ISLAMIC SCIENCE UNIVERSITY OF

M A L A Y S I A
Faculty of Syariah and Law

LBA 1043
Malaysian
Legal
System II
Superior Court
High Courts
© Muhammad
Nizam
Awang @ Ali
 • Constitution
• Original Jurisdiction
• Appellate Jurisdiction
• Revisionary &
Discussion
Supervisionary Jurisdiction
Points • Judicial Review
• Referral Jurisdiction

• Statute: Federal Consti &

Courts of Judicature Act
1964 (Act 91)
 Constitution
• Art.121(1) FC – judicial power of the High
Court - 2 High Courts of coordinate
jurisdiction & status:
– (a) High Court in Malaya
– (b) High Court in Sabah & Sarawak (formerly
known as Borneo)
• Art. 122AA (1) – Chief Judge and not less
than four other judges (but subject to
maximum number provided under para. (a) &
(b)
 Original Jurisdiction
• Unlimited jurisdiction in civil and criminal matters
• S.23 – General Civil Jurisdiction
– (i) where the cause of action arose
– (ii) where the defendant/ one of several defendant resides or
has place of business
– (iii) where facts exists/alleged to have occurred
– (iv) land (ownership) is situated within local jurisdiction
• Except if the parties have consent in writing to bring
the case outside the local jurisdiction
 Cases in Discussion
• Sova Sdn Bhd v. Kasih Sayang Sdn Bhd
[1988] 2 MLJ 268

Read also:
• United Malayan Banking Corp Bhd v. Sooi
Lean Tooi & Ors [1984] 1 MLJ 47
 Original Jurisdiction (2)
• S.24 – Specific Civil Jurisdiction
(exclusively fall under HC jurisdiction)
– (i) Divorce & matrimonial matters
– (ii) Admiralty
– (iii) Bankruptcy and companies matters
– (iv) Guardianship of infant
– (v) Guardianship of idiots, mentally disordered and
persons of unsound mind
– (vi) Probate of wills and administration of estate
 Original Jurisdiction (3)
• S.22(1) – Original Criminal Jurisdiction
• It has two categories - Jurisdiction over
people who are:
• (a) citizen/ non-citizen and offences
committed within Malaysian territory
• (b) citizen/ permanent resident (PR)
and offences committed in extra-
territorial jurisdiction
 Original Jurisdiction (4)
• Category (a) – s.22(1)(a) – for all offences
committed:
(i) within local jurisdiction
(ii) on the high seas on ship/ aircraft registered in
Malaysia
(iii) by any citizen on high seas on any ship or
aircraft; or
(iv) by any person on high seas committed piracy
 Original Jurisdiction (5)
• Category (b) – s.22(1)(b) – for all offences committed:
• Under Chap. VI of the Penal Code, Extra Territorial
Offences Act 1976 or any other written law certified by
Attorney General to affect security of Malaysia whether:
(a) On the high seas on ship or aircraft registered in
Malaysia
(b) By any citizen or PR on high seas on any ship or
aircraft (E.g.. Official Secret Act 1972)
(c) By any citizen or PR in any place irrespective of the
territorial limits (Eg. Penal Code bigamy committed
abroad by Malaysians)
 Appellate Jurisdiction
• APPELLATE CIVIL JURISDICTION
• S. 27 – jurisdiction to hear appeal from subordinate
courts
• S.28 – Condition to make appeal
• Amount claimed must not be less than RM10,000,
except
– (a) on question of law
– (b) in proceedings involving maintenance of wives/ children
• S. 29 – jurisdiction to hear civil appeal from
subordinate court by way of rehearing
• HC exercise jurisdiction & power to hear appeal like
the Court of Appeal
 Appellate Jurisdiction (2)
• APPELLATE CRIMINAL
JURISDICTION
• S.26 – to hear criminal appeal from
subordinate courts within HC territorial
jurisdiction
• (see also: s.304-306 Criminal
Procedure Code on the restriction of
making appeal to HC)
 Cases in Discussion
• Lee Soo Chuan V Lai Yan & Anor
[1971] 2 MLJ 275
• Sulaiman bin Mohammad v. Malayan
Banking Bhd [1992] 2 MLJ 116
 Revisionary &
Supervisionary Jurisdiction
• General R & S jurisdiction – applicable
when
(a) in the interest of justice
(b) by its court’s own motion or upon the
application by any party
(c) at any stage of proceedings (either
to transfer case to HC or direct
subordinate court for further court)
 Revisionary &
Revisionary Jurisdiction
Supervisionary Jurisdiction (2)
• CIVIL CASES
• s.32 – Call for record of proceeding as to its:
(a) Legality of decision
(b) Regularity of proceedings
• S.33- power of HC on revision of civil
proceeding

• CRIMINAL CASES – s.31 – Revise

proceedings in subordinate courts (criminal
procedure)
 Cases in Discussion
• Hari Ram Seghal V PP [1981] 1 MLJ 165
• PP V Abdullah Pandak Hassan & Anor [1975]
2 MLJ276
• Liaw Kwai Wah & Anor V PP[1987] 2 MLJ 69
• Re Soo Leot [1956] MLJ 54
• Re Radha Krishnan Naidu [1962] MLJ 130
• Kok Heng Chow v. Lay Mee Yin [1948] MLJ
157
 Judicial Review – on the
Decisions of Other Judicial or
Quasi-Judicial Bodies
• S.25 (2) + Section 1 of the Schedule
entitled Prerogative Writs – writ of
habeas corpus, mandamus, prohibition,
quo warranto
 Referral Jurisdiction
• S.30 - Reference of
constitutional question by
subordinate court.
• Where there is related
constitutional issues during the
proceeding in the subordinate
court, the subordinate court may
stay the proceeding & transmit the
record to the HC
• To be read with Art. 128(2) of the
 Referral Jurisdiction (2)
• ….the Federal Court shall have
jurisdiction (subject to any rules of court
regulating the exercise of that jurisdiction)
to determine the question and remit the case
to the other court to be disposed of in
accordance with the determination.

• Cases in Discussion: Hashim Daud v.

Yahya Hashim [1973] 2 MLJ 85
 Recap
• Constitution
• Original Jurisdiction
• Appellate Jurisdiction
• Revisionary & Supervisionary
Jurisdiction
• Judicial Review
• Referral Jurisdiction
 Next
Lesson
Superior/ Higher Courts

Court of Appeal
Statute:
Federal Constitution
Courts of Judicature Act
1964