Courts of Judicature Act 1964

LAWS OF MALAYSIA
ONLINE VERSION OF UPDATED

TEXT OF REPRINT
Act 91
COURTS OF JUDICATURE
ACT 1964
As at 1 August 2014
2
COURT OF JUDICATURE ACT 1964
First Enacted … … … 1964 (Act No.7 of 1964)
Revised … … … 1972 (Act 91 w.e.f

1 November 1972)
Latest amendment made by

Act A1229 which came
into operation on … … … … 6 Mac 2007
PREVIOUS REPRINTS
First Reprint … … … 1988

Second Reprint … … … 1994
Third Reprint … … … 1999
Fourth Reprint … … … 2006
3
LAWS OF MALAYSIA
Act 91
COURTS OF JUDICATURE ACT 1964
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY AND GENERAL
Preliminary
Section
1. Citation
2. (Omitted)
3. Interpretation
4. Provisions to prevent conflict of laws
5. (Deleted)
General
6. Seals of Courts
7. Process of Courts
8. Precedence of Judges
9. Exercise of powers during incapacity or absence
10. Registrars
11. Commissioners for Oaths
12. Sheriffs
13. Contempt
4 Laws of Malaysia ACT 91
Section
14. Protection of Judges and other judicial officers
15. Courts to be open and public
16. Rules of court
17. Making of rules of court
17A. Council of Judges
PART II
THE HIGH COURT
General
18. Proceedings in High Court to be disposed of by single Judge

19. Sittings of the High Court
20. Distributions of business
21. Vacations
Original Jurisdiction
22. Criminal jurisdiction

23. Civil jurisdiction—general
24. Civil jurisdiction—specific
24A. Reference under order of court
25. Powers of the High Court
25A. Orders for interim payment
Appellate Jurisdiction
26. Appellate criminal jurisdiction

27. Appellate civil jurisdiction
28. Civil appeals from subordinate courts
29. Civil appeals to be by way of re-hearing
30. Reference of constitutional question by subordinate court
Courts of Judicature 5
Revision
Section
31. Revision of criminal proceedings of subordinate courts
32. Power of High Court to call for records of civil proceedings in subordinate
courts
33. Powers of High Court on revision of civil proceedings
34. No revision at instance of party who could have appealed
35. General supervisory and revisionary jurisdiction of High Court
36. Discretion of Court as to hearing parties
37. Special provision as to States of Malaya
PART III
THE COURT OF APPEAL
General
38. Composition of the Court of Appeal

39. Sittings of the Court
40. Vacations
41. Proceedings how decided
42. Continuation of proceedings notwithstanding absence of Judge
43. Applications
44. Incidental directions and interim orders
45-49. (Deleted)
Appellate Jurisdiction —Criminal Appeals
50. Jurisdiction to hear and determine criminal appeals

51. Notice of appeal
52. Record of proceedings
Section
53. Petition of appeal
54. Procedure where appellant in prison
55. Transmission of papers to Court of Appeal
56. Appeals out of time and formal defects
56A. On appeal against acquittal, accused may be arrested
57. Appeal not to operate as stay of execution
58. Summary rejection of appeal
59. Notice and time of hearing
60. Powers of Court of Appeal
61. Additional evidence
62. Judgment
63. Certification of judgement
64-66. (Deleted)
Appellate Jurisdiction —Civil Appeals
67. Jurisdiction to hear and determine civil appeals

68. Non-appealable matters
69. Hearing of appeals
70. Costs of appeal
71. New trial
72. Immaterial errors
PART IV
THE FEDERAL COURT
General
74. Composition of the Federal Court

75. Sittings of the Court
Section
76. Vacations
77. Proceedings how decided
78. Continuation of proceedings notwithstanding absence of Judge
79. Applications
80. Incidental directions and interim orders
81. Jurisdiction and powers
82. Judgement to be declaratory
83. Costs
84. Reference of constitutional question by High Court
85. Proceedings in Federal Court

86. Jurisdiction and powers
87. Jurisdiction to hear and determine criminal appeals
88. On appeal against acquittal, accused may be arrested
90. Summary rejection of appeal
91. Notice and time of hearing
92. Powers of Federal Court
93. Additional evidence
94. Judgment
95. Certifications of judgment

96. Conditions of appeal
97. Leave to appeal
98. Procedure to enforce order of the Federal Court
99. Costs
Section
100. New trial
101. Immaterial errors
SCHEDULE
9
LAWS OF MALAYSIA
Act 91
An act relating to the superior Courts of Judicature.
[Throughout Malaysia ─ 16 March 1964, L.N. 85/1964]
PART I
PRELIMINARY AND GENERAL
Preliminary
Citation
1. This Act may be cited as the Courts of Judicature Act 1964.
2. (Omitted).
Interpretation
3. In this Act, unless the context otherwise requires—
“action” means a civil proceeding commenced by writ or in such other

manner as is prescribed by rules of court, but does not include a criminal
proceeding;
“cause” includes any action, suit or other original proceeding between a

plaintiff and defendant, and any criminal proceeding;
“Chief Judge” means the Chief Judge of the High Court in Malaya or of the
High Court in Sabah and Sarawak, as the case may require;
“Constitution” means the Constitution of Malaysia;
“Court” means the Federal Court, the Court of Appeal or the High Court,
as the case may require;
“decision” means judgment, sentence or order, but does not include any
ruling made in the course of a trial or hearing of any cause or matter which
does not finally dispose of the rights of the parties;
“High Court” means the High Court in Malaya and the High Court in
Sabah and Sarawak or either of them, as the case may require;
“Judge” means a Judge of the Federal Court, of the Court of Appeal or of

the High Court, and includes the Chief Justice, the President and a Chief
Judge;
“local jurisdiction” means—
(a) in the case of the High Court in Malaya, the territory comprised
in the States of Malaya, namely, Johore, Kedah, Kelantan,
Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis,
Selangor, Terengganu and the Federal Territory* of Kuala
Lumpur; and
(b) in the case of the High Court in Sabah and Sarawak, the
territory comprised in the States of Sabah, Sarawak and the
Federal Territory of Labuan,
including, in either case, the territorial waters and the air space above those
States and the territorial waters;
“Malaysia Day” means the 16 September 1963;
*NOTE—This Act is applicable to Federal Territory of Putrajaya–vide Section 6 of Constitution (Amendment)

Act 2001 [Act A1095].
“matter” includes every proceeding in court not in a cause;
“permanent resident” means a person who has permission granted without

limit of time under any federal law to reside in Malaysia, and includes a
person treated as such under any written law relating to immigration;
“President” means the President of the Court of Appeal;
“proceeding” means any proceeding whatsoever of a civil or criminal

nature and includes an application at any stage of a proceeding;
“Registrar” means the Chief Registrar and any Registrar, Deputy Registrar,
Senior Assistant Registrar or Assistant Registrar appointed under section 10;
“subordinate court” means any inferior court from the decisions of which
by reason of any written law there is a right of appeal to the High Court and
means in relation to the High Court and such court as by any written law has
jurisdiction within the local jurisdiction of the High Court.
Provision to prevent conflict of laws
4. In the event of inconsistency or conflict between this Act and any other
written law other than the Constitution in force at the commencement of this
Act, the provisions of this Act shall prevail.
5. (Deleted by Act A606).
General
Seals of Courts
6. (1) The Federal Court shall have and use as occasion may require a seal
or stamp of such nature and pattern as the Chief Justice may, by notification
in the Gazette, prescribe.
(1A) The Court of Appeal shall have and use as occasion may require a
seal or stamp of such nature and pattern as the President may, by notification
in the Gazette, prescribe.
(2) The High Court shall have and use as occasion may require a seal or
stamp of such nature and pattern as the Chief Judge may, by notification in
the Gazette, prescribe.
Process of Courts
7. (1) All writs, summonses, warrants, orders, rules, notices and

mandatory processes whatsoever, whether civil or criminal, shall be issued
and shall be expressed to be issued by the Chief Justice, President or Chief
Judge, as the case may be, in the name of the Yang di-Pertuan Agong and
shall be signed by the Registrar and sealed or stamped with the seal or stamp
of the Court issuing or making the same.
(2) All writs, summonses, warrants, orders, rules, notices, and other
processes whatsoever, whether civil or criminal, issued or made by or by the
authority of the Court respecting any cause or matter within its jurisdiction
shall have full force and effect and may be served or executed anywhere
within Malaysia.
Precedence of Judges
8. The Judges shall take precedence in the following order:
(a) the Chief Justice;
(b) the President;
(ba) the Chief Judge of the High Court in Malaya;
(bb) the Chief Judge of the High Court in Sabah and Sarawak;
(c) the Judges of the Federal Court according to the priority of their
respective appointments as Judges of the Federal Court and
where they are appointed on the same date, in such order as
may be assigned to them by the Yang di-Pertuan Agong;
(ca) the Judges of the Court of Appeal according to the priority of

their respective appointments as Judges of the Court of Appeal,
and where they are appointed on the same date, in such order as
may be assigned to them by the Yang di-Pertuan Agong; and
(d) the other Judges according to the priority of their respective

appointments as Judges and where they are appointed on the
same date, in such order as may be assigned to them by the
Yang di-Pertuan Agong.
Exercise of powers during incapacity or absence
9. (1) Whenever during any period, owing to illness or absence from

Malaysia or any other cause, the Chief Justice is unable to exercise the
powers or perform the duties of his office (including his functions under the
Constitution), or in the event of a vacancy in the office, the powers shall be
had and may be exercised and the duties shall be performed—
(a) by the President; or
(b) where the President is absent from Malaysia or unable to act, or

in the event of a vacancy in the office, by the Chief Judge of the
High Court in Malaya; or
(c) where the President and the Chief Judge of the High Court in
Malaya are absent from Malaysia or unable to act, or in the
event of a vacancy in the offices, by the Chief Judge of the High
Court in Sabah and Sarawak; or
(d) where the President, the Chief Judge of the High Court in
Malaya and the High Court in Sabah and Sarawak are absent
from Malaysia or unable to act, or in the event of a vacancy in
the offices, by the Judge of the Federal Court nominated for that
purpose by the Yang di-Pertuan Agong.
(1A) Whenever during any period, owing to illness or absence from

