Courts of Judicature 1

LAWS OF MALAYSIA

REPRINT

Act 91

COURTS OF JUDICATURE
ACT 1964
As at 1 September 2018

PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
2018
2 Laws of Malaysia Act 91

COURTS 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 March 2007

PREVIOUS REPRINTS

First Reprint … … … 1988

Second Reprint … … … 1994

Third Reprint … … … 1999

Fourth Reprint … … … 2006

 Courts of Judicature 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. Provision 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
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
4 Laws of Malaysia Act 91
Part II

THE HIGH COURT

General

Section

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

19. Sittings of the High Court
20. Distribution 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 rehearing
30. Reference of constitutional question by subordinate court

Revision

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
 Courts of Judicature 5
Part III

THE COURT OF APPEAL

General

Section

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

Original Jurisdiction

45–49. (Deleted)

Appellate Jurisdiction—Criminal Appeals

50. Jurisdiction to hear and determine criminal appeals

51. Notice of appeal
52. Record of proceedings
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 judgment
64–66. (Deleted)
6 Laws of Malaysia Act 91
Appellate Jurisdiction—Civil Appeals

Section

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
73. Appeal not to operate as stay of execution

Part IV

THE FEDERAL COURT

General

74. Composition of the Federal Court

75. Sittings of the Court
76. Vacations
77. Proceedings how decided
78. Continuation of proceedings notwithstanding absence of Judge
79. Applications
80. Incidental directions and interim orders

Original Jurisdiction

81. Jurisdiction and powers

82. Judgment to be declaratory
83. Costs
84. Reference of constitutional question by High Court
85. Proceedings in Federal Court

Appellate Jurisdiction—Criminal Appeals

86. Jurisdiction and powers

87. Jurisdiction to hear and determine criminal appeals
88. On appeal against acquittal, accused may be arrested
89. Appeal not to operate as stay of execution
90. Summary rejection of appeal
 Courts of Judicature 7
Section
91. Notice and time of hearing
92. Powers of Federal Court
93. Additional evidence
94. Judgment
95. Certification of judgment

Appellate Jurisdiction—Civil Appeals

96. Conditions of appeal

97. Leave to appeal
98. Procedure to enforce order of the Federal Court
99. Costs
100. New trial
101. Immaterial errors
102. Appeal not to operate as stay of execution
Schedule
8 Laws of Malaysia Act 91
 Courts of Judicature 9

LAWS OF MALAYSIA

Act 91

COURTS OF JUDICATURE ACT 1964

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;
10 Laws of Malaysia Act 91

“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—

in the case of the High Court in Malaya, the territory

(a)
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

in the case of the High Court in Sabah and Sarawak, the

(b)
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 16 September 1963;

“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;

*NOTE—This Act is applicable to Federal Territory of Putrajaya–vide section 6 of Constitution

(Amendment) Act 2001 [Act A1095].
 Courts of Judicature 11

“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 any
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.
12 Laws of Malaysia Act 91

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:

the Chief Justice;

(a)

the President;
(b)

the Chief Judge of the High Court in Malaya;

(ba)

(bb) the Chief Judge of the High Court in Sabah and Sarawak;

the Judges of the Federal Court according to the priority

(c)
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

the other Judges according to the priority of their respective

(d)
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.
 Courts of Judicature 13

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—

by the President; or
(a)

where the President is absent from Malaysia or unable to

(b)
act, or in the event of a vacancy in the office, by the
Chief Judge of the High Court in Malaya; or

where the President and the Chief Judge of the High

(c)
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

where the President, the Chief Judge of the High Court

(d)
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.
14 Laws of Malaysia Act 91

(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) Whenever 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

(a)

in respect of a vacancy in the office of the Chief Judge

(b)
of the High Court in Sabah and Sarawak, a Judge of
the Federal Court or a Judge of that High Court,

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.
 Courts of Judicature 15

(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:

receive acknowledgments of married women in all cases

(a)
where acknowledgments are required by law to be taken
before a public officer;

receive acknowledgments of recognizances of bail and

(b)
bail-bonds;

administer oaths for—

(c)

(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

take and receive statutory declarations.

