Chapter 4 :

JUDICIAL
SYSTEM
By Lim Jing Xie
LAW245 Malaysia Legal System
Learning Outcome
• Differentiate the different types of courts
• Explain the composition and jurisdiction of the courts
• Describe the courts with special jurisdiction.
Definition
Court : place to administer justice/ formal platform to settle
disputes between individuals or individuals & states
Judiciary : branch of government, having the judicial power
Jurisdiction : the power of the court or judge to hear and
decide a case or to make a particular order
Original jurisdiction : the right of court to try case for the first
time.
Appellate Jurisdiction : power to consider a case after the
case has been decided by a lower court.
Supervisory Jurisdiction : power of higher court to control
activities of subordinate courts or tribunal.
Classification of Courts
Superior Courts :
• Federal Court
• Court of Appeal
• High Court

Inferior/ Lower Court

• Session Court
• Magistrate Court
1. Federal
Court
Article 121 (2) Federal Court
“There shall be court which shall be known as the
Mahkamah Persekutuan (Federal Court) and shall
have its principal registry at such place as the
YDPA may determine…”

Part IV of Court of Judicature Act 1964 (CJA 1964)

 Chief Justice (President of the Court)

President of Court of Appeal

Compositi Chief Judge of High Court of Malaya
on
Chief Judge of High Court of Sabah & Sarawak

Seven (7) Federal Court judges

Proceedings
• Section 74 of CJA 1964 :
• (1) Subject as hereinafter provided, every proceeding
in the Federal Court shall be heard and disposed of by
three Judges or such greater uneven number of
Judges as the Chief Justice may in any particular case
determine.
• (2) In the absence of the Chief Justice, the most senior
member of the Court shall preside.

• Usually sits in bench of 5 judges

• For important/ complex/ rare cases – full bench 7
judges
• Decision by majority
Jurisdiction
1. Original (both civil and criminal)
Power to hear a case for the first time

Article 128. (1)

The Federal Court shall, to the exclusion of any other court,
have jurisdiction to determine in accordance with any rules of
court regulating the exercise of such jurisdiction—
a) any question whether a law made by Parliament or by
the Legislature of a State is invalid on the ground that it
makes provision with respect to a matter with respect to
which Parliament or, as the case may be, the Legislature
of the State has no power to make laws; and
b) disputes on any other question between States or
between the Federation and any State.
May also exercise a consultative jurisdiction when the need
arises.
 Jurisdiction
2. Appellate
To hear and determine civil and criminal appeals

Article 128 (3)

(3) The jurisdiction of the Federal Court to determine appeals from the
Court of Appeal, a High Court or a judge thereof shall be such as may be
provided by federal law

Civil :
Section 96 of CJA 1964
An appeal can be made from the Court of Appeal to the FC with the
leave of the FC.
Appeal from any judgement or order of the COA concerning any cases
from the original jurisdiction of the High Court or from any decisions as
to the effect of any provisions of the Federal Constitution including the
validity of any written law concerning any such provisions.
Jurisdiction
Criminal
Section 87 (1) CJA
• Jurisdiction to hear and determine any appeal from any decision of
the COA in respect of any criminal matter decided by the High
Court in its original jurisdiction.
• Appeal may lie on a question of fact or of law, or of mixed fact and
law
• Appeal against acquittal, court may issue warrant directing the
accused be arrested or brought before it and to remand him to
prison, pending the disposal of the appeal, or admit to bail
On hearing of the appeal, court may confirm, reverse or vary the
decision of the COA or may order re-trial or may remit matter to the
High Court.
Court also may if it thinks that different sentence should have been
passed, quash the sentence passed, confirm or varied by the COA
and pass such other sentence warranted in law.
 Jurisdiction

3. Reference/ Revisionary
Jurisdiction to decide a question which has arisen in another court
concerning the interpretation or effect of any provision of the Federal
Constitution. Once decided, the court shall remits the case to the
trial courts to be disposed of in accordance with that decision.
Pending a decision by the court, the trial court may stay proceedings.

