The malaysian judiciary

TheThe
malaysian
malaysian
judiciary
judiciary
yearbook
2014

yearbook
yearbook
20142014
 The malaysian judiciary
yearbook 2014

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 Cover Painting
“Royal Splendour”
By Jimmy Khalil

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 The malaysian judiciary
yearbook 2014

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 The malaysian judiciary
Yearbook 2014

Contents

FOREWORD vii

PREFACE xi

CHAPTER 1: OPENING OF THE LEGAL YEAR 1

i. Peninsular Malaysia 2
ii. Sabah & Sarawak 8

 CHAPTER 2: The Federal Court 13

i. Statement by the Chief Justice 15
ii. Judges of the Federal Court 16
iii. Projection & Performance 17

 CHAPTER 3: THE COURT OF APPEAL 23

i. Statement by the President of the Court of Appeal 24
ii. Judges of the Court of Appeal 26
iii. Projection & Performance 27

 CHAPTER 4: THE HIGH COURTS 37

High Court of Malaya 38
i. Statement by the Chief Judge of Malaya 38
ii. Judges & Judicial Commissioners of the High Courts 40
iii. Projection & Performance (See Appendix A page 185)

High Court of Sabah & Sarawak 42

i. Statement by the Chief Judge of Sabah & Sarawak 42
ii. Judges & Judicial Commissioners of the High Court of 43
Sabah & Sarawak
iii. Projection & Performance (See Appendix B page 231)

Special Feature: PerspectiveS of Judges of the High Court 44

i. Life As A Trial Judge 44
By: Justice Hasnah Dato’ Mohammed Hashim
ii. The Deterrence Hypothesis For Capital Punishment- 46
Fact or Myth?
By: Justice Harmindar Singh Dhaliwal
iii. Writing Quality Judgment: A Challenging Task, 49
Quantity without compromising Quality
By Justice Hadhariah Syed Ismail

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Special Feature: mobile Court in sabah 52

Kg. Inarad, Tongod, Sandakan 52

 CHAPTER 5: OFFICE OF THE CHIEF REGISTRAR OF 55

THE FEDERAL COURT

 CHAPTER 6: JUDGES 61
i. Judges’ Appointments and Elevations 63
ii. The 48th Annual Meeting of the Council of Judges 65
iii. Second Meeting of the Federal Court and the Court of Appeal Judges 2014 70
iv. A Judge’s Musings: His Majesty's Tigers Under the Throne 75
By: Dato’ Mahadev Shankar (former Judge of the Court of Appeal)
v. Retired Judges 81
vi. Judges in Remembrance 85
vii. Remembering the late Tan Sri Datuk Amar Chong Siew Fai 89
(Former Chief Judge of Sabah and Sarawak)

 CHAPTER 7: IN REMEMBRANCE OF ALMARHUM His 93

Royal Highness SULTAN AZLAN MUHIBBUDDIN
SHAH AL-MAGHFUR-LAH (19 APRIL 1928 – 28 MAY 2014)
i. Almarhum His Royal Highness Sultan Azlan Muhibbuddin Shah 94
Al-Maghfur-Lah
-A Monarch and Jurist of Rare Distinction
ii. Reference Proceedings for Almarhum Sultan Azlan Muhibbuddin Shah 103
Ibni Almarhum Sultan Yussuf Izzuddin Shah Ghafarullah-lah

 CHAPTER 8: CELEBRATING THE 20TH ANNIVERSARY 119

OF THE COURT OF APPEAL

 CHAPTER 9: JUDICIAL TRAINING 139

i. Judicial Academy- A Viewpoint: An Interview with 140
Justice Mohamad Ariff Md Yusof
(Judge of the Court of Appeal and a Member of the Judicial Academy)
ii. Courses Conducted by the Judicial Academy in 2014 143

 CHAPTER 10: CASES OF INTEREST 151

i. Civil Cases 153
ii. Criminal Cases 161

 CHAPTER 11: JUDICIAL INSIGHTS 169

i. The Advantages of Arbitration (A Malaysian Perspective) 170
By: Tan Sri Steve Shim Lip Kiong
(Former Chief Judge of Sabah & Sarawak)
ii. Native Customary Rights In Sabah: Who Has Original Jurisdiction? 176
By: Justice David Wong Dak Wah
(Judge of the Court of Appeal)

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 The malaysian judiciary
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The Right Honourable Tun Arifin Zakaria

Chief Justice of Malaysia

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Foreword
The Right Honourable Tun Arifin Zakaria
Chief Justice of Malaysia

It gives me great pleasure and privilege to welcome the

Malaysian Judiciary Yearbook 2014. This issue marks the fourth
year of our publication which started in 2011.

I must say that this would not have been possible A Training and Judicial Capacity Development Unit
if it was not for the devotion and dedication of the has also been set up under the Chief Registrar’s
editorial team led by Justice Zainun Ali. Office. In 2014, a total of 78 training programmes for
judicial officers and supporting staff was conducted,
We have come a long way since the start of our with a total allocation of RM788,593.70. With
reform in 2009 in bringing the judiciary to the level judicial training high on our agenda, we believe
it is today. I am happy to report that the Malaysian that we can enhance the level of competency and
judiciary is now a national and international efficiency of our judges and officers.
leader in the use of ICT in enhancing our delivery
system. As a matter of fact our E-Court system Coroners Court
has been adopted by other judiciaries in the
region. The establishment of the Coroners Court in April
2014 has added to the list of specialist Courts.
To accelerate and expedite the disposal of cases, we The surge in the number of custodial deaths is a
have established a number of specialist courts. With cause for concern. Dedicated coroners courts were
specialist courts, cases are resolved faster than they established throughout the country to cater for such
were before. With that in place, we then shifted our cases. Senior Sessions Court Judges are assigned to
focus to continuing professional development and the Coroners Court in view of the complexity and
training. We will continue to explore new measures sensitivity of these inquiries. To ensure a speedy
and initiatives to deliver quality service to our disposal of cases, a 9 month timeline is set from
stakeholders. To this end, we require a high degree the commencement of an inquiry to its conclusion.
of support from everyone concerned particularly the I am pleased to report that the Coroners Court has
Attorney General’s Chambers, members of the Bar disposed of a total of 2,127 death inquiry cases since
and other relevant agencies. its inception. This is indeed an astonishing figure.

Capacity Building Environmental law

To begin with, there is a need to strengthen trust, The judiciary plays a key role in promoting the
confidence and integrity in the judiciary as these are environmental rule of law. As part of our capacity
the key elements of a system based on the rule of building in environmental law, we have sent judges
law. In order to attain that objective, we constantly to international meetings and conferences related
conducted training for our judges and judicial officers to environment. In 2014 alone, there were no
alike. Although our Judicial Academy is still in its less than four such meetings/conferences namely:
infancy, I am happy to say that it has done much The 3rd South Asia Chief Justice Roundtable on
in terms of training for superior courts judges. In Environmental Justice (Colombo, Sri Lanka, 8-9
2014, the Judicial Academy organised a total of 9 August 2014); Annual Meeting of the International
training programmes in diverse areas of law. Advisory Council for Environmental Justice (Brazil,

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12-14 November 2014); Economic and Environment working group on judicial education and training
Program for Southeast Asia’s (EEPSEA) Regional amongst Asean judiciaries on cross-border topics of
Training on Economic Values, Compensation and the common legal interest; and (iii) create a standard
Environment (Bali, Indonesia, 1-4 December 2014); and formatted mechanism as well as sharing best
and the Fourth Asean Chief Justices’ Roundtable practices to facilitate the service of civil processes
on Environment (Hanoi, Vietnam, 12-14 December within Asean member states. There is no doubt that
2014). On the same note, we are contemplating this judicial cooperation will further strengthen
the setting up of specialist environmental courts the existing close ties amongst Asean judiciaries.
for civil cases both in the High Court and the This augurs well in enhancing the greater economic
Subordinate Courts. With the expansion of growth and development within the Asean region.
specialist environmental Courts to include civil
claims, not only will the disposal of such cases 20th Anniversary of the Court of Appeal
will be expedited, but a pool of specialist judges
in the field of environmental law will be created. Last year the judiciary celebrated the 20th
Anniversary of the Court of Appeal. It is heartening
Foreign Delegations to note the progress and achievement that the
Court of Appeal had made in the last 20 years. The
In 2014 several delegations from foreign judiciaries reforms embarked upon by the Court of Appeal since
visited the Palace of Justice. We were honoured to 2011 have now borne fruit. The number of appeals
receive these foreign delegates who showed keen pending then stood at 10,771. It has now gone down
interest in our E-Court system and case backlog to 3,209. As at 31 December 2014, there were only
reduction programme. We also conducted a series 676 pre-2014 appeals pending before the Court of
of training sessions for some foreign judges. These Appeal. The bulk of the appeals are appeals from
collaborations not only bode well in fostering closer decisions delivered in 2014, which constitute 79%
relationship with judiciaries around the world, of the pending appeals. I take this opportunity to
but also provides a platform for the sharing and congratulate the President of the Court of Appeal
exchanging of common experiences and best practices. (the past and current Presidents), judges of the
Court of Appeal, court officers and support staff
36th Asean Law Association Meeting and Third for their hard work and dedication.
Asean Chief Justices’ Meeting
Judicial Transparency
Moving on, I am proud to report that last year
we played host to the 36th Asean Law Association Now I turn to a topic which is close to my heart
Governing Council and the 2nd Asean Chief Justices’ i.e. judicial transparency. As an institution which
Meeting in Kuala Lumpur. Both events received is entrusted with the task of administering justice,
an overwhelming response from delegates of the it is crucial to keep the public informed of the
Asean member states. With the exception of the court’s role and function. This is to instil public
Chief Justice of the Supreme People’s Court of Laos confidence in the judiciary. In our effort to make
PDR, the Chief Justices’ meeting was attended by the judicial system in this country more transparent
9 Chief Justices from the Asean region. and accessible to all, we have been providing free
access to our website for some time now. The
The meeting brought together the Asean Chief Federal Court and Court of Appeal’s judgments are
Justices to discuss matters of common interest published in the Chief Registrar’s website. Some
with the aim of harmonising laws and procedures state courts’ websites also provide judgments of
in the region. For a start it was agreed that the High Court and Subordinate Courts.
further studies are to be carried out with a view
to achieving agreement on three common issues On the same note, since 2011, we launched what
namely to: (i) conceptualise the establishment of is called the “Court Tour Programme” with a more
the Asean Judicial Portal (“AJP”) with the broad focused tour, aiming to educate students on trial
objectives of making and creating an international and appeal processes. In 2014, a total of 6,096
presence for the Asean judiciaries; (ii) establish a school and university students participated in the

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programme, which included visits to our courts Justice Abdul Aziz Abdul Rahim, Justice Lim
in Putrajaya, Kuala Lumpur, Shah Alam, Penang Yee Lan, Justice Mohd. Zawawi Salleh, Justice
and Johor Bahru. This programme also attracted Abang Iskandar Abang Hashim, Justice Varghese
the interest of international students from George Varghese, Justice Idrus Harun, Justice
Indonesia, United Kingdom and many other Nallini Pathmanathan, Puan Chan Jit Li, Puan
countries. Azniza Mohd Ali, Puan Maimoonah Aid, Encik
Mohd Sabri Othman, Puan Radzilawatee Abdul
Pamphlets on Courts Proceedings Rahman, Encik Noorhisham Mohd Jaafar, Puan
Husna Dzulkifly, Puan Norhafizah Zainal Abidin,
Last year, we also launched a series of fact sheets Puan Sabreena Bakar @ Bahari, Puan Lee Kim
in the form of pamphlets relating to various types Keat, Encik Shazali Dato’ Hidayat Shariff, Encik
of courts proceedings, namely: “Etika ketika hadir Muhammad Iskandar Zainol, Encik Syahrul Sazly
di dalam Mahkamah”; “Jaminan Mahkamah”; Md Sain and Puan Hazmida Harris Lee who have
“Tuntutan Sivil”; “Kesalahan Trafik”; “Reman”; worked hard to maintain the high standard of this
“Pesuruhjaya Sumpah”; “Prosedur mendapatkan publication, despite their heavy schedules.
semula harta yang disita oleh polis di bawah s 413
KAJ”; “Mahkamah Bagi Kanak-kanak”; “Lelongan I owe my thanks too to Puan Hamidah Abdul
Awam”; and “Mahkamah Tuntutan Kecil”. These Rahman for the superb and splendid photographs
pamphlets may be obtained free of charge and are and to Encik Muhammad Nur Hazimi Mohamed
available at all registration counters of the courts Khalil (Jimmy) for his painting of the cover and
nationwide. This is yet another step taken by us to portraits of the contributors and writers. My thanks
keep the public informed of the standard practices and appreciation are also dedicated to the National
and procedures in the judicial system. Archieves Department of Malaysia, The Sultan
Azlan Shah Gallery Kuala Kangsar, University
Conclusion of Malaya, Penang State Museum, Director of
Penang Courts, Mr. Azman Abu Hassan and
Finally, I would like to express my appreciation to the publisher PNMB for their effort in ensuring
all the contributors Datuk Mahadev Shankar, Tan the success of the publication of this Yearbook.
Sri Steve Shim Lip Keong, Justice David Wong
Dak Wah, Justice Hasnah Dato’ Mohammed I hope this Yearbook will contribute towards
Hashim, Justice Harmindar Singh Dhaliwal, showcasing our commitment in transforming our
Justice Hadhariah Syed Ismail and Ms. Kate judiciary into a world class judiciary.
Chong Yuh Tyng who gladly penned their thoughts
for the 2014 Yearbook. Once again my sincere Happy Reading!
appreciation goes to the Yearbook Committee led
by Justice Zainun Ali, together with her team, Tun Arifin Zakaria
namely: Justice Alizatul Khair Osman Khairuddin, Chief Justice of Malaysia

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 The malaysian judiciary
Yearbook 2014

Justice Zainun Ali

Federal Court Judge
Editor, The Malaysian Judiciary Yearbook 2014

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Yearbook 2014

Preface
We are by now accustomed to the rhythmn of the seasons.
Thus we are prepared this time around when the “season”
for sleepless nights is upon us again in getting this
yearbook ready for publication.

