as soon as may be practicable.
(5)
When the parties concerned appear or are brought before the court in accordance with subsection (4), it shall fix a date for hearing.
(6)
The court to which a case is transferred under this section may act on the evidence already recorded and may make any such order thereon by way of revision as if the proceedings came before the court on appeal or it may re-summon the witnesses and re-commence the proceedings de novo.
(7)
The provisions of the preceding subsections, so far as applicable, shall apply in relation to the enforcement of judgments of any of the present Native Courts given, but not satisfied, on or after the commencement of this Ordinance.
Exercise of power by Chief Registrar