Compare and Contrast The Reception of English Law
Compare and Contrast The Reception of English Law
CONTRAST THE
RECEPTION OF ENGLISH
LAW IN STRAITS
SETTLEMENT, MALAY
STATES AND BORNEO
STATES.
INTRODUCTION
SIMILARITIES
(1867)
Malay States: S.2(1) Civil Law Enactment 1937
Sabah: Civil Law Ordinance 1938
Sarawak: Laws of Sarawak Ordinance 1928
DIFFERENCES
Malay States
British-protected states
where rulers are still in
reign of respective states
but exercise of
administration was made
by British residents (FMS)
and advisors (UMS) except
matters pertaining to Islam
and Malay.
BORNEO STATES
Sabah
Sarawak
SOURCES OF LAW
Straits Settlement
Customary
Malay States
Customary
SOURCES OF LAW IN
BORNEO STATES
Customary law and native law
Case: Kho Leng Guan v. Kho Eng Guan (192841)-Sarawak
INFORMAL RECEPTION OF
ENGLISH LAW
STRAITS
SETTLEMENT
Regulation of 1794
(Penang)
The Memorandum
(Singapore)
MALAY STATES
Residental System
(Federated Malay States)
Advisory System
(Unfederated Malay States)
INFORMAL RECEPTION OF
ENGLISH LAW IN BORNEO
STATES
Sabah and Sarawak remained under private
administration :
Sabah:- North Borneo Company
Sarawak :- Brooke Family
FORMAL RECEPTION OF
ENGLISH LAW
Straits Settlement
Malay States
Legislation
English Statutes
Indian Statutes
BORNEO STATES
Sarawak
Sabah