Our year’s work of almost epic proportions was overseas trip, I believe Jimmy has done justice to
characterised by our frenetic work schedules with the artistic depiction of a Malay Ruler in a Muslim
their phenomenal edginess and timelines. It makes art setting on the cover. Although these pieces of
our achievements and triumphs at the end cathartic art are usually done on buff paper and ours on
indeed. normal canvas, our artist stayed faithful to the neat
kufic script and textual symbols and motif
This year, as happened in the last, we coped admirably panelling.
with the almost impossible task of deciding and
completing the merits of most of the cases in our In the midst of outlining the demarcation of
crowded dockets. This is especially true of those Chapters, we were informed by some Justices
in the High Court and Court of Appeal, such that in the High Court that their perspectives in the
the Federal Court docket now threatens to burst Yearbook appeared nominal. Thus to balance this
at the seams. deficit, the Committee invited three Justices of the
High Court to share the range of their outlook.
In this, I am reminded of a remark made half a We do acknowledge that as trial judges, theirs is
century ago by Chief Justice Frankfurter of the a robust role; that in the quest for truth, through
US Supreme Court, where he observed that “the the clash of contradictions, it is crucial that they
Court’s schedule crowds the mind: for there is decide where the chips may fall.
such a thing as an intellectual traffic jam!”.
We have to thank High Court Judges, Justice Hasnah
Fortunately we are not in that position just yet. Dato’ Mohammed Hashim, Justice Harmindar Singh
At least, I hope not. Dhaliwal and Justice Hadhariah Syed Ismail for
their readiness in responding to our request to
In any case, what would strike any reader of the contribute contextually.
Judges’ decision would be this: that the judicial
opinions are currency of equal value, for they carry A special feature from the High Court of Sabah and
with them accurate reflections of the Justices’ state Sarawak is the thriving mobile court, which in its
of mind, concurring or dissenting as the case may be. unique way is a potent force in relieving the legal
issues and congruent pressures felt by inhabitants
However before I speak about the other Chapters in the interiors of the region.
of this Yearbook, allow me to say something about
the lay-out and aesthetics involved. Since judges by and large hold a special place in
the public’s mind, not least since they are arbiters
Departing from our sedate black and white tradition of our disputes and protectors of our freedoms,
for the cover of this publication, this time the we remain intrigued by their views, especially in
Committee commissioned our artist Jimmy Khalil a setting outside of officialdom. The value of off-
to give it a more vibrant visage. the-bench commentaries naturally depends on what
they reveal about how judges think and what they
Inspired by the dazzling Timurid and broadly think and believe is important in understanding
Turkman style of Muslim art I saw in a recent the judicial process.

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For this segment the Committee greatly appreciates That two decades have passed us by since the Court
the effervescent Dato’ Mahadev Shankar for his of Appeal’s inception in 1994 have had a sobering
musings. His Lordship’s scintillating wit and wisdom effect on us all. So much water had flowed under
never fail to stimulate our minds. the bridge since those initial first steps, that today,
the girth of the Court of Appeal reflects its singular
The Committee also wishes to express immense importance in the judicial regime.
gratitude to our erstwhile Chief Judge of Sabah
and Sarawak, Tan Sri Steve Shim Lip Kiong and The year 2014 also marked the passing of one
a sitting Court of Appeal Judge, Justice David of our greatest legal luminaries, Almarhum His
Wong Dak Wah for their respective illuminating Royal Highness Sultan Azlan Muhibbuddin Shah
articles in “Judicial Insights”. We are thankful that Al-Maghfur-Lah. The Reference Proceedings for
despite their punishing schedules, they responded Almarhum Sultan Azlan Shah, our former Lord
graciously to our requests. President/Chief Justice fully attended by the great
and the good, was momentous in its sadness. The
We were much cheered when the daughter of the Judiciary keenly felt the loss of its shining light,
late Tan Sri Chong Siew Fai, Ms Kate Chong since his Lordship’s capacious and far-ranging
Yuh Tyng without demur, agreed to provide us an intellect was only matched by his capacity for
article about her father. The late Tan Sri Chong kindness and wisdom. It was difficult to restrain
was regarded with great respect and affection from quoting Elizabeth Barrett Browning’s “How Do
in his time as the Chief Judge of Sabah and I Love Thee”… in describing Almarhum, because
Sarawak. Both Tan Sri and his wife the ebullient the ways in which we do, were countless.
Puan Sri Rosalind Chong, had lent an air of old
world charm and graciousness to this august For, how many of us can claim to be infused with
institution. the aura of his greatness which is transcendent
and absolute?
In the meantime, the drumbeat around producing
quality judgments has increased its tempo. Thus Thus the sum of all these parts is that we have
before we hear its crescendo, we are preparing had an unforgettable year as the Chapters in this
hard to make it work. The Judicial Academy has publication will reveal.
stepped up Judicial training and the fact that one
of its main focus is “Judgment Writing and Judge On behalf of the Editorial Committee, I am deeply
Craft” reflects this single-minded pursuit. It is honoured that the Rt. Honourable Chief Justice
critical that judges spend time in learning their Tun Arifin Zakaria continues to have faith in us
craft, no more than how Anthony Trollope wrote in producing this important publication which
volumes and volumes of Victorian novels; or for represents our year’s work, each Chapter marking
that matter how Gustave Flaubert spent hours and a milestone in our judicial responsibilities. Thank
hours just to decide whether to use a comma or a you Tun.
semicolon, in his desire to produce his masterpiece.
In other words, practice makes perfect. In all of these, I have only gratitude and superlatives
for the splendid shots done by our resident
In the normal run of things, 2014 would have been photographer Puan Hamidah Abdul Rahman; for the
just like any other Legal Year, banal if not bountiful exquisite artwork on the cover and other artworks
but for the fact that two events stood out clearly and sketches by our resident artist Muhammad
in our consciousness. The first is commemorating Nur Hazimi Dato’ Seri Khalil (Jimmy), and for the
the 20th Anniversary of the Court of Appeal; the refined work by PNMB; but most of all my thanks
second is the Reference Proceedings held for one are owed to alI my sister and brother Judges, Justice
of our most highly regarded and beloved Lord Alizatul Khair Osman Khairuddin, Justice Abdul
Presidents/Chief Justices of all times, Almarhum Aziz Abd Rahim, Justice Lim Yee Lan, Justice Mah
His Royal Highness Sultan Azlan Muhibbuddin Shah Weng Kwai, Justice Mohd Zawawi Salleh, Justice
Al-Maghfur-Lah. Abang Iskandar Abang Hashim, Justice Varghese

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George Varughese, Justice Idrus Harun, Justice At time of print, we bade farewell to one of the
Nallini Pathmanathan and officers Puan Chan Jit stalwarts of this Committee. Goodbye Justice Mah
Li, Puan Azniza Mohd. Ali, Puan Maimoonah Aid, Weng Kwai, your absence will be very much missed
Encik Mohd Sabri Othman, Puan Radzilawatee in the coming years!
Abdul Rahman, Encik Noorhisham Mohd Jaafar,
Puan Husna Dzulkifly, Puan Norhafizah Zainal To our readers, we hope you will enjoy this Yearbook
Abidin, Puan Sabreena Bakar@ Bahari, Encik as much as we did in getting it together!
Shazali Dato’ Hidayat Shariff, Encik Syahrul Sazly
Md Sain, Puan Lee Kim Keat, Encik Muhammad Justice Zainun Ali
Iskandar Zainol and Puan Hazmida Harris Lee Editor
without whose collective conviviality and good work
ethics, this painstaking job will not be an easy ride.

w
w
The malaysian judiciary

The malaysian judiciary The malaysian judiciary The malaysian judiciary

yearbook
2013

yearbook 2011 yearbook 2012 yearbook 2013

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 CHAPTER 1
OPENING OF THE LEGAL YEAR

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 THE MALAYSIAN JUDICIARY
YEARBOOK 2014

THE OPENING OF THE LEGAL YEAR 2014

PENINSULAR MALAYSIA

The procession of Judges at the Opening of the Legal Year 2014

The ceremonial opening of the Courts’ Legal Year this year’s event included the Hon. Hajah Nancy
2014 was held on Saturday 11 January 2014 at Haji Shukri, Minister in the Prime Minister’s
Dewan Seri Siantan Perbadanan Putrajaya located Department, the Rt. Hon. Dr Hatta Ali, the Chief
immediately across the Boulevard from the Palace Justice of Indonesia (and a delegation from the
of Justice. The Rt. Honourable Chief Justice Arifin Supreme Court of Indonesia) and the Rt. Hon. Mr
Zakaria led a procession of Judges from the Federal Sundaresh Menon, the Chief Justice of Singapore.
Court, the Court of Appeal and the High Courts, Also attending the solemn occasion were former Chief
and also Legal Officers attached to the Courts from Justices of Malaysia, retired Judges, Members of the
the Palace of Justice to the venue accompanied by Judicial Appointment Commission, Representatives
a marching band. of the Malaysian Bar, Officers from the Attorney
General’s Chambers, the Law Society of Singapore,
The members of the Judiciary then took their the Law Society of Hong Kong, the Law Society
places in the Hall to the strains of the Gamelan of Brunei, the Law Society of Australia and
in the background. Notable dignitaries joining LAWASIA.

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waiting time for disposal i.e. less than 18 months

“As the nation progresses economically,

it naturally follows that the demand on the
for capital punishment cases and less than a year
for cases involving government servants. Towards
time and costs savings, the Court of Appeal had
justice system becomes increasingly greater, also put into place the use of video conferencing
and this certainly is a challenge to all of us; and the setting up of an email address solely for
the Judiciary, the AGC and the Bar. Let us the approval of draft orders and the filing thereof.
move into this New Year with new resolve With the implementation of the NCC and NCvC Code
to offer our services to the nation and the nationwide the High Courts were also all geared to
people in upholding justice and the rule of law dispose of civil and commercial disputes within 9
with greater, vigour and dedication. It is also months from the date of filing. Worthy of mention
important to emphasize that justice should not were also the performance of the specialised courts
be the sole preserve of those who could afford including the Construction Courts (modelled after
it, it must also be accessible to all irrespective the London Technology and Construction Court),
of class or status. To this end, I call upon each the Environment Courts and the Corruption Courts
and every one of you as members of the noble (criminal).
legal profession to assist those in need of your
services in whatever way we can.” The Chief Justice also referred to the Forum which
Chief Justice Arifin Zakaria
was held on the evening preceding this year’s Opening
of the Legal Year. This was a maiden effort, and
In keeping with tradition the Chairman of the was held at Hotel Sri Pacific, Kuala Lumpur. The
Bar delivered the first speech followed by the first panel (drawn from the Judiciary, the Bar,
Honourable Attorney General. In his reply, the the Attorney General’s Chambers) dealt with the
Chief Justice gave a report of the performance of issue of “Enhancing Professionalism in the Legal
all the tiers of the Judiciary and commended the Fraternity – the Way Forward” and the second
members on their dedicated efforts in discharging panel discussed the topic, ‘Role of the Judiciary,
their duties during the course of 2013. The Chief the Attorney General’s Chambers in upholding the
Justice also touched on the innovations aimed at Rule of Law.” The attendees engaged in a lively
expediting delivery of justice such as continued banter and the Forum proved to be a platform
increased sittings and time allocation for oral for friendly and intellectual interaction between
submissions for leave applications at the Federal members of the Bench, the Attorney General’s
Court. The Court of Appeal has targeted shorter Chambers and Bar.

Judges proceeding into Dewan Seri Siantan, Perbadanan Putrajaya at the Opening of the Legal Year, 2014

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YEARBOOK 2014

The formal events on 11 January 2014 concluded year of working together to uphold the rule of law
with a sumptuous lunch which further provided and the cause of justice in the country through
an opportunity to wish each other another great the courts.

Chief Justice Arifin Zakaria delivering his speech during the forum held in conjunction with the Opening of
The Legal Year 2014 at Seri Pacific Hotel Kuala Lumpur

The Forum Panelists discussing the subject the “Role of the Judiciary, the Attorney General’s Chambers in upholding
the Rule of Law.”
(L-R): Mr. Ragunath Kesavan, Justice Mohamad Ariff bin Md Yusof, Mr. Raphael Tay (the moderator), Ms. Melati
binti Abdul Hamid and Mr. Nigel.

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The Forum Panelists discussing the subject “Enhancing Professionalism in the Legal Fraternity – the Way Forward”
(L-R): Ms. Norinna binti Bahadun, Justice Richard Malanjum, Justice Md Raus Sharif, Mr. Ranbir Singh.

Justice Ramly Ali posing a question during the forum

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JUDGES OF THE SUPERIOR COURT AT T

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T THE OPENING OF THE LEGAL YEAR 2014

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OPENING OF THE LEGAL YEAR 2014

SABAH AND SARAWAK

Together we walk: the start of the annual ceremony was marked with a procession led by Chief Justice Arifin
Zakaria, Justice Zulkefli Ahmad Makinudin, Justice Richard Malanjum, the Hon. Tan Sri Abdul Gani Patail, the
Attorney General and the Hon. Hajah Nancy Shukri the de facto Law Minister which began from the Pullman Hotel
up to the Old Court Building in Kuching.

