Question 1 .

Federal Court
The Federal Court is the highest court in Malaysia. The Federal Court may hear appeals of civil
decisions of the Court of Appeal where the Federal Court grants leave to do so. The Federal
Court also hears criminal appeals from the Court of Appeal, but only in respect of matters heard
by the High Court in its original jurisdiction (i.e. where the case has not been appealed from the
Subordinate Courts).

Court of Appeal
The Court of Appeal generally hears all civil appeals against decisions of the High Courts except
where against judgment or orders made by consent. In cases where the claim is less than
RM250,000, the judgment or order relates to costs only, and the appeal is against a decision of a
judge in chambers on an interprelador summons on undisputed facts, the leave of the Court of
Appeal must first be obtained.The Court of Appeal also hears appeals of criminal decisions of
the High Court. It is the court of final jurisdiction for cases which began in any subordinate
courts.

High Courts in Malaya and Sabah & Sarawak

The High Courts in Malaysia are the third-highest courts in the hierarchy of courts, after the
Federal Court and the Court of Appeal. Article 121 of the Constitution of Malaysia provides that
there shall be two High Courts of co-ordinate jurisdictionthe High Court in Malaya and the
High Court in Sabah and Sarawak (before 1994, the High Court in Borneo).

The High Court in Malaya has its principal registry in Kuala Lumpur, with other registries to be
found in all states in peninsular Malaysia, while the High Court in Sabah and Sarawak has its
principal registry in Kuching, with other registries elsewhere in Sabah and Sarawak. There are in
total 22 High Court registries across all 13 states in Malaysia. The two High Courts also travel on
circuit to other smaller towns.

Sessions Courts

Somewhat like the former Quarter Sessions in England, but does not exceed RM1,000,000 as per
ss 65(1)(b), 73(b), 93(1) of the Subordinate Courts Act 1948 (SCA). The exception however is in
matters relating to motor vehicle accidents, landlord and tenant and distress, where the Sessions
Courts have unlimited jurisdiction pursuant to s 65(1)(a)SCA. Also, by virtue of s 65(3) SCA,
the parties to a legal action may enter into an agreement in writing to grant jurisdiction to the
Sessions Court to try an action beyond its prescribed monetary jurisdiction aforesaid.

Magistrates Courts

Magistrates are divided into First Class and Second Class Magistrates, the former being legally
qualified and having greater powers. Second Class Magistrates are now not normally appointed.
In criminal matters, First Class Magistrates' Courts generally have power to try all offences of
which the maximum term of imprisonment does not exceed 10 years or which are punishable
with fine only, but may pass sentences of not more than five years imprisonment, a fine of up to
RM10,000, and/or up to twelve strokes of the cane under section 87 (1) Subordinate Court Act
1948. The Magistrates Courts hear all civil matters with less than RM100,000 in dispute. The
Magistrates' Courts also hear appeals from the Penghulu's Courts.

Court for Children

The Court for Children, previously known as the Juvenile Court, hears cases involving minors
except cases carrying the death penalty, which are heard in High Courts instead. Cases for
children are governed by the Child Act 2001. A child is defined as any person below the age of
18.

Special Court

The Special Court was established in 1993 to hear cases of offences or wrongdoings made by a
Ruler. A Ruler includes the Yang di-Pertuan Agong (King), the sultans of monarchical states in
Malaysia, the Yang di-Pertua Negeri, and the Yang di-Pertuan Besar, i.e.: the head of states of
Malaysia and its component states. Prior to this, a Ruler was immune from any proceedings
brought against them in their personal capacity.
Question 1.2

In Malaysia, there are the lower house known as the Dewan Rakyat or House of Representatives
and the upper house known as the Dewan Negara or Senate. The Parliament will exercise its
power to make laws by the passing of Bills in both houses.

A Bill may originate in either of the House. However, there is one exception with the "Money
Bill". Subject to Article 67 of the Federal Constitution, the "Money Bill" must originate in the
House of Representatives and can only be introduced by a Minister.

The House, which a Bill is originated, shall send it to the other House once the Bill has been
passed. After the other Houses passed the Bill, it must then be presented to the Yang di-Pertuan
Agong for his assent under the Article 66(3) of the Federal Constitution.

A Bill goes through several stages of "Reading", in both the Houses of Parliament. At the First
Reading stage, only the long title will be read. This is a formality when the Bill is first introduced
to the House. The most important stage is the Second Reading. The contents of the Bill are
debated at length and discussed by all members of the House. After that the Bill goes through a
Committee Stage. The committees are normally the Committee of the whole House as opposed
to special select committees. Special technical details of the Bill may be discussed at this stage.
Finally, the Bill is returned to the House for its Third Reading. Again this is a formality.

Under the Article 66(4) of the Federal Constitution, the Yang di-Pertuan Agong must assent to
the Bill by causing the Public Seal to be affixed thereto. This must be done within 30 days from
the date a Bill is being presented to him. The nation Constitution provides that a Bill will become
law at the expiration of the 30 days period specified in the like manner as if he had assented
thereto, should the Yang di-Pertuan Agong, for whatever reason, fails to give his assent to the
Bill within the specified period.

