PMH0012 – MALAYSIAN LEGAL

HISTORY
CHAPTER 1:
HISTORICAL OUTLINE
Part A
 Aborigines and Natives
 Melaka Empire
By Rathivaani Sathiaseelan
 01
ABORIGINAL
& NATIVES IN
MALAYSIA
Contents
Definition- Aborigines in peninsular Malaysia

Legal Aspects

Central Issues

Conclusion

https://
www.youtube.com/watch?v=Am0YDD2dkSk
Native &
Abortiginal People
● What's the difference?
● What's the meaning/definition?

 Aboriginal Peoples Act 1954 (Act

134) – only applicable to Peninsular
 Federal Constitution
‘Aboriginal’ : Latin term (aborigine)
Meaning: from the beginning
Equivalent to ‘Indigenous’
Around the world:
‘First people’ ‘first nations

Aboriginal: inhabiting in a land from the

earliest times or from before the arrival of
colonists; indigenous.
Aboriginal Peoples Act 1954 (Act 134):
Section 2: “aboriginal ethnic group”
a distinct tribal division of aborigines as characterized by culture, language or social
organization and includes any group which the State Authority may, by order, declare to be
an aboriginal ethnic group;

18 ethnic subgroups – classified to Negrito, Senoi,

Proto-Malay : administrative purposes
Each of these three tribes is then divided into six other tribes where they
speak in different languages other than the known local Malay dialect.

The aborigines are a part of the bumiputera race in this

country.
 Who is an aborigine?
Section 3 Aboriginal Peoples Act 1954 (Act 134):
A few situations:

S3 (1)(a) – if a person’s father who is from an aborigine group who speaks,

practices their customs, belief, follows their way of life;

S3 (1) (b) – if a person is adopted by an aborigine when he/she was an infant

and was brought up with all the aborigine’s way of life, language, belief
and he/she is a member of an aboriginal community; OR

S3(1) (c) – if the child’s mother is aborigine but father is not but the child
practices the aborigine’s way of life, language, belief and he/she is a
member of an aboriginal community
Section 3 (2) Aboriginal Peoples Act
1954 (Act 134):
If a person converts to another religion or stops following
aboriginal beliefs for whatever reason but he/she continue to
follow aboriginal way of life, customs, language then he/she is
still considered an aborigine. Cannot cease only because they
are practicing another religion.

If any disputes as to whether a person is an aborigine or not then refer to:

S 3(3) Any question whether any person is or is not an aborigine shall be

decided by the Minister.
Native?
Federal Constitution
 Article 161A of the Federal Constitution:
(6) In this article "native" means –
Sarawak: a person who is a citizen and either belongs to one of the races
specified in Clause (7) as indigenous to the State or is of mixed blood
deriving exclusively from those races; and

Sabah: a person who is a citizen, is the child or grandchild of a person of a

race indigenous to Sabah, and was born (whether on or after Malaysia Day
or not) either in Sabah or to a father domiciled in Sabah at the time of the
birth.

Refer to Clause (7) for the list of races

Now that we understand the definition of
native and aborigines – next week we shall
deal with:

Legal Aspect
Issues
Our new adventure: Malacca Empire
Some of the Cases that you might want to checkout before
our next class:
 Adong Bin Kuwau & Anor v Kerajaan Negeri Johor & Anor [1998] 2 AMR 1233
 Kerajaan Negeri Selangor & Ors v Sagong Tasi & Ors [2005] 4 CLJ 543
 Director of Forest, Sarawak & Anor v TR Sandah Tabau & Ors [2017] 3 CLJ 1
 Director of Forests, Sarawak & Anor v Racha ak Urud @ Peter Racha Urud & Ors [2017] 4 MLJ 42
 TH Pelita Sadong Sdn Bhd & Anor v TR Nyutan ak Jami & Ors [2018] 1 MLJ 77
 Law Tanggie v Untung AK Gantang [1993] 2 MLJ 537
 TH Pelita Sadong Sdn Bhd & Anor v TR Nyutan ak Jami & Ors [2018] 1 MLJ 77 (Test of occupation)
 Sangka Chuka & Anor v Pentadbir Tanah Daerah Mersing, Johor & Ors [2016] 4 CLJ 585 (Test of
occupation)
 Ketua Pengarah Jabatan Hal Ehwal Orang Asli & Anor v Mohamad Nohing (Batin Kampung Bukit
Rok) & Ors [2015] 9 CLJ 309 (Test of occupation)
 Bohari Jaya & Ors v Naim Land Sdn Bhd & Ors [2016] 4 CLJ 353 (Test of occupation)
 Nor Anak Nyawai & Ors v Borneo Pulp Plantation Sdn Bhd [2001] 2 CLJ 769 (recognized unwritten
form)