Introduction to Malaysian

Legal System
SUBORDINATE COURTS

Dr. Haniwarda Yaakob

Faculty of Law
 Introduction
• Subordinate Courts refer to the Magistrates’ Courts and
the Sessions Courts.

• We will referring to the Subordinate Courts Act 1948

(hereinafter referred to as “the SCA”). Please have a
copy with you.

• You need the get the latest version of the Act as there
were major amendments to the Act in 2010 which came
into effect in 2013.

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Important!

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 •
Hierarchy
Federal
Court

Court of
Appeal

High
Court

Sessions
Court

Magistrates
Court

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 MAGISTRATES’ COURTS

MC

Jurisdiction
Constitution

Civil Criminal

1st Class 2nd Class

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 Constitution

• Established under s 76 SCA 1948.

• Proceedings are heard and disposed of by a 1st class or 2nd

class magistrates.

• The lowest court in the hierarchy.

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MC

Who are the

Magistrates?

1st Class 2nd

M Class M

S.79: State Authority may appoint any fit

and proper person. (Usually public
S. 78A: a member of servant or court officers involved in
the Judicial and Legal admin. duties; placed in remote places
Service where there are no 1st class M; only
perform minor functions e.g. bail,
mentioning cases)
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 Jurisdiction

• Meaning of Jurisdiction -

• The right to hear a case / “hak untuk mendengar”

• If the court does not have the jurisdiction, the claim should not
be filed in that court!

• Mahkamah yang tidak mempunyai bidangkuasa/jurisdiction ke

atas sesuatu kes tidak ada kuasa untuk mendengar kes
tersebut.

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 Magistrates’ courts: Jurisdiction

1st class MC 2nd class MC

Original
jurisdiction

= power to hear the case for

the 1st time.

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 Magistrates’ courts: original civil jurisdiction

• To determine which court has jurisdiction, consider 3

elements:

❶ Monetary limits;

❷ Subject-matter limits;

❸ Territorial limits.

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original civil jurisdiction

Monetary limits

1st Class 2nd Class

MC MC

s. 92 SCA: debt or liquidated

demand not more than
s. 90 SCA: all actions where RM10,000
the amount in dispute is not
more than RM100,000
However, if the amount claimed is
less than RM5K, one may file the
claim in the Small Claims Division of
the MC (see O.93 ROC 2012)
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 Magistrates courts: original civil jurisdiction

Subject-matter

2nd
1st class
class

s.90: All actions...; BUT see- s.92: recovery of debt

or liquidated demand

s. 93: Provisions relating to

See s. 69:
Sessions Courts apply to MC
Exceptions to
{i.e. S.65(3)(4), 66-70; 72-74}
jurisdiction 12
MC: other jurisdiction

MC may conduct inquests or

inquiries of death-Part VIII pf
CPC

s.77A of Probate & Administration Act

1959 confers jurisdiction to 1st class MC
to hear application for probate where
values of the estate is less than RM25K

s.3 Married Woman & Children

(Maintenance) Act 1950 allows
MC & SC to hear application for
maintenance
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original civil jurisdiction

Territorial limits

s.76(1)&(2): MC shall have

jurisdiction to hear civil or
criminal matters arising
within the local limits s. 99A : further powers of MC
assigned to it under this – refer to para 2 of 3rd
section, or, if no such Schedule
provision, refer to local
jurisdiction of High Court

• Note: According to s.3 CJA, the local jurisdiction of HC in Malaya comprise of all states in
Malaya while the local jurisdiction of HC in Sabah and Sarawak comprise of Sabah and
Sarawak 14
 MC: Territorial limits

• S.76 confers the YDPA power to assign local limits of

jurisdiction or if no such limits have been assigned, the
subordinate courts shall have jurisdiction to hear civil or
criminal matter arising in any part of the jurisdiction of the
High Court;

• Since no local limits have been assigned by the YDPA, the

Subordinate courts in Malaya will have jurisdiction to hear
cases arising in Malaya and the subordinate courts in Sabah
and Sarawak will have local jurisdiction to hear cases arising
in Sabah and Sarawak subject however to powers of the court
to stay proceedings under 3rd Schedule of SCA (para 2).

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MC
• Para 2 3rd Schedule SCA:

“Subordinate courts shall have power to stay

proceedings unless they have been instituted
in the district in which:
(a) the cause of action arose;
(b) the defendant resides or has his place of
business;
(c) one of several defendants resides or has his
place of business;
(d) the facts on which the proceedings are
based exist or are alleged to have occurred; or
(e) it is desirable in the interests of justice that
the proceedings should be had.”