Malaysia or any other cause, the President is unable to exercise the powers or
perform the duties of his office, the powers shall be had and may be
exercised and the duties shall be performed by a Judge of the Federal Court
designated for that purpose by the Chief Justice after consulting the
President.
(1B) Whenever during any period, owing to illness or absence from

Malaysia or any other cause, the Chief Judge of the High Court in Malaya is
unable to exercise the powers or perform the duties of his office, the powers
shall be had and may be exercised and the duties shall be performed by a
Judge of the Federal Court designated for that purpose by the Chief Justice
after consulting the Chief Judge of that High Court.
(2) Whenever during any period, owing to illness or absence from

Malaysia or any other cause, the Chief Judge of the High Court in Sabah and
Sarawak is unable to exercise the powers or perform the duties of his office,
the powers shall be had and may be exercised and the duties shall be
performed by a Judge of the Federal Court or of that High Court designated
for that purpose by the Chief Justice after consulting the Chief Judge of that
High Court.
(3) Wherever the office of the President or any Chief Judge is vacant, the
powers of the President or any such Chief Judge shall be had and may be
exercised and his duties shall be performed by—
(a) Judge of the Federal Court; or
(b) respect of a vacancy in the office of the Chief Judge of the High
Court in Sabah and Sarawak, a Judge of the Federal Court or a
Judge of that High Courts,
designated for that purpose by the Chief Justice.

Registrars
10. (1) Subject to subsection (4), the Chief Registrar, Deputy Registrars,
Senior Assistant Registrars and Assistant Registrars of the Federal Court and
the Registrars, Deputy Registrars, Senior Assistant Registrars and Assistant
Registrars of the Court of Appeal and of the High Courts shall be appointed
by the Yang di-Pertuan Agong on the recommendation of the Chief Justice.
(2) Subject to any directions that the Chief Justice may issue, the
Registrars, Deputy Registrars, Senior Assistant Registrars and Assistant
Registrars of the High Court may exercise the powers and perform the duties
of the Chief Registrar or Registrar, Deputy Registrars, Senior Assistant
Registrars and Assistant Registrars respectively of the Federal Court or the
Court of Appeal.
(3) The Chief Registrar, Registrars, Deputy Registrars, Senior Assistant

Registrars and Assistant Registrars appointed under this Act shall subject to
this Act or any other written law have the same jurisdiction, powers and
duties as the Masters of the Supreme Court, Clerks of Criminal Courts,
Registrars and like officers in the Supreme Court of Judicature in England
and, in addition, such further jurisdiction, powers and duties as may be
prescribed by rules of court.
(4) The Magistrates the local limits of whose jurisdiction extend to the
towns in which registries of the High Court are situate shall be ex-officio
Senior Assistant Registrars of the High Court for all purposes.
Commissioners for Oaths
11. (1) Any Registrar and any person appointed by the Chief Justice to
be a Commissioner for Oaths (subject to any limitations expressed in his
appointment) may do all or any of the following things:
(a) receive acknowledgments of married women in all cases where

acknowledgments are required by law to be taken before a
public officer;
(b) receive acknowledgments of recognizances of bail and bail-

bonds;
(c) administer oaths for—
(i) the justification for bail;
(ii) taking any affidavit or affirmation;
(iii) receiving and taking the answer, plea, demurrer,

disclaimer, allegation or examination of any party or
parties to any action;
(iv) the examination of any witnesses upon any

interrogatories or de bene esse or in chief or on any
other occasions;
(v) swearing executors and administrators; and
(vi) swearing persons in any action, matter or proceeding,

which is pending or about to be instituted in any court in
any of its jurisdictions; and
(d) take and receive statutory declarations.
(2) The Chief Justice may make rules for the appointment, conduct, fees
to be charged by and for all things appertaining to Commissioners for Oaths
and persons appointed by him under subsection (1).
Sheriffs
12. (1) The Registrar of the High Court shall be Sheriff and there
shall be such bailiffs, process servers and other subordinate officers as are
appointed.
(2) The Sheriff or his officers shall execute all writs, summonses,
warrants, orders, rules, notices, commands and other processes of any Court
which are given to him by the Court for that purpose, and shall make a return
of the same together with the manner of the execution thereof to the Court
from which the process issued, and shall receive all such persons as are
committed to his custody by the Court.
(3) The Sheriff or his officers in executing any writ of seizure and sale or
any other writ of execution or of distress may effect an entry into any
building, and for that purpose if necessary may break open any outer or inner
door or window of the building or any receptacle therein, using such force as
is reasonably necessary to effect an entry.
Contempt
13. The Federal Court, the Court of Appeal and the High Court shall have
power to punish any contempt of itself.
Protection of Judges and other judicial officers
14. (1) No Judge or other person acting judicially shall be liable to be

sued in any civil court for any act done or ordered to be done by him in the
discharge of his judicial duty, whether or not within the limits of his
jurisdiction, nor shall any order for costs be made against him, provided that
he at the time in good faith believed himself to have jurisdiction to do or
order the act complained of.
(2) No officer of any court or other person bound to execute the lawful
warrants or orders of any Judge or other person acting judicially shall be
liable to be sued in any civil court for the execution of any warrant or order
which he would be bound to execute if within the jurisdiction of the person
issuing the same.
(3) No sheriff, bailiff or other officer of the Court charged with the duty
of executing any judgment, order or warrant of distress, or of attaching any
property before judgment, shall be liable to be sued in any civil court in
respect of any property seized by him, or in respect of damage caused to any
property in effecting, or attempting to effect the seizure, unless it shall
appear that he knowingly acted in excess of the authority conferred upon him
by the writ, warrant or order in question, and he shall not be deemed to have
acted knowingly in excess of his authority merely by reason of knowing of
the existence of a dispute as to the ownership of the property so seized.
Courts to be open and public
15. (1) The place in which any Court is held for the purpose of trying any
cause or matter, civil or criminal, shall be deemed an open and public court
to which the public generally may have access:
Provided that the Court shall have power to hear any cause or matter or any
part thereof in camera if the Court is satisfied that it is expedient in the
interests of justice, public safety, public security or propriety, or for other
sufficient reason so to do.
(2) A Court may at any time order that no person shall publish the name,
address or photograph of any witness in any cause or matter or any part thereof
tried or held or to be tried or held before it, or any evidence or any other thing
likely to lead to the identification of any such witness; and any person who
acts in contravention of any such order shall be guilty of an offence and shall,
on conviction, be liable to a fine not exceeding five thousand ringgit or to
imprisonment for a term not exceeding three years or to both.
Rules of court
16. Rules of court may be made for the following purposes:
(a) for regulating and prescribing the procedure (including the method
of pleading) and the practice to be followed in the High Court, the
Court of Appeal and the Federal Court in all causes and matters
whatsoever in or with respect to which those Courts have for the
time being jurisdiction (including the procedure and practice to be
followed in the registries of those Courts), and any matters
incidental to or relating to any such procedure or practice, including
(but without prejudice to the generality of the foregoing provision)
the manner in which, and the time within which, any applications
which are to be made to a High Court, to the Court of Appeal or to
the Federal Court shall be made;
(b) for regulating and prescribing the procedure on civil or criminal

appeals from any court or person to a High Court, the Court of
Appeal or the Federal Court;
(c) (Deleted by Act A606);
(d) for regulating the enforcement and execution by a High Court

of the decrees, judgments and orders of the Federal Court, of
the Court of Appeal or of the other High Court;
(e) for prescribing what part of the business which may be

transacted and of the jurisdiction which may be exercised by
Judges in court or in chambers may be transacted or exercised
by Registrars;
(f) for prescribing the fees and percentages to be taken in any

Court and for regulating any matters relating to the costs of
proceedings in any Court;
(g) for regulating the means by which particular facts may be

proved, and the mode in which evidence thereof may be given,
in any proceedings or on any application in connection with or
at any stage of any proceedings;
(h) for regulating the joinder of parties and for prescribing in what
cases persons absent, but having an interest in a cause or matter,
shall be bound by any order made therein, and in what cases
orders may be made for the representation of absent persons by
one or more parties to a cause or matter;
(i) for regulating the rate of interest payable on all debts, including
judgment debts, or on the sums found due on taking accounts
between parties, or on sums found due and unpaid by receivers
or other persons liable to account to the Court:
Provided that in no case shall any rate of interest exceed eight

per centum per annum, unless it has been otherwise agreed
between parties;
(j) for regulating the modes in which a writ of seizure and sale may
be executed, and the manner in which seizure may be made of
any property seizable thereunder, and the mode of sale by the
Sheriff or any other officer of the Court of any property so
seized, and the manner in which the right and title of purchasers
of that property at any sale by any officer of the Court may be
secured to the purchasers;
(k) for regulating the discovery of a judgment debtor's property in

aid of the execution of any judgment;
(l) for regulating the taking of evidence before an examiner or on

commission or by letters of request, and for prescribing the
circumstances in which evidence so taken may be read on the
trial of an action;
(m) for prescribing in what cases the Court may act upon the
certificate of accountants, actuaries or other scientific persons;
(n) for prescribing the duties of the Accountant General in respect of

funds or property in the custody of the Court, and in particular for
prescribing the mode of transfer of securities into the name of the
Accountant General, and the method of investment of any such
funds, and the rate of interest to be charged thereon, and, until other
provision is made in respect thereof, the manner in which unclaimed
funds may be dealt with;
(o) for amending, altering, or adding to the forms set out in any
written law relating to criminal procedure; and
(p) for any purpose for which rules of court may be made under any
written law.
Making of rules of court
17. (1) Rules of court under section 16 may be made by a Rules