From the year 2001, the commencement of the Legal Arifin Zakaria. Also present for the event were the
Year in Sabah and Sarawak has been observed President of the Court of Appeal, the Rt. Hon. Md
with a formal ceremony where the legal fraternity Raus Sharif and the Chief Judge of Malaya the Rt.
converge to take part in a procession before attending Hon. Justice Zulkefli Ahmad Makinudin who joined
a special court session convened to receive reports the procession together with the Chief Judge of
on the achievements of the Courts in the preceding Sabah and Sarawak Justice Richard Malanjum. Also
year as well as to hear out concerns or issues faced at the head of the procession were Federal Court
by the legal and judicial community in general. Judge Justice Abdull Hamid Embong, the Attorney
General of Malaysia Tan Sri Abd Gani Patail, the
In 2014, this significant event was held on 17 Minister in the Prime Minister Department (de
January 2014 in Kuching, Sarawak and was facto Law Minister) Hajah Nancy Haji Shukri
graced by the Rt. Hon. Chief Justice of Malaysia and Kuching North City Council Mayor, Datuk

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 THE MALAYSIAN JUDICIARY
YEARBOOK 2014

Abang Abdul Wahap Abang Julai. They marched legal year 2014 for Sabah and Sarawak. In his
from Pullman Hotel to the Old Court Building led speech His Lordship praised the unwavering efforts
by the Royal Malaysian Police Band. and cooperation of all parties in striving for the
betterment in the delivery of the judicial system
Others joining the procession were the State of Sabah and Sarawak. Indeed it was reported
Attorney of Sabah Datuk Hajah Mariati Robert, that the High Court in Sabah and Sarawak had
State Attorney General of Sarawak Datu Haji managed to dispose of 7,144 cases out of some
Abdul Razak Tready, President of the Sabah Law 9,000 pending civil cases in the year 2013. For
Association Datuk G.B.B Nandy @ Gaanesh JP criminal cases, a total of 638 were disposed out
and the President of the Advocates Association of of 967 that were pending. His Lordship observed
Sarawak Mr Khairil Azmi bin Haji Mohd Hasbie. that the numbers were impressive. Nonetheless
Many legal and judicial officers serving in East His Lordship maintained that there was a lot more
Malaysia were also part of the procession. room for improvement.

The special court session at the Old Court Building In conjunction with this memorable occasion,
commenced with a speech by the State Attorney several exhibition booths had been set up by the
General of Sabah followed by her colleague from relevant authorities, including the Road Transport
Sarawak. This was followed by Presidents of the Department, Kuching Court and law book publishers
Sabah Law Association and Advocates’ Association in the compound of the Old Court Building for
of Sarawak respectively. the benefit of the public. The exhibition was held
with the aim of increasing legal awareness and
Thereafter, the Chief Judge of Sabah and Sarawak enlightening the public of the core business of
took the centre stage delivering his speech and various government departments, the role of local
simultaneously declaring the official start of the authorities and the courts.

The procession, preceded by the Royal Malaysian Police band, begun from Pullman Hotel up to the Old Court
Building, Kuching.

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 THE MALAYSIAN JUDICIARY
YEARBOOK 2014

It drizzled throughout but the procession soldiered on toward the Old Court Building.

Chief Justice Arifin Zakaria in a lighter moment during the Opening of 2014 Legal Year.

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 THE MALAYSIAN JUDICIARY
YEARBOOK 2014

The Court in session at the Opening of 2014 Legal Year Sabah and Sarawak 2014.

L-R: Justice Md Raus Sharif, Chief Justice Arifin Zakaria, Justice Zulkefli Ahmad Makinudin, Justice Abdull Hamid
Embong.

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Chapter 1.indd 12 4/11/15 10:28 AM
 CHAPTER 2
THE FEDERAL COURT

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 THE MALAYSIAN JUDICIARY
YEARBOOK 2014

THE FEDERAL COURT

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 THE MALAYSIAN JUDICIARY
YEARBOOK 2014

As in the previous years the Federal Court’s to each party is limited to 15 minutes only with a
schedules and fixtures for the year 2014 had been further extension at the discretion of the chairman
tight even though the registration of cases in 2014 of the panel.
had shown a decrease of 6% as compared to the
previous year i.e. 1254 cases as compared to 1334 As for criminal appeals, in 2014 the Federal Court
cases in 2013. The court managed to dispose of a Registry received a total of 221 complete appeal
total of 1112 cases leaving 1404 pending cases as records from the Court of Appeal in respect of
at 31 December 2014. appeals registered in 2012 and 2013. In addition,
a total of 300 criminal appeals (excluding habeas
The three main categories of cases in Federal Court corpus) were registered in 2014. Out of the total
are namely, leave applications, civil appeals and of 300 criminal appeals, 231 criminal appeals
criminal appeals. were disposed of in 2014 compared to only 145 in
2013. There were still 540 appeals pending as at
Leave applications form the bulk of cases before 31 December 2014 despite the high disposal rate
the court. In 2014 a total of 752 leave applications in 2014 compared to 2013.
were registered. The court disposed of a total of
725 leave applications out of 1366 pending in The increase in the backlog is due to the fact
2014. The balance of leave applications as at 31 that the Federal Court Registry was not able to
December 2014 stood at 641. For the record, a fix more criminal appeals for hearing in 2013 and
total of 89 leave applications were allowed in 2014 part of 2014 due to the fact that most of the appeal
constituting 12% of the applications. records for cases registered in 2012 and 2013 were
not ready to be set down for hearing.
As for civil appeals, 131 appeals were registered
in 2014. The court was able to dispose of a total As for habeas corpus appeals, they showed a slight
of 106 appeals out of 290 pending appeals thus increase in registration, with a total of 38 appeals
leaving a balance of 184 as at 31 December 2014. registered in 2014 as compared to 25 in 2013. The
There was a slight increase in pending civil appeals Federal Court disposed of 20 appeals in 2014,
as compared to the previous year. In view of this leaving a balance of 28 as at 31 December 2014.
more sittings will be allocated for civil appeals Out of the 38 habeas corpus appeals registered
in 2015. The problem the Federal Court Registry in 2014, 35 were under the Dangerous Drugs
faces is in getting free dates of counsel as these (Special Preventive Measures) Act 1985, 2 under
appeals are mostly handled by senior counsel who the Extradition Act 1992 and 1 under section 15
very often have a tight calendar. of the Prevention of Crime Act 1959.

For the purpose of streamlining the procedure I would like to take this opportunity to record my
for civil appeals and leave applications, Practice sincere appreciation to all my sister and brother
Direction No. 1 of 2014 dated 3 March 2014 was judges, officers and staff of the Federal Court
issued in 2014. With this Practice Direction, parties for their continuous commitment and hard work
are expected to strictly comply with the two-week throughout the year.
timeline for the filing of written submissions in
order to give judges adequate reading time. The year 2014 witnessed the retirement of Justice
Tan Sri Zaleha Zahari. I would like to convey my
The Practice Direction also requires a core bundle heartfelt appreciation to Justice Tan Sri Zaleha
to be filed at the Registry not later than 14 days for her contribution to the judiciary. I wish her a
from the hearing date. This helps considerably happy and healthy retirement.
in narrowing down the issues before the court.
However, the parties are at liberty to refer to the Following the retirement of Justice Tan Sri Zaleha,
appeal record should the need arises. Justice Dato’ Azahar Mohamed was elevated to the
Federal Court. I am sure, with his vast experience
To expedite disposal of leave applications which he will be an asset to the Federal Court.
constitute the bulk of cases before the Federal
Court a fixed time for oral submissions was also Justice Arifin Zakaria
introduced. The duration for oral submission allotted Chief Justice of Malaysia

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 THE MALAYSIAN JUDICIARY
YEARBOOK 2014

Judges of the Federal Court

1. Justice Abdull Hamid Embong 7. Justice Jeffrey Tan Kok Wha

2. Justice Suriyadi Halim Omar 8. Justice Mohamed Apandi Ali

3. Justice Ahmad Haji Maarop 9. Justice Abu Samah Nordin

4. Justice Hasan Lah 10. Justice Ramly Haji Ali

5. Justice Zaleha Zahari 11. Justice Azahar Mohamed

6. Justice Zainun Ali

A Gavel - Penang Court

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 THE MALAYSIAN JUDICIARY
YEARBOOK 2014

PROJECTION AND PERFORMANCE OF THE

FEDERAL COURT IN 2014
The performance of the Federal Court in 2014 is shown below in graphical form.

TRACKING CHART
TOTAL NUMBER OF REGISTERED, DISPOSED AND PENDING CASES
FOR THE YEAR 2014

1400

1200

1000

800
No. of Cases

600

400

200

0
Jan
Feb Mar Apr May June July Aug Sep Oct Nov Dec
2014

Registration 75 97 106 120 93 80 71 63 127 120 142 160

Disposal 115 110 87 98 105 74 84 80 92 96 126 45

B/Forward 1262 1222 1209 1228 1250 1238 1244 1231 1214 1249 1273 1289

The three main categories of cases in the Federal Court are motions for leave to appeal, civil appeals
and criminal appeals. Other matters include civil and criminal references, criminal applications and
cases of original jurisdiction.

There is an increase in the number of pending cases in Federal Court as at 31 December 2014,
amounting to 1404 compared to 1262 as at 31 December 2013. In 2014, a total of 1254 cases were
registered as compared to 1334 in 2013. Of these cases, 1112 were disposed of, achieving a clearance
rate of 89% against the total number of registration in 2014.

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 THE MALAYSIAN JUDICIARY
YEARBOOK 2014

TRACKING CHART
TOTAL NUMBER OF REGISTERED, DISPOSED AND PENDING CASES
AS AT 31 DECEMBER 2014
(LEAVE APPLICATIONS)

700

600

500
No. of Cases

400

300

200

100

0
Jan
Feb Mar Apr May June July Aug Sep Oct Nov Dec
2014
Registration 49 51 60 61 58 53 45 45 82 74 82 92

Disposal 92 68 57 69 73 65 43 56 54 57 68 23

B/Forward 614 571 554 557 549 534 522 524 513 541 558 572

Registration for leave applications showed a decrease by 9% from 827 in 2013 to 752 in 2014. The
number of disposals in 2014 is 725 compared to 829 in 2013. As at 31 December 2014, total number
of leave applications pending in Federal Court is 641.

Total number of leave applications disposed of as against registration in 2014 is 96%.

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 THE MALAYSIAN JUDICIARY
YEARBOOK 2014

TRACKING CHART
TOTAL NUMBER OF REGISTERED, DISPOSED AND PENDING CASES
AS AT 31 DECEMBER 2014
(CIVIL APPEALS)

200

180

160

140

120
No. of Cases

100
80

60
40

20

0
Jan
Feb Mar Apr May June July Aug Sep Oct Nov Dec
2014
Registration 5 20 20 13 6 10 7 4 10 9 14 13

Disposal 6 11 12 7 10 3 16 5 5 9 20 2

B/Forward 159 158 167 175 181 177 184 175 174 179 179 173

For civil appeals, the registration showed a decrease by 8% from 143 in 2013 to 131 in 2014. The
Federal Court disposed of a total of 106 appeals out of 290 pending appeals thus leaving a balance of
184 as at 31 December 2014.

Total number of civil appeals disposed of as against registration in 2014 is 81%.

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 THE MALAYSIAN JUDICIARY
YEARBOOK 2014

TRACKING CHART

TOTAL NUMBER OF REGISTERED, DISPOSED AND PENDING CASES

AS AT 31 DECEMBER 2014
(CRIMINAL APPEALS)

200

180

160

140

120
No. of Cases

100
80

60
40

20

0
Jan
Feb Mar Apr May June July Aug Sep Oct Nov Dec
2014
Registration 20 25 23 41 26 15 18 13 33 33 41 50
Disposal 14 30 15 20 20 6 23 17 33 26 29 18

B/Forward 481 487 482 490 511 517 526 521 517 517 524 536

For criminal appeals, the registration in 2014 is 338 compared to 337 in 2013. The Federal Court
managed to dispose of 251 appeals in 2014 compared to 185 in 2013, leaving a balance of 568 as at
31 December 2014.

Total number of criminal appeals disposed of as against registration in 2014 is 74%.

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 THE MALAYSIAN JUDICIARY
YEARBOOK 2014

TRACKING CHART
TOTAL NUMBER OF REGISTERED, DISPOSED AND PENDING CASES
FOR THE YEAR 2014
(ORIGINAL JURISDICTION/ CRIMINAL APPLICATION/
CIVIL REFERENCE/CRIMINAL REFERENCE)

14

12

10

8
No. of Cases

0
Jan
Feb Mar Apr May June July Aug Sep Oct Nov Dec
2014

Registration 1 1 3 5 3 2 1 1 2 4 5 5

Disposal 3 1 3 2 2 0 2 2 0 4 9 2

B/Forward 8 6 6 6 9 10 12 11 10 12 12 8

For other matters comprising original jurisdiction, criminal application, civil / criminal references, there
were 33 cases registered in the Federal Court throughout 2014, out of which 30 cases were disposed
of in 2014. As at 31 December 2014, there are only 11 cases pending.

