...The Federal Court of Malaysia is the highest judicial authority and the final court of appeal in Malaysia. The country, although federally constituted, has a single-structured judicial system consisting of two parts - the superior courts and the subordinate courts. The subordinate courts are the Magistrate Courts and the Sessions Courts while the superior courts are the two High Courts of co-ordinate jurisdiction and status, one forPeninsular Malaysia and the other for theStates of Sabah and Sarawak, the Court of Appeal and the Federal Court. The Federal Court, earlier known as the Supreme Court and renamed the Federal Court vide Act A885 effective from June 24, 1994, stands at the apex of this pyramid. There are generally two types of trials, criminal and civil. The hierarchy of courts begins from the Magistrates' Court, Sessions Court, High Court, Court of Appeal, and finally, the Federal Court. The jurisdiction of the courts in civil or criminal matters are contained in the Subordinate Courts Act 1948 and the Courts of Judicature Act 1964. Article 121 of the Constitution provides for two High Courts of coordinate jurisdiction, the High Court in Malaya, and the High Court in Sabah and Sarawak. Thus this creates two separate local jurisdiction of the courts for Peninsular Malaysia and for East Malaysia. The highest position in the judiciary of Malaysia is the Chief Justice of the Federal Court of Malaysia (also known as the Chief Justice of Malaysia), followed by the President...
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...The laws of Malaysia can be classified into two types of laws, which are written law and unwritten law. Written laws are the Malaysia’s most important source of law. These written laws are made up of Federal Constitution, Acts of Parliament and Enactments, and subsidiary/delegated legislation. Unwritten laws are laws which are not enacted by the legislature (Parliament and State Assemblies) and not found in the constitution, both federal and state. This is known as the English common law and the rules of equity. In case, if there is no law governing a particular circumstance, Malaysian case law may apply. If there is no Malaysian case law, English case law can be applied in accordance with the Civil Law Act 1956 (Revised 1972) only in the absence of local statues on the particular subject matter. It is mean that the common law and the rules of equity can be modified and should not follow the same law as administered in England. Common law and the rules of equity can be developed and amended according to the local needs. S3(1) of the Civil Law Act 1956 statutorily provides that only the part of the English Law that is suited to the local circumstances are to be applied : I. West Malaysia - the English common law and the rules of equity and statues of general application in England as 1 December 1951. II. Sabah – the English common law and the rules of equity and statues of general application in England as at 1 December 1951. III. Sarawak – the English common law and...
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...INTRODUCTION TO LAW II BY: ARIFF HAFIZI BIN MOHD RADZI GROUP: LWA02E Explain the features found in a Civil Law System and a Common Law System. (20 marks) Legal system is basically defined as a system for interpreting and enforcing the law. According to Wu Min Aun, a legal system is a framework of rules and institutions within a nation, regulating the individual’s relation with others and between the individuals and the government. Two most prevalent legal systems in the world are Civil Law System and Common Law System. Firstly, common law is law that became common to the realm which developed in medieval England. It mainly uses evolving bodies of case (judge-made) precedents. Example of countries which applies this type of system is Australia, United Kingdom and India. On the other hands, the civil law carries the meaning of citizen law which said to be derived the word jus sivil (citizen law). It is mainly developed from Roman Law and Emperor’s Justinian’s Code. Countries which use this type of legal system are mainly located in the European continent, for example; France and Italy. This legal system uses codified (or statute) laws which comes from the parliament. Basic feature of the common law system is that, its primary source is case law, neither statutes nor legislation. Legal principles from previous cases are applied to similar facts in later cases. On the other hand, civil law regards statutes/codes as its primary and only official sources. Law are codified...
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...perpetrators can exploit traditional vulnerabilities in seconds. They can also take advantage of new weaknesses in the software and hardware architectures that now form the backbone of most organisations including the Government. Hence, in order to protect the security of user in communication and multimedia industry, the Malaysia Government have enforce several Acts and regulatory framework. All the regulatory frameworks will be discuss further in this report. DISCUSSION. Malaysia was one of the earliest countries to introduce a specific set of laws covering the Internet. These laws known as Cyber Laws which enacted in 1997. The government include the Computer Crimes Act 1997, the Digital Signature Act 1997, and the Telemedicine Act 1997 in Cyber Laws. The Malaysian Communications and Multimedia Act 1998 or CMA was also enacted as the regulatory arm for the Ministry of Energy, Communications and Multimedia namely, the Communications and Multimedia Commission in 1998. This Commission purpose was to regulate communications and multimedia activities. The CMA provides for a regulatory framework to enhance the rapid growth of the communication and multimedia industry in Malaysia. The CMA also had been enacted to replace previous regulatory such...