Committee appointed as hereinafter provided.
(2) The Rules Committee shall consist of the following persons:
(a) the Chief Justice, who shall be the Chairman of the Committee;
(b) the President;
(c) the Chief Judges;
(d) a Judge of the Federal Court, a Judge of the Court of Appeal, a

Judge of the High Court in Malaya, and a Judge of the High
Court in Sabah and Sarawak, to be appointed by the Chief
Justice for such period as he may specify in writing;
(e) the Attorney General, or his nominee;
(f) the Senior Judge of the Sessions Court of Kuala Lumpur;
(g) three advocates, one practising in the States of Peninsular

Malaysia, one practising in Sabah and one practising in
Sarawak, appointed by the Chief Justice for such period as he
may specify in writing; and
*(h) the Secretary General of the Ministry of Law, or his nominee.
(2A) In the absence of the Chief Justice, the President or the Chief Judge
of the High Court in Malaya or the Chief Judge of the High Court in Sabah
and Sarawak present shall be Chairman of the Committee.
*NOTE—The Ministers of the Federal Government Order 1991 [P.U. (A) 176/1991] is revoked by the Ministers of
the Federal Government Order 1995 [P.U. (A) 203/1995].
(3) At any meeting of the Rules Committee five members shall form a
quorum. All questions shall be decided by a majority of votes of members
present and voting:
Provided that—
(a) no rules shall be made relating to the Federal Court or the

Court of Appeal without the consent thereto of the Chief
Justice; and
(b) no rules shall be made relating to any High Court without the
consent thereto of the Chief Judge of that High Court.
(3A) Rules of court which have financial implications shall be referred to

the Government for approval.
(4) Rules of court shall be published in the Gazette, and shall come into
force on the date of publication or on such date as may be specified therein.
(5) Rules of court shall be laid before the Dewan Rakyat at the first
meeting after their publication, and may be disapproved in whole or in part
by a resolution of the Dewan Rakyat.
(6) (Omitted).
(7) (Omitted).
Council of Judges
17A. (1) The Chief Justice may convene a Council of all the Judges as and
when he deems it necessary but so that there shall be at least one meeting in
each year.
(1 A) The President may, with the approval of the Chief Justice,

convene a Council of Judges of the Court of Appeal as and when he
deems it necessary.
(2) The Chief Judge may, with the approval of the Chief Justice,
convene a Council of Judges of the High Court as and when he deems it
necessary.
PART II
THE HIGH COURT
General
Proceedings in High Court to be disposed of by single Judge
18. (1) Every proceeding in the High Court and all business arising
thereout shall, save as provided by any written law, be heard and disposed of
before a single Judge.
(2) Whenever any Judge, after having heard and recorded the whole or
any part of the evidence in a proceeding, is unable through death, illness or
other cause to conclude the proceeding, another Judge may—
(a) continue with the proceeding from the stage at which the
previous Judge left it and—
(i) act on the evidence already recorded by the previous

Judge; or
(ii) act on the evidence partly recorded by the previous Judge

and partly by himself; or
(b) resummon the witnesses and recommence the proceeding.
(3) Where the Judge acts under subparagraph 2(a)(i) he may, either on
his volition or at the request of any party to the proceeding, recall any of the
witnesses as in respect of any part of the evidence already recorded, or he
may take their evidence afresh:
Provided that in respect of a criminal proceeding, the Court of Appeal and

the Federal Court may, on appeal, set aside any conviction had on evidence
not wholly recorded by the Judge before whom the conviction was had if
such Court is of the opinion that the accused had been materially prejudiced
thereby, and may order a new trial.
Sittings of the High Court
19. The High Court shall sit at such times and at such places as the Chief
Judge shall from time to time appoint.
Distribution of business
20. The distribution of business among the Judges of the High Court shall
be made in accordance with such directions, which may be of a general or a
particular nature, as may be given by the Chief Judge.
Vacations
21. The Chief Judge may make rules as to vacations of the High Court not
exceeding one month in any calendar year.
Criminal jurisdiction
22. (1) The High Court shall have jurisdiction to try—
(a) all offences committed—
(i) within its local jurisdiction;
(ii) on the high seas on board any ship or on any aircraft

registered in Malaysia;
(iii) by any citizen or any permanent resident on the high

seas on board any ship or on any aircraft;
(iv) by any person on the high seas where the offence is

piracy by the law of nations; and
(b) offences under Chapters VI and VIA of the Penal Code [Act 574],
and under any of the written laws specified in the Schedule to the
Extra-Territorial Offences Act 1976 [Act 163], or offences under
any other written law the commission of which is certified by the
Attorney General to affect the security of Malaysia committed as
the case may be,—
(i) on the high seas on board any ship or on any aircraft

registered in Malaysia;
(ii) by any citizen or any permanent resident on the high

seas on board any ship or on any aircraft;
(iii) by any citizen or any permanent resident in any place

without and beyond the limits of Malaysia;
(iv) by any person against a citizen of Malaysia;
(v) by any person against property belonging to the

Government of Malaysia or the Government of any
State in Malaysia located outside Malaysia, including
diplomatic or consular premises of Malaysia;
(vi) by any person to compel the Government of Malaysia or

the Government of any State in Malaysia to do or refrain
from doing any act;
(vii) by any stateless person who has his habitual residence in

Malaysia;
(viii) by any person against or on board a fixed platform while

it is located on the continental shelf of Malaysia; or
(ix) by any person who after the commission of the offence

is present in Malaysia.
(2) The High Court may pass any sentence allowed by law.
Civil jurisdiction—general
23. (1) Subject to the limitations contained in Article 128 of the

Constitution the High Court shall have jurisdiction to try all civil
proceedings where—
(a) the cause of action arose;
(b) the defendant or one of several defendants resides or has his

place of business;
(c) the facts on which the proceedings are based exist or are alleged
to have occurred; or
(d) any land the ownership of which is disputed is situated,
within the local jurisdiction of the Court and notwithstanding anything

contained in this section in any case where all parties consent in writing
within the local jurisdiction of the other High Court.
(2) Without prejudice to the generality of subsection (1), the High Court
shall have such jurisdiction as was vested in it immediately prior to Malaysia
Day and such other jurisdiction as may be vested in it by any written law in
force within its local jurisdiction.
Civil jurisdiction—specific
24. Without prejudice to the generality of section 23 the civil jurisdiction

of the High Court shall include—
(a) jurisdiction under any written law relating to divorce and

matrimonial causes;
(b) the same jurisdiction and authority in relation to matters of

admiralty as is had by the High Court of Justice in England
under the United Kingdom Supreme Court Act 1981;
(c) jurisdiction under any written law relating to bankruptcy or to

companies;
(d) jurisdiction to appoint and control guardians of infants and

generally over the person and property of infants;
(e) jurisdiction to appoint and control guardians and keepers of the

person and estates of idiots, mentally disordered persons and
persons of unsound mind; and
(f) jurisdiction to grant probates of wills and testaments and letters

of administration of the estates of deceased persons leaving
property within the territorial jurisdiction of the Court and to
alter or revoke such grants.
Reference under order of Court
24A. (1) The High Court may refer any question arising in any cause or
matter, other than a criminal proceeding by the Public Prosecutor, for inquiry
or report to any special referee. The report of a special referee may be
adopted wholly or partially by the High Court and enforced as a decree,
judgment or order to the same effect.
(2) In any cause or matter other than a criminal proceeding by the Public
Prosecutor—
(a) if all the parties interested who are not under disability consent;
(b) if the cause or matter requires any prolonged examination of

documents or any scientific or local investigation which cannot,
in the opinion of the High Court, conveniently be conducted by

the Court through its ordinary officers; or
(c) if the question in dispute consists wholly or in part of matters of

account,
the High Court may at any time order the whole cause or matter or any
question or issue of fact arising therein to be tried before a special referee or
arbitrator respectively agreed on by the parties or before an officer of the
Court.
(3) (a) In all cases of reference to a special referee or arbitrator under

an order of the High Court in any cause or matter, the special referee or
arbitrator shall be deemed to be an officer of the Court and shall have such
authority and shall conduct the reference in such manner as is prescribed by
rules of court, and subject thereto as the High Court may direct.
(b) The report or award of any special referee or arbitrator on any such
reference shall, unless set aside by the High Court, be equivalent to the decree,
judgment or order of the Court.
(c) The remuneration to be paid to any special referee or arbitrator to

whom any matter is referred under order of the High Court shall be
determined by the Court.
(4) The High Court shall, as to references under order of the Court,
have all the powers which are by the *Arbitration Act 2005 [Act 646],
conferred on the High Court as to references by consent out of Court.
Powers of the High Court
25. (1) Without prejudice to the generality of Article 121 of the

Constitution the High Court shall in the exercise of its jurisdiction have all
the powers which were vested in it immediately prior to Malaysia Day and
*
NOTE—This Act has replaced Arbitration Act 1952 [Act 93]–see section 51 of Act 646.
such other powers as may be vested in it by any written law in force within
its local jurisdiction.
(2) Without prejudice to the generality of subsection (1) the High Court
shall have the additional powers set out in the Schedule:
Provided that all such powers shall be exercised in accordance with any
written law or rules of court relating to the same.
Orders for interim payment
25A. (1) As regards proceedings pending in the High Court, provision may
be made by rules of court for enabling the Court in such circumstances as may
be prescribed, to make an order requiring a party to the proceedings to make
an interim payment of such amount as may be specified in the order, with
provision for the payment to be made to such other party to the proceedings as
may be so specified or, if the order so provided, by paying it into Court.
(2) Any rules of court which make provision in accordance with

subsection (1) may include provision for enabling a party to any proceedings
who, in pursuance of such an order has made an interim payment, to recover
the whole or part of the amount of the payment in such circumstances and
from such other party to the proceedings as may be determined in accordance
with the rules.
(3) Any rules made by virtue of this section may include such incidental,
supplementary and consequential provisions as may be considered necessary
or expedient.
(4) Nothing in this section shall be construed as affecting the exercise of

any power relating to costs, including any power to make rules of court
relating to costs.
(5) In this section “interim payment”, in relation to a party to any

proceedings, means a payment on account of any damages, debt or other sum
excluding any costs which that party may be held liable to pay to or for the
benefit of another party to the proceedings if a final judgment or order of the