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Chapter 2.indd 22 4/11/15 10:32 AM
 CHAPTER 3
THE COURT OF APPEAL

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 THE MALAYSIAN JUDICIARY
YEARBOOK 2014

THE COURT OF APPEAL

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 THE MALAYSIAN JUDICIARY
YEARBOOK 2014

2014 was a significant year for the Court of Appeal. Chambers and the Bar for their considerable efforts
It marked the 20th years of its inception. It also on working cooperatively with us on a number of
marked the fourth consecutive year of the reform initiatives and in assisting us all in addressing the
programme we have embarked upon ever since challenges in the administration of justice. I am
year 2011. assured by and grateful for the pledges of support
and commitment they have each extended.
The 20 th Anniversary could not have come too
soon as 2014 was the year we recorded the lowest 2014 witnessed a significant number of changes to
number of pending appeals since the case backlog the Court of Appeal’s judicial makeup. Firstly, we
reform programme was first initiated in year bade a fond farewell to Justice Abdul Malik Ishak
2011. The year 2014 saw further progress in our and Justice Anantham Kasinather, who retired. I
efforts in maintaining the critical benchmarks for extend my appreciation to them for their immense
clearance rates and waiting periods for appeals to contributions to the Court of Appeal. I wish them
be heard. With our backlog reduction programme, both a blissful retirement and every success in
we have managed to finally see some light at the all their future undertakings. Secondly, year 2014
end of our long judicial tunnel. witnessed the elevation of Justice Azahar Mohamed
from the Court of Appeal to the Federal Court
When we ended the year in 2010, there were 10,771 Bench. I would like to congratulate him and at
appeals pending in the Court of Appeal. Between the same time thank him for all the contributions
then and 31 December 2014, the number of pending rendered for the betterment of the Court of Appeal.
appeals had dropped to 3209. In the span of four Finally, the strength of the Court of Appeal Bench
years we managed to dispose of a total of 7562 was reinforced with the appointment of new Judges,
appeals. In year 2014 alone the total number of namely, Justice Ahmadi Asnawi, Justice Idrus
appeals disposed of was 5154 cases against the Harun, Justice Nallini Patmanathan Justice Dr.
registration of 4142. In the span of twenty years Badariah Sahamid, Justice Ong Lam Kiat Vernon,
ever since the inception of the Court of Appeal, Justice Abdul Rahman Sebli and Justice Dr. Prasad
this is the first time in history that the number Sandosham Abraham. I take this opportunity to
of appeals disposed of in the last four years has congratulate each of them and look forward to
surpassed the number of appeals registered. working with them in years to come.

The monumental accomplishment we recorded is On a different note, I would like to report here
cause for celebration. Our achievements would have that for 2015 our concentration would be to clear
not been possible but for the remarkable efforts of the ageing appeals. We are targeting that by end
those who toiled so prodigiously. I extend my sincere of 2015, all cases in the Court of Appeal will not
appreciation firstly to my sister and brother judges exceed more than one year. To this end, the sitting
for their dedication and efforts in disposing cases arrangements for the judges has been revised.
in a timely way. Without their unstinting effort, we There will be three (3) specialised panel for the
could not have succeeded, as we have, in reducing New Commercial Court (NCC) and New Civil Court
the backlog of cases to almost manageable level. (NCvC) appeals, three (3) specialised panel for
the Full Trial appeals, two (2) specialised panel
At the same time I wish to express my heartfelt for the Criminal appeals and a special panel to
appreciation to the Registrar of the Court of hear the application for leave to appeal. The case
Appeal together with her working staff for their management will be conducted by the Judges of
contribution to the excellence that the Court of respective panel to ensure that the cases are ready
Appeal has achieved. Your professionalism and for hearing and can be disposed of in an efficient
your efforts continue to be integral to the smooth manner within a reasonable time frame.
operation of this Court.
The number of sitting days are now fixed between
I would like to take this opportunity to acknowledge ten to twelve days in a month. This is to allow the
the efforts of our stakeholders who were instrumental Judges to take a breather from hearing cases and
in enabling us to improve the administration of at the same this would give them more time to
justice. I am heartened by the reception we have read the records as well as to write their grounds.
received from all of the institutions and organizations I am also pleased to place on record that all leave
we have approached to assist us. In particular, applications in civil and criminal cases are being
I would like to commend the Attorney General’s heard in three months. Interlocutory appeals are

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 THE MALAYSIAN JUDICIARY
YEARBOOK 2014

now already current, as they are being heard Judges of the Court of Appeal
within the target of six months from the date of
registration. 1. Justice Mohd Hishamudin Haji Mohd Yunus

For the year 2015, we will continue to monitor such 2. Justice Abdul Wahab Patail
cases to ensure the said timeline is always observed.
It is our target that appeals which originate from 3. Justice Zaharah Ibrahim
the Subordinate Courts, be it criminal or civil
4. Justice Linton Albert
will be current by the end of the year 2014. This
means that in 2015, we will have only 2014 cases. 5. Justice Balia Yusof Haji Wahi
Appeals from the New Commercial Court (NCC),
New Civil Courts (NCvC), Muamalat, Admiralty, 6. Justice Alizatul Khair Osman Khairuddin
Intellectual Property (IP) and Construction Courts
have a target disposal deadline of six (6) months 7. Justice Aziah Ali
from the date of registration. Most of these cases
8. Justice Mohtarudin Baki
have been disposed of within the time frame. Some
did take longer than six (6) months, but mostly did 9. Justice Abdul Aziz Abd. Rahim
not exceed a year. For the death penalty appeals,
we are targeting to reduce the waiting period to 10. Justice Lim Yee Lan
one year from the earlier target of eighteen (18)
months by the end of 2015. With regard to the 11. Justice Mohamad Ariff Md. Yusof
appeal involving government servants which are
mainly corruption cases, we will continue to give 12. Justice Mah Weng Kwai
special attention to ensure all are being heard 13. Justice David Wong Dak Wah
within the time frame of six months to one year.
14. Justice Rohana Yusuf
With NCC, NCvC and other specialised court appeals
being disposed of within the timeline, what is left to 15. Justice Tengku Maimun Tuan Mat
be dealt with are the old civil appeals and criminal
appeals. The majority of these appeals date from 16. Justice Mohd Zawawi Salleh
2013. Thus in 2015, our focus will be to dispose
17. Justice Dr. Hamid Sultan Abu Backer
of these old appeals by the end of 2015.
18. Justice Zakaria Sam
As a parting note, I would like to state here
that albeit we have made continued progress in 19. Justice Abang Iskandar Abang Hashim
administering justice, we cannot rest on our laurels.
Whilst timely and efficient justice is important, 20. Justice Umi Kalthum Abdul Majid
equally important is that the quality of justice must
21. Justice Varghese George Varughese
never be compromised in the quest for quantitative
improvement. As we all know the world is rapidly 22. Justice Ahmadi Haji Asnawi
changing, the Court of Appeal therefore needs to
focus and fine-tune its collective judicial mind to 23. Justice Idrus Harun
keep in step with such changes, with the aim of
enhancing its delivery system. At this juncture 24. Justice Nallini Pathmanathan
with the knowledge of our solid underpinnings, I
am driven to look ahead. 25. Justice Dr. Badariah Sahamid

26. Justice Ong Lam Kiat Vernon

Justice Md Raus Sharif 27. Justice Abdul Rahman Sebli
President
Court of Appeal, Malaysia 28. Justice Dr. Prasad Sandosham Abraham

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 THE MALAYSIAN JUDICIARY
YEARBOOK 2014

PERFORMANCE OF THE COURT OF APPEAL IN THE YEAR 2014

[1] The year 2014 has shown a further reduction Trial Civil Appeals are further categorised
of pending appeals in the Court of Appeal. As into six sub-categories which are the New
at 31 December 2014, the number of appeals Commercial Court Appeals (NCC), New Civil
pending had dropped from 4221 as at 31 Court Appeals (NCvC), Intellectual Property
December 2013 to 3209. In total, the Court Appeals (IP Appeals), Muamalat Appeals (MUA
of Appeal in the year 2014 had disposed 5154 Appeals) and Admiralty Appeals. In 2014,
appeals against a registration of 4142. Thus Construction Appeals was added as another
making the percentage of disposal against category.
registration is 124%.
[3] The performance of the Court of Appeal in
[2] As in the last four years, the appeals in the 2014 is shown in the graph below. From the
Court of Appeal are broadly categorised into graph shown it can be seen that the monthly
three, namely, Interlocutory Appeals (IM disposal of appeals except, for the month of
Appeals) Full Trial Civil Appeals, and Criminal June and December has always been higher
Appeals. For monitoring purposes, the Full than the appeals registered.

NUMBER OF APPEALS REGISTERED AND DISPOSED IN 2014

FROM 1 JANUARY 2014 – 31 DECEMBER 2014

4500

4000

3500

3000
No. of Cases

2500

2000

1500

1000

500

0
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Registration 349 320 307 344 355 281 313 423 405 326 319 400

Disposal 465 470 445 476 386 274 342 558 506 466 461 305
B/Forward 4105 3955 3817 3685 3654 3661 3632 3497 3396 3256 3114 3209

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 THE MALAYSIAN JUDICIARY
YEARBOOK 2014

[4] The total number of registered, disposed and pending appeals according to the categories as at
31 December 2014 can be seen from the chart below.

TOTAL NUMBER OF REGISTERED, DISPOSED AND PENDING CIVIL AND CRIMINAL

APPEALS AS AT 31 DECEMBER 2014

Percentage
Pending Pending (Disposed
Registration Disposed
Subject Matter (as at (as at against
2014 2014
31.12.2013 31.12.2014 Registration)

Interlocutory (IM) 450 473 754 169 160%

Full Trial
2163 945 1923 1185 203%
(FT)
Criminal 880 844 936 788 111%
NCC 165 357 307 215 86%
NCVC 559 1425 1189 795 83%
IPCV 4 26 11 19 42%
MUA 19 6 13 32%
ADMIRALTY 9 5 4 56%
CONSTRUCTION 44 23 21 52%
TOTAL 4221 4142 5154 3209 124%

[5] As can be seen from the chart above, the substantial reduction in the number of pending appeals
is attributed to the significant disposal of the Full Trial appeals. It also showed of a higher
disposal of appeals against registration for IM and Criminal appeals.

Interlocutory Matters Appeals (IM Appeals)

[6] In 2014, the Court of Appeal had successfully disposed a total of 754 IM Appeals as against
registration of 473 appeals. As at 31 December 2014, there are only nine (9) pre-2014 appeals yet
to be disposed since those appeals are related to the Full Trial appeals. However, all have been
fixed for hearing till April 2015.

INTERLOCUTORY MATTERS (IM) APPEALS 2014

PENDING AS AT 31 DECEMBER 2014

WEST MALAYSIA EAST MALAYSIA

Appeals from High Sub

TOTAL

SABAH SARAWAK
YEAR Court Court
TOTAL

TOTAL

01 02 03 04 01 02 03 04 01 02 03 04

2011 1 1

2012

2013 1 7 1 9

2014 22 62 33 11 128 2 12 2 16 1 11 2 1 15

TOTAL 23 69 34 11 137 2 13 2 17 1 11 2 1 15

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 THE MALAYSIAN JUDICIARY
YEARBOOK 2014

Full Trial Civil Appeal

[7] In 2014, the Court of Appeal had disposed 1923 Full Trial Civil appeals against registration of
945. The percentage of disposal against the number of appeals registered is 203%. The number
of pending appeals was further reduced from 2163 as at 31 December 2013 to 1185 by the end
of 2014. Out of 1185 appeals, two (2) were registered in 2010, 25 appeals registered in 2011, 81
appeals registered in 2012, 374 appeals registered in 2013 and 706 appeals registered 2014. In
2015, priority will be given in disposing these appeals.

In respect of Full Trial Civil appeals from the Subordinate Courts namely Code 04, they are
almost current with only eight (8) appeals registered in 2013 while the rest are 2014 appeals.
The target for 2015 is to dispose those cases within six (6) months.

FULL TRIAL (FT) APPEALS 2014

PENDING AS AT 31 DECEMBER 2014

WEST MALAYSIA EAST MALAYSIA

TOTAL

Appeals from High Sub

YEAR SABAH SARAWAK

TOTAL

TOTAL
Court Court

01 02 03 04 01 02 03 04 01 02 03 04

2010 2 2
2011 4 19 23 1 1 2
2012 9 68 77 3 3 1 1
2013 53 219 8 280 5 28 33 14 47 61
2014 169 290 103 562 9 59 68 26 48 2 76
TOTAL 235 598 111 944 15 91 106 40 96 2 138

NCC Appeals

[8] All 360 appeals registered in 2013 had been disposed, except 11 appeals which have been fixed for
hearing till March 2015. With regard to 357 appeals registered in 2014, 153 had been disposed
leaving a balance of 204, out of which 181 appeals are still within six-month timeline. For appeals
exceeding the six-month timeline, the disposal of these appeals will be monitored to ensure its
will not exceed more than a year.

NEW COMMERCIAL COURTS (NCC) APPEALS 2014

PENDING AS AT 31 DECEMBER 2014

CASES REGISTERED PENDING

TOTAL
FT FT DISPOSED FT FT PENDING
MONTH IM IM
(WITNESS) (AFFIDAVIT) (WITNESS) (AFFIDAVIT) APPEAL
JAN 18 12 3 3 18
FEB 28 15 5 8 27 1 1
MAR 20 11 5 4 15 2 2 1 5
APR 20 14 6 18 1 1 2
MAY 34 23 3 8 31 1 2 3
JUNE 25 13 8 4 13 4 6 2 12
JUL 26 7 10 9 11 4 9 2 15
AUG 27 17 4 6 10 9 3 5 17
SEPT 32 15 7 10 6 13 4 9 26
OCT 39 23 10 6 4 22 8 5 35
NOV 34 21 7 6 21 7 6 34
DEC 54 41 6 7 41 6 7 54
TOTAL 357 212 74 71 153 118 49 37 204

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 THE MALAYSIAN JUDICIARY
YEARBOOK 2014

NCvC Appeals

[9] All 1354 appeals registered in 2013 had been disposed except 17 appeals which have been fixed
for hearing till March 2015. With regard to 1425 appeals registered in 2014, 647 appeals had been
disposed leaving a balance of 778, out of which 669 appeals are still within the timeline of six (6)
months.