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...“The only source of law in Malaysia is the Federal Constitution” Do you agree? Discuss. State the relevant section and case law wherever relevant. Equity Equity Federal Constitution Federal Constitution Customs Customs Judicial Precedents Judicial Precedents English law English law State Constitutions State Constitutions Common law Common law Legislation Legislation Subsidiary Legislation Subsidiary Legislation According to the table above, we don't agree that the Federal Constitution is the only source of law in Malaysia. State constitution The constitution is the Supreme Law of Malaysia. Federal constitution is the highest law of the land. Besides the Federal constitution, which applies to all states in the Federation. Each state also possesses its own constitution regulating the government of that state. The state constitution contains provisions which are enumerated in the Eighth Schedule to the Federal constitution. Some of these provisions include matters concerning the Ruler, the Executive Council, the Legislature, the legislative Assembly, financial provisions, State employees, and amendment to the Constitution. If such essential provisions are missing, or if any provision is inconsistent with them, Parliament may make provision to give effect to them or to remove any inconsistencies, as the case may be ---Article 71, Federal constitution (Lee&Ivan, 2014). English law English law is used as a sources of law which was provided...
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...a) Sources of law is the authority from which the law derives their forces. It also can define as legal rules that make up the laws in Malaysia. The sources of law in Malaysia can be divided into two types, which are written laws and unwritten laws. Written law is the law that has been enacted by the legislature or constitutions while unwritten law is the law that has not been enacted by any legislature or constitutions. Written law consists of three sources, which is Federal and State Constitution, Federal and State Legislation, and Subsidiary Legislation. Firstly, Federal Constitution is the supreme law of the land of the country by virtue of Article 4 of said constitution; any laws passed after Merdeka Day which is inconsistent...
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...In English law if other than the promisee provide consideration, then the promise could not be enforce by the law. This problem usually may arise when third party involve. For example in the case of Price v Easton (1833), In this case X are doing work for Easton and Easton make a contract with X. In return for X services Easton would pay a price of $19 to Price. The work was done by X but Easton didn’t make any payment to Price and Price sue Easton. Court held that Price claim failed as he didn’t make any consideration. However under the Malaysia law third party of promise are allowed to provide consideration. Section 2(d) of contract Act 1950 define consideration as “when at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something such act or abstinence or promise is called a consideration for the promise”. For example in the case of Kerpa Singh v Bariam Singh [1966], The defendant own RM8,869.94. In order to settle the debt the defendant son offer a cheque to plaintiff RM4,000 in full settlement for his father debt. The plaintiffs cash the cheque and demand for the balance of the debt. The federal court ruled that as the plaintiff cash the cheque. It is consider that the plaintiff has acceptance the defendant son offer in full satisfaction preclude the plaintiff to claim the balance of the debt. This means that, for an agreement to be binding...
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...English Law (Common law) Common Law is a major part of many States, especially Commonwealth countries. The common law is based on the principle of deciding cases by reference to previous judicial decisions, rather than to written statutes drafted by legislative bodies. The decisions came from English Common Law courts and are essential case law made by English judges. It is based on tradition, past practices and legal precedents set by courts through interpretation of statues, legal legislation, and past rules. The existence on English Common Law assists judge to decide cases when Statute is not adequate to cover the situation. Section 5 of the Criminal Procedure Code states that English law shall be applied in cases where no specific legislation has been enacted. However, only the relevant part which is suited to the local needs and circumstances applies. Consequently not all English laws are applicable in Malaysia. This can be look at the formation of Malaysian law is not totally by English law indicating that not all English laws are applicable in Malaysia. The application of English Common law could be illustrated by the situation when there is no law governing by a particular circumstances, Malaysia case law can be applied. If there is no Malaysian case law, English case law can be applied. In the case “Commonwealth of Australia v. Midford (Malaysia) Sdn. Bhd”, it was held that the doctrine of sovereign or crown immunity which was developed in English Common Law after...
