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EVOLUTION OF WRITTEN LAWS
Transcript of EVOLUTION OF WRITTEN LAWS
Local laws (religious and customary law) was limited to personal matters i.e. family matters and inheritance.
Civil Law (Extension) Ordinance 1951
Civil Law Enactment 1937
In Malaysia 1937-1963
EVOLUTION OF WRITTEN LAWS
Civil Law Enactment
Civil Law (Extension)
Civil Law Ordinance
Civil Law Ordinance
Civil Law Act
Evolution of Written Laws
As stated in Section 2 of CLE:
“Save so far as other provision has been made or may hereafter be made by any written law in force in the Federated Malay States, the common law of England, and the rules of equity, as administered in England at the commencement of this Enactment [12 March 1937] shall be in force in the FMS
was the first step
taken by British
to formalize English law in the Malay States
and then it became applicable in the FMS which passed by the FMS Federal Council.
the common law and rules of
equity shall be in force in
the FMS so far only:
the circumstances of the FMS and its inhabitants permit
The common law and rules of equity shall be in force in the FMS so far only as:
the circumstances of the FMS and its inhabitants permit.
subject to such qualifications as local circumstances render necessary.
In short, the Section 2 of CLE stated that:
The UMS received English law formally when the FMS enactment was extended by Civil Law (Extension) Ordinance 1951. It is the effort of British to introduce English law to the UMS.
The Unfederated Malay States started to accept English Law when it was formally received and applied by the virtue of Civil Law (Extension) Ordinance 1951.
The UMS became a part of the Federation of Malaya, formed on the 1st February 1948 and resulted to CLE 1937 was extended to the UMS by the Civil Law (Extension) Ordinance 1951.
Civil Law Ordinance 1956
In 1956, the CLO 1956 was applied to the Federation of Malaya replacing the CLE 1937 and Civil Law (Extension) Ordinance 1951 including Penang and Malacca.
Section 3(1), Section 5(1), Section 5(2), Section 6 of CLO 1956 are the sections putting out the application of English Law in the Malay States.
CIVIL LAW ORDINANCE 1956
Application of Laws Ordinance
1949 in Sarawak
The first formal Law of England applied in sarawak after the declaration of Order L-4 (Laws of Sarawak Ordinance) 1928 and replaced by ALO 1949.
In any cases, if the absence of specific local legislation, Common Law of England is applicable as long as the native customs and the locals permit so. Section 2 of this ordinance described it jurisdiction in Sarawak.
North Borneo (Sabah) was given a statutory reception as we can see through its first Civil Law Ordinance of 1938.
Section 2 and 3 present the application of English Law through the North Borneo.
Then, repealed by the Application of Laws 1951 throughout the North Borneo.
The Malayan Civil Law Ordinance was eventually extended to Sabah and Sarawak in 1972 by the Civil Law Ordinance (Extension) Order 1971, which came into force on the 1st April 1972.
CIVIL LAW ORDINANCE 1938
AND APPLICATION OF LAWS ORDINANCE 1951 IN SABAH
CIVIL LAW ACT
After the formation of Malaysia, the CLO 1956 was extended
to Sabah and Sarawak by the CLO (Extension) Order 1971.
CLO (Extension) Order 1971 was replaced by Civil Law Act 1956.
The extent of application of English law is prescribed in sections:
OTHER WRITTEN LAWS IN MALAYSIA BETWEEN 1937 TO 1963
1. Exchange Control Act 1953
An act to confer powers, and impose duties and restrictions in relation to gold, currency, payments, securities, debts, and the import, export, transfer and settlement of property, and for purposes connected with the matters aforesaid.
Date of enforcement in Peninsular Malaysia on 1 January 1954, and in Sabah and Sarawak on 6 August 1964.
2. Nurses Act 1950
This Act may be cited as Sedition Act 1948. An Act is enacted to provide the punishment of sedition.
Date of enforcement in Penisular Malaysia on 19 July 1948, in Sabah on 28 May 1964 and in Sarawak on 20 November 1969.
3. Election Offences Act 1954
An Act to prevent electoral offences and corrupt and illegal practices at elections; to provide for the establishment of enforcement teams and for matters connected therewith; to provide for the appointment of election agents and to control election expenses; and to provide for election petitions.
Date of enforcement in Peninsular Malaysia and Federal Territory of Putrajaya on 30 April 1954. In Sabah and Federal territory of Labuan, this Act is started to be enforced 1 August 1965 while in Sarawak on 1 November 1966.
4. Stamp Act 1949
An Act relating to stamp duties. The date of enforcement in Peninsular Malaysia was on 5 December 1949; while in the Sabah and Sarawak was 1 October 1989.
5. Internal Security Act 1960
An Act to provide for the internal security of Malaysia, preventive, detention, the prevention of subversion, the suppression of organized violence against persons and property in specified areas of Malaysia, and for matters incidental thereto.
This Act started to be enforced in Peninsular Malaysia was on 1 August 1960 while in the Sabah and Sarawak was on 16 September 1963.
6. Subordinate Courts Act 1948
An Act relating to the inferior courts in Peninsular Malaysia. The date of enforcement in Peninsular Malaysia was on 1 January 1949 while in the Sabah and Sarawak was on 1 June 1981.
7. Statutory Declaration Act 1960
An Act to provide for the making (and taking) of statutory declarations and for purposes connected with it and incidental to it. The date of enforcement in Peninsular Malaysia was on 1 June 1961 while in the Sabah and Sarawak was on 1 January 1969. This Act may be cited as the Statutory Declarations Act 1960.
8. Evidence Act 1950
An Act to define the law of evidence.The date of enforcement in Peninsular Malaysia was on 23 May 1950 while in Sabah and Sarawak was on 1 November 1971. This Act may be cited as the Evidence Act 1950.
9. Sedition Act 1948
An Act to provide for the punishment of sedition.The date of enforcement in Peninsular Malaysia was on 19 July 1948 while in Sabah was on 28 May 1964 and in Sarawak was on 20 November 1969. This Act may be cited as the Sedition Act 1948.
10. Contract Act 1950
An Act relating to contracts.The date of enforcement in Kuala Lumpur, Johore, Kedah, Kelantan, Negeri Sembilan, Pahang, Perak, Perlis, Selangor and Terengganu were on 23 May 1950 while in Malacca, Penang, Sabah and Sarawak were on 1 July 1974.