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C7 - Malay Reservation Land
C7 - Malay Reservation Land
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◆ Federated Malay Reservation Enactment 1933 (applicable to the States of
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Selangor, Perak, Negeri Sembilan, Pahang and the Federal Territory of Kuala
Lumpur)
◆ Perlis Malay Reservation Enactment 1353
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◆ Malay Reservation Enactment of Kedah 1931
◆ Johor Malay Reservation Enactment 1936
◆ Malay Reservation Enactment of Terengganu 1941
◆ Kelantan Malay Reservation Enactment 1930
➔ DEFINITION OF ‘MALAY’
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➔ Article 60 of FC - A person that can be declared as a Malay must;
◆ Must be a Muslim
◆ Speaks Bahasa Malaysia
◆ Complies with the Malay customs
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➔ For the purpose of Malay Reservation, pursuant to Article 89(6) of FC, the definition of
Malay is left to the discretion of each State.
◆ S2 of FMS Malay Reservation Enactment
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or Arab descent
● Sime Bank v Projek Kota Langkawi Sdn Bhd
○ The definition of Section 2 only applies to natural person (a
person) and not to artificial legal persons (company)
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◆ S2 of Perlis Malay Reservation Enactment
● A person belonging to any Malayan race or person of ‘Arab descent’
● A person who habitually speaks the Malay language or any Malayan
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language
● A person who professes the Muslim religion
● S7(1) = Siamese agriculturist who permanently residing in the State of
Perlis are allowed to own and occupy Malay reservation land
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◆ S2 of Terengganu Malay Reservations Enactment
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● A person of a Malayan race
● Habitually speaks the Malay language or any Malayan language
● Muslim
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○ Fact:
- Zaleha, a Malaysian Malay owning a piece of Malay reserve land
in Johor Bahru. She married a Singaporean Malay and
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○ Held:
- The court allowed the revocation of Zaleha’s status and allowed
the husband and children to inherit the property.
- Apply maxim of equity; “justice must not only be done but must
seen to be done”
- It was unjust and unnecessary for the State Authority to make
Zaleha the scapegoat for its inconsiderate ruling + the ruling was
CLEARLY ABSURD AND IRONICAL
- The court strongly believes that Malays under the definition of the
said MRE should include all those Malays from the Malay
Archipelago.
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➔ FEDERAL CONSTITUTION (FC) PROTECTION FOR MALAY RESERVATION LAND
(HAFAL JE SEMUA NI UTK TAHU MCM MANA NK HANDLE RESERVED LAND)
◆ Article 89 of FC
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89. (1) Any land in a State which immediately before Merdeka Day was a Malay
reservation in accordance with the existing law may continue as a Malay
reservation in accordance with that law until otherwise provided by an Enactment
of the Legislature of that State, being an Enactment—
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(a) passed by a majority of the total number of members of the Legislative
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Assembly and by the votes of not less than two–thirds of the members
present and voting; and
(b) approved by resolution of each House of Parliament passed by a
majority of the total number of members of that House and by the votes of
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(1A) Any law made under Clause (1) providing for the forfeiture or reversal to the
State Authority, or for the deprivation, of the ownership of any Malay reservation,
or of any right or interest therein, on account of any person, or any corporation,
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(2) Any land in a State which is not for the time being a Malay reservation in
accordance with the existing law and has not been developed or cultivated may
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(b) the total area of land in a State for the time being declared as a Malay
reservation under this Clause shall not at any time exceed the total area
of land in that State which has been made available for general alienation
in pursuance of paragraph (a).
(3) Subject to Clause (4), that Government of any State may, in accordance with
the existing law, declare as a Malay reservation—
(a) any land acquired by that Government by agreement for that purpose;
(b) on the application of the proprietor, and with the consent of every
person having a right or interest therein, any other land, and shall, in
accordance with the existing law, immediately declare as a Malay
reservation, in a case where any land ceases to be a Malay reservation,
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must replace with any other land of a similar character and of an area not
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exceeding the area of that land.
(4) Nothing in this Article shall authorise the declaration as a Malay reservation of
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any land which at the time of the declaration is owned or occupied by a person
who is not a Malay or in or over which such a person has then any right or
Interest.
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(5) Without prejudice to Clause (3), the Government of any State may, in
accordance with law, acquire land for the settlement of Malays or other
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communities, and establish trusts for that purpose.
(6) In this Article “Malay reservation” means land reserved for alienation to
Malays or to natives of the State in which it lies; and “Malay” includes any person
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who, under the law of the State in which he is resident, is treated as a Malay for
the purposes of the reservation of land.
