Professional Documents
Culture Documents
Malay Reservation
Malay Reservation
LAND
S H A R I F AH Z U B A I D A H
L A W 3 1 1 1 - 2 019
Coverage:
1) Historical Rationale
2) Legislating Malay Reservation Land
3) Definition of ‘Malay’
4) Revocation of MR Land
5) Position of Non-Malays over MR Land
6) Malay Company & Malay Holdings
7) Powers of Ruler in Council over MR Land
8) Prospects and Challenges
Historical Rationale
History:
s.2:
Muslim
Domiciled in
Malaysia/Singapore
Speaks Bahasa
Malaysia
Complies with
Malay customs
Definition of Malay in FC does not apply for MR land
2 categories:
1) Natural person;
2) Company
A person must come within the definition of ‘Malay’
under the MRE.
A company may be recognised as a “Malay”
depending either by declaration, recognition or
characterisation. (See examples in FN 69 of p.441 of
your textbook)
FMS MRE defines ‘Malay’:
3 characteristics:
Belong to a Malayan
Muslim race
See s.13.
Also power to defeat the restriction in MRE:
under s.13A, The Ruler in Council may also approve
the alienation of any MR land, the transfer and
transmission of any MR land to any person not being
a Malay, subject to conditions and restrictions.
Johor MRE
1) Belonging to a Note:
Malay or any In 1989, by a PTG
Malaysian race. circular under s.22 of the
2) Habitually speaks Johor MRE, an
the Malay language. additional requirement
3) Professes the was added: the ‘Malay’
Muslim religion. must have Malaysian
‘Malaysian race’ – race
citizenship.
that is indigenous to the
Malay Peninsular and
archipelago. (Blacker)
Zaleha bte Sahri v Pendaftar Hakmilik Johor
[1996]
In this case the judge (Raja Azlan Shah, J.) held that
the only way a MR land can be de-reserved is by way
of revocation by the Mentri Besar under s.4(i)(b)
MRE.
With respect, this is incorrect as in this case the MR
land was declared in 1921, making it land subject to
the stringent procedures under art. 89(1) Fed.
Consti.
Forfeiture of MR Land