Court in the proceedings is given or made in favour of that other party.
Appellate Jurisdiction
Appellate criminal jurisdiction
26. The appellate criminal jurisdiction of the High Court shall consist of the
hearing of appeals from subordinate courts according to any law for the time
being in force within the territorial jurisdiction of the High Court.
Appellate civil jurisdiction
27. The appellate civil jurisdiction of the High Court shall consist of the
hearing of appeals from subordinate courts as hereinafter provided.
Civil appeals from subordinate courts
28. (1) Subject to any other written law, no appeal shall lie to the High
Court from a decision of a subordinate court in any civil cause or matter
where the amount in dispute or the value of the subject-matter is *ten
thousand ringgit or less except on a question of law.
(2) An appeal shall lie from any decision of a subordinate court in any
proceedings relating to maintenance of wives or children, irrespective of the
amount involved.
Civil appeals to be by way of re-hearing
29. All civil appeals from a subordinate court shall be by way of re-
hearing, and the High Court shall have the like powers and jurisdiction on
the hearing of appeals as the Court of Appeal has on the hearing of appeals
from the High Court.
*NOTE —Previously “Five thousand ringgit”–see Act A530.

Reference of constitutional question by subordinate court
30. (1) Where in any proceedings in any subordinate court any question
arises as to the effect of any provision of the Constitution the presiding
officer of the court may stay the proceedings and may transmit the record
thereof to the High Court.
(2) Any record of proceedings transmitted to the High Court under this
section shall be examined by a Judge of the Court and where the Judge
considers that the decision of a question as to the effect of a provision of the
Constitution is necessary for the determination of the proceedings he shall
deal with the case in accordance with section 84 as if it were a case before
him in the original jurisdiction of the High Court in which the question had
arisen.
(3) Subsections (1) and (2) shall be deemed to be rules of court for the
purposes of Article 128(2) of the Constitution.
Revision
Revision of criminal proceedings of subordinate courts
31. The High Court may exercise powers of revision in respect of

criminal proceedings and matters in subordinate courts in accordance
with any law for the time being in force relating to criminal proc edure.
Power of High Court to call for records of civil proceedings in

subordinate courts
32. The High Court may call for and examine the record of any civil
proceedings before any subordinate court for the purpose of satisfying
itself as to the correctness, legality or propriety of any decision
recorded or passed, and as to the regularity of any proceedings of any
such subordinate court.
Powers of High Court on revision of civil proceedings
33. In the case of any civil proceedings in subordinate court the record of
which has been called for, or which otherwise comes to its knowledge, the
High Court may give such orders thereon, either by directing a new trial or
otherwise, as seems necessary to secure that substantial justice is done.
No revision at instance of party who could have appealed
34. Where an appeal lies from any decision in any civil matter, and no
appeal is brought, no proceeding by way of revision shall be entertained at
the instance of a party who could have appealed.
General supervisory and revisionary jurisdiction of High Court
35. (1) In addition to the powers conferred on the High Court by this or
any other written law, the High Court shall have general supervisory and
revisionary jurisdiction over all subordinate courts, and may in particular, but
without prejudice to the generality of the foregoing provision, if it appears
desirable in the interests of justice, either of its own motion or at the instance
of any party or person interested, at any stage in any matter or proceeding,
whether civil or criminal, in any subordinate court, call for the record
thereof, and may remove the same into the High Court or may give to the
subordinate court such directions as to the further conduct of the same as
justice may require.
(2) Upon the High Court calling for any record as aforesaid all
proceedings in the subordinate court in the matter or proceeding in question
shall be stayed pending further order of the High Court.
Discretion of Court as to hearing parties
36. Subject to any written law for the time being in force no party shall
have any right to be heard before the High Court when exercising its powers
of revision and supervision:
Provided that no final order shall be made to the prejudice of any person
unless the person has had an opportunity of being so heard.
Special provision as to States of Malaya
37. Where in any criminal proceeding before a subordinate court in the

States of Malaya a sentence has been passed by the court in exercise of the
special powers of punishment conferred by subsection 87(2) of the
Subordinate Courts Act 1948 [Act 92], and no notice of appeal has been
lodged against the sentence according to the law for the time being in force
relating to criminal procedure, the subordinate court shall transmit the record
of the proceeding to the High Court so that the High Court may satisfy itself
as to the correctness, legality or propriety of the sentence, and the High Court
may thereupon exercise the powers conferred upon it by section 31.
PART III
THE COURT OF APPEAL
General
Composition of the Court of Appeal
38. (1) Subject as hereinafter provided, every proceeding in the Court

of Appeal shall be heard and disposed of by three Judges or such greater
uneven number of Judges as the President may in any particular case
determine.
(2) In the absence of the President the senior member of the Court shall
preside.
Sittings of the Court
39. (1) The Court shall sit on such dates and at such places as the
President may from time to time appoint:
Provided that the President may, when he deems it expedient, direct that
any appeal be heard at any time and in any place in Malaysia.
(2) The President may cancel or postpone any sitting of the Court which
has been appointed under subsection (1).
Vacations
40. The President may make rules as to vacations of the Court of Appeal
not exceeding one month in any calendar year.
Proceedings how decided
41. Proceedings shall be decided in accordance with the opinion of the

majority of the Judges composing the Court.
Continuation of proceedings notwithstanding absence of Judge
42. (1) If, in the course of any proceeding, or, in the case of a
reserved judgment, at any time before delivery of the judgment, any
Judge of the Court hearing the proceeding is unable, through illness or
any other cause, to attend the proceeding or otherwise exercise his
functions as a Judge of that Court, the hearing of the proceeding shall
continue before, and judgment or reserved judgment as the case may be
shall be given by, the remaining Judges of the Court, not being less than
two, and the Court shall, for the purposes of the proceeding, be deemed
to be duly constituted notwithstanding the absence or inability to act of
the Judge as aforesaid.
(2) In any such case as is mentioned in subsection (1) the proceeding

shall be determined in accordance with the opinion of the majority of the
remaining Judges of the Court, and, if there is no majority the proceeding
shall be re-heard.
(3) (Deleted by Act A1031).

Applications
43. Wherever application may be made either to the High Court or to the
Court of Appeal, it shall be made in the first instance to the High Court.
Incidental directions and interim orders
44. (1) In any proceeding pending before the Court of Appeal any
direction incidental thereto not involving the decision of the proceeding, any
interim order to prevent prejudice to the claims of parties pending the
hearing of the proceeding, any order for security for costs, and for the
dismissal of a proceeding for default in furnishing security so ordered may at
any time be made by a Judge of the Court of Appeal.
(2) Every application under subsection (1) shall be deemed to be a

proceeding in the Court of Appeal.
(3) Every order made under subsection (1) may, upon application by the
aggrieved party made within ten days after the order is served, be affirmed,
varied or discharged by the Court.
45 - 49. (Deleted by Act A886).
Appellate Jurisdiction—Criminal Appeals
Jurisdiction to hear and determine criminal appeals
50. (1) Subject to any rules regulating the proceedings of the Court of
Appeal in respect of criminal appeals, the Court of Appeal shall have
jurisdiction to hear and determine any appeal against any decision made by
the High Court—
(a) in the exercise of its original jurisdiction; and
(b) in the exercise of its appellate or revisionary jurisdiction in

respect of any criminal matter decided by the Sessions Court.
(2) An appeal shall lie to the Court of Appeal, with the leave of the Court
of Appeal, against any decision of the High Court in the exercise of its
appellate or revisionary jurisdiction in respect of any criminal matter decided
by a Magistrates' Court but such appeal shall be confined to only questions
of law which have arisen in the course of the appeal or revision and the
determination of which by the High Court has affected the event of the
appeal or revision.
(2A) An application for leave under subsection (2) shall be made within
fourteen days after the date of the decision of the High Court.
(3) Notice of any appeal by the Public Prosecutor shall be signed by the
Public Prosecutor, the Solicitor General or any other officer authorized by
the Public Prosecutor and notwithstanding subsection (2) no leave of the
Court of Appeal is required.
(4) Except as otherwise provided in this section, an appeal may lie on a

question of fact or a question of law or on a question of mixed fact and law.
Notice of appeal
51. (1) Every appeal shall be by notice in writing which shall be filed
with the Registrar of the Court from which the appeal lies at the place where
the decision appealed against was given within fourteen days after the date of
the decision.
(2) Every notice of appeal shall state shortly the substance of the
judgment appealed against, shall contain an address at which any notices or
documents connected with the appeal may be served upon the appellant or
upon his advocate, and, except where the notice of appeal is given orally
under section 54, shall be signed by the appellant or his advocate:
Provided that, in a case of an appeal under subsection 50(2), the

computation of the aforesaid period of fourteen days shall commence from
the date immediately after leave has been granted by the Court of Appeal.
Record of proceedings
52. (1) When a notice of appeal has been filed the Judge by whom the
decision was given shall, if he has not already written his judgment, record in
writing the grounds of his decision, and the written judgment or grounds of
decision shall form part of the record of the proceedings.
(2) As soon as possible after notice of appeal has been filed the Registrar
shall cause to be served on the appellant or his advocate at his address for
service specified under subsection 51(2) a notice that a copy of the record is
available and can be had on applying for the same on payment of the
prescribed fee:
Provided that in the case of an appeal by the Public Prosecutor a copy of

