Professional Documents
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Chapter 3 - Malaysian Legal System
Chapter 3 - Malaysian Legal System
This chapter:
describes the structure of the judicial system in
Malaysia
aids understanding of the workings of the
judiciary
sets out the hierarchy of the courts, their
jurisdiction and powers
An Overview
Subordinate Courts in Peninsular Malaysia
Subordinate Courts in East Malaysia
Superior Courts in Malaysia
Alternative Methods of Dispute Resolution
in Sabah:
– original jurisdiction is exercised by the Native Court with
the District Officer acting in a supervisory-cum-appellate
capacity
– in his appellate capacity, the District Officer hears appeals
from any order of a Native Court
– an appeal from any order of the District Officer lies to a
Native Court of Appeal presided over by a judge of the
High Court
– the Appeal Court also comprises the Resident of the
residency in which the original proceedings took place
and one native chief duly appointed
Business Law All Rights Reserved
© Oxford Fajar Sdn. Bhd. (008974-T) 2010 Ch3: 25
NATIVE COURTS (cont.)
in Sarawak:
– Headman’s Court consists of a headman and two
assessors
• has the power to impose a fine not exceeding RM50
– The Native Officer’s or Chief’s Court consists of a
Native Officer or Chief and two assessors
• has the power to impose a term of imprisonment not
exceeding six months and a fine not exceeding RM100
– District Native Court, comprising a Magistrate, a Native
Officer and two assessors, possesses the widest
jurisdiction
• may impose a term of imprisonment not exceeding two years
and a fine not exceeding RM200
Business Law All Rights Reserved
© Oxford Fajar Sdn. Bhd. (008974-T) 2010 Ch3: 26
SESSIONS COURTS (cont.)
Headman’s Court
Examples:
– Small Claims Court
– Consumer Claims Tribunals
– Financial Mediation Bureau