Application Of English Law In Malaysia

The supreme law of the land the constitution of malaysia sets out the legal framework and rights of malaysian citizens.

Application of english law in malaysia. Irrespective of which side of the argument one may take the truth is that malaysia s links with english law have contributed tremendously towards the development of the plural malaysian legal system which is highly regarded in the region. Malaysia legal history finals mlh tri 1 preview text application of sections 3 5 and 6 of the civil law act 1956 when malaysia was formed in 1963 there were three separate statutes authorising the application of english law which are s 3 5 6 of the civil law ordinance 1956 in peninsular malaysia application of laws ordinance 1956 in sabah and application of laws ordinance 1949 in sarawak. 4 4 the application of english common law and rules of equity limitations under the civil law act 1956 the direction under the civil law act 1956 to apply the common law of england and rules of equity is limited in west malaysia by the cut off date of 7 april 1956. Nepline case cut off dates three conditions where section 3 1 can be applied.

In other words english law was introduced to penang through the first charter of justice in 1807. This was a direct result of the colonisation of malaya sarawak and north borneo by britain between the early 19th century to 1960s. That qualification concern the extend to which english law is applicable. In formulating malaysia s own common law the court is free to look at any source of law local or non local.

English law and it s application in malaysian court english law in virtue article 160 of federal constitution includes the common law in so far as it is in operation in the federation or any part thereof. Leong bee co. It was also further emphasize that once the law of england was introduced in any state no other law would be enforced except the english law. It has become the personal law of the garrison members.

The law of malaysia is mainly based on the common law legal system. 1 in all questions or issues which arise or which have to be decided in the states of peninsular malaysia other than malacca and penang with respect to the law of partnerships corporations banks and banking principals and ag ents carriers by air land and. The civil law act 1956 act 67 revised 1972 cla 1965 being incorporate to all the three earlier statutes that are the statutory authority for the application of english law in today s malaysia. 10 laws of malaysia act 67 application of english law in commercial matters 5.

V ling nam rubber works tengku. Federal laws enacted by parliament of malaysia that apply throughout. Therefore the english law cannot be the lex loci. The debate on whether malaysia needs to sustain strong links with english law is likely to continue.