Seksyen 1
This order may be cited as the Civil Law Ordinance (Extension) Order, 1971, and shall come into force on the 1st day of April, 1972.
/akn/my/act/pua/1971/424
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- Type
- P.U. (A)
- Status
- In force
- Enacted
- 1971
- Sections
- 8
Quick answer
About this p.u. (a)
- is Malaysia P.U. (A), cited as P.U. (A) 424 1971, currently marked in force and first recorded in 1971.
Opening note
Preamble
- IN exercise of the powers conferred by section 74 of the Malaysia Act, the Yang di-Pertuan Agong hereby makes the following order:
Seksyen 2
(2)
The said Ordinance as so modified is hereby extended to the States of Sabah and Sarawak.
Seksyen 3
The laws specified in the Second Schedule to this Order are hereby repealed to the extent specified in the third column of that Schedule.
FIRST SCHEDULE
(Article 2 (1))
MODIFICATIONS TO CIVIL LAW ORDINANCE, 1956
Modifications
Section Long title
For "the Federation of Malaya" substitute "Malaysia".
2
Seksyen 1
For "of the Federation" in the definition of "Court" substitute "in Malaysia".
Seksyen 2
Substitute a semi-colon for the full-stop at the end of the definition of "will" and insert the following new definition thereafter:
"written law' in relation to any part of Malaysia means written law as defined in the law relating to interpretation in that part of Malaysia.".
Section 3 (1) and marginal note
Modifications
Substitute the following:
Seksyen 3
(a)
in West Malaysia or any part thereof, apply the common law of England and the rules of equity as administered in England on the 7th day of April, 1956;
(b)
in Sabah, apply the common law of England and the rules of equity, together with statutes of general application, as administered or in force in England on the 1st day of December, 1951;
(c)
in Sarawak, apply the common law of England and the rules of equity, together with statutes of general application, as administered or in force in England on the 12th day of December, 1949, subject however to subsection (3) (ii):
Provided always that the said common law, rules of equity and statutes of general application shall be applied so far only as the circumstances of the States of Malaysia and their respective inhabitants permit and subject to such qualifications as local circumstances render necessary.".
3 (2), 6 ... For "the Federation" substitute "Malaysia".
3 (3) ... ... Add a new subsection as follows:
" (3) Without prejudice to the generality of subsection (1) (b) and (c) and notwithstanding subsection (1) (c)—
(i)
it is hereby declared that proceedings of a nature such as in England are taken on the Crown side of the Queen's Bench Division of the High Court by way of Habeas Corpus or for an order of mandamus, an order of prohibition, an order of certiorari or for an injunction restraining any person who acts in an office in which he is not entitled to act, shall be available in Sabah to the same extent and for the like objects and purposes as they are available in England;
(ii)
the Acts of Parliament of the United Kingdom applied to Sarawak under sections 3 and 4 of the Application of Laws Ordinance of Sarawak and specified in the Second Schedule to this Ordinance shall, to the extent specified
Section
Modifications in the second column of the said Schedule, continue in force in Sarawak with such formal alterations and amendments as may be necessary to make the same applicable to the circumstances of Sarawak and, in particular, subject to the modifications set out in the third column of the said Schedule.".
4 (3) ... After "as it existed" insert "in the State".
5 (1) ... After "and agents" insert a comma.
5 (2) ... For "Malacca and Penang" substitute "Malacca, Penang, Sabah and Sarawak".
7 (1) ... Insert "F.M.S. Cap. 45, Sabah 3/59, Swk. Cap. 57." as marginal reference against "Penal Code".
7 (3) ... Substitute the following for the provisos:
"Provided that—
(a)
any sum paid or payable on the death of the deceased under any contract of assurance or insurance, whether made before or after the coming into force of this Ordinance;
(b)
any sum payable, as a result of the death, under any written law relating to employees provident fund; or
(c)
any pension or gratuity, which has been or will or may be paid as a result of the death; and
(ii)
damages may be awarded in respect of the funeral expenses of the deceased person if such expenses have been incurred by the parties for whose benefit the action is brought.".
Bahagian IV
Part IV. heading
Omit "Married Women,".
For "section 513 of the Merchant Shipping Ordinance, 1952, applies and that Ordinance" substitute "the provisions of section 513 of the Merchant Shipping Ordinance, 1952, or the corresponding provisions of any other law apply and those provisions".
13 (2) ... 1. For "said section" substitute "provisions mentioned in subsection (1)".
Seksyen 2
For "passing" substitute "coming into force".
16 (1) ... 1. Omit the comma after "contracts".
Common questions
- What is -?
- - is Malaysia P.U. (A), cited as P.U. (A) 424 1971, currently marked in force and first recorded in 1971.
- Is - still in force?
- Yes — - is currently in force.
- When did - take effect?
- - was first recorded in 1971.
- How many sections does - have?
- - contains 7 sections.
- Where can I read the official version of -?
- The official text of - is published at lom.agc.gov.my.