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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.
P.U. (A)In force
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- Enacted
- 1971
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- 8
- is Malaysia P.U. (A), cited as P.U. (A) 424 1971, currently marked in force and first recorded in 1971.
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MALAYSIA ACT
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:
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(1)
The Civil Law Ordinance, 1956, shall have effect with the modifications set out in the First Schedule to this Order.
(2)
The said Ordinance as so modified is hereby extended to the States of Sabah and Sarawak.
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The laws specified in the Second Schedule to this Order are hereby repealed to the extent specified in the third column of that Schedule.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
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For "of the Federation" in the definition of "Court" substitute "in Malaysia".
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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:
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(1)
Save so far as other provision has been made or may hereafter be made by any written law in force in Malaysia, the Court shall-
(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)".
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For "passing" substitute "coming into force".
16 (1) ... 1. Omit the comma after "contracts".
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Substitute a full-stop for the comma after "Ordinance" and omit all the words appearing thereafter.
16 (2) ... Omit "or the Crown".
16 (5) (c) ... After "1893" insert "of the United Kingdom".
SectionModifications16A......For“(as defined in the National Land Code)” substitute“(that is to say, payments of the nature included in the definition of“rent”in the National Land Code)”16G......Omit“of Malaya”17(1)(b)......For“twenty-one” substitute“eighteen”24......For“Government of the Federation” substitute“Government”25......After“Muslim Law” insert“or, in Sabah and Sarawak, native law and custom”28(4)......Renumber the existing provision as“(4)(a)” and add the following new paragraph:1/66.
(b)
Paragraph(a) shall have effect in Sabah subject to section26 of the Rent Control(Business Premises)Enactment,1965,of Sabah and in Sarawak subject to section19 of the Rent Control Ordinance of Sarawak.”Cap.86.29......For“the Schedule” substitute“the First Schedule”Schedule......For the heading“Schedule” substitute“First Schedule”(Second Schedule)Add the following new Schedule:“SECOND SCHEDULE(Section3(3)(ii))
ACTS OF PARLIAMENT OF THE UNITED KINGDOM WHICH CONTINUE IN FORCE IN SARAWAK
Short titleExtent to which Act continues in forceModificationsSwk. Vol. VI page 1455(8 and 9 Geo.6 c.28)Law Reform(Contributory Negligence)Act,1945Section1(7),2,3,4and7In sections2and4,the references to the Workmen's Compensation Acts,1925to1943andto sections thereof shall be read as references to the Workmen's Compensation Ordinance Cap.80 of Sarawak and to the corresponding sections thereofSwk. Vol. VI page 1459(2 and 3 Eliz.2 c.34)Law Reform(Enforcement of Contracts)Act,1954The wholeNoneSwk. Vol. VI page 1461(12,13 and 14 Geo.6 c.100)Law Reform(Miscellaneous Provisions)Act,1949Section4(1)and7(1)and
(2)
None6,Edw.7c.41Marine InsuranceAct,1906The wholeexcept section91None21,Geo.5c.2Marine Insurance(Gambling Policies)Act,1909The wholeIn section1(3)the reference to the consent in England of the Attorney-General,in Scotland of the Lord Advocate,and in Ireland of the Attorney-General for Ireland shall be construed as referring to the consent of the Public Prosecutor,Malaysia.”
SECOND SCHEDULE (Article 3)
REPEAL
No.Short titleExtent of RepealSabah Cap.6Application of Laws OrdinanceThe whole so far as it relates to any matter in the Federal ListSarawak Cap.2Application of Laws OrdinanceThe whole so far as it relates to any matter in the Federal ListSarawak Vol.V1page 1455(8 and9 Geo.6c.28)Law Reform(Contributory Negligence)Act,1945,of the United KingdomSubsection(1)to(6)of section1in their application to Sarawak25 and 26 Geo.5c.30Law Reform(Married Women and Tortfeasors)Act,1935,of the United KingdomPartIIin its application to Sarawak24 and 25 Geo.5c.41Law Reform(Miscellaneous Provisions)Act,1934,of the United KingdomThe whole in its application to SarawakSarawak Vol.V1page 1465(11 and12 Geo.6c.41)Law Reform(Personal Injuries)Act,1948,of the United KingdomThe whole in its application to Sarawak4 and 5 Eliz.2c.46Administration of Justice Act,1956,of the United KingdomSections1,3,4,6and8in their application to Sarawak15 and 16 Geo.6and1 Eliz.2c.67Visiting Forces Act,1952,of the United KingdomThe whole in its application to Sabah and Sarawak
Made this 19th day of October, 1971. [PN.3375/177.]
By Command,
TAN SRI ABDUL KADIR BIN SHAMSUDDIN, Secretary to the Cabinet
(To be laid before each House of Parliament pursuant to section 74 (9) of the Malaysia Act.)
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