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 original criminal jurisdiction

1st Class MC

s. 85

ALL offences where the

maximum term of Offences punishable with fine
imprisonment provided by only; and
law does not exceed 10
years; or

Offences under s. 392

and 457 Penal Code
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original criminal jurisdiction

1st Class MC

s. 87(1):
Sentencing power

Can pass sentence not exceeding: (a) 5 years

prison; (b) RM10K fine; (c) whipping 12 strokes;
or (d) combination of the above. BUT -

Proviso: MC may exceed the

above limits if there is a law that (2) MC may exceed the above
authorises it to do so – may pass limits for persons with previous
maximum sentence provided in convictions and must record his
the law. reasons for doing so. 18
1st class Magistrate: Sentencing power

• See:
(a) Abdul Wahab v PP [1970] 2 MLJ 203;
(b) Cheong Ah Cheow v PP [1985] 2 MLJ 257;
(c) PP v Govindan a/l Chinden Nair

Examples of cases where MC has issued sentences

exceeding section 87 but was held to be justified under
the proviso to s. 87 and s.87(2).

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 Case 1: Cheong Ah Cheow v PP
• Facts:
Appellant pleaded guilty for the offence under
section 6(3)(a) of the Betting Ordinance. He
was sentenced to 18 months imprisonment
and a fine of $20,000 in default 12 months
imprisonment. He appealed against the
sentence.

• Held:
The magistrate has jurisdiction to award the
full punishment authorised by section 6(3)
because section 18(3) of the Ordinance gave
jurisdiction to the magistrate to impose
punishment greater than the provision in
section 87(1) under the proviso to the section.

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 Cheong Ah Cheow v PP

S. 6(3) Betting Ordinance:

S. 87(1) SCA: MC can
provides for–
impose –
▪ 2 years prison;
▪ 5 years prison;
▪
▪ Fine of RM10K
A fine of $20K

Here, MC awarded –
√18 months prison;
√ $20K fine
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Cheong Ah Cheow v PP

But

S. 18(3) B.O: “Any punishment authorised by this

Ordinance may be imposed by a MC, notwithstanding
that the same be in excess of the punishment which such
Court is ordinarily empowered to impose.

Proviso to S. 87(1) : Provided that where, by any law for the time
being in force, jurisdiction is given to the MC to award punishment
for any offence in excess of the power prescribed by this section, a 1st
class MC may, notwithstanding anything contained herein, award the
full punishment authorised by that law.
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 Case 2: Abdul Wahab v PP

• Facts:
Appellant had been convicted under section
457 of the Penal Code. He had 12 other
previous convictions. MC sentenced him to 2
years imprisonment and 6 strokes of rattan.

• Held:
(a) The HC increased the punishment to 10
years imprisonment by virtue of Section 87(2)
of SCA;

(b) The magistrate has failed to take into

account section 87(2) when passing the
sentence.
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 Abdul Wahab v PP
♦ Sharma J stated:

“…in passing sentence on the appellant with his previous

record the learned magistrate seems to have done what he
thought he was empowered to do to the maximum extent
under the law. But I think the learned magistrate apparently
seems to have made a mistake there.”

“In view of the provisions of section 87(2), I am of the view that

the magistrate was empowered to pass the maximum
sentence provided under section 457 of the Penal Code.”

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original criminal jurisdiction

2nd class MC

s. 88: jurisdiction s.89 : sentencing

power

May pass sentence:

May try offences where the (a) Not more than 6 months
maximum term of prison;
imprisonment does NOT (b) Fine not more than
exceed 12 months; or which RM1K; or
are punishable with fine only. (c) Any combination of the
above.

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 Territorial jurisdictions of Magistrates and Sessions Court :
Criminal Matters

• Section 76(2) of SCA – “…a magistrates’ court shall have

jurisdiction to hear and determine any civil or criminal
matter arising within the local limits of jurisdiction assigned
to it under this section…”;

• Section 59(2) of SCA for Sessions Court.

• See also the Criminal Procedure Code (CPC).

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Territorial jurisdiction

• Section 2 of CPC – defines “local limits of the jurisdiction” of

a magistrates court to mean “the limits of the ordinary
administrative district in which the Court house is situated”;

• Section 9 of CPC – “Subject to the provisions of this Code

every Magistrate shall have cognizance of and power and
authority to-
• (a) hear, try, determine and dispose of in a summary way
prosecutions for offences committed wholly or in part within
the local jurisdiction of such Magistrate…”

• The said provisions in CPC applies to the Sessions Court as

well – See Tengku Abdul Aziz v PP [1951] 1 MLJ 185.
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Territorial jurisdiction

• Section 121 of CPC – “Every offence shall ordinarily be

inquired into and tried by a court within the local limits of
whose jurisdiction it was committed.”

• In Abul Hasan Mohamed Rashid v PP [2021] 2 CLJ 881:

“The Common Law principle is that all crimes are local and are
justiciable by local courts within those jurisdiction they were
committed. This is embodied in section 121 of the CPC.
Therefore, the competency of the court to take cognisance of
or try an offence is determined by the place where the offence
has been committed.”

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So…

Therefore, if the crime is

committed in Johor Bahru
for e.g., then the accused
should be tried in Johor
Bahru court.

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Any questions on Magistrates Courts???

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Sessions courts: preliminary matters

• Established under s. 59 SCA;

• Proceedings are heard and disposed of by a Session

Court judge sitting alone;

• S. 60 of SCA: sessions court judges are appointed from

the Judicial and Legal Service.