NEW CIVIL COURTS (NCvC) APPEALS 2014

PENDING AS AT 31 DECEMBER 2014

CASES REGISTERED PENDING

TOTAL
DISPOSED PENDING
FT FT FT FT
MONTH IM IM APPEAL
(WITNESS) (AFFIDAVIT) (WITNESS) (AFFIDAVIT)

JAN 131 54 68 9 114 5 10 2 17

FEB 99 32 54 13 87 9 3 12
MAR 116 42 55 19 100 3 9 4 16
APR 118 57 45 16 95 4 15 4 23
MAY 123 40 65 18 82 10 26 5 41
JUNE 90 30 51 9 52 4 31 3 38
JUL 103 52 41 10 50 14 33 6 53
AUG 169 64 87 18 43 34 76 16 126
SEPT 131 47 70 14 19 38 63 11 112
OCT 107 32 61 14 2 32 60 13 105
NOV 114 44 59 11 3 42 58 11 111
DEC 124 56 55 13 56 55 13 124
TOTAL 1425 550 711 164 647 242 445 91 778

Muamalat Appeals

[10] The Muamalat appeals are now current. Out of nineteen (19) appeals registered in 2014, six (6)
had been disposed leaving a balance of (thirteen) 13 appeals.

MUAMALAT APPEALS 2014

PENDING AS AT 31 DECEMBER 2014

CASES REGISTERED PENDING

TOTAL
FT FT DISPOSED FT FT PENDING
MONTH IM IM APPEAL
(WITNESS) (AFFIDAVIT) (WITNESS) (AFFIDAVIT)
JAN 1 1 1
FEB 1 1 1 1
MAR
APR 2 1 1 2
MAY 1 1 1 1
JUNE 2 2 2
JUL 1 1 1
AUG 1 1 1 1
SEPT 5 2 1 2 2 1 2 5
OCT 1 1 1 1
NOV 2 2 2 2
DEC 2 1 1 1 1 2
TOTAL 19 10 5 4 6 6 4 3 13

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 THE MALAYSIAN JUDICIARY
YEARBOOK 2014

Intellectual Property

[11] Similarly, Intellectual Property appeals are also current. All sixteen (16) Intellectual Property
appeals registered in 2013 had been disposed. Out of 26 appeals registered in 2014, seven (7)
had also been disposed of leaving a balance of nineteen (19) appeals.

INTELLECTUAL PROPERTY (IPCV) APPEALS 2014

PENDING AS AT 31 DECEMBER 2014

CASES REGISTERED PENDING

TOTAL
FT FT DISPOSED FT FT PENDING
MONTH IM IM APPEAL
(WITNESS) (AFFIDAVIT) (WITNESS) (AFFIDAVIT)

JAN
FEB 2 2 2
MAR
APR 3 1 2 3
MAY 1 1 1 1
JUNE 1 1 1
JUL
AUG 1 1 1 1
SEPT
OCT 7 2 5 1 1 5 6
NOV 5 3 1 1 3 1 1 5
DEC 6 1 1 4 1 1 4 6
TOTAL 26 8 3 15 7 6 3 10 19

Admiralty

[12] There were nine (9) Admiralty Appeals registered in 2014. Out of this, five (5) had been disposed
leaving a balance of four (4) appeals.

ADMIRALTY APPEALS 2014

PENDING AS AT 31 DECEMBER 2014

CASES REGISTERED PENDING

TOTAL
FT FT DISPOSED FT FT PENDING
MONTH IM IM APPEAL
(WITNESS) (AFFIDAVIT) (WITNESS) (AFFIDAVIT)
JAN
FEB
MAR
APR 3 3 1 2 2
MAY 2 2 2
JUNE 1 1 1
JUL
AUG
SEPT 1 1 1
OCT
NOV
DEC 2 2 2 2
TOTAL 9 8 1 5 4 4

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Construction Appeals

[13] This category of appeals was introduced in line of the setting up of the Construction Court in High
Court Kuala Lumpur and Shah Alam. A total of 44 Construction appeals were registered in 2014.
Out of this, 23 had been disposed leaving a balance of 21 appeals. Like other specialised appeals,
the target timeline of disposing of these appeals is six (6) months from the date of registration.

CONSTRUCTION APPEALS 2014

PENDING AS AT 31 DECEMBER 2014

CASES REGISTERED PENDING

TOTAL
FT FT DISPOSED FT FT PENDING
MONTH IM IM APPEAL
(WITNESS) (AFFIDAVIT) (WITNESS) (AFFIDAVIT)

JAN 2 1 1 2
FEB
MAR 2 1 1 2
APR
MAY 5 1 2 2 5
JUNE 2 1 1 1 1 1
JUL 5 1 4 4 1 1
AUG 6 3 2 1 5 1 1
SEPT 3 2 1 2 1 1
OCT 5 2 2 1 2 2 1 5
NOV 11 5 4 2 2 4 3 2 9
DEC 3 1 1 1 1 1 1 3
TOTAL 44 17 12 15 23 8 7 6 21

Leave Application

[14] All Leave Applications filed in the Court of Appeal are disposed within the three-month timeline.
In 2014, a total of 621 leave applications were registered in which 552 had been disposed. The
remaining 79 are well within the three-month timeline.

Disposed Percentage
Pending as at Registration Pending (as at
Subject matter (Disposed against
31.12.2013 2014 31.12.2014
2014 Registration)

Leave Application 110 621 652 79 105%

Criminal Appeals servant (Code 06B). This has resulted in

successful disposal of 304 and 105 Code 05(M)
[15] As at 31 December 2014, the number of and Code 06B respectively.
Criminal appeals pending was reduced to 788
from 880 appeals in the previous year. Last [16] For 2015, the target is still to reduce the
year, the Court of Appeal had disposed 936 waiting period of Code 05(M) to not more
appeals against registration of 844 appeals. than one (1) year and not more than six (6)
In 2014, like previous years the focus was in months for Code 06B. The chart below showed
disposing death penalty appeals (Code 05(M)) the aging list of Criminal appeals as at 31
and criminal appeals involving government December 2014.

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CRIMINAL APPEALS 2014

PENDING AS AT 31 DECEMBER 2014

EAST MALAYSIA
WEST MALAYSIA

TOTAL
SABAH SARAWAK
YEAR

TOTAL

TOTAL
05 05 05 05 05 05
06A 06B 09 06A 06B 09 06A 06B 09
(XM) (M) (XM) (M) (XM) (M)

2010 3 3
2011 1 1
2012 4 8 6 18 1 1
2013 19 61 5 34 119 4 10 14 1 1 2
2014 144 151 38 224 557 3 8 1 3 23 38 8 1 6 20 35
TOTAL 167 220 41 267 697 8 19 1 3 23 54 9 2 6 20 37

[17] In 2014, new initiatives and measures were Police Force to discuss and resolve
undertaken by the Court of Appeal, namely: matters of common interest for the better
(a) Beginning 5 August 2014, two new categories administration of our justice system;
of Code were introduced in the Court of (d) Regular meetings were held with the
Appeal, namely Code 06 and 08(Review), Deputy Registrars of the High Court
are review application for criminal and handling criminal appeals for the purpose
civil appeals respectively. In 2014, twelve of expediting the preparation of records
(12) applications were filed for Code 06 of appeal; and
and one (1) was filed for Code 08(Review) (e) Meetings were also held with the Sabah
which all had been disposed; Law Association (SLA) and Advocates
(b) In 2014 the Court of Appeal also has Association of Sarawak (AAS) to discuss
fully implemented the e-Filing system matters in common regarding filing and
for Code 08 (application for leave to preparation of appeal records to ensure
appeal) effective from 24 September all the records are in order.
2014 whereby all documentations that
are submitted and processed online. This CONCLUSION
contributed for speedy hearing of Code
08 application; [18] For 2015, the Court of Appeal's main aim is
(c) In 2014 regular meetings and discussions to reduce the waiting period of all appeals
were held with the Attorney General’s to be not more than one (1) year. With the
Chambers, the Bar Council, the Prison strong support and cooperation from the
Department and the Royal Malaysian stakeholders, it is well within our reach.

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A panel of the Court of Appeal comprising Justices who were from the Bar.
[L-R: Justice Mah Weng Kwai, Justice Mohamad Ariff Md Yusof and Justice Dr. Prasad Sandosham Abraham]

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A mace - Penang High Court

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 CHAPTER 4
HIGH COURTS

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THE HIGH COURT OF MALAYA

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The year 2014 has been another successful year for For the subordinate courts, a revised version of the
the High Court of Malaya. Overall, the High Court compendium of personal injury awards for running
has maintained its respectable rate of disposal of down cases was issued in 2014. Due credit must
cases. The backlog of cases before the High Court be given to the Malaysian Bar for their assistance
have gradually been cleared. Parties in civil litigation in coming up with this compendium which serves
dispute can now look forward for the High Court’s as a guideline for Judges and Judicial Officers in
target in the next few years to dispose of civil cases providing a standard amount of personal injury
within a year from the date of registration. Most awards. Nevertheless, this compendium only serves
of the cases in fact have been disposed of within as a guideline and does not bind the Court in
that time frame. The statistics on the disposal and arriving at its decision. Disputing parties are now
registration of cases are discussed in Appendix A encouraged to take advantage of this compendium
of this Yearbook. in settling their disputes without going for trial to
arrive at an early settlement of the cases.
For the subordinate courts, we have already
successfully achieved our target of disposing all To further enhance the knowledge and competency
cases within a time frame of one year from the of the Judges and Judicial Officers, the Judicial
date of registration. Academy and the Chief Registrar’s Office have
continued to organise courses and seminars on
For the High Court and the Subordinate Court, various subjects of interest in law. Most of the
there has been a continuing effort taken to enhance courses and seminars are conducted in-house
its delivery system and court procedures. One of wherein our own Judges of the Appellate Courts
the significant steps taken is the standardisation were the lecturers and moderators to impart their
of the case management procedure for all the High knowledge and experiences to the Judges and
Courts in Malaya. In July 2014, the Chief Judge Judicial Commissioners of the High Courts. It is
of Malaya’s Practice Direction No. 2 of 2014 was also noted that a revised and updated version of
issued for the purpose of streamlining the pre-trial the Judiciary’s Bench Book on civil and criminal
case management procedures for the Judges and procedure have been finalised and distributed to
Registrars at the High Court of Malaya. Through all courts in Malaysia. The Bench Book is a quick
this Practice Direction, there would be uniformity guide for Judges and Judicial Officers on various
in the conduct of the pre-trial case management by subjects of the law that they can make reference to
the Judges and Registrars. It has also benefitted in discharging their judicial duties. Several Judges
the lawyers and litigants to better prepare and and Judicial Officers have contributed significantly
manage their cases well in advance before the in the revising and the preparation of new topics
trial process. included in the Bench Book that are relevant in
the civil and criminal proceedings in court.
In order to address the delay in the preparation of
the records of criminal appeal before the superior For the year 2014, the Judges and Judicial
courts because of delay in transcribing the notes Officers have given their best in discharging their
of proceedings recorded by CRT recording of the judicial duties to dispose of the cases fairly and
trial Courts, transcribers from private companies expeditiously. I have to put on record here that
were engaged and paid by the Courts to assist the Managing Judges comprising our members of
in the transcription of the notes of proceedings. the Appellate Court have greatly assisted me in
With this action taken, criminal appeal before the the effective management of the disposal of cases
Appellate Court can be fixed and heard within six in both the High Courts and Subordinate Courts.
(6) months from the date of the disposal of cases With the assistance of the Managing Judges, and
by the trial Court. the full cooperation of the Judges and Judicial
Officers, I am confident that the High Courts and
The High Court of Malaya is also looking forward the Subordinate Courts will further improve on
to introduce a system of E-Bidding process of its their performance and instill public confidence in
public auction. The system aims to facilitate and the Judiciary.
improve the Court’s current procedure of public
auction which for some time had received complaints The statistics on disposal of cases for 2014 are as
from the public of its inefficiency and lack of per Appendix A.
transparency. A working committee has been set up
under the Chief Registrar’s Office to supervise the
development of this system. It is hoped that with
the system in place the public auction conducted
by the Court will be more accessible to the public Justice Zulkefli Ahmad Makinudin
and be more transparent. Chief Judge of Malaya

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JUDGES OF THE HIGH COURT OF MALAYA