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(7) Subject to Article 161A, this Article shall have effect notwithstanding any other
provision of this Constitution; but (without prejudice to any such other provision)
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(8) The provisions of this Article shall apply to the Federal Territories of Kuala
Lumpur and Putrajaya in the like manner that they apply to a State, save that
Clause (1) in its application to the Federal Territories of Kuala Lumpur and
Putrajaya shall be modified to read that any land in the Federal Territory of Kuala
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90. (1) Nothing in this Constitution shall affect the validity of any restrictions
imposed by law on the transfer or lease of customary land in the State of Negeri
Sembilan or the State of Malacca, or of any interest in such land.
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any lien or trust, or entry of any caveat, or any other form of dealing or
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disposal of whatever description or nature; and
(b)“lease” includes any tenancy of whatever form or duration.
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(2) Notwithstanding anything in this Constitution, the existing law in the State of
Terengganu with respect to Malay holdings shall continue in force until otherwise
provided by an Enactment of the Legislature of that State passed and approved
as described in Clause (1) of Article 89.
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(3) Any such Enactment of the Legislature of the State of Terengganu may make
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provision for Malay reservations corresponding with the existing law in force in
any other State of a Ruler; and in that event the said Article 89 shall have effect
in relation to Terengganu subject to the following modifications, that is to say:
(a) in Clause (1), for the reference to land which immediately before
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before the passing of the said Enactment, was a Malay holding; and
(b) subject as aforesaid, any reference to the existing law shall be
construed as a reference to the said Enactment.
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➔ RIGHT TO COMPENSATION
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(2) No law shall provide for the compulsory acquisition or use of property without
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adequate compensation
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pursuant to Article 89 or any provision of MRE - SA can forfeit without compensation.
➔ Only can be granted to the person/company who had acquired the pre-Merdeka Malay
reservation land ▶ land declared to be MRL before Merdeka Day + only applicable to the
State that has enacted MRE.
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➔ DECLARATION OF NEW AREAS AS MALAY RESERVATION
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➔ Not applicable to the State that has not enacted MRE = ie; Penang, Malacca, Sabah &
Sarawak
➔ Article 89(2) of FC
➔ FMS/Johor/Terengganu MRE = Any state land, reserved forest, land reserved for public
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river, and of the foreshore and bed of the sea, as is within the territories of the State or
the limits of territorial waters - other than alienated land, reserved land, mining land and
reserved land.
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➔ Kelantan MRE = S4(1) & (v) = His Highness the Sultan in Council may declare any land
to be Malay reservation irrespective whether it is a state land, mining, reserve forest,
developed or undeveloped, cultivated or vice versa.
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➔ Perlis MRE = S3(1) = allows the State Council by proclamation or public announcement
to declare any land in the state to be MR.
➔ Kedah MRE = S5 = Only alienated land and State Land which is not under the control of
Sanitary board or town board are allowed to be declared as Malay Reservation.
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◆ SA is free to enter into agreement with any registered purchasers whether Malay
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or non-Malay to acquire the land and declare it as MR.
➔ Johor Malay Reservation Enactment = Section 6(i) = allows the Malay proprietor to
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declare his holding as Malay reservation.
◆ He shall fully consent to it and understands the nature and consequences of his
application
◆ No third party can make an application on his behalf
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➔ Kedah Malay Reservation Enactment = Section 4 = allows any person to apply to the
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Ruler-in-Council to declare his or her land as Malay Reservation
➔ Kelantan Malay Reservation Enactment = Section 4(v) = any land whether under
permanent or temporary turtle may be included in MR.
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a. The economic value should be the same (if the land is planted with
coconut, the replacement cannot be paddy land as the economic value is
not similar)
b. The location of the land should be the same
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◆ Additional:
● The category of land should be replaced by the same category of land
➔ FMS Malay Reservation Enactment: the Menteri Besar with the approval of the
State-in-Council may at any time revoke the status of Malay Reservation land.
➔ Johor = the Commissioner with the approval of His Highness the Sultan in Council to
revoke any Malay reservation land.
➔ Terengganu, Perlis, Kelantan & Kedah = it is the Sultan in Council who has the
prerogative to revoke the status of MR land.
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Malay Reservation.
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◆ To protect the legitimate interest of Non-Malays under Article 8 and 153(7)
◆ Article 8 = No discrimination against citizens on the ground only of religion, race,
descent, place of birth or gender in any law or in the appointment to any office or
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employment under a public authority or in the administration of any law relating to
the acquisition, holding or disposition of property.
◆ Article 153(7) = Nothing in this Article shall operate to deprive or authorise the
deprivation of any person of any right, privilege, permit or licence accrued to or
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enjoyed or held by him or to authorise a refusal to renew to any person any such
permit or licence or a refusal to grant to the heirs, successors or assigns of a
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person any permit or licence when the renewal or grant might reasonably be
expected in the ordinary course of events.