such record shall be furnished to him without payment of any fee.
Petition of appeal
53. (1) Within ten days after service of the notice referred to in
subsection 52(2) the appellant shall file with the Registrar of the Court
from which the appeal lies a petition of appeal and five copies thereof
addressed to the Court of Appeal.
(2) Every petition of appeal shall be signed by the appellant or his

advocate and shall contain particulars of the matters of law or of fact in
regard to which the High Court is alleged to have erred, and, except by leave
of the Court of Appeal, the appellant shall not be permitted on the hearing of
the appeal to rely on any ground of appeal other than those set forth in the
petition.
(3) If a petition is not filed within the time prescribed by this section the
appeal shall be deemed to have been withdrawn, but nothing in this
subsection shall be deemed to limit or restrict the powers of extending time

conferred upon the Court of Appeal by section 56.
Procedure where appellant in prison
54. (1) If the appellant is in prison he shall be deemed to have complied

with the requirements of sections 51 and 53 if he gives to the officer in
charge of the prison either orally or in writing notice of appeal and the
particulars required to be included in the petition of appeal within the times
prescribed by those sections.
(2) The prison officer aforesaid shall forthwith forward the notice and
petition or the purport thereof to the Registrar of the Court from which the
appeal lies at the place where the decision appealed against was given.
Transmission of papers to Court of Appeal
55. (1) When an appellant has complied with sections 51 and 53 the
Registrar of the Court from which the appeal lies shall forthwith transmit to
the Court of Appeal four copies of the record of the proceedings in the case,
together with four copies of the notice of appeal and of the petition of appeal.
(2) The Registrar of the Court from which the appeal lies shall also
furnish the respondent or his advocate with a copy of the record of the
proceedings in the case and a copy of the notice of appeal and of the petition
of appeal.
Appeals out of time and formal defects
56. The Court of Appeal may in its discretion, on the application of any
person desirous of appealing who may be debarred from so doing by reason
of his not having observed some formality or some requirement of this Act,
permit an appeal upon such terms and with such directions as it may consider
desirable in order that substantial justice may be done in the matter, and may,
for the purpose, enlarge any period of time prescribed by section 51 or 53.
On appeal against acquittal, accused may be arrested
56A. Where an appeal is presented against an acquittal, the Court of

Appeal may issue a warrant directing that the accused be arrested and
brought before it and may remand him to prison pending the disposal of the
appeal or admit him to bail.
Appeal not to operate as stay of execution
57. (1) Except in the cases mentioned in subsection (3) and section 56 A,
no appeal shall operate as a stay of execution, but the High Court or the
Court of Appeal may stay execution on any judgment, order, conviction or
sentence pending appeal on such terms as to security for the payment of any
money or the performance or non-performance of any act or the suffering of
any punishment ordered by or in the judgment, order, conviction or sentence
as to the Court may seem reasonable.
(2) If the appellant is ultimately sentenced to imprisonment, the time during

which the execution of the sentence was stayed shall be excluded in computing the
term of his sentence unless the Court of Appeal otherwise orders.
(3) In the case of a conviction involving sentence of death or corporal

punishment—
(a) the sentence shall not in any case be executed until after the
expiration of the time within which notice of appeal may be
given under section 51, or any extension of time which may be
permitted under section 56; and
(b) if notice is so given the sentence shall not be executed until

after the determination of the appeal.
Summary rejection of appeal
58. Where the grounds of appeal do not raise any question of law and it
appears to the President and two other Judges of the Court of Appeal that the
evidence is sufficient to support the conviction and that there is no material

in the circumstances of the case which could raise a reasonable doubt
whether the conviction was right or lead the Court of Appeal to consider that
the sentence ought to be reduced, the appeal may, without being set down for
hearing, be summarily rejected by an order under the hand of the President,
certifying that the said Judges, having perused the record, are satisfied that
the appeal has been brought without any sufficient ground of complaint and
notice of the rejection shall be served upon the appellant:
Provided that —
(i) if, in any case rejected under this section, the appellant gives,
within seven days of service of notice of rejection upon him,
notice to the Registrar of the Court of Appeal of application for
leave to amend his grounds of appeal so as to raise a question of
law, accompanied by a certificate signed by an advocate
specifying the question to be raised and undertaking to argue it,
the Court of Appeal may grant leave to amend accordingly and
shall restore the appeal for hearing; and
(ii) for the purpose of this section, the question whether a sentence
ought to be reduced shall be deemed not to be a question of law.
Notice and time of hearing
59. Where the Court of Appeal does not reject an appeal summarily under
section 58, or where the Public Prosecutor is the appellant, the Court of
Appeal shall cause notice of the time and place for the hearing of the appeal
to be given to the parties thereto.
Powers of Court of Appeal
60. (1) At the hearing of an appeal the Court of Appeal shall hear the
appellant or his advocate, if he appears, and, if it thinks fit, the respondent or
his advocate, if he appears, and may hear the appellant or his advocate in
reply, and the Court of Appeal may thereupon confirm, reverse or vary the
decision of the High Court, or may order a retrial or may remit the matter
with the opinion of the Court of Appeal thereon to the trial court, or may
make such other order in the matter as to it may seem just, and may by that
order exercise any power which the trial court might have exercised:
Provided that the Court of Appeal may, notwithstanding that it is of

opinion that the point raised in the appeal might be decided in favour of the
appellant, dismiss the appeal if it considers that no substantial miscarriage of
justice has occurred.
(2) At the hearing of an appeal the Court of Appeal may, if it thinks that
a different sentence should have been passed, quash the sentence passed,
confirmed or varied by the High Court and pass such other sentence
warranted in law (whether more or less severe) in substitution therefor as it
thinks ought to have been passed.
(3) The Court of Appeal shall in no case make any order under this
section as to payment of costs of any appeal to or by the appellant or
respondent.
Additional evidence
61. (1) In dealing with any appeal in a criminal case the Court of Appeal
may, if it thinks additional evidence to be necessary, either take such
evidence itself or direct it to be taken by the trial court.
(2) When the additional evidence is taken by the trial court, it shall
certify the evidence, with a statement of its opinion on the case
considered with regard to the additional evidence, to the Court of
Appeal, and the Court of Appeal shall thereupon proceed to dispose of
the appeal.
(3) The parties to the appeal shall be present when additional evidence is
taken.
(4) In dealing with any appeal in a criminal case the Court of Appeal
may also, if it thinks fit, call for and receive from the trial court a report of
any matter connected with the trial.
Judgment
62. (1) On the termination of the hearing of an appeal the Court of Appeal
shall, either at once or on some future day which shall either then be
appointed for the purpose or of which notice shall subsequently be given to
the parties, deliver judgment in open court.
(2) In criminal appeals and matters the Court of Appeal shall ordinarily
give only one judgment, which may be pronounced by the President or by
such other member of the Court of Appeal as the President may direct:
Provided that separate judgments shall be delivered if the President so

determines.
(3) The judgment of any member of the Court of Appeal who is absent
may read by any other Judge.
Certification of judgment
63. (1) Whenever a criminal case is decided on appeal, the Court of

Appeal shall certify its judgment or order to the courts concerned.
(2) The courts concerned shall thereupon make such orders as are
conformable to the judgment or order of the Court of Appeal, and, if
necessary, the record shall be amended in accordance therewith.
(3) Upon the withdrawal or discontinuance of any appeal the Registrar of

the Court of Appeal shall notify the courts concerned accordingly, and stay
of execution has been granted, the sentence or order of the trial court or as
varied by the High Court in its appellate jurisdiction, as the case may be,
shall forthwith be enforced, but nothing in this subsection shall be deemed to
limit or restrict the powers of extending time conferred upon the Court of
Appeal by section 56.
64. (Deleted by Act A328).
65-66. (Deleted by Act A909).
Appellate Jurisdiction—Civil Appeals
Jurisdiction to hear and determine civil appeals
67. (1) The Court of Appeal shall have jurisdiction to hear and determine
appeals from any judgment or order of any High Court in any civil cause or
matter, whether made in the exercise of its original or of its appellate
jurisdiction, subject nevertheless to this or any other written law regulating the
terms and conditions upon which such appeals shall be brought.
(2) The Court of Appeal shall have all the powers conferred by section 24A
on the High Court under the provisions relating to references under order of the
High Court.
Non-appealable matters
68. (1) No appeal shall be brought to the Court of Appeal in any of the
following cases:
(a) when the amount or value of the subject-matter of the claim

(exclusive of interest) is less than *two hundred and fifty
thousand ringgit, except with the leave of the Court of
Appeal;
(b) where the judgment or order is made by consent of parties;
(c) where the judgment or order relates to costs only which by law
are left to the discretion of the Court, except with the leave of
the Court of Appeal; and
*NOTE —Previously “one hundred thousand” –see Act A606.