1. Justice Su Geok Yiam 28. Justice Mary Lim Thiam Suan

2. Justice Zainal Adzam Abd. Ghani 29. Justice Kamardin Hashim

3. Justice Lau Bee Lan 30. Justice Yaacob Haji Md. Sam

4. Justice Siti Mariah Haji Ahmad 31. Justice Zabariah Mohd. Yusof

5. Justice Wan Afrah Dato’ Paduka Wan Ibrahim 32. Justice Akhtar Tahir

6. Justice Mohamad Zabidin Mohd. Diah 33. Justice Hue Siew Kheng

7. Justice Abdul Halim Aman 34. Justice Noraini Abdul Rahman

8. Justice Nurchaya Haji Arshad 35. Justice Nor Bee Ariffin

9. Justice Zulkifli Bakar 36. Justice Yeoh Wee Siam

10. Justice Mohd Zaki Md. Yasin 37. Justice Amelia Tee Hong Geok Abdullah

11. Justice Mohd Azman Husin 38. Justice Has Zanah Mehat

12. Justice Mohd. Sofian Tan Sri Abd. Razak 39. Justice Hasnah Dato’ Mohammed Hashim

13. Justice Abdul Alim Abdullah 40. Justice Harmindar Singh Dhaliwal

14. Justice Ghazali Haji Cha 41. Justice Hadhariah Syed Ismail

15. Justice John Louis O’Hara 42. Justice Nik Hasmat Nik Mohamad

16. Justice Rosnaini Saub 43. Justice Hanipah Farikullah

17. Justice Suraya Othman 44. Justice Asmabi Mohamad

18. Justice Noor Azian Shaari 45. Justice See Mee Chun

19. Justice Ahmad Zaidi Ibrahim 46. Justice Samsudin Hassan

20. Justice Mariana Haji Yahya 47. Justice Lee Swee Seng

21. Justice Azman Abdullah 48. Justice Abdul Karim Abdul Jalil

22. Justice Hinshawati Shariff 49. Justice Kamaludin Md. Said

23. Justice Mohd Yazid Haji Mustafa 50. Justice Ahmad Nasfy Haji Yasin

24. Justice Zainal Azman Ab. Aziz 51. Justice Teo Say Eng

25. Justice Zamani A. Rahim 52. Justice Rosilah Yop

26. Justice Zaleha Yusof 53. Justice Hashim Hamzah

27. Justice Halijah Abbas 54. Justice Azizah Nawawi

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JUDICIAL COMMISIONERS OF THE HIGH COURT OF MALAYA

1. Judicial Commissioner Dr. Hassan Ab. Rahman 15. Judicial Commissioner Che Mohd Ruzima
Ghazali
2. Judicial Commissioner Zakiah Kassim
16. Judicial Commissioner Ab Karim Haji Ab
3. Judicial Commissioner Choong Siew Khim Rahman

4. Judicial Commissioner Nurmala Salim 17. Judicial Commissioner Lim Chong Fong

5. Judicial Commissioner Siti Khadijah S. Hassan 18. Judicial Commissioner Azimah Omar
Badjenid
19. Judicial Commissioner Nordin Hassan
6. Judicial Commissioner Mohd Zaki Abdul Wahab
20. Judicial Commissioner Mat Zara’ai Alias
7. Judicial Commissioner Gunalan Muniandy
21. Judicial Commissioner Azmi Ariffin
8. Judicial Commissioner Vazeer Alam Mydin
Meera 22. Judicial Commissioner Noorin Badaruddin

9. Judicial Commissioner Wong Teck Meng 23. Judicial Commissioner Collin Lawrence Sequerah

10. Judicial Commissioner S.M. Komathy Suppiah 24. Judicial Commissioner Wong Kian Kheong

11. Judicial Commissioner Rozana Ali Yusoff 25. Judicial Commissioner Azizul Azmi Adnan

12. Judicial Commissioner Abu Bakar Katar 26. Judicial Commissioner Mohamed Zaini Mazlan

13. Judicial Commissioner S.Nantha Balan E.S. 27. Judicial Commissioner Dr. Sabirin Ja’afar
Moorthy
28. Judicial Commissioner Dr. Choo Kah Sing
14. Judicial Commissioner Abu Bakar Jais

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THE HIGH COURT OF SABAH AND SARAWAK

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As in the past years the Courts in Sabah and For 2015, the Courts of Sabah and Sarawak will
Sarawak in 2014 continues, as a matter of policy, give added emphasis to criminal and civil cases
to focus on two primary objectives, firstly, for the related to environmental protections. Expeditious
expeditious disposal of cases without sacrificing disposal of tourist-related cases will also be given
justice and secondly, facilitating access to justice priority.
for the rural folks under the Mobile Court and
Mobile Courtroom program. Workshops on environmental issues will be organised
for Judges and judicial officers in order to sensitise
In order to attain this twin objectives, reliance on them to the importance of environmental protections
modern technology became the standard working including the protection of wild life and marine life.
culture not only for the convenience of Judges and
Judicial Officers but also for the lawyers and other And in order to assist foreign tourists and those
Court users. involved in tourism-related industry, pamphlets in
various languages will be made available at hotels,
For the first objective, features in the Integrated tour operators and tourist information centres on
Computerisation System (ICS) such as e-filing, the procedure to make claims in Small Claims
e-payment, e-appeal and e-case management review court. In addition, names of contact persons from
are now very much in use. This is are additional to the Courts will also be given to facilitate quick
the monitoring features utilised as the management communication.
tools. Delays in fixtures of hearings, decisions and
grounds of judgments as well as the return of cause For completeness the statistics on disposal of cases
papers are no longer an issue. in the Courts of Sabah and Sarawak for 2014 are
as per Appendix B.
Recent addition to the ICS is the auto monitoring
on the use of judicial times by Judges and Judicial
Officers via the auto time sheets daily and weekly Justice Richard Malanjum
reports. This feature helps to reduce wastage of Chief Judge of Sabah and Sarawak
judicial times by the relevant persons.

And soon to be added will be the everyday auto Judges of the High Court of Sabah & Sarawak
monitoring of punishments. This feature will directly
alert High Court Judges on the punishments 1. Justice Sangau Gunting
imposed by the Subordinate Courts. Reliance on
2. Justice Nurchaya Haji Arshad
daily news reports will be history. Thus, where a
Judge thinks that the punishment imposed by the 3. Justice Yew Jen Kie
Subordinate Court on a particular case is inadequate
4. Justice Rhodzariah Bujang
or excessive based on the facts and circumstances
given, he may revise the case in the exercise of 5. Justice Supang Lian
his revisionary power if there is no appeal filed by 6. Justice Stephen Chung Hian Guan
the Prosecution or the Defence.
7. Justice Ravinthiran Paramaguru
For the second objective, Judicial Officers in 8. Justice Chew Soo Ho
Sabah continues to do overtimes on weekdays and
sacrificed their weekends in order to hold inquiries 9. Justice Lee Heng Chong
on pending applications for endorsements of late
registration birth certificates. Twice a month, for
the same purpose they also organised visits to Judicial Commissioners of the High Court of
rural villages including overnight stays under the Sabah & Sarawak
Mobile Court programme.
1. Judicial Commissioner Douglas Cristo Primus
The Mobile Courtrooms in customised buses is Sikayun
time and costs savers for both the Courts and 2. Judicial Commissioner Azhahari Kamal Ramli
users from the outlaying areas where there are
no courthouses and where transportation to the 3. Judicial Commissioner Mairin Idang @ Martin
nearest courthouses is non-existence.

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PERSPECTIVES OF JUDGES OF
THE HIGH COURT

LIFE AS A TRIAL JUDGE

By: Justice Hasnah Dato’ Mohammed Hashim

If one were to take a snapshot of a typical High In speaking about what a model judge should be,
Court judge, say about fifteen years ago, that I have this to say:
person would be a male, most likely over the Speaking for myself, it will begin with the oath
age of 50 and is either of Malay or Indian ethnic taken by me upon my appointment which is to
origin. He would most likely be from a middle class decide fairly and to do the right thing to all manner
background, went to a good school and proceeded of people and to protect the Constitution.
to one of the main universities where his brilliant
academic achievements takes him to further legal Not many people really know what life on the
studies or one where he goes straight into one of bench really entails. I would say that it is
the Inns of Courts in the United Kingdom. certainly not meant for the lily-livered. Unlike
that of a lawyer, whose working life may involve
Today however, the demographical structure in the long hours and pressures, a judge’s ‘legal’ life is
Judiciary is somewhat different. It is not unusual almost ‘in perpetuity’ with a constant workload.
for the snapshot of a Malaysian High Court judge It has been argued that the hours a judge put in
today, to reveal a woman of about 50 from more or may not be quite as long as those of a lawyer in a
less the same ethnic and educational background difficult trial – I disagree because our long hours
as the aforementioned male judge. are continuous; at the end of a long day in court
when the case is over, when the lawyers leave for
With our existing melting pot of cultures and drinks with friends, the judge trudges home and
races in Malaysia, the diversity of judges on the that is when her real work begins – where she has
Malaysian bench is even greater. The ratio of the critical job both of writing a judgment and at
female as opposed to male judges is still impressive the same time, minding the hearth.
and the Malaysian Judiciary stands tall amongst
the ranks of other Judiciaries around the world, The pressure of keeping within the time frame of
since women judges make up more than half of the judgment writing is indeed difficult especially after
judges in the Superior Courts where there are now a long day on the bench. The judge has to find
45 women as opposed to 81 male. a path through the thicket of issues presented by
parties. Clearly the objective and impartial search
Many a time the same question has been asked: for truth is not an easy one. However the strong
What is it really like being a judge, especially if sense of achievement after reaching a solution to
one is a woman? a problem is infinitely satisfying.

My answer to the above question is that it is no One of the most important qualities necessary in
mean feat. judgeship is that of integrity. This calls for a firm
A woman judge’s judicial duties would constantly insistence on values and principles and upholding
compete with her domestic ones and each would the rule of law.
have equal dominance in her life. The trick of
course is to find that perfect balance, whereby she The second most important quality in a judge is
can do both, judiciously and competently. that knowledge of the law is a prerequisite.

Thus this conundrum begs the next question : Lord Radcliffe who was himself regarded as an
“What qualities then are necessary in a judge? excellent judge, had said that a good judge is one
Man or woman?” who is “wise, learned and objective.1”

1
Radcliffe “The Lawyer and his Times : Some Collected Papers [1968] 265 at 276.”

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To this is added, knowledge about the social, cultural One of the most critical aspects of a trial judge’s
and political influences and the relationships of the judicial function is to assess whether a witness is
law to society both in the present context and in telling the truth. Although sometimes a person’s
the past. Thus a keen understanding of human demeanour can be gauged or discerned, it is not
affairs and a heavy dose of common sense is helpful. always a reliable guide to an important question
as to his credibility. Thus, trial judges must be
In this context, I shall speak a little about circumspect in making conclusions about a person’s
objectivity. The term implies judicial neutrality credibility based upon impressions, because making
and impartiality. adverse findings about a person’s credibility would
have far-reaching consequences; all the more when
Along with this comes the necessity of the judge the appellate courts are slow in interfering with
possessing a disciplined work ethics, one where the such findings, based as it were, on the trial judge
judge delivers her judgments on time. There is no having seen and heard the witness first hand.
more fear nowadays of any long delays in giving
judgment and there would certainly be no ‘untoward’ Thus my view is that it is necessary that a trial judge
incidents happening (such as Hamlet’s suicide due explains how he or she formed his or her opinion.
to the law’s delay!) to be sure; However it is good A good pointer would be to look for more objective
to be reminded time and again that there can be and solid indications when resolving contradictory
no quicker way to lose the public’s confidence than versions of events. A precise reconstruction of the
to have a lethargic bench or an indifferent judge story may point the way, as would inconsistencies.
hearing a case or writing a judgment, especially
if that judge is a judge of first instance. In the case of a civil trial, the trial judge has a
colossal amount of reading materials to go through
In this, may I say a word or two about the need for
including submission of counsel, affidavits and oral
having a good temperament. Undoubtedly our work
presentations of evidence and arguments.
load in the High Court is relentless. But we should
always be mindful of why we are there in the first place.
The importance of the work of a trial judge (whether
criminal or civil) is sometimes underestimated. One
In other words, the trial judge must not be combative but
can speak lordly about the importance of legal issues
should be calm and stay above the fray. The judge’s
on appeal; however if the facts are not correctly
courtesy to lawyers should also be extended to litigants.
found, the appeal stands on a flimsy footing.
The above traits are common enough. But in
reality, does the public really know what a trial As Sir Harry Gibbs said :-
judge really do? “More injustices are created by erroneous findings
of fact than by errors of law.2”
I shall speak about the trial judge, who presides
over hearings alone. In the High Court, a trial Thus by and large, the role of a trial judge whether
judge presides over civil or criminal trials, or both. a man or woman is much the same : the only
difference being that as wives and mothers, we
This involves the hearing of witnesses, followed by have to multi-task and with quiet confidence, take
submissions and a judgment. The role of a judge things in our stride.
in a criminal trial is much the same as that in a
civil trial. Fortunately we have done away with the As UK’s Supreme Court Judge Baroness Brenda
jury system in criminal trials, simply because I am Hale had said in a speech, to female members of
told by very senior judges that the summing up on the Judiciary :-
the facts and directions on the law for the jury was
really challenging. Undoubtedly the judge in a criminal “ I, too, used to be sceptical about the argument
trial, with or without a jury, has to be extremely that women judges were bound to make a difference,
circumspect when dealing with criminal law concepts, because women are as different from one another as
since the decisions are a matter of life and death. men, and we should not be expected to look at things
from a particularly female point of view, whatever
It must be stressed that the trial judge’s task is that might be. But I have come to agree with those
to be alert as to the evidence adduced and the great women judges who think that sometimes, on
rules applicable. occasions, we may make a difference…”.