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...[Please do not circulate or cite without permission] Written Constitutions and Unwritten Constitutionalism Mark D. Walters Faculty of Law Queen’s University February 2007 To Be Published In: Grant Huscroft (ed.), Expounding the Constitution: Essays in Constitutional Theory (Cambridge University Press, forthcoming) I. Introduction Defending the idea of ‘unwritten law’ has never been easy. Jeremy Bentham thought the very expression to be a ‘paradoxical and unmeaning epithet’.[1] In his view, social reform required ‘fixed and accurate’ laws—laws that ‘[w]e see, we hear, we touch; in short we handle…’[2] This empirical concept of law follows from the ideal of law as something produced by conscious acts of sovereign will. Central to this concept are, to use H.L.A. Hart’s expression, ‘rules of change’ that permit societies to escape the confines of ‘primitive’ custom.[3] The progressive march of legal theory, it may be said, has been away from medieval notions of law as customs practiced time out of mind or as the immutable dictates of natural law, away from the fiction that judges discover rather than make law, and towards modern notions of law as creative political acts recorded in writing. In terms of constitutional law, this march leads to the idea of written constitutionalism, a destination that the rebelling American colonists are often said to have reached first.[4] It was a task especially ‘reserved’ to the American people, wrote...
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...Sustainable Energy Development Authority SUSTAINABLE ENERGY DEVELOPMENT AUTHORITY BILL 2010 ARRANGEMENT OF CLAUSES PART I PRELIMINARY Clause 1 1. 2. Short title and commencement Interpretation PART II THE AUTHORITY 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Establishment of the Authority Common seal Membership of the Authority Temporary exercise of functions of the Chairman Schedule Approval to hold other offices Tenure of office Remuneration and allowances Revocation of appointment and resignation Vacation of office Committees Disclosure of interest PART III FUNCTIONS AND POWERS OF THE AUTHORITY 15. 16. 17. 18. 19. 20. 21. Functions of the Authority Powers of the Authority Additional functions of the Authority Delegation of the Authority’s functions and powers Direction by Minister Returns, reports, accounts and information Authority may establish and participate in bodies corporate 2 Bill PART IV EMPLOYEES OF THE AUTHORITY Clause 22. 23. 24. 25. 26. 27. 28. The Chief Executive Officer Temporary exercise of functions of Chief Executive Officer Appointment of employees of the Authority Conditions of service Payment of retirement benefits, etc. Loans, scholarships and advances Authority may adopt regulations, etc. PART V FINANCE 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. The Sustainable Energy Development Authority Fund Expenditure to be charged on the Fund Conservation of the Fund Bank accounts Power to borrow Investment Limitation on...
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...THE CONSTITUTION OF MALAYSIA The Constitution is a document that contains the highest laws of the country. No other law can contravene the constitution. The Federal Constitution (Malaysia) we have today is based on the Constitution of the Federal of Malaya presented by the Reid Commission in 1957. The 1957 document was amended to suit the requirements of the enlarge federation and put into effects as the Constitution when Malaysia was proclaimed on 16 September 1963. SOURCE OF LAW IN MALAYSIA WRITEN: - Federal Constitution - Act ( laws enacted) - Enactment/ Ordinance - Written Islamic Law - Minor Legislations UNWRITTEN: - Customary Law - Court decisions - Common Law - Unwritten Islamic Law FEDERAL CONSTITUTION & STATE CONSTITUTIONS Malaysia is a federation of 13 states and the Federal Territories of Kuala Lumpur, Labuan and Putrajaya. The country has a central federal government and 13 states governments. The Federal Constitution provides for a separation of powers between the federal government and the respective state governments. This power separation is aimed at ensuring the smooth operation of the federal system and the avoidance of disputes that may arise between the central government and a state government. The extent of the Federal Government’s power is mentioned in the Federal List. Federal List - Foreign Affairs - Defense - Internal Security - Legal and civil agendas and crime and...
