MALAYSIAN LEGAL SYSTEM (WLW20103)

HIERARCHY OF COURTS IN
MALAYSIA
This
by: Reenu & Valrin
HISTORICAL DEVELOPMENT OF
JUDICIAL SYSTEM IN MALAYSIA 1994
Modern system reforms in judiciary:
(i) 3 tier system of courts introduced
(ii) 2 tier appeal process established
(iii) The tile of Lord President is changed to
1808 Supreme Court was introduced in parallel with the 1 st Charter of Justice (1807) Chief Justice
(iv) In 1995, the cessation of trial by jury
A centralized judiciary is established for the Straits Settlements (Penang, and accessors
1826 Malacca, Singapore) under the 2 nd Charter of Justice
Supreme Court was replaced with the
1855 3 Charter of Justice was introduced where it separated the centralized into 2:
rd
1964-1993 Federal Court and 3 high court of
(i) Penang & Malacca coordinate jurisdiction.
(ii) Singapore In 1965, Singapore departed from M’sia
leaving the remaining High Court of Malaya
and High Court of Borneo in place
1868 The judiciary is separated from the executive

Inferior Courts are established:

1878 (i) Magistrate Court
(ii) Coroner’s Court
Federal Constitution gave new powers to
1963 judges, retain provisions of appeal to Privy
1921 First appeal case from Johor brought before Privy Council, UK Council but made no changes to the
Subordinate Courts

1946 The courts of Ordinance was introduced and changed from Inferior Courts to Subordinate Courts

Supreme Court composed of High Court and Court of Appeal under the 1948 Agreement. Independence of M’sia brought into existence
1948 Decision of Court of Appeal is appealable to Privy Council 1957 the Federal Constitution in 1963
Hierarchy of Courts in
Malaysia
COURT FEDERAL
CONSTITUTION
JURISDICTIONS

REFERENCES

COURTS OF
JUDICATURE ACT 1964
JURISDICTION OF SUPERIOR COURTS
Federal Court

Highest judicial authority and the final

court of appeal in Malaysia

Heard by three judges or such a greater

uneven number of judges as the chief Justice Decision binds all the courts
may determine in some particular cases below

Consists of Chief Justice, President of the

Court of Appeal, the two Chief Judges of the
High Courts in Malaya and Sabah and
Sarawak and presently six Federal Court
judges.
 Jurisdictions of the Federal Court
Has the exclusive jurisdiction to determine:
All civil and criminal appeals from the Court of Appeal
In civil appeals, a litigant may appeal on a point of low the rejection or admission of
evidence in lower court. In criminal cases’ an appeal may be made against acquittal
or conviction or against sentence on a point of law or fact

Disputes on any other question between States or between the Federation and any State
(Article 128(1) of the Federal Constitution)

Any constitutional questions which have arisen in the proceedings of the High Court but referred to the Federal
Court for a decision

The YDPA may refer to the Federal Court for its opinion any question as to the effect of any provision of this
Constitution which has arisen or appears likely to arise, and the Federal Court shall pronounce in open court its
opinion on any question so referred to it
 JURISDICTION OF SUPERIOR COURTS
Court of Appeal
Headed by the An appellate court of the
The second highest President of the Court of judiciary system in Malaysia and
court in the Appeal and constitutes up Has no power to
to ten Court of Appeal has jurisdiction to hear appeals
hierarchy below the review, re-open or
Judges. Every proceeding in against any High Court decision
Federal Court re-hear any appeal
the Court of Appeal shall relating to criminal matters. In
has been heard and
be heard and determine by civil matters also the court of
disposed of by the
three judges or such a Appeal has jurisdiction to hear
Court of Appeal
greater uneven number and determine
The final court of of judges
appeal on matters
decided by the High
Court in its appellate However, no appeal 1. If the amount or
or revisionary shall be brought to value of the subject
4. Where by virtue of
2. The judgment or
jurisdiction the Court of Appeal
matter of the claim is
order is made by
3. The judgment or any written law the
less than RM250, 000 order relates to costs judgment or order of
in the following except with the leave consent of parties
only the High Court is final
cases: of the Court
 JURISDICTION OF SUPERIOR COURTS
HIGH COURT

• The two High Courts in Malaysia have general supervisory and revisionary jurisdiction over all the Subordinate
Courts, and jurisdiction to hear appeals from the Subordinate Courts in civil and criminal matters

• The High Courts have unlimited civil jurisdiction, and generally hear actions where the claim exceeds RM1,000,000, other
than actions involving motor vehicle accidents, landlord and tenant disputes and distress. The High Courts hear all matters
relating to:
1. the validity or dissolution of marriage (divorce) and matrimonial causes,
2. bankruptcy and matters relating to the winding-up of companies,
3. guardianship or custody of children,
4. grants of probate, wills and letters of administration of estates,
5. injunctions, specific performance or rescissions of contracts,
6. legitimacy of persons.
Have unlimited jurisdiction in all criminal matters other than matters involving Islamic law

Have original jurisdiction in criminal cases punishable by death

Heard by a single judge / judicial commissioner. While High Court judges enjoy security of tenure, judicial commissioners are
appointed for a term of two years, and do not enjoy similar protection under the Constitution
Case Law Federal Court

Court of Appeal
1. Federal Court: Lina Joy case (2007)
A woman named Lina Joy, who had renounced Islam and embraced Christianity, applied to remove High Court
the word “Islam” from her identity card.
The National Registration Department (NRD) refused her application, insisting that she must produce
a certificate of apostasy issued by the Shariah court. The case went through the High Court, the Court
of Appeal and even the Federal Court, where the NRD’s position was upheld.

2. Court of Appeal: Khamis and Ors v State Government of Negeri Sembilan and Ors
The Appellants were described in the case as Muslim men who were not “normal males” because
they have “Gender Identity Disorder” (GID)

3. High Court: RUWAIDA@ROYEDA BINTI MUHAMMAD SIDDIQ & Anor v. COMMANDANT,

IMMIGRATION DEPOT BELANTIK, KEDAH & Anor
This Court is of the view that the continued detention of the Applicants at the Belantik Immigration
Detention Centre is a direct violation of their rights as a child pursuant to the Convention on the
Rights of the Child and the Child Act 2001 which guarantees protection and assistance to be given to
children in all circumstances without regard to race, colour, gender, language, religion or distinction of
any kind.
Differences between Industrial Court and
Labour court
Labour Court Industrial Court
Only has the power to hear complaints from 2 So long as the person is a “workman” as defined in
categories:- section 2 of the Industrial Relations Act 1967, the
A) THOSE WHO COVERED BY THE EMPLOYMENT ACT Industrial Court has the power to hear complaints
1955 (defined as “employees”) from the same.
This includes- those covered by the Employment Act
B) THOSE NOT COVERED BY THE EMPLOYMENT ACT- 1955 and those who fall within the definition of
“workman”
Section 69B– Power of the Labour Court to hear
complaints from persons earning up to RM5,000.00 Independent contractors engaged on contract FOR
(excluding commission, subsistence allowance or service are excluded.
overtime)

This means that those outside the scope of EA can file

a claim at the Labour Court with regard to non-
payment of wages or any payment due to them under
their contract of service.
Presentation Ends
Thank you!