2
Gibbs “Judgement Writing” (1993) 67 Australia Law Journal 494

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THE DETERRENCE HYPOTHESIS FOR CAPITAL

PUNISHMENT – FACT OR MYTH?
~ by Justice Harmindar Singh Dhaliwal

The death penalty or capital punishment is the human compassion. How should a just society, with
judicially ordered execution of a prisoner as reasonable laws fairly enforced, respond to those who
punishment for a serious crime, often referred to as have broken the law? Most people would agree that
a capital offence. As a method of punishment, the society must respond with punishment.1Punishment,
death penalty is as old as civilization itself. The itself, has at its core the intentional infliction of
Babylonian’s Code of Law of Hammurabi, developed pain or harm.2 Since punishment involves inflicting
by the king of one of the world’s first empires, dated a pain or deprivation similar to that which the
back from the third or second millennium before perpetrator of a crime inflicts on his or her victim,
Christ. This Code provides one of the earliest written there must be some moral, legal, political or even
statements on capital punishment, that is, “an eye ethical justification.
for an eye” or retributive justice. Both the Greeks
and the Romans invoked the death penalty for a According to punishment theorists, the justification
wide variety of offences. Socrates and Jesus were for punishment, generally, has been fashioned on
perhaps the most famous people ever condemned three broad fronts. Some justifications appeal to
for a capital crime in the ancient period. the demands of justice and considerations of desert
– to the criminal deserving punishment or to the
In medieval Europe, a wide variety of offences could victims or other members of society deserving
be punished by death, including robbery and theft, state sanctioned retribution. Some justifications
even if no one was physically harmed. Specific appeal instead to the utility and especially to the
crimes would warrant specific methods of execution. prospect of deterrence – to the thought that the
Suspected witchcraft, religious heresy, atheism or threat of punishment, or punishment itself, will
homosexuality would be punished by burning at work to prevent crime. Finally, some appeal to
the stake. The methods of execution would also punishment’s role in establishing, expressing, or
depend upon the social class of the condemned. In affirming society’s commitment to the judgments
England, by 1700, Parliament had enacted many embodied in the law. Sometimes these are combined
new capital offences which resulted in hundreds of to fashion a theory that appeals to considerations
persons being put to death each year. of justice and desert as well as to the importance
of deterrence and the role punishment can play in
By the 1750s, reform of the death penalty began expressing moral disapproval.
in Europe. It was championed by the likes of
the Italian political theorist Cesare Beccaria, the Strong passions often arise in a discussion on whether
French philosopher Voltaire, and the English law the penalty of death holds up to all these theories
reformers Jeremy Bentham and Samuel Romilly. of punishment. Such passions can often colour our
They argued that the death penalty was unjust, judgments. However, we do need to explore the issue
needlessly cruel and unnecessary as a deterrent. of capital punishment by asking some fundamental
They defended life imprisonment as a more rational questions about punishment. Broadly, we need to
alternative. ask why punishment is necessary. What are the
goals and limits of punishment? And, is one goal
Fast forward to the 21st century, serious crimes of punishment more in keeping with the death
still persist. Alarmingly, crimes now involve more penalty than another? For example, if our only
violence with a clear disregard and disdain for purpose in punishing a criminal was to deter him

1
Other responses could be restitution, reparations and reconciliation.
2
Stanley Benn, “Punishment” The Encyclopedia of Philosophy, 1967, Macmillan at p 29; Richard Wasserstrom, “Capital Punishment as
Punishment: Some Theoretical Issues and Objections”, Midwest Studies in Philosophy, 1982, p 476.

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or her from committing the crime again, would not hardly likely to undertake a cost-benefit analysis.
life imprisonment serve just as well as execution? If crimes are indeed committed by rational and
informed persons, then long-term imprisonment
The assumption of deterrence forms the most would be severe enough to deter crime.
important foundation for support of capital
punishment. It is frequently asserted that the death It is therefore not surprising that most scientific
penalty is justified as it prevents the criminal from studies have failed to find convincing evidence that
repeating his crime and deters crime by discouraging the death penalty deters crime more effectively than
would-be offenders. Obviously, inflicting the death other punishments. A survey conducted by the United
penalty would guarantee the condemned person Nations in 2002 concluded: “…it is not prudent
will commit no further crimes. This is more of an to accept the hypothesis that capital punishment
incapacitative effect rather than a deterrent one. deters murder to a marginally greater extent than
However, would the death penalty deter would- does the threat and application of the supposedly
be offenders? The tenet that harsher penalties lesser punishment of life imprisonment.”4 In USA,
could substantially reduce crime rates rests on studies by Thorsten Sellin showed no demonstrable
the assumption that criminals weigh the costs and deterrent effect of capital punishment even during
benefits of their contemplated acts. Many crime its heyday.5 Many years later a study carried out
strategies exhibit this belief. Even large segments by David Anderson in the USA showed that at the
of crime literature and many court judgments on time of their offences, 76% of the criminals in the
sentencing regularly appear to employ this thinking. sample study and 89% of the most violent offenders
were not cognizant of either the possibility of
In the early nineteenth century, picking pockets apprehension or the likely punishments associated
was among the 220 capital crimes in England. with their crimes.6
Thousands were executed before the attending
masses. Undeterred by the fate of their colleagues, Another significant study carried out in 1995 by
pickpockets routinely worked the crowds at public Professors Michael Radelet and Ronald Akers polled
hangings.3 The irony of this state of affairs begs top criminologists in the US which research revealed
fundamental questions: in what way does increased the criminologists believed the death penalty does,
punishment address crime problems? Do criminals or can do, little to reduce rates of criminal violence.7
really make informed or rational decisions? The study was repeated in the late 2000’s and
those polled were asked to base their conclusion
It now appears to be accepted view that most on existing empirical research. The percentage of
violent criminals perceive no risk of apprehension expert criminologists who believe that the death
or have no thought about the likely punishments penalty is not a deterrent rose to 88.2%; those who
for their crimes. If a crime is premeditated, the felt that it does act as a deterrent fell to 5.3%
criminal would have gone to great lengths to escape when compared to the 1995 study.8
detection, arrest and conviction. The severest
punishment would not act as a deterrent. Even if It has been argued, on the other hand, that the
it is not premeditated, the question of deterrence death penalty can be justified as the criminal had
of any death penalty becomes less relevant. In voluntarily assumed the risk of a legal punishment
most capital crime cases, the desired response to that he could have avoided by not committing
such prevention strategies is inhibited because of the crime. Nevertheless, there remain the moral
drugs, alcohol, psychosis, ego or revenge. In such objections, as amply demonstrated in the cases of
moments of stress or weakness, the criminal is drug mules prosecuted for drug trafficking, that

3
David Anderson, “The Deterrence Hypothesis and Picking Pockets at the Pickpocket’s Hanging”, 2000, http//ssm.com/abstract=214831.
4
Roger Hood, The Death Penalty: A World-wide Perspective, Clarendon Press, 3rd Ed, 2002, p 230
5
Kelin, Frost & Filatove, “The Deterrent Effect of Capital Punishment: An Assessment of the Evidence” in Bedau, The Death Penalty in America,
3rd Ed, 1982 at pp 138-140.
6
David Anderson, “The Deterrence Hypothesis and Picking Pockets at the Pickpocket’s Hanging”, 2000, http//ssm.com/abstract=214831
7
Michael Radelet, Ronald Akers, “Deterrence and the Death Penalty: The View of Experts”, 87, J. Crim. L. & Criminology, (1996-1997)
8
Michael L. Radelet, Traci L. Lacock, “Do Executions Lower Homicide Rates? The Views of Leading Criminologists”, 99 J. Crim. L. & Criminology,
(2009)

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the death penalty can be excessive as retribution Perhaps the time is overdue for a thoughtful
and by most accounts a failure as a deterrent. It discussion on whether the death penalty should be
would appear that these people are executed not retained or whether life in prison without release for
as retribution but rather for a fleeting moment the most heinous of crimes is a viable alternative
of immaturity, stupidity and greed. In short, the penalty. Empirical research has revealed the
punishment does not quite fit the crime. deterrence hypothesis for a myth. If this is accepted
by society then perhaps there will be less public
The death penalty, in this way, also obscures the and political endorsement of the death penalty.
true causes of crime and distracts attention from Many now believe that what may really act as a
social measures that are needed for its control. deterrent to criminal violence is not the threat of
Politicians and governments who advocate executions, extreme punishment but the strict enforcement of
instead of dealing with the underlying or root causes just laws and certainty of punishment. Maybe it
of crime such as poverty or injustice, deceive the is time to shift our focus elsewhere rather than
public and mask their own failure in coming up merely on extreme or mandatory punishment every
with the right anti-crime measures. time crime rates go up.

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WRITING QUALITY JUDGMENT: A CHALLENGING TASK

QUANTITY WITHOUT COMPROMISING QUALITY
By Justice Hadhariah Syed Ismail

Introduction comprehensible. The length of a judgment is not

important. The length depends on the requirement
The writing of a judgment is one of the most of each particular case which a Judge had decided.
important and time consuming tasks performed by However, as a general rule, a long judgment is not
a Judge. A well written judgment will promote appreciated; particularly so when such a judgment is
the administration of justice. Conversely, a badly unclear in its reasoning and difficult to comprehend.
written judgment will reflect badly on the judiciary. What is required is a reasoned judgment rather
than the reason for the judgment.
A judgment is written not only for the benefit of
the parties to the judgment but also for the benefit A Speaking Judgment
of the legal profession, the judges and the appellate
courts. The losing party is the primary focus in It is appreciated that each Judge has his or her own
any judgment. The losing party is entitled to have style of writing and usage of language. Some Judges
a candid explanation of the reasons why it lost its are better than others. However, one important
case. A judgment is written not only to enable the requirement of any written judgment is that it must
parties to exercise their appellate rights but also be a speaking judgment. What this mean is that
to uphold the intellectual integrity of the system firstly, the judgment must explain the decision to
of law and the logical reasoning in arriving at a the parties concerned and it must be clear in the
particular decision. Lawyers also examine written reasoning for the decision for the appellate court
judgments to understand the reasons for the decision to consider the correctness or otherwise of the
and to confirm the impartiality of the judiciary. decision. It is said that the soul of a judgment is
the reason for arriving at the findings. To achieve
Reasoned Judgment this, a judgment must be well organized.

Under the present practice directions, a Judge is A well organised judgment serves to achieve two
given eight weeks to write a judgment. The more objectives. Firstly, it will help the readers to
cases a judge disposed, the more judgment he has find their way through the judgment easily and
to write. Some cases are complex; therefore the quickly. Secondly, it will make interesting reading
time taken to write a judgment for such a complex from beginning to end. A well written judgment
case could be more than eight weeks. Invariably, should demonstrate the cohesion and linkage of the
delay in writing one judgment leads to accumulated preceding part of the judgment with the succeeding
unwritten judgments. Writing judgments can one in such a way that the reader is able to know
therefore be very stressful for a Judge. This is effortlessly how and why the Judge has reached
even more so when the performance of a Judge is the given conclusion.
assessed on how many judgments he had written
and published. More importantly, it is not the Basic Structure of a Judgment
number of judgments that have been written but
it is the quality of the judgments that should not A well organised judgment will have a basic
be compromised. structure as follows: (a) it will have an introduction
or opening statement which explain what kind of
It is globally accepted that judgments should be case it is about and what is the cause of action.
brief, simple, clear, comprehensive, concise and The opening statement also will state the roles of

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the plaintiff and the defendant in the trial and the A judge should avoid making criticism of the
issues raised before the court; (b) the judgment must parties or their witnesses or person not a party
also state the relevant facts to the issues that are to to the litigation in his written judgment, unless it
be determined. If it is possible the narration of the becomes necessary for justifiable reasons. Even so,
facts must be brief and arranged in chronological the language should be of utmost restraint, sober
order; (c) then, the judgment must identify and state and dignified.
the issues that require determination by the judge;
(d) this will be followed by a brief statement of the The use of headings and subheadings is always
arguments by the parties. Normally the primary helpful for the purpose of arranging the judgment
focus is on the losing parties’ position. Therefore, in a cohesive manner and for the convenient of its
the arguments or contentions by the losing parties readers. The headings and subheadings will help
must be stated first. The judgment should identify to break the monotonous reading of the continuous
the flaws in the losing parties’ position and this text and enable the readers to reach that part of
must be supported with sufficient reasons to show the judgment which interest them most.
that they are not arbitrary or capricious; and (e)
finally, the judgment must contain the judge’s To assist judges in writing well organised and
finding and conclusion. This decision of the judge readable judgments, the Judiciary had conducted
must be stated in the clearest terms leaving no training courses for the judges. One of the recent
scope for ambiguity. courses was “Judge Craft and Judgment Writing”.
The objective is to enhance the judges’ judgment
In writing a judgment a judge should avoid quoting writing ability and to educate the judges on some
extensively from the pleadings of the parties or their of the common errors committed during judgment
evidence. Reference to case law in the judgments writing, such as failure to identify issues, failure
must be carefully done. Only case laws which are to provide reason or basis for finding or failure to
relevant to the issues should be referred to and properly evaluate the evidence.
any quotation from the case law should be kept
to the bare minimum. It is very important that Conclusion
in citing a case law or quoting from it, the judge
must make sure that the citation as to the year, The above are some of the challenges faced by
volume, name of the report and page of the quoted a judge in writing a good and quality judgment.
passage is correct. There is no hard and fast rule and also there is
no exhaustive guidelines for writing of a quality
judgment. The only way is to continue to improve
one’s skill of judgment writing by accepting
constructive criticism and hard work.

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The Penang High Court

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MOBILE COURT IN SABAH

~ Kg. Inarad, Tongod, Sandakan

Access to justice has not always been easy to the eight hours. There is, however, a circuit court in
people living in the rural areas of East Malaysia. Pekan Beluran approximately 120 km away but it
In order to provide equal access to justice, the takes almost five hours of travel by road. The road
Chief Judge of Sabah & Sarawak Justice Richard from Pekan Tongod to Kg Inarad is a combination
Malanjum initiated the idea of the ‘mobile court’. of gravel, red soil and port holes.
The programme was launched on 22.3.2007.
When the team reached Kg Inarad, inquiries were
The mobile court would usually comprise Session held on pending applications for endorsement of late
Court Judges, Magistrates and staff. Government registration of birth. This is to enable villagers to
departments such as the National Registration authenticate birth certificates. Civil and criminal
Department, the hospital and the Information matters are notably rare.
Department are also invited to join mobile courts
operations. The involvement of the Chief Judge of Sabah
and Sarawak and High Court Judges/Judicial
The journey back and forth especially in remote Commissioners during this trip had eased the
areas of Sabah and Sarawak is undoubtedly tough hearings of applications as unhappy applicants
and tiring. Nonetheless, it has never hindered could file revisions and those could be disposed
judges and judicial officers in giving their best to of at once.
serve the rural folks.
The mobile court which visited Kg. Inarad saw
Kg. Inarad, Tongod, Sandakan the participation of officers from the National
Registration Department and the Duchess of Kent
The Mobile Court team visited Kg. Inarad on Hospital, Sandakan.
8.11.2014.
Apart from disposing Birth Extract applications,
This village is located in the Tongod District, members of the mobile court also took part in
Sandakan. The nearest High Court to Kg Inarad preparing meals for the villagers and providing
is in Sandakan which is about 230 km away. The other social services such as haircut. These are part
journey from Sandakan to Kg Inarad by road takes of the courts' social responsibility to the society.