A Bill assented by the Yang di-Pertuan shall become Law. However, no laws shall come into
force until it has been gazetted or published under the Article 66(5) of the Federal Constitution.
(C2)

Procedure for Constitutional Amendment

The amendment will go through the process of legislation in Parliament. This process will be
discussed in the next entry. However, Article 159, read with several other provisions, establishes
special conditions in the amendment of the clauses that have been determined.

1st Way: The Present Simple Majority

According Article 159 (1) & (4) read with Article 62 (3), the Constitution, a Bill to amend the
regulation can be approved by a simple majority of board members present.

To provide an overview, the House of Representatives (12th Parliament) has 222 members
(Article 46 (1), PP). For example, if a quorum of the House of Representatives is 30 members
and a Speaker of the Honourable House (Speaker); only 50 members present of the Honourable,
not including the Chairman of the Board as he just present for the session to approve the bill this
constitutional amendment. The Constitution Amendment Bill would require only 26 votes to
support the draft bill voiced by the assembly.

2nd Way: A majority of 2 / 3 Two-Two Board Members

According this way or Article 159 (3) of the Federal Constitution, a bill of the amendment must
receive the support of at least 2 / 3 members of the Board on the Second and Third Readings.

Back to the illustration above, a draft amendment to the constitution need the support of at least
148 members of the House of Representatives in the Second and Third Readings. After the
approve by the Parliament, the same bill will go through the same process. This time, 47
Senators must support this Bill on Second and Third Reading in the Senate.

Then, as same as federal bill and another bill that has passed both Houses of Parliament, it will
be presented to the Yang Di Pertuan Agong for his assent. Before it took effect, the new
amendments shall be enacted.

3rd Way: A majority of 2 / 3 Two-Two Board Members of Parliament and the assent of the
Council of Rulers

If Parliament wants to amend matters affecting the sovereignty, dignity and position of the
Majlis Raja-Raja or any of the Malay rulers, as set out on Article 159 (5), as same procedures
with 2nd Way. The only difference is that it needed consent of the Majlis Raja-Raja. Without this
consent, the constitutional amendments bill will not be valid.
4th Way: A majority of 2 / 3 membership of both chambers of Parliament and the assent of
the President of the State of Sabah or Sarawak

The position of Sarawak and Sabah in Malaysia are protected by imposing additional
requirements in terms of the amendment method that involves both states of Borneo.

In addition to the 2nd procedure, all the amendments written in Article 161E (2) of the Federal
Constitution, should be approved by the President of Sarawak or Sabah. (C3)

Question2.1

New Economic Policy

The New Economic Policy (NEP) which began with the Second Malaysia Plan (1971-1975), and
lasted until the Fifth Malaysia Plan (1986-1990), had three main objectives, namely:

To achieve national unity, harmony and integrity

Through socio-economic restructuring (of the society)
To minimize the level of poverty in the country (poverty eradication)
The NEP was conceived as a two-pronged strategy for eradicating poverty for all Malaysians as
well as reducing and subsequently eliminating identification of race by economic function and
geographical location. The Policy sought to achieve its objectives through rapid expansion of the
economy over time and set its target of substantially reducing the incidence of absolute poverty
by 1990. To achieve this, the Policy called for aggressive improvement of economic status and
quality of life for all Malaysians through:

Access to land
Physical capital
Training
Public facilities
Concurrently, the Policy also called for fairer distribution of opportunities to participate in the
widening range of economic activities. The Policy opined that the core problem that stood in the
way of national unity was compartmentalisation of racial groups by economic function;
particularly the association of Malay and other indigenous races with subsistence agriculture. To
dissociate Malay and other indigenous races with traditional agriculture, the Policy called on the
Malaysian Government to provide assistance to all Malaysians in:

Finding employment
Securing participation in economic activities
Acquiring ownership in various economic sectors
As Malay and other indigenous races progressed in the modern economic sector, other
Malaysians were encouraged to introduce modern agriculture to eliminate the identification of
Malay and other indigenous races with subsistence agriculture.
The overarching principle of the Policy was the creation of "a socio-economic environment in
which individual Malaysians find self-fulfilment within a system which provides for proportional
participation, management and control in the economic life of the nation".

Question2.2
The objective of the establishment of ASEAN.

1. As set out in the ASEAN Declaration, the aims and purposes of ASEAN are:

2. To accelerate the economic growth, social progress and cultural development in the
region through joint endeavours in the spirit of equality and partnership in order to
strengthen the foundation for a prosperous and peaceful community of Southeast Asian
Nations;
3. To promote regional peace and stability through abiding respect for justice and the rule
of law in the relationship among countries of the region and adherence to the principles
of the United Nations Charter;
4. To promote active collaboration and mutual assistance on matters of common interest in
the economic, social, cultural, technical, scientific and administrative fields;
5. To provide assistance to each other in the form of training and research facilities in the
educational, professional, technical and administrative spheres;
6. To collaborate more effectively for the greater utilisation of their agriculture and
industries, the expansion of their trade, including the study of the problems of
international commodity trade, the improvement of their transportation and
communications facilities and the raising of the living standards of their peoples;
7. To promote Southeast Asian studies; and
8. To maintain close and beneficial cooperation with existing international and regional
organisations with similar aims and purposes, and explore all avenues for even closer
cooperation among themselves