(d) where, by any written law for the time being in force, the
judgment or order of the High Court, is expressly declared to be
final.
(3) No appeal shall lie from a decision of a Judge in Chambers in a

summary way on an interpleader summons, where the facts are not in
dispute, except by leave of the Court of Appeal, but an appeal shall lie from a
judgment given in court on the trial of an interpleader issue.
Hearing of appeals
69. (1) Appeals to the Court of Appeal shall be by way of re-hearing,

and in relation to such appeals the Court of Appeal shall have all the
powers and duties, as to amendment or otherwise, of the High Court,
together with full discretionary power to receive further evidence by oral
examination in court, by affidavit, or by deposition taken before an
examiner or commissioner.
(2) The further evidence may be given without leave on interlocutory

applications, or in any case as to matter which have occurred after the date of
the decision from which the appeal is brought.
(3) Upon appeals from a judgment, after trial or hearing of any cause or
matter upon the merits, the further evidence, save as to matters subsequent as
aforesaid, shall be admitted on special grounds only, and not without leave of
the Court of Appeal.
(4) The Court of Appeal may draw inferences of fact, and give any
judgment, and make any order which ought to have been given or made, and
make such further or other orders as the case requires.
(5) The powers aforesaid may be exercised notwithstanding that the

notice of appeal relates only to part of the decision, and the powers may also
be exercised in favour of all or any of the respondents or parties although the
respondents or parties have not appealed from or complained of the decision.
Costs of appeal
70. The Court of Appeal may make such order as to the whole or any part
of the costs of appeal or in the court below as is just.
New trial
71. (1) Except as hereinafter provided the Court of Appeal shall have
power to order that a new trial be had of any cause or matter tried by the
High Court in the exercise of its original or appellate jurisdiction.
(2) A new trial shall not be granted on the ground of improper admission
or rejection of evidence unless in the opinion of the Court of Appeal some
substantial wrong or miscarriage of justice has been thereby occasioned; and
if it appears to the Court of Appeal that the wrong or miscarriage affects part
only of the matters in controversy, or some or one only of the parties, the
Court of Appeal may give final judgment as to part thereof, or as to some or
one only of the parties, and direct a new trial as to the other part only, or as
to the other party or parties.
(3) A new trial may be ordered on any question without interfering with
the finding or decision of the court below upon any other question.
Immaterial errors
72. No judgment or order of the High Court, or of any Judge, shall be

reversed or substantially varied on appeal, nor a new trial ordered by the
Court of Appeal, on account of any error, defect, or irregularity, whether in
the decision or otherwise not affecting the merits or the jurisdiction of the
Court.
73. An appeal shall not operate as a stay of execution or of proceedings

under the decision appealed from unless the court below or the Court of
Appeal so orders and no intermediate act or proceeding shall be invalidated
except so far as the Court of Appeal may direct.
*PART IV
THE FEDERAL COURT
General
Composition of the Federal Court
74. (1) Subject as hereinafter provided, every proceeding in the Federal

Court shall be heard and disposed of by three Judges or such greater uneven
number of Judges as the Chief Justice may in any particular case determine.
(2) In the absence of the Chief Justice, the most senior member of the
Court shall preside.
Sittings of the Court
75. (1) The Court shall sit on such dates and at such places as the Chief
Justice may from time to time appoint:
Provided that the Chief Justice may, when he deems it expedient, direct
that any appeal be heard at any time and in any place in Malaysia.
(2) The Chief Justice may cancel or postpone any sitting of the Court
which has been appointed under subsection (1).
Vacations
76. The Chief Justice may make rules as to vacations of the Federal Court
not exceeding one month in any calendar year.
*NOTE—The original provision of PART IV has been repealed by Act A600 –see sections 2 and 3 of that Act.
Proceedings how decided
77. Proceedings shall be decided in accordance with the opinion the

majority of the Judges composing the Court.
Continuation of proceedings notwithstanding absence of Judge
78. (1) If, in the course of any proceeding, or, in the case of a
reserved judgment, at any time before delivery of the judgment, any
Judge of the Court hearing the proceeding is unable, through illness or
any other cause, to attend the proceeding or otherwise exercise his
functions as a Judge of that Court, the hearing of the proceeding shall
continue before, and judgment or reserved judgment, as the case may
be, shall be given by, the remaining Judges of the Court, not being less
than two, and the Court shall, for the purposes of the proceeding, be
deemed to be duly constituted notwithstanding the absence or inability
to act of the Judge as aforesaid.
(2) In any such case as is mentioned in subsection (1) the proceeding

shall be determined in accordance with the opinion of the majority of the
remaining Judges of the Court, and, if there is no majority the proceeding
shall be re-heard.
Applications
79. Whenever application may be made either to the Court of Appeal or to

the Federal Court, it shall be made in the first instance to the Court of
Appeal.
Incidental directions and interim orders
80. (1) In any proceeding pending before the Federal Court any
direction incidental thereto not involving the decision of the
proceeding, any interim order to prevent prejudice to the claims of
parties pending the hearing of the proceeding, any order for security
for costs, and for the dismissal of a proceeding for default in furnishing
security so ordered may at any time be made by a Judge of the Federal
Court.
(2) Every application under subsection (1) shall be deemed to be a

proceeding in the Federal Court.
(3) Every order made under subsection (1) may, upon application by the
aggrieved party made within ten days after the order is served, be affirmed,
varied or discharged by the Court.
Jurisdiction and powers
81. Save as hereinafter in this Act provided the Federal Court for the
purposes of its jurisdiction under Article 128(1) and (2) of the Constitution
(herein called the “original jurisdiction”) shall have the same jurisdiction and
may exercise the same powers as are had and may be exercised by the High
Court.
Judgment to be declaratory
82. The Federal Court in the exercise of its original jurisdiction under
Article 128(1)(b) of the Constitution in respect of a dispute between States or
between the Federation and any State shall not pronounce any judgment
other than a declaratory judgment.
Costs
83. The Federal Court shall not make any order as to the costs of any
proceeding had under its original jurisdiction:
Provided that in any proceedings under section 84 the High Court may
make any order as to costs in respect of proceedings in the Federal Court.
Reference of constitutional question by High Court
84. (1) Where in any proceedings in the High Court a question arises as to
the effect of any provision of the Constitution the Judge hearing the
proceedings may stay the same on such terms as may be just to await the
decision of the question by the Federal Court.
(2) An order staying proceedings under this section may be made by the
Judge of his own motion or on the application of any party and shall be made
at such stage of the proceedings as the Judge may see fit having regard to the
decision of such questions of fact as may be necessary to be settled to assist
the Federal Court in deciding the question which has arisen and to the speedy
and economical final determination of the proceedings.
(3) Where an order for stay of proceedings has been made under this
section the Judge shall state the question which in his opinion has arisen as to
the effect of the Constitution in the form of a special case which so far as
may be possible shall state the said question in a form which shall permit of
an answer being given in the affirmative or the negative.
(4) Where a Judge shall have stated a special case under this section the
same shall be transmitted to the Federal Court in accordance with the rules of
court of the Federal Court.
Proceedings in Federal Court
85. (1) Where a special case has been transmitted to the Federal Court
under section 84, the Federal Court shall, subject to any rules of court of the
Federal Court, deal with the case and hear and determine it in the same way
as an appeal to the Federal Court.
(2) When the Federal Court shall have determined any special case under
this section the High Court in which the proceedings in the course of which
the case has been stated are pending shall continue and dispose of the
proceedings in accordance with the judgment of the Federal Court and
otherwise according to law.
Jurisdiction and powers
86. Save as in this Act provided, in the exercise of its appellate jurisdiction,
the Federal Court shall have the same jurisdiction, may exercise the same
powers and may make any order as are had and may be exercised or made by
the Court of Appeal or by the High Court.
Jurisdiction to hear and determine criminal appeals
87. (1) The Federal Court shall have jurisdiction to hear and
determine any appeal from any decision of the Court of Appeal in its
appellate jurisdiction in respect of any criminal matter decided by the
High Court in its original jurisdiction subject to any rules regulating the
proceedings of the Federal Court in respect of appeals from the Court of
Appeal.
(2) Notice of any appeal by the Public Prosecutor shall be signed by the
Public Prosecutor, the Solicitor General or any officer authorized by the
Public Prosecutor.
(3) An appeal may lie on a question of fact or a question of law or on a

question of mixed fact and law.
On appeal against acquittal, accused may be arrested
88. Where an appeal is presented against an acquittal, the Federal Court

may issue a warrant directing that the accused be arrested and brought before
it and may remand him to prison pending the disposal of the appeal or admit
him to bail.
89. (1) Except in the cases mentioned in subsection (3) and section
88, no appeal shall operate as a stay of execution on any judgment, order,
conviction or sentence pending appeal on such terms as to security for the
payment of any money or the performance or non-performance of any act or
the suffering of any punishment ordered by or in the judgment, order,
conviction, or sentence as to the Court may seem reasonable.
(2) If the appellant is ultimately sentenced to imprisonment, the time

during which the execution of the sentence was stayed shall be excluded in
computing the term of his sentence unless the Federal Court otherwise
orders.
(3) In the case of a conviction involving sentence of death or corporal

punishment —
(a) the sentence shall not in any case be executed until after the
expiration of the time within which notice of appeal may be given
or any extension of time which may be permitted; and
(b) if notice is so given the sentence shall not be executed until after
the determination of the appeal.
Summary rejection of appeal
90. Where the grounds of appeal do not raise any question of law and it
appears to the Chief Justice and two other Judges of the Federal Court that
the evidence is sufficient to support the conviction and that there is no
material in the circumstances of the case which could raise a reasonable
doubt whether the conviction was right or lead the Federal Court to consider
that the sentence ought to be reduced, the appeal may, without being set
down for hearing, be summarily rejected by an order under the hand of the
Chief Justice, certifying that the said Judges, having perused the record, are
satisfied that the appeal has been brought without any sufficient ground of
complaint and notice of the rejection shall be served upon the appellant:
Provided that—
(i) if, in any case rejected under this section, the appellant gives,
within seven days of service of notice of rejection upon him,
notice to the Registrar of the Federal Court of application for
leave to amend his grounds of appeal so as to raise a question of
law, accompanied by a certificate signed by an advocate
specifying the question to be raised and undertaking to argue it,
the Federal Court may grant leave to amend accordingly and
shall restore the appeal for hearing; and
(ii) for the purpose of this section, the question whether a sentence
ought to be reduced shall be deemed not to be a question of law.
Notice and time of hearing
91. Where the Federal Court does not reject an appeal summarily under
section 90, or where the Public Prosecutor is the appellant, the Federal Court
shall cause notice of the time and place for the hearing of the appeal to be
given to the parties thereto.
Powers of Federal Court
92. (1) At the hearing of an appeal the Federal Court shall hear the
appellant or his advocate, if he appears, and, if it thinks fit, the respondent or
his advocate, if he appears, and may hear the appellant or his advocate in
reply, and the Federal Court may thereupon confirm, reverse or vary the
decision of the Court of Appeal, or may order a retrial or may remit the
matter with the opinion of the Federal Court thereon to the High Court, or
may make such other order in the matter as to it may seem just, and may by
that order exercise any power which the Court of Appeal or the High Court
might have exercised:
Provided that the Federal Court may, notwithstanding that it is of opinion that
the point raised in the appeal might be decided in favour of the appellant, dismiss
the appeal if it considers that no substantial miscarriage of justice has occurred.
(2) At the hearing of an appeal the Federal Court may, if it thinks that a
different sentence should have been passed, quash the sentence passed,
confirmed or varied by the Court of Appeal and pass such other sentence
warranted in law (whether more or less severe) in substitution therefor as it
thinks ought to have been passed.
(3) The Federal Court shall in no case make any order under this section
as to payment of costs of any appeal to or by the appellant or respondent.
Additional evidence
93. (1) In dealing with any appeal in a criminal case the Federal Court
may, if it thinks additional evidence to be necessary, either take such
evidence itself or direct it to be taken by the High Court.
(2) When the additional evidence is taken by the High Court, it shall
certify the evidence, with a statement of its opinion on the case considered
with regard to the additional evidence, to the Federal Court, and the Federal
Court shall thereupon proceed to dispose of the appeal.
(3) The parties to the appeal shall be present when additional evidence is
taken.
(4) In dealing with any appeal in a criminal case the Federal Court may
also, if it thinks fit, call for and receive from the High Court a report of any
matter connected with the trial.
Judgment
94. (1) On the termination of the hearing of an appeal the Federal Court
shall, either at once or on some future day which shall either then be
appointed for the purpose or of which notice shall subsequently be given to
the parties, deliver judgment in open court.
(2) In criminal appeals and matters the Federal Court shall