4. Advisory
To give opinion on any question referred to it by the YDPA pertaining
to any provision of the Federal Constitution which has arisen or
appears likely.
2. Court of
Appeal
Article 121 (1B) Federal Court
There shall be a court which shall be known as the Mahkamah Rayuan
(Court of Appeal) and shall have its principal registry at such place as the
Yang di-Pertuan Agong may determine, and the Court of Appeal shall have
the following jurisdiction, that is to say—
(a) jurisdiction to determine appeals from decisions of a High Court or a
judge thereof (except decisions of a High Court given by a registrar
or other officer of the Court and appealable under federal law to a
judge of the Court); and
(b) such other jurisdiction as may be conferred by or under federal law.

PART III Courts of Judicature Act 1964

 President of the Court of Appeal
(Chairman)

Compositi
Compositi Ten (10) judges
on
on
HC judges may sit if President thinks
that the interest of justice requires
Proceedings
• Every proceedings shall be heard and disposed by 3
judges or any greater number of judges as the
President may determine, but must be of uneven
numbers.
• Decisions shall be by majority.
Jurisdiction
• Has appellate jurisdiction over criminal
and civil cases
• Hear and determine any criminal appeal
against any decision made by the High
Court
• May also consider appeals decided by
the High Court relating to matters
decided by the Magistrates Court but it
will be confined only to question of law.
• Appeal must be within 14 days after
judgement given.
Jurisdiction of
COA
Civil Appeal Cases :
• Has jurisdiction to hear and
determine civil appeals for cases
where the amount or values of the
subject matter of the claim is more
than RM250,000.
• If the amount is less than
RM250,000 the parties must get the
permission from the Court of
Appeal.
Jurisdiction of
COA
Criminal Appeal Cases :
• Has jurisdiction to hear and
determine any appeal against the
decisions of the High Court.
3. High Court
Article 121. (1)
There shall be two High Courts of co-ordinate jurisdiction and
status,
namely—
(a) one in the States of Malaya, which shall be known as the
High Court in Malaya and shall have its principal registry at
such place in the States of Malaya as the Yang di-Pertuan
Agong may determine; and
(b) one in the States of Sabah and Sarawak, which shall be
known as the High Court in Sabah and Sarawak and shall have
its principal registry at such place in the States of Sabah and
Sarawak as the Yang di-Pertuan Agong may determine

Part II Courts of Judicature Act 1964

 Chief Judges (each of the 2 High
Courts is headed by a Chief Judge)

47 judges in the High Court of Malaya

Compositi
Compositi
on
on 10 Judges in the High Court of Sabah
& Sarawak
A person qualified for appointment as a judge of the HC must be a
citizen and 10 years preceding his appointment, he has been an
advocate of the court or a member of the judicial and legal service of
the Federation or legal service of the State, or both.
 Jurisdiction
• Original Jurisdiction :
Both criminal & civil powers.
For civil suits : claim exceeds RM1 million, motor vehicle accidents,
landlord & tenant disputes, distress matters.

• Appellate jurisdiction
Hears criminal & civil matters from the Magistrate & Sessions
courts.

• Revisionary & Supervisory jurisdiction

Has power to revise criminal proceedings in the subordinate court,
to call or examine record of proceeding of any civil matters before
any subordinate court.
Review decisions made by administrators or admin adjudicating
bodies (eg : tribunal)
4. Sessions
Court
Section 59 Subordinates Court Act 1948 (SCA)
(1) The Yang di-Pertuan Agong may, by order, constitute so
many Sessions Courts as he may think fit and shall have
power, if he thinks fit, to assign local limits of jurisdiction
thereto.
(2) Subject to this Act or any other written law, a Sessions Court
shall have jurisdiction to hear and determine any civil or
criminal cause or matter arising within the local limits of
jurisdiction assigned to it under this section, or, if no such
local limits have been assigned, arising in any part of
Peninsular Malaysia.
(3) Each Sessions Court shall be presided over by a Sessions
Court Judge appointed by the Yang di-Pertuan Agong on the
recommendation of the Chief Judge.
(4) Sessions Courts shall ordinarily be held at such places as the
Chief Judge may direct, but should necessity arise they may
also be held at any other place within the limits of their
jurisdiction. Qualifications of Sessions Courts Judges
 Members- Sessions court judge