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...is set at Vietnam and factory too. Our companies have produces so many sport item example basketball, football, badminton and so on. The more of the item we produce is sporting shoe. Except shoe, we also produce clothes, pants, stockings, basketball, racket and so on. Sporting Cloths of Men Basketball Shoe Gym Beg Vietnam is our home country, the main I choosing Vietnam is because of the material to produce our product is more cheaper than other country, second is the money exchange rate of Vietnam is more lower than other country, example Malaysia, US, UK, Singapore and so on. Today, we wanted to introduce a new product. The first country of we aim to sale this product is Malaysia. Because we getting know about have so many Malaysian like sport but their home economy is no allow of them to buy a shoe for sport. So that we create an ideal on produce a beautiful, performance and lower price to design a sporting running shoe. Even are rice family or poor family, they also can enjoy about the delight of sport in mood relax and happy. So that our design team group try hand for research the suit material for doing this ideal. New Product Introduction of EKIN The new product is name SPS I. Our new product is design with two colours and addition our brands logo at beside in one of the shoe. The base of the shoe is with black colour and the body of the...
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... Rangkian Hotel Seri Malaysia(RHSM) was established in April 1994 to manage a simple cost hotel chain in the country. The company has a paid up capital of RM131.34 million. A total of RM118.93 million (90.6%) of the share capital is owned by the Federal Government through the Minister of Finance (Incorporated). The other shareholders are the State where the Hotel Seri Malaysia. To safeguard the interests of the Federal Government and the State Government, RHSM is responsible for determining policy for hotel management and franchise system to make sure the policy adhered to by the parties. Type of business The franchise system called System Francais Hotel Seri Malaysia has several main objectives include encouraging small entrepreneurs, especially Bumiputera entrepreneurs to venture into the tourism industry; provide simple accommodation for local and international tourists as well as improve the quality of services provided by the hotel in addition to the category of simple be a catalyst for private entrepreneurs to invest in this area. Section 6 (d) of the Audit Act 1957 requires the Auditor General to conduct an audit to assess whether the activities of Government managed efficiently, economically and in line with objectives. The audit included various activities such as construction, maintenance, law enforcement, procurement, asset management, tax management and improvement of socio-economic program. Under the Hotel Seri Malaysia Franchise System, Franchisor...
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...RELIGION IN MALAYSIA HISTORY OF MALAYSIA Situated in the heart of Southeast Asia at one of the world's major crossroads, Malaysia has always been pivotal to trade routes from Europe, the Orient, India and China. It’s warm tropical climate and abundant natural blessings made it a congenial destination for immigrants as early as 5,000 years ago when the ancestors of the aborigines, the indigenous peoples of Peninsular Malaysia, settle here, probably the pioneers of a general movement from China and Tibet. They were followed by the Malays, who brought with them skills in farming and the use of metals. As the beginning of Ancient Malaysia, the- Negrito aborigines are considered to be one of the first groups of people to inhabit the Malaysian peninsula. When the Proto-Malays, made up of seafarers and farmers, came to the peninsula they sent the Negritos into the jungles and hills. The Proto-Malays came from China and were technologically advanced, especially in comparison to the Negritos. After the Proto-Malays came the Deuteron-Malays, which were made up of many different people - Arabs, Chinese, Indians, Proto-Malays, and Siamese. The Deuteron-Malays were proficient in their use of iron and when they united with Indonesians, they combined to make up the people known today as the Malay. Around the first century BC, strong trading links were established with China and India, and these had a major impact on the culture, language and social customs of the country. During this...
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...Bond Law Review Volume 15 Issue 1 Special Issue: Comparative Corporate Governance 7-1-2003 Article 13 Corporate Governance in Malaysia Kamini Singam Recommended Citation Singam, Kamini (2003) "Corporate Governance in Malaysia," Bond Law Review: Vol. 15: Iss. 1, Article 13. Available at: http://epublications.bond.edu.au/blr/vol15/iss1/13 This Article is brought to you by the Faculty of Law at ePublications@bond. It has been accepted for inclusion in Bond Law Review by an authorized administrator of ePublications@bond. For more information, please contact Bond University's Repository Coordinator. Corporate Governance in Malaysia Abstract This article examines the corporate governance system in Malaysia. A sound corporate governance system should help create an environment conducive to the efficient and sustainable growth in the Malaysian corporate sector. Since the Southeast Asian financial crisis in 1997 – 98 (‘financial crisis’), corporate governance has become a key policy issue confronting many Southeast Asian countries, including Malaysia. This article considers the distinctive problems of corporate governance in Malaysia, despite several steps for reform that have taken place since the financial crisis. There will be a brief discussion on the meaning of corporate governance and an overview of the present status of corporate governance in Malaysia, in particular after the financial crisis. Keywords corporate governance, Malaysia, Southeast Asian financial...
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