➔ Johor MRE = allows non-Malays to occupy or own MRL and to deal with the said land
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➔ Kedah & Perlis MRE = allow State Authority to dispose of Malay reservation land to
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Siamese.
➔ Kedah MRE= all non-Malays who hold MR land under the Surat Akuan before declaring
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the said land as MR land are free to deal with the said land with other non-Malays.
2. When the non-malay has occupied the land prior to its declaration as MR land by
the State Government
a. The land belongs to a non-Malay, so he is free to deal with the land with
other non-Malays without the approval of Ruler-in-Council ▶ as the
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provisions of MR land is not applicable to him
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➔ Syarikat Macey Bhd. Nightingale Allied Services
◆ If the MRL is registered in the name of a non-Malay, prior to the declaration as a
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MR ▶ Then he as the registered proprietor is FREE TO DEAL WITH HIS LAND in
any manner + without complying to the provisions of the MRE.
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➔ Provisions only provided in FMS MRE & Terengganu MRE
➔ Requirements;
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◆ Registered under Companies Act 1965
◆ All members are Malays
◆ The transfer of shares is restricted by Articles of Association to Malays only
◆ One of the objectives of the Company is to deal in Malay holding land.
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➔ ‘MALAY HOLDING’
◆ FMS MRE =
● S2(a)
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MR.
○ Inclusion of the said land under the official Malay Reservation list.
● S6(vi)
○ If proprietor is not Malay or none of co proprietors are Malay the
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➔ FMS MRE & Johor MRE = All alienated land that have been declared as MR under
MRE shall be deemed as Malay Holding.
➔ Terengganu MRE = Any alienated or occupied lands in the town or village shall be
included as Malay Holding.
➔ FMS MRE = S6(iv) = IDT must be stamped with the words “MALAY
RESERVATION”/”TANAH RIZAB MELAYU” ▶ The registered proprietor shall be required
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to submit to the proper registering body the IDT to be inscribed with the words “Malay
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Reservation”
➔ No Malay holding can take effect until and unless registered against RDT.
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➔ However, despite land published in gazette as Malay reservation, State Authority cannot
proceed to endorse it as Malay Holding if the proprietor or a co-proprietor is not a Malay
◆ Syarikat Macey Berhad v. Nightingale Allied Services (Sued As A Firm) & 2
Ors
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● Held: since, the land has never been registered in the name of a Malay
proprietor or co-proprietor, the memorial so entered on the affected titles
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is therefore erroneous.’
◆ Definition of Malay
◆ The mode of operation of the MR Enactment.
◆ The manner in which the provisions thereof to be constructed or carried into
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effect.
➔ Refer back case Hanisah v Tuan Mat
➔ FMS MRE = S20 = in cases of doubt the matter shall be referred through the Menteri
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➔ Johor MRE = the matter is referred through the State Secretary to His Highness the
Sultan In Council
➔ Kelantan MRE =
◆ S18 = the matter may be referred to His Highness the Sultan in Council without
referring to the MB first.
◆ S9 and 13A(i) = The Ruler-in-Council may alienate, transfer, transmit or charge
MR land to any person not being a Malay.
● Foo Say Lee v Ooi Heng Wai
○ Held: The purported agreement to transfer the MRL, subject to the
consent of the RIC was not contrary to the Kelantan MRE
○ The reason being a MRL may be transferred to a non-Malay
subject to the approval of RIC.
◆ Not empowered to declare any person as a Malay = merely allows the person to
acquire a right or interest over the land.
◆ S13A(iii)= If the registered proprietor of MRL has always been a non-Malay, he
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has absolute rights to transfer or transmit such rights to another non-Malay
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without the prior consent from High Highness the Ruler.
➔ Kedah MRE = S19= the Ruler in Council to declare ‘any person of any race or
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nationality be deemed to be included in the term ‘Malay’.
➔ Terengganu MRE = Cannot declare these bodies (non-malay) as Malays = It only gives
a right to them to hold the Malay Reservation Land with the consent of the Sultan in
Council.
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➔ S20 of FMS MRE/ S17 of Kedah MRE/ S18 of Perlis MRE/ S22 of Johor MRE/ S22 of
Terengganu MRE = The decisions of the Rulers are final and shall not be questioned or
revised by any court.
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virtue of her no longer being a Malay without referring the matter to the RIC
◆ Even though the Johor MRE provides that it is mandatory to refer to RIC in cases
on the definition of Malay and the manner in which the provisions thereof were
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◆ Held: the declaration made is declared to be null and void and of no effect as it
had not complied with the mandatory provisions of the Johor MRE.
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