SUBORDINATE COURTS IN MALAYSIA

The Subordinate Courts of Malaysia have jurisdiction in both civil and criminal matters. It
consists of Magistrates’ Court and Session Court [CITATION Mal \l 2052 ].

1. Magistrates' Courts
The Magistrates' Court deals with minor civil of not more than RM100,000 and criminal
cases. The court is presided over by a magistrate.

Under section 85 of the Subordinate Courts Act 1948 (Revised 1972) amended by the
Subordinate Courts (Amendment) Act 1978, a first class magistrate possesses jurisdiction to
try all offences for which the maximum term of punishment provided by law does not exceed
ten years' imprisonment, or all offences punishable with fine only, as well as offences under
section 392 of the Penal Code deals with punishment for robbery while section 457 of the
Penal Code deals with lurking, house-trespass or housebreaking at night.
Where a person is found guilty, the magistrate may pass any sentence allowed by law not
exceeding:
1. five years' imprisonment;
2. a fine of RM10,000;
3. whipping of up to twelve strokes; or
4. a combination of any of the above mentioned.
It is presided by a First Class Magistrate.

A second class magistrate has jurisdiction to try offences for which the maximum term of
imprisonment provided by law does not exceed 12 months’ imprisonment or offences
punishable with a fine only.
A second class magistrate may pass an sentence allowed by law:
1. not exceeding six months' imprisonment;
2. a fine of not more than RM1,000; or
3. combination of two.
It is under the charge of a Second Class Magistrate. A Magistrates’ Court may transfer a case
to the First Class Magistrate if the court is of the opinion that the offence merits a heavier
penalty than it is empowered to impose.
[ CITATION Ram18 \l 2052 ]
2. Sessions Courts
The Sessions Court is the highest of the subordinate or inferior courts. It is under the charge
of the Sessions Court judge and have civil and criminal jurisdiction. Its criminal jurisdiction
extends to all offences other than offences punishable with death under section 63 of the
Subordinate Courts Act 1948. A Sessions Court may pass any sentence allowed by law other
than the death sentence. In civil matters, it has jurisdiction to try all actions and suits of a civil
nature where the amount in dispute or value of the subject-matter does not exceed
RM100,000. Unlimited jurisdiction in respect to motor vehicles accidents, landlord and
tenant and distress. However, in general, matters relating to land, probate and administration
of estates, divorce, bankruptcy, enforcement of trusts, for accounts, legitimacy of any
persons, declaratory decree, guardianship or custody of infants, and others are excluded from
its jurisdiction.

The Sessions Court may exercise jurisdiction to hear and determine any action for the
recovery of immovable property and for the recovery of rent or mesne profits or damages
where the money claimed does not exceed RM96,000 or where the rent payable in respect of
the premises does not exceed the sum of RM96,000 per annum [ CITATION Ram18 \l 2052 ]
[ CITATION Lee09 \l 2052 ].

SUPERIOR COURTS IN MALAYSIA

The Superior Courts of Malaysia comprises two High Courts—the High Court of Malaya and
the High Court in Sabah and Sarawak, the Court of Appeal and the Federal Court [ CITATION
Mal \l 2052 ].

1. The High Court

The High Court headed by two Chief Judges (Article 121 of the Federal Constitution), one in
Peninsular Malaysia (West Malaysia) and one in Sabah and Sarawak (East Malaysia). There
are at least fifty-six judges and Judicial Commissioners and of these eleven are in Sabah and
Sarawak and forty-five in Peninsular Malaysia. The jurisdiction of the High Court is original,
appellate and supervisory. In the exercise of its original jurisdiction, it has unlimited civil and
criminal powers (Court of Judicature Act 1964 Part II): Zainal Abidin bin Hj Abdul Rahman
v Century Hotel Sdn Bhd 1982. It has civil and criminal appeals from the subordinate courts.
It hears matters more than RM1,000,000 except for matters on motor vehicle accidents and
landlord and tenant disputes and distress.