(d)

(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).
16 Laws of Malaysia Act 91

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.
 Courts of Judicature 17

(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:

for regulating and prescribing the procedure (including

(a)
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
18 Laws of Malaysia Act 91

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;

for regulating and prescribing the procedure on civil or

(b)
criminal appeals from any court or person to a High
Court, the Court of Appeal or the Federal Court;

(Deleted by Act A606);

(c)

for regulating the enforcement and execution by a High

(d)
Court of the decrees, judgments and orders of the
Federal Court, of the Court of Appeal or of the other
High Court;

for prescribing what part of the business which may be

(e)
transacted and of the jurisdiction which may be exercised
by Judges in court or in chambers may be transacted or
exercised by Registrars;

for prescribing the fees and percentages to be taken in

(f)
any Court and for regulating any matters relating to the
costs of proceedings in any Court;

for regulating the means by which particular facts may

(g)
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;

for regulating the joinder of parties and for prescribing

(h)
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;
 Courts of Judicature 19

for regulating the rate of interest payable on all debts,

(i)
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;

for regulating the modes in which a writ of seizure and

(j)
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;

for regulating the discovery of a judgment debtor’s property

(k)
in aid of the execution of any judgment;

for regulating the taking of evidence before an examiner

(l)
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;

for prescribing in what cases the Court may act upon the
(m)
certificate of accountants, actuaries or other scientific
persons;

for prescribing the duties of the Accountant General in

(n)
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;

for amending, altering, or adding to the forms set out in

(o)
any written law relating to criminal procedure; and

for any purpose for which rules of court may be made

(p)
under any written law.
20 Laws of Malaysia Act 91

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:

the Chief Justice, who shall be the Chairman of the

(a)
Committee;

the President;
(b)

the Chief Judges;

(c)

a Judge of the Federal Court, a Judge of the Court of

(d)
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;

the Attorney General, or his nominee;

(e)

the Senior Judge of the Sessions Court of Kuala Lumpur;

(f)

three advocates, one practising in the States of Peninsular

(g)
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.

(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:

*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].
 Courts of Judicature 21

Provided that—

no rules shall be made relating to the Federal Court or

(a)
the Court of Appeal without the consent thereto of the
Chief Justice; and

no rules shall be made relating to any High Court without

(b)
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.

(1a) 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.  
22 Laws of Malaysia Act 91

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—

continue with the proceeding from the stage at which the

(a)
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

resummon the witnesses and recommence the proceeding.

(b)

(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.  
 Courts of Judicature 23

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.

Original Jurisdiction

Criminal jurisdiction

22. (1) The High Court shall have jurisdiction to try—

all offences committed—

(a)

(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

offences under Chapters VI and VIa of the Penal Code

(b)
[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
24 Laws of Malaysia Act 91

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—

the cause of action arose;

(a)
 Courts of Judicature 25

the defendant or one of several defendants resides or has

(b)
his place of business;

the facts on which the proceedings are based exist or are

(c)
alleged to have occurred; or

any land the ownership of which is disputed is situated,

(d)

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—

jurisdiction under any written law relating to divorce and

(a)
matrimonial causes;

the same jurisdiction and authority in relation to matters

(b)
of admiralty as is had by the High Court of Justice in
England under the United Kingdom Supreme Court Act
1981;

jurisdiction under any written law relating to bankruptcy

(c)
or to companies;

jurisdiction to appoint and control guardians of infants

(d)
and generally over the person and property of infants;

jurisdiction to appoint and control guardians and keepers

(e)
of the person and estates of idiots, mentally disordered
persons and persons of unsound mind; and
26 Laws of Malaysia Act 91

jurisdiction to grant probates of wills and testaments

(f)
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—

if all the parties interested who are not under disability

(a)
consent;

if the cause or matter requires any prolonged examination

(b)
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

if the question in dispute consists wholly or in part of

(c)
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.
 Courts of Judicature 27

  (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 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.

