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Malaysian Legal System

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Outline the provision of Charter of Justice 1807 Royal Charter of Justice refers to the permission granted by British crown for a statutoryreception which gives power to the East India Co. to operate a competent English legal system andestablish reception of English common law. There are 3 charters of justice granted in history and thefirst is in 1807 in Penang and this charter established that all civil and criminal matters to be exercised byPenang. The second charter is in 1826 and the third charter was granted in 1855. The law that shallapply is English law as administered in England on March 1807 and the application of law subject to localcircumstances. The charter also created the Court of Judicature of Prince of Wales. A Recorder wasappointed to act as judge to the court established. This statutory reception introduced and affirmed thestatus of English law and undoubtedly the tool of the colonial advancing through the Penang. In the case of Fatimah v Logan 1871, the court describe Penang as a desert and uninhabitedisland and without any fixed legal institution and since the Sultan of Kedah never exercise his power onPenang, therefore the territory is considered as terra nullius and without a Lex Loci. It was ruled that thelaw of Penang is common law.Outline the provision of Charter of Justice 1826 Royal Charter of Justice refers to the permission granted by British crown for a statutoryreception which gives power to the East India Co. to operate a competent English legal system andestablish reception of English common law. The first Charter of Justice was granted in 1807 for astatutory reception of English Law in Penang. This second charter in 1826 extends the hand of Englishcommon law to the territory of Malacca and Singapore while Penang receives English law for secondtime. The charter established that all civil and criminal matters to be exercised respective...

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