The High Court has the jurisdiction to try all civil proceedings where:
1. The cause of action arose within Malaysia
2. The defendant(s) resides or has his place of business within Malaya
3. The facts on which the proceedings are based, exist or are alleged to have occurred
within Malaysia
4. Any land the ownership of which is disputed is situated within Malaya

The High Court's civil jurisdiction also includes probates and administration of the estates,
bankruptcy and companies, divorce and matrimonial class, injunctions, specific performance,
legitimacy, rescission of contracts, enforcement of trust, declaratory decree, appointment of
guardians of infants and appointment and control of guardians for mentally disordered
persons and those of unsound mind. In the exercise of its appellate jurisdiction, the High
Court hears civil and criminal appeals from the Magistrates' and Sessions Courts.

The High Court also possesses the power to refer any points of law arising in the appeal for
the decision of the Court of Appeal if it feels that it is in the public interest and of paramount
importance.

Under section 35(1) of the Courts of Judicature Act 1964, the High Court has been conferred
general supervisory and revisionary jurisdiction over all subordinate courts. In the interest of
justice and when it appears desirable, the High Court may call for the records of any
proceedings in the subordinate courts, whether civil or criminal, at any stage of such
proceedings. It may also remove the case to the High Court or give such directives to the
subordinate courts as it thinks necessary [ CITATION Ram18 \l 2052 ][ CITATION Lee09 \l 2052 ].
2. The Court of Appeal
The Court of Appeal was built in 1994 and is the second highest court in the court’s
hierarchy. The Court of Appeal constitutes the President of the Court of Appeal and up to ten
Court of Appeal judges. The Court of Appeal is heard by three judges or such greater uneven
number of judges. It has civil and criminal appellate jurisdiction where it hears appeal from
the High Court.

The Court of Appeal has jurisdiction to:

1. Hear and determine any appeal against any High Court decision on criminal matters.
2. Hear and determine civil appeals generally for cases where the amount or value of the
subject-matter of the claim is at least RM250,00.

An appeal is by re-hearing and in relation to such appeal the court has the duties and powers
similar to the High Court and has power to order a retrial (Section 71 of the Courts of
Judicature Act 1964) [ CITATION Ram18 \l 2052 ][ CITATION Lee09 \l 2052 ].

3. Federal Court
The Federal Court, which is currently located in Palace of Justice in Putrajaya, is the highest
and final appellate court. It was stablished in 1957. Presided over by the Chief Justice, the
President of the Court of Appeal, the Chief Judges of the High Court of Malaya of Sabah and
Sarawak, and seven Federal Court Judges currently.

The Federal Court has jurisdiction in matters including

1. To hear civil and criminal appeals from the Court of Appeal. This appellate function
occupies the bulk of the court's work. In civil appeals a litigant may appeal on a point
of law or upon the rejection or admission of evidence in a lower court. In criminal
cases, an appeal may be made against acquittal or conviction or against sentence on a
point of law or fact.
2. To exercise exclusive original jurisdiction on those matters conferred on it under
Article 128(1) and (2) of the Federal Constitution. It can hear disputes on any no
matter between any State and the Federal Government. It can also pronounce on 1991
the validity of any federal or state legislation as being in excess of powers.
3. To determine constitutional questions which have arisen in the proceedings of the
High Court but referred to the Federal Court for a decision.
4. To give its opinion on any question referred to it by the Yang di-Pertuan Agong
concerning the effect of any provision of the Constitution which has already arisen or
appears likely to arise. This was done in the case of Government of Malaysia v
Government of the State of Kelantan. (GOVERNMENT OF MALAYSIA v
GOVERNMENT OF THE STATE OF KELANTAN (1900) 1 MLJ 129)[ CITATION
Ram18 \l 2052 ][ CITATION Lee09 \l 2052 ].