*NOTE—This Act has repealed the Arbitration Act 1952 [Act 93]–see section 51 of Act 646.
28 Laws of Malaysia Act 91

(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.
 Courts of Judicature 29

(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 rehearing

29. All civil appeals from a subordinate court shall be by way

of rehearing, 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.

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 Clause (2) of Article 128 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 procedure.
30 Laws of Malaysia Act 91

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.
 Courts of Judicature 31

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.
32 Laws of Malaysia Act 91

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 reheard.

(3) (Deleted by Act A1031).

 Courts of Judicature 33

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.  

Original Jurisdiction

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—

in the exercise of its original jurisdiction; and

(a)

in the exercise of its appellate or revisionary jurisdiction

(b)
in respect of any criminal matter decided by the Sessions
Court.
34 Laws of Malaysia Act 91

(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 Magistrate’s 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.
 Courts of Judicature 35

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.
36 Laws of Malaysia Act 91

(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

56 a .  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 56a, no appeal shall operate as a stay of execution, but
the High Court or the Court of Appeal may stay execution on
 Courts of Judicature 37

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—

the sentence shall not in any case be executed until after

(a)
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

if notice is so given the sentence shall not be executed

(b)
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
38 Laws of Malaysia Act 91

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.
 Courts of Judicature 39

(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.
40 Laws of Malaysia Act 91

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, if any 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.
 Courts of Judicature 41

Non-appealable matters

68. (1) No appeal shall be brought to the Court of Appeal in any

of the following cases:

when the amount or value of the subject-matter of the

(a)
claim (exclusive of interest) is less than two hundred
and fifty thousand ringgit, except with the leave of the
Court of Appeal;

where the judgment or order is made by consent of parties;

(b)

where the judgment or order relates to costs only which

(c)
by law are left to the discretion of the Court, except
with the leave of the Court of Appeal; and

where, by any written law for the time being in force,

(d)
the judgment or order of the High Court is expressly
declared to be final.

(2) (Deleted by Act A886).

(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

rehearing, 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.
42 Laws of Malaysia Act 91

(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.
 Courts of Judicature 43

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.

Appeal not to operate as stay of execution

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.
44 Laws of Malaysia Act 91

(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.

Proceedings how decided

77. 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

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 reheard.

(3) (Deleted by Act A1031).

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.
 Courts of Judicature 45

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.

Original Jurisdiction

Jurisdiction and powers

81. Save as hereinafter in this Act provided the Federal Court

for the purposes of its jurisdiction under Clause (1) and (2)
of Article 128 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 Clause of (1)(b) of Article 128 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.
46 Laws of Malaysia Act 91

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.
 Courts of Judicature 47

Appellate Jurisdiction—Criminal Appeals

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.

Appeal not to operate as stay of execution

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.
48 Laws of Malaysia Act 91

(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—

the sentence shall not in any case be executed until after

(a)
the expiration of the time within which notice of appeal
may be given or any extension of time which may be
permitted; and

if notice is so given the sentence shall not be executed

(b)
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
 Courts of Judicature 49

(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.
50 Laws of Malaysia Act 91

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.
 Courts of Judicature 51

(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.

Appellate Jurisdiction—Civil Appeals

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—

from any judgment or order of the Court of Appeal in

(a)
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

from any decision as to the effect of any provision of

(b)
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.

*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.
52 Laws of Malaysia Act 91

(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.
 Courts of Judicature 53

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.

Appeal not to operate as stay of execution

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.
54 Laws of Malaysia Act 91
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—

where the person seeking relief is under liability for any debt, money,
(a)
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

where a Sheriff, bailiff or other officer of court is charged with the

(b)
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.