ordinarily give only one judgment, which may be pronounced by the
Chief Justice or by such other member of the Federal Court as the
Chief Justice may direct:
Provided that separate judgments shall be delivered if the Chief Justice so

determines.
(3) The judgment of any member of the Federal Court who is absent may
be read by any other Judge.
Certification of judgment
95. (1) Whenever a criminal case is decided on appeal, the Federal Court
shall certify its judgment or order to the courts concerned.
(2) The courts concerned shall thereupon make such orders as are
conformable to the judgment or order of the Federal Court, and, if necessary,
the record shall be amended in accordance therewith.
(3) Upon the withdrawal or discontinuance of any appeal the

Registrar of the Federal Court shall notify the courts concerned
accordingly and, if any stay of execution has been granted, the
sentence or order of the High Court or as varied by the Court of Appeal
shall forthwith be enforced.
Conditions of appeal
*96. Subject to any rules regulating the proceedings of the Federal Court in
respect of appeals from the Court of Appeal, an appeal shall lie from the
Court of Appeal to the Federal Court with the leave of the Federal Court—
*NOTE—This amendment shall apply to any application for leave to appeal pending in the Federal Court and shall
not affect any order previously made by the Federal Court in respect of any application for leave to appeal and no
such order shall be nullified –see subsections 8(2) & (3) of Act A1031.
(a) from any judgment or order of the Court of Appeal in respect of

any civil cause or matter decided by the High Court in the
exercise of its original jurisdiction involving a question of general
principle decided for the first time or a question of importance
upon which further argument and a decision of the Federal Court
would be to public advantage; or
(b) from any decision as to the effect of any provision of the

Constitution including the validity of any written law relating to
any such provision.
Leave to appeal
97. (1) An application under section 96 for leave to appeal to the Federal
Court shall be made to the Federal Court within one month from the date on
which the decision appealed against was given, or within such further time as may
be allowed by the Court.
(2) Where the judgment appealed against requires the appellant to pay money
or perform a duty, the Federal Court shall have power, when granting leave to
appeal, either to direct that the judgment shall be carried into execution or that the
execution thereof shall be suspended pending the appeal, as to the Court shall
seem just; and in case the Court shall direct the judgment to be carried into
execution, the person in whose favour it was given shall, before the execution
thereof, enter into good and sufficient security to the satisfaction of that Court for
the due performance of any order as the Federal Court may make in order to give
effect thereto.
(3) Notwithstanding section 74, an application for leave to appeal to the
Federal Court may be heard by a Judge of the Court, and any direction or
order that could be given or made by the Court on such application may be
given or made by such Judge.
(4) Any direction or order given or made under subsection (3) may, upon
application by the aggrieved party made within ten days after the direction or
order is given or made, be affirmed, varied or discharged by the Court.
Procedure to enforce order of the Federal Court
98. Any person who desires to enforce or obtain execution of any order of
the Federal Court shall file in the trial court a certified copy of the order
which shall be enforced or executed in the same way as is enforced or
executed a judgment of the Court of Appeal.
Costs
99. (1) The costs incurred in the prosecution of any appeal or application
for leave to appeal under this Part shall be paid by such party, person as the
Federal Court may by order direct and the amount of any such costs shall be
taxed by the Chief Registrar of the Federal Court in accordance with the
rules of court.
(2) The Federal Court may make such order as to the whole or any part
of the costs in the Federal Court, or in the Court of Appeal or in the High
Court as is just.
New trial
100. (1) Except as hereinafter provided, the Federal Court shall have
power to order that a new trial be had of any cause or matter tried by the
High Court in the exercise of its original or appellate jurisdiction.
(2) A new trial shall not be granted on the ground of improper admission
or rejection of evidence unless in the opinion of the Federal Court some
substantial wrong or miscarriage of justice has been thereby occasioned; and
if it appears to the Federal Court that the wrong or miscarriage affects part
only of the matters in controversy, or some or one only of the parties, the
Federal Court may give final judgment as to part thereof, or as to some or
one only of the parties, and direct a new trial as to the other part only, or as
to the other party or parties.
(3) A new trial may be ordered on any question without interfering with
the finding or decision of the court below upon any other question.
Immaterial errors
101. No judgment or order of the High Court, or of any Judge, shall be

reversed or substantially varied on appeal, nor a new trial ordered by the
Federal Court, on account of any error, defect, or irregularity, whether in the
decision or otherwise, not affecting the merits or the jurisdiction of the
Court.
102. An appeal shall not operate as a stay of execution or of proceedings

under the decision appealed from unless the court below or the Federal Court
so orders and no intermediate act or proceeding shall be invalidated except
so far as the Federal Court may direct.
SCHEDULE
[Subsection 25(2)]
ADDITIONAL POWERS OF HIGH COURT
Prerogative writs
1. Power to issue to any person or authority directions, orders or writs, including writs of
the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any
others, for the enforcement of the rights conferred by Part II of the Constitution, or any of
them, or for any purpose.
Distress for rent
2. Power to issue and enforce writs or warrants of distress for arrears of rent.
Partition of land
3. Power to direct a sale instead of partition in any action for partition of land; and in any
cause or matter relating to land, where it appears necessary or expedient, to order the land or
any part thereof to be sold, and to give all necessary and consequential directions.
Sale of land
4. Power to order land to be charged or mortgaged, as the case may be, in any case in
which there is jurisdiction to order a sale.
Interpleader
5. Power to grant relief by way of interpleader—
(a) where the person seeking relief is under liability for any debt, money, or goods
or chattels, for or in respect of which he has been, or expects to be, sued by two
or more parties making adverse claims thereon; and
(b) where a Sheriff, bailiff or other officer of court is charged with the execution
of process of court, and claim is made to any money or goods or chattels taken
or intended to be taken in execution under any process, or to the proceeds or
value of any such goods or chattels by any person other than the person against
whom the process is issued,
and to order the sale of any property subject to interpleader proceedings.
Preservation of property
6. Power to provide for the interim preservation of property the subject matter of any
cause or matter by sale or by injunction or the appointment of a receiver or the registration
of a caveat or a lis pendens or in any other manner whatsoever.
Interest
7. Power to direct interest to be paid on debts, including judgment debts, or on sums

found due on taking accounts between parties, or on sums found due and unpaid by receivers
or other persons liable to account to the Court.
Time
8. Power to enlarge or abridge the time prescribed by any written law for doing any act or
taking any prceeding, although any application therefor be not made until after the
expiration of the time prescribed:
Provided that this provision shall be without prejudice to any written law relating to
limitation.
Writs of seizure and sale
9. Power to enforce judgment of the Court for the payment of money to any person or
into Court by a writ, to be called a writ of seizure and sale, under which all the property,
movable or immovable, of whatever description, of a judgment debtor may be seized, except
property which is exempt from seizure and sale under any written law.
Other execution
10. Power to enforce a judgment of the Court in any other manner which may be
prescribed by any written law or rules of court.
Res judicata
11. Power to dismiss or stay proceedings where the matter in question is res judicata
between the parties, or where by reason of multiplicity of proceedings in any court or courts
the proceedings ought not to be continued.
Transfer of proceedings
12. Power to transfer any proceedings to any other Court or to or from any subordinate
court, and in the case of transfer to or from a subordinate court to give any directions as to
the further conduct thereof:
Provided that this power shall be exercised in such manner as may be prescribed by any
rules of court.
Set-off
13. Power to allow a defence of set-off.
Discovery and interrogatories
14. Power to order discovery of facts or documents by any party or person in such manner
as may be prescribed by rules of court.
Costs
15. Power to award costs.
Execution of documents
16. Power to execute, or direct any of its officers to execute, any transfer, conveyance,
assignment, contract or other document, including an endorsement on a negotiable
instrument, which any person has been ordered by the Court to execute, if he has neglected
or refused to execute the same or is out of the jurisdiction, and the same shall operate to all
intents as if executed by that person.
Vexatious litigants
17. Power to restrain any person who has habitually and persistently and without
reasonable cause instituted vexatious legal proceedings in any court, whether against the
same or different persons, from instituting any legal proceedings in any court save by leave
of a Judge. A copy of any such order shall be published in the Gazette.
61
LAWS OF MALAYSIA
Act 91
LIST OF AMENDMENTS
Amending law Short title In force from
Act 35/1964 Courts of Judicature (Amendment) Act 1964 16-03-1964
P.U. 400/1966 Modification Laws (Courts of Judicature) 03-11-1966