Per sitting (per trial) – one judge

Compositi
Compositi
Section 60 SCA : No person shall be appointed to
be a Sessions Court Judge unless he is a member of
on
on the Judicial and Legal Service of the Federation:
Section 63 SCA : A Sessions Court shall have
jurisdiction to try all offences other than offences
punishable with death.
Section 64 SCA : A Sessions Court may pass any
sentence allowed by law other than the sentence
of death
Sessions Court Jurisdiction
Criminal Jurisdiction
Extends to all offences other than offences punishable with death.

Civil matters
• Section 7 (a) (i) SC(A) A 2010 :
• It has jurisdiction to try all actions & suits where the amount in
dispute or value of the subject matter which does not exceed
RM1,000,000.00
• All actions & suits of a civil nature for the specific performance
or recession of contracts or for cancellation or rectification of
instruments within the jurisdiction of Sessions Court
5. Magistrates’
Court
Section 76 Subordinates Court Act 1948 (SCA)
(1) The Yang di-Pertuan Agong may, by
order, constitute so many Magistrates'
Court as he may think fit, and shall have
power, if he thinks fit, to assign local
limits of jurisdiction thereto.
 Members- First Class (legally qualified)
Second class (civil servants & court officials)

Per sitting- one magistrate

Compositi
Compositi Section 76 (1) SCA : No person shall be appointed to be a
Sessions Court Judge unless he is a member of the Judicial
on
on and Legal Service of the Federation:

Section 76 (2) SCA : Subject to this Act or any other written law, a Magistrates' Court shall
have jurisdiction to hear and determine any civil or criminal cause or matter arising
within the local limits of jurisdiction assigned to it under this section, or, if no such local
limits have been assigned, arising in any part of Peninsular Malaysia: Provided that no
Magistrate shall have jurisdiction to hear or determine any cause or matter arising in any
State in and for which he has not been appointed to be a Magistrate save in the manner
and to the extent provided in the Criminal Procedure Code [Act 593] and the law for the
time being in force relating to civil procedure.
First Class Magistrate
• Shall have jurisdiction to try all criminal offences for which the
maximum term of imprisonment provided by law does not exceed 10
years imprisonment or which are punishable with fine only.
• It may pass any sentence allowed by law not exceeding :
a) 5 years imprisonment;
b) A fine of RM10,000.00;
c) Whipping up to 12 strokes; or
d) Any sentence combining any of the sentences aforesaid.

First class magistrate may try all civil action where the amount of dispute
does not exceed RM100,000.00 of the section SC(A) A 2010.
Second Class Magistrate
• May try criminal offences where the maximum punishment
does not exceed 12 months’ imprisonment or with fine only.
• May pass sentence allowed by law :
a) Not exceeding 6 months imprisonment
b) A fine not more than RM1,000.00
c) Any sentence combining either of the sentence aforesaid.

Magistrate may try original actions of civil nature where the

plaintiff seek to recover debt or liquidated demand on money
from defendant not exceeding RM10,000.00- section 13 of
SC(A) A 2010.
Tutorial Question
(Example)
• Explain the composition and the jurisdictions of
the superior courts in Malaysia. (25 marks)
• Explain the composition and the jurisdictions of
the subordinate courts in Malaysia. (25 marks)
Tutorial Question
(Example)
• Identify and discuss the compositions & jurisdictions
of the Malaysian courts for the following :
a) Jane is separated from her husband and wishes to
get a divorce and custody of her four (4) students.
(Group 1 & 2)
b) Mickey is unable to pay hisloan instalment of
RM13,000 with Bank Mesra. Bank Mesra plan to
take legal action against him. (Group 3 & 4)
c) The state of Kedah plans to sue the Federal
Government for breach of contract. (Group 5 & 6)
THANK YOU
ANY QUESTIONS??