 Courts of Judicature 55
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 proceeding, 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.
56 Laws of Malaysia Act 91
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.
 Courts of Judicature 57

LAWS OF MALAYSIA

Act 91

COURTS OF JUDICATURE ACT 1964

LIST OF AMENDMENTS

Amending law Short title In force from

Act 35/1964 Courts of Judicature (Amendment) 16-03-1964
Act 1964
P.U. 400/1966 Modification Laws (Courts of 03-11-1966
Judicature) Order 1966
Ord. 14/1969 Emergency (Essential Powers) 19-12-1969
[P.U. (A) 521/1969] Ordinance No. 14/1969
P.U. (A) 7/1970 Corrigendum to Ordinance 09-01-1970
14/1969
Act A33 Courts (Amendment) Act 1971 30-04-1971
Act A63 Courts of Judicature (Amendment) 31-08-1971
Act 1971
Act A126 Courts of Judicature (Amendment) 01-11-1972
Act 1972
Act A279 Courts of Judicature (Amendment) 01-01-1975
Act 1975
Act 160 Malaysia Currency (Ringgit) 29-08-1975
Act 1975
Act A328 Courts of Judicature (Amendment) 23-01-1976;
Act 1976 except s. 13:
01-01-1978
Act A514 Constitution (Amendment) Act 27-08-1976
1981
P.U. (A) 357/1980 Subordinate Courts Act 01-06-1981
(Extension) Order 1980
Act A530 Courts of Judicature (Amendment) 23-02-1982
Act 1982
Act A556 Courts of Judicature (Amendment) 13-05-1983
Act 1983
58 Laws of Malaysia Act 91
Amending law Short title In force from
Act A566 Constitution (Amendment) Act 16-12-1983;
1983 except s. 2
01-02-1974;
s. 15–17:
01-01-1985
Act A600 Courts of Judicature (Amendment) 01-01-1985
Act 1984
Act A606 Courts of Judicature (Amendment) 01-01-1985
(No. 2) Act 1984
Act A670 Courts of Judicature (Amendment) 22-05-1987
Act 1987
Act A671 Subordinate Courts (Amendment) 22-05-1987
Act 1987
Act A746 Courts of Judicature (Amendment) 12-01-1990
Act 1990
Act A886 Courts of Judicature (Amendment) 24-06-1994
Act 1994
Act A909 Courts of Judicature (Amendment) 24-06-1994
Act 1995
P.U. (A) 203/1995 Ministers of the Federal 08-05-1995
Government Order 1995
Act A940 Courts of Judicature (Amendment) 02-02-1996
Act 1996
Act A1031 Courts of Judicature (Amendment) 01-08-1998
Act 1998
Act A1229 Courts of Judicature (Amendment) 06-03-2007
Act 2004
 Courts of Judicature 59

LAWS OF MALAYSIA

Act 91

COURTS OF JUDICATURE ACT 1964

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 23-01-1976
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

60 Laws of Malaysia Act 91
Section Amending authority In force from

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

 Courts of Judicature 61
Section Amending authority In force from

37 Act A556 13-05-1983

Heading to Act A886 24-06-1994

Part III

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 A886 24-06-1994

Act A909 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

62 Laws of Malaysia Act 91
Section Amending authority In force from

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
Act A1031 01-08-1998
 Courts of Judicature 63
Section Amending authority In force from

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
64 Laws of Malaysia Act 91
Section Amending authority In force from

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 160 29-08-1975

Act

Hakcipta Pencetak H
PERCETAKAN NASIONAL MALAYSIA BERHAD
Semua Hak Terpelihara. Tiada mana-mana bahagian jua daripada penerbitan ini boleh diterbitkan semula atau disimpan di dalam bentuk
yang boleh diperolehi semula atau disiarkan dalam sebarang bentuk dengan apa jua cara elektronik, mekanikal, fotokopi, rakaman dan/
atau sebaliknya tanpa mendapat izin daripada Percetakan Nasional Malaysia Berhad (Pencetak kepada Kerajaan Malaysia yang
dilantik).

DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA
WJW011322 31-07-2018