Order 1966
Ord. 14/1969 Emergency (Essential Powers) Ordinance 19-12-1969

[P.U. (A) 521/1969] No. 14 1969
P.U. (A) 7/1970 Corrigendum to Ordinance 14/1969 09-01-1970
Act A33 Courts (Amendment) Act 1971 30-04-1971
Act A63 Courts of Judicature (Amendment) Act 1971 31-08-1971
Act 160 Malaysia Currency (Ringgit) Act 1975 29-08-1975
Act A328 Courts of Judicature (Amendment) Act 1976 23-01-1976;

Except s. 13:
01-01-1978
Act A514 Constitution (Amendment) Act 1981 27-08-1976
P.U. (A) 357/1980 Subordinate Courts Act (Extension) Order 1980 01-06-1981
Act A566 Constitution (Amendment) Act 1983 16-12-1983;

Amending law Short title In force from
Except S. 2:
01-02-1974;
s. 15 – 17:
01-01-1985
Act A606 Courts of Judicature (Amendment) (No. 2) Act 01-01-1985

1984
Act A670 Courts of Judicature (Amendment) 22-05-1987

Act 1987
Act A671 Subordinate Courts (Amendment) Act 1987 22-05-1987

63
LAWS OF MALAYSIA
Act 91
LIST OF SECTIONS AMENDED
Section Amending authority In force from
3 P.U. 400/1966 03-11-1966

Act A126 01-11-1972
Act A328 23-10-1976
Act A606 01-01-1985
Act A886 24-06-1994
Act A1031 01-08-1998
5 Act A126 01-11-1972

Act A606 01-01-1985
6 Act A886 24-06-1994
7 Act A126 01-11-1972

Act A886 24-06-1994
8 Act A556 13-05-1983

Act A886 24-06-1994
Act A940 02-02-1996
9 Ord. 14/1969 19-12-1969

Act A33 30-04-1971
Act A746 12-01-1990
Act A886 24-06-1994
Act A940 02-02-1996
10 Act A126 01-11-1972

Act A671 22-05-1987
Act A886 24-06-1994
Act A1031 01-08-1998
11 Act A126 01-11-1972

Act A886 24-06-1994
12 Act A126 01-11-1972
13 Act A886 24-06-1994
14 P.U. 400/1966 03-11-1966

Act A126 01-11-1972
16 Act A126 01-11-1972

Act A606 01-01-1985
Act A886 24-06-1994
17 P.U. 400/1966 03-11-1966

Ord. 14/1969 19-12-1969
Act A126 01-11-1972
Act A746 12-01-1990
Act A886 24-06-1994
17A P.U. (A) 7/1970 09-01-1970

Act A33 30-04-1971
Act A126 01-11-1972
Act A886 24-06-1994
18 Act A940 02-02-1996
19 Act A886 24-06-1994
20 Act A886 24-06-1994
21 Act A886 24-06-1994
22 Act A328 23-01-1976

Act A1229 06-03-2007
23 P.U. 400/1966 03-11-1966
24 Act A606 01-01-1985

Act A670 22-05-1987
24A Act A126 01-11-1972
25 P.U. 400/1966 03-11-1966
25A Act A606 01-01-1985
28 Act A279 01-01-1975

Act A530 23-02-1982
Act A670 22-05-1987
29 Act A886 24-06-1994
30 Act 35/1964 16-03-1964
37 Act A556 13-05-1983
38 Act A886 24-06-1994
39 Act A886 24-06-1994
40 Act A886 24-06-1994
42 Act A1031 01-08-1998
43 Act A886 24-06-1994
44 Act A1031 01-08-1998
45 Act A886 24-06-1994
46 Act A886 24-06-1994
47 Act A886 24-06-1994
48 Act 35/1964 16-03-1964

Act A886 24-06-1994
49 Act A886 24-06-1994
50 Act A328 23-01-1976

Act A530 23-02-1982
Act A556 13-05-1983
Act A606 01-01-1985
Act A886 24-06-1994
Act A909 24-06-1994
Act A1229 06-03-2007
51 Act A909 24-06-1994

Act A886 24-06-1994
52 Act A328 23-01-1976

Act A909 24-06-1994
53 Act A909 24-06-1994
55 Act A328 23-01-1976
56A Act A328 23-01-1976
57 Act A328 23-01-1976

Act A909 24-06-1994
59 Act A328 23-01-1976
60 Act A909 24-06-1994
61 Act A909 24-06-1994
63 Act A909 24-06-1994
64 Act A328 23-01-1976
65 Act A909 24-06-1994
66 Act A328 23-01-1976

Act A530 23-02-1982
Act A909 24-06-1994
67 Act A126 01-11-1972

Act A909 24-06-1994
68 Act A279 01-01-1975

Act A530 23-02-1982
Act A606 01-01-1985
Act A670 22-05-1987
Act A886 24-06-1994
74 Act A63 31-08-1971

Act A328 01-01-1978
Act A530 23-02-1982
Act A600 01-01-1985
Act A886 24-06-1994
75 Act A600 01-01-1985

Act A886 24-06-1994
76 Act A886 24-06-1994
77 Act A886 24-06-1994
78 Act A886 24-06-1994

Act A1031 01-08-1998
79 Act A600 01-01-1985

Act A886 24-06-1994
80 Act A600 01-01-1985

Act A886 24-06-1994
81 Act A600 01-01-1985

Act A886 24-06-1994
82 Act A600 01-01-1985

Act A886 24-06-1994
83 Act A600 01-01-1985

Act A886 24-06-1994
84 Act A600 01-01-1985

Act A886 24-06-1994
85 Act A600 01-01-1985

Act A886 24-06-1994
86 Act A600 01-01-1985

Act A886 24-06-1994
87 Act A600 01-01-1985

Act A886 24-06-1994
Act A1229 06-03-2007
88 Act A600 01-01-1985
Act A886 24-06-1994
89 Act A600 01-01-1985

Act A886 24-06-1994
90 Act A600 01-01-1985

Act A886 24-06-1994
91 Act A600 01-01-1985

Act A886 24-06-1994
92 Act A600 01-01-1985

Act A886 24-06-1994
Act A909 24-06-1994
93 Act A600 01-01-1985

Act A886 24-06-1994
Act A909 24-06-1994
94 Act A600 01-01-1985

Act A886 24-06-1994
95 Act A600 01-01-1985

Act A886 24-06-1994
Act A909 24-06-1994
96 Act A600 01-01-1985

Act A886 24-06-1994
Act A909 24-06-1994
Act A1031 01-08-1998
97 Act A600 01-01-1985

Act A886 24-06-1994
Act A1031 01-08-1998
98 Act A600 01-01-1985

Act A886 24-06-1994
99 Act A600 01-01-1985

Act A886 24-06-1994
100 Act A600 01-01-1985

Act A886 24-06-1994
101 Act A600 01-01-1985

Act A886 24-06-1994
102 Act A600 01-01-1985

Act A886 24-06-1994
Throughout the Act Act 160 29-08-1975

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LAWS OF MALAYSIA

ONLINE VERSION OF UPDATED

COURT OF JUDICATURE ACT 1964

First Enacted … … … 1964 (Act No.7 of 1964)

Revised … … … 1972 (Act 91 w.e.f

Latest amendment made by

First Reprint … … … 1988

COURTS OF JUDICATURE ACT 1964

PRELIMINARY AND GENERAL

THE HIGH COURT

18. Proceedings in High Court to be disposed of by single Judge

22. Criminal jurisdiction

26. Appellate criminal jurisdiction

THE COURT OF APPEAL

38. Composition of the Court of Appeal

Appellate Jurisdiction —Criminal Appeals

50. Jurisdiction to hear and determine criminal appeals

Appellate Jurisdiction —Civil Appeals

67. Jurisdiction to hear and determine civil appeals

THE FEDERAL COURT

74. Composition of the Federal Court

Appellate Jurisdiction —Criminal Appeals

Appellate Jurisdiction —Civil Appeals

COURTS OF JUDICATURE ACT 1964

An act relating to the superior Courts of Judicature.

[Throughout Malaysia ─ 16 March 1964, L.N. 85/1964]

PRELIMINARY AND GENERAL

1. This Act may be cited as the Courts of Judicature Act 1964.

3. In this Act, unless the context otherwise requires—

“action” means a civil proceeding commenced by writ or in such other

“cause” includes any action, suit or other original proceeding between a

“Constitution” means the Constitution of Malaysia;

“Judge” means a Judge of the Federal Court, of the Court of Appeal or of

“local jurisdiction” means—

“Malaysia Day” means the 16 September 1963;

*NOTE—This Act is applicable to Federal Territory of Putrajaya–vide Section 6 of Constitution (Amendment)

“matter” includes every proceeding in court not in a cause;

“permanent resident” means a person who has permission granted without

“President” means the President of the Court of Appeal;

“proceeding” means any proceeding whatsoever of a civil or criminal

Provision to prevent conflict of laws

5. (Deleted by Act A606).

7. (1) All writs, summonses, warrants, orders, rules, notices and

8. The Judges shall take precedence in the following order:

(a) the Chief Justice;

(b) the President;

(ba) the Chief Judge of the High Court in Malaya;

(ca) the Judges of the Court of Appeal according to the priority of

(d) the other Judges according to the priority of their respective

Exercise of powers during incapacity or absence

9. (1) Whenever during any period, owing to illness or absence from

(a) by the President; or

(b) where the President is absent from Malaysia or unable to act, or

(1A) Whenever during any period, owing to illness or absence from

(1B) Whenever during any period, owing to illness or absence from

(2) Whenever during any period, owing to illness or absence from

(a) Judge of the Federal Court; or

designated for that purpose by the Chief Justice.

(3) The Chief Registrar, Registrars, Deputy Registrars, Senior Assistant