• Has – (a) original jurisdiction; and

(b) supervisory jurisdiction.

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SC: Original Civil Jurisdiction

Monetary limits –
s. 65(1)

Can hear matters where the amt in

dispute does NOT exceed RM1M –
s. 65(1)(b) - but

Has unlimited monetary

jurisdiction for motor vehicle
S. 65(1)(a) accidents; landlord and tenant
and distress suits
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SC

S. 65(1) (c)

…jurisdiction to try all actions and suits of a civil nature

for the specific performance or rescission of contracts or
for cancellation or rectification of instruments, within
the jurisdiction of the Sessions Court

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SC: civil jurisdiction
SC shall have jurisdiction to hear the claim when the
s. 65(3) amount of the subject matter exceeds its jurisdiction
if the parties enter into an agreement in writing
consenting to the jurisdiction of SC

s.65(4) Such agreement must be filed in the SC

Chin Saek Cheng v Lee Choo Yong [2011] MLJU 577: P applied to transfer
the case to HC as the D’s counterclaim has exceeded SC’s jurisdiction. HC
remarked that “…the parties could make an agreement under sec. 65(3) to
continue in SC.” 34
SC: counterclaims
► S. 66(1):
• If there is a counterclaim filed by the D which exceeds
the monetary jurisdiction of the SC, the SC may still
hear the P’s claim and the counterclaim;

• However, the SC may not award relief exceeding that

which the SC has jurisdiction to award to the D on the
counterclaim.

► S.66(2):
• In such a case, any party may apply to the High Court
for an order that the action be transferred to the High
Court.
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SC
► S.67: Relinquishing part of claim:
• If the P’s claim exceeds the jurisdiction of the SC, the P
may relinquish part of his claim so as to bring the
matter within the jurisdiction of the SC;

• However, the P cannot, later sue in respect of the

relinquished part.

► S.68: Splitting claims:

• P cannot split his claims to bring more than one action
in respect of the same cause of action against the
same party.
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 SC: Exceptions to Jurisdictions: s.69

♦ S. 69(a) – SC has NO jurisdiction on suits

concerning immovable property, except as provided
in s. 70 and 71;

♦ S. 70 – SC may hear suits on the recovery of

immovable property, which includes claims for rent,
mesne profits or damages;

But – NO jurisdiction if the claim involves a bona fide

question of title unless the parties consent to try the
claim in SC (see s. 70(4) & s. 71).

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S. 70 & 71

Heng Yeow Hua v A Session Court can hear and

Tan Yew Lai & Sons determine any action or suit for
S/B [1982] 1 MLJ recovery of immovable property so
344 long as the title to the property is not
in issue.

(a) The plain meaning s. 70 is that a

SC shall have jurisdiction to try
any action for the recovery of
immovable property regardless of
Wawasan Cempaka the value of the property;
Sdn. Bhd. V Bank (b) the only restriction is sub(4)
Islam Malaysia which provides that such
Berhad [1996] 3 jurisdiction shall not be exercised
MLJ 317 (CA) where the Court thinks that there
is a bona fide question of title
involved.
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Exceptions to jurisdiction (s. 69)

► See also s. 69(e)-(k):

• (e) to enforce trust;

• (f) for accounts;
• (g) for declaratory decrees…;
• (h) for the issue of revocation of grants of representation of the
estates for deceased persons or the administration or distribution
thereof;
• (i) wherein the legitimacy of any person is on question;
• (j) the guardianship or custody of infants;
• (k) the validity or dissolution of any marriage

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Sessions Courts: Original Civil Jurisdiction

Territorial Limits

s. 59 s.99A – see section 2

in 3rd Schedule

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 SC: Territorial Jurisdiction
• S.59 confers the YDPA power to assign local limits of jurisdiction
or if no such limits have been assigned, the subordinate courts
shall have jurisdiction to hear civil or criminal matter arising in
any part of the jurisdiction of the HC;

• Since no local limits have been assigned by the YDPA, the

Subordinate courts in Malaya will have jurisdiction to hear
cases arising in Malaya and the subordinate courts in Sabah
and Sarawak will have local jurisdiction to hear cases arising in
Sabah and Sarawak subject however to powers of the court to
stay proceedings under 3rd Schedule of SCA (para 2). (refer to
slides on MC)

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SC: Original Criminal Jurisdiction

Sessions Court

s. 63: s. 64:
Offences Sentences

SC may try ALL offences

except those punishable SC may pass any sentence
with DEATH. except DEATH SENTENCE.

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Territorial jurisdiction of Sessions Court:
Criminal Matters

See slides on
Magistrates’
Court

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 SC: Supervisory Jurisdiction

s. 54

SC may call and examine records of civil proceedings of

a MC to check on correctness, legality or proprietary
of decision passed; and

If SC judge finds evidence of irregularity, he

shall forward the record with his remarks
to the HC

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SC: Supervisory jurisdiction

• What can the High Court do?

• See section 33 of the Courts of Judicature Act :–

“…HC may give such orders thereon, either by

directing a new trial or otherwise, as seems
necessary to secure that substantial justice is done.”

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The End

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