Justice Richard Malanjum during a visit to one of the village houses during the
programme.

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The mobile court spent about eight to nine hours The mobile court team is receipient of the villagers’
at the village. The session started around 9 am warmth and hospitality. That in itself is rewarding.
and ended by 2 pm. On the way back to their
respective stations, members of the team had to The mobile court programme reflects a caring society
go through muddy and slippery roads due to the and its members will endeavour to dispense justice
monsoon rain. to the people tenaciously.

Judicial Commissioner Douglas C. Primus Sikayun with an applicant for Birth

Extract under Section 23 of Sabah Birth & Death Registration Ordinance (Cap 123).

The Mobile Court team having lunch after the applications were heard and disposed of
(L-R): Judicial Commissioner Azhahari Kamal bin Ramli, Justice Ravinthran a/l
Paramaguru, Tuan Duncan Sikodol, Tuan Ismail Ibrahim, Judicial Commissioner
Mairin bin Idang @ Martin, Judicial Commissioner Douglas C. Primus Sikayun.

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 CHAPTER 5
OFFICE OF THE CHIEF REGISTRAR OF
THE FEDERAL COURT

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OFFICE OF THE CHIEF REGISTRAR OF THE

FEDERAL COURT

Mr. Roslan Haji Abu Bakar

The Chief Registrar of the Federal Court of Malaysia

The Office of the Chief Registrar of the Federal officers and supporting staff. In May 2014, the Office
Court is a branch which executes the administrative had launched the Judicial Officers Training Road
functions of the judicial body. The year 2014 was Map as an initiative to ensure that our judicial
indeed a fruitful one for Chief Registrar’s Office as officers are equipped with necessary skills and
numerous initiatives were put forward to enhance knowledge in improving their judicial competency.
the smooth running of the Court’s delivery system
to the public at large. Long Distance Education

Judicial Officers Training Road Map The Office of the Chief Registrar also had organized
two long distance education courses with other
The Office of the Chief Registrar believes in counterparts. The courses were conducted in 2014
consistently improving the competency of judicial via video conferencing involving the judicial officers

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Chief Justice Arifin Zakaria (left) launching the Judicial Officers Training Road Map & Court Brochure witnessed
by the then Chief Registrar Datuk Azimah Omar (middle) and the then Registrar of the High Court of Malaya Mr.
Roslan Haji Abu Bakar (right).

in Putrajaya with judges and law clerks at the Court was introduced which enables payments to be made
of Appeal of the Ninth Circuit in San Francisco, online via the Financial Process Exchange (FPX)
United States. The courses conducted focused on or through the Kiosk or e-POS system located at
case management in the appellate court, case the courts. Payment of fines for traffic summons
weightage and identification of issues. ordered by the courts can also be made through
this system. On the whole, the system makes it
Establishment of the Coroner’s Court easier for lawyers and the public to make payments
to court.
Due to public concern over the increase of custodial
deaths, the Judiciary established fourteen Coroners’ In recognition of the service that the system
Courts in April 2014 with the task of independently provides, the Federal Court received the ‘FPX Top
inquiring into the cause and circumstances of certain Merchant Award of the Federal Courts of Malaysia
deaths. Fourteen senior Sessions Court Judges Sabah and Sarawak’ by the Electronic Clearing
were appointed throughout Malaysia as Coroners. Corporation Sdn Bhd (MyClear) in October 2014.

e-Court Finance System e-Judgment System

On 15 August 2014, e-Court Finance System (E-CFS) The e-judgment system was introduced in 2014 to
was implemented at the Melaka Court Complex. provide a database for all Grounds of Judgment
The e-Court Finance system is a computerized written by judges and judicial officers. The judgments
accounting system introduced to replace the manual uploaded in this system can be viewed by Judges
accounting system. Under this system, a new mode and judicial officers. Selected judgments will be
of channelling payments for filing of court documents sent to law journals for publication.

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Guide Book on Civil Cases for Subordinate Prime Minister’s Department to the Office of the
Court Chief Registrar on 5 November 2014.

This guidebook is an initiative under the Work Plan The new court complex which houses 2 High Courts,
for 2013/2014 Focus Group on Enforcing Contract 1 Civil Sessions Court, 2 Criminal Sessions Courts
(FGEC) PEMUDAH in ensuring the smooth running and 3 Criminal Magistrates Courts was fully
of courts system as well as providing an easy operational on 1 December 2014.
reference for the public to obtain information on
procedures of civil cases in the Subordinate Courts. Completion of Data Entering Process for the
On 16 October 2014, the guidebook was launched E-Probate and Administration Management
by the Chief Secretary, The Hon. Tan Sri Dr. Ali System
Hamsa. The information in this guidebook among
others includes matters relating to jurisdiction of The e-Probate and Administration Management
the Subordinate Courts, Civil Claims, Small Claims System was introduced to shorten the time taken in
Court, Judgment Debtor Summons and Adoption processing application for Letters of Administration.
Proceedings. In obtaining a Letter of Administration, it is the
duty of the Principal Registry in Kuala Lumpur
Publication of Court Brochures to ensure that only one Letter of Administration
is issued for an estate. Previously, the difficulties
The Office of the Chief Registrar had taken steps encountered by the Principal Registry in Kuala
in improving the delivery system to the public by Lumpur was that it had to make manual searches
publishing ten court brochures, which is placed at all for records that had been kept since 1949. This
courts throughout the country. The court brochures caused delay in the process of obtaining the Letter
consist information amongst others on Court Ethics, of Administration. For that reason, the e-Probate
Child Court, Court Bail, and Commissioner for and Administration Management System was
Oaths, Auctions by the Court. introduced.

New Court Complex for the Klang Sessions With this system, the courts will be able to search
and Magistrates Court for any caveat entered or any application for
Letters of Administration previously made for any
A new court complex was built to house the Sessions particular estate of the deceased in a short period
and Magistrates Court situated in Klang. Previously, of time. The data entering process which started
the Klang Sessions and Magistrates Court occupied in 2011 was completed in November 2014 with all
the British Resident House since 1965 as a court 1.04 million data being entered into the system
complex. The court building was officially handed and the system is now fully operational.
over by the Legal Affairs Division (BHEUU) of the

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 The waiting area on the first floor of the Penang High Court Building

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 CHAPTER 6
JUDGES

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AN ARTISTIC IMPRESSION OF A MALAY RULER

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JUDGES’ APPOINTMENTS AND ELEVATIONS

The year 2014 witnessed the elevation and of Appeal and twelve Judicial Commissioners as
appointment of a number of Judges at every level of High Court Judges. This year, twelve new Judicial
the Superior Courts. Commissioners were appointed.

These include the elevations of Justice Azahar The full list of the Judges elevated and Judicial
Mohamed from the Court of Appeal to the Federal Commissioners appointed in 2014 is as shown below:
Court, seven Judges of the High Court to the Court

Position Date of Appointment Name

Federal Court Judge 12 September 2014 1. Justice Azahar Mohamed

Court of Appeal Judge 12 September 2014 1. Justice Ahmadi Haji Asnawi

2. Justice Idrus Harun
3. Justice Nallini Pathmanathan
4. Justice Dr. Badariah Sahamid
5. Justice Ong Lam Kiat Vernon
6. Justice Abdul Rahman Sebli
7. Justice Dr. Prasad Sandosham Abraham
High Court Judge 19 February 2014 1. Justice Asmabi Mohamad
2. Justice Lee Heng Cheong
3. Justice See Mee Chun
4. Justice Samsudin Hassan
5. Justice Lee Swee Seng
12 September 2014 6. Justice Abdul Karim Abdul Jalil
7. Justice Kamaludin Md. Said
8. Justice Ahmad Nasfy Haji Yasin
9. Justice Teo Say Eng
10. Justice Rosilah Yop
11. Justice Hashim Hamzah
12. Justice Azizah Haji Nawawi
Judicial Commissioner 13 January 2014 1. Judicial Commissioner Lim Chong Fong
20 June 2014 2. Judicial Commissioner Azimah Omar
3. Judicial Commissioner Nordin Hassan
4. Judicial Commissioner Mat Zara’ ai Alias
5. Judicial Commissioner Azmi Ariffin
6. Judicial Commissioner Noorin Badaruddin
7. Judicial Commissioner Collin Lawrence Sequerah
8. Judicial Commissioner Wong Kian Kheong

2 July 2014 9. Judicial Commissioner Azizul Azmi Adnan

6 August 2014 10. Judicial Commissioner Mohamed Zaini Mazlan

13 October 2014 11. Judicial Commissioner Dr. Sabirin Ja'afar

12. Judicial Commissioner Dr. Choo Kah Sing

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The Yang di-Pertuan Agong Tuanku Abdul Halim

Mu’adzam Shah presenting the letter of appointment to
Justice Azahar Mohamed on the occasion of his elevation
as a Judge of the Federal Court at
Istana Negara on 12 September 2014

Appointment of Judges of the Court of Appeal at Istana Negara on 12 September 2014

(L-R: Justice Dr. Prasad Sandosham Abraham, Justice Ong Lam Kiat Vernon,
Justice Ahmadi Haji Asnawi, Justice Idrus Harun, Justice Dr. Badariah Sahamid, Justice Nallini
Pathmanathan, Justice Abdul Rahman Sebli)

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THE 48TH ANNUAL MEETING OF THE

COUNCIL OF JUDGES

Chief Justice Arifin Zakaria delivering his speech during the 48th Annual Meeting of the
Council of Judges held in Pulau Pinang

The Council of Judges of the superior courts, which The meeting of the Council is also a time of appraisal
consisted of the Federal Court, the Court of Appeal of performance of the Federal Court, Court of Appeal
and the two High Courts, is a collegiate of Judges and High Courts by the Registrars of the respective
constituted under section 17A (1) of the Courts of Court, in terms of case disposals for the previous year.
Judicature Act, 1964. The section provides that the The 48th Annual Meeting of the Council was held from
Chief Justice may convene the Council as and when he 12 – 15 March 2014 at Hotel Equatorial, Penang.
deems it necessary but so that there shall be at least
one meeting in each year. The theme for the 48th meeting of the Council was
“Strengthening the Judiciary”. In conjunction with
The annual meeting of the Council, commonly referred the theme, three major topics titled “Grounds of
to as the Annual Conference of Judges, serves as a Judgments: Quality and Speed”, “Case Management
platform for superior courts Judges in Malaysia to Protocol (Civil Cases) For the Purpose of Issuance of
gather in a congenial and relaxed atmosphere to discuss Practice Direction” and “Judiciary: Meeting Public
current issues/problems affecting the administration Expectation” were set down for discussion and
of the superior courts and to find common solutions for deliberation during the meeting.
their betterment and improvement. This is normally
achieved through presentation of papers, panel The first day of the meeting kicked off with an opening
discussions and even talks by eminent jurists/legal address by the Rt. Hon. Chief Justice Arifin Zakaria.
practitioners at the meeting. In his address the Chief Justice reminded the Judges

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that as the Courts are entrusted by the Federal all times and a high standard of professionalism in the
Constitution to be the final arbiters of any legal dispute carrying out of their judicial functions. In particular,
among citizens and between citizens and the State, it is he reminded Judges to be patient and maintain an
important that the Judiciary remains an independent even judicial temperament while on the bench, to be
institution that is free from any outside influence. In impartial and give a fair hearing to all parties who
this regard, the Chief Justice called upon all Judges appear before them and more importantly to deliver
of the superior courts to maintain a high level of their decisions and judgments without delay within
integrity both in their personal and judicial conduct at the prescribed eight weeks at the conclusion of a trial.

Judges during the 48th Annual Meeting of the Council of Judges held in Penang.

The opening address of the Chief Justice was followed Secretary to the JAC, on behalf of Justice Datuk
by a presentation of the minutes of the 47th meeting for Zainun Ali, FCJ, Chairperson of the Judges’ Salary
confirmation and a report and feedback on the progress Review Committee (who could not attend the meeting)
of implementation of the decisions taken at the said on the Committee’s proposals regarding the review
meeting by the Chief Registrar of the Federal Court. of Judges’ salary and pension. The Chief Justice
advised the Committee to emphasize in their proposal
Among the feedback given by the Chief Registrar paper that superior court Judges in Malaysia are not
included the recent amendment to the Judges members of the public service and their salary and
Remuneration Act to provide an exit clause for pension entitlements should not be tied up with those
superior court Judges below 60 years of age to opt to of senior public servants. Members of the superior
retire/resign from their respective post without having court Judges must be paid a decent level of salary
to lose their pension and gratuity entitlements (as was during their tenure of service and pension upon their
the case now) and the amendment is scheduled for retirement in order for the judiciary to be able to attract
implementation by the middle of 2014; on the review senior and experienced practicing lawyers to join the
by the Prime Minister’s Department of the protocol service and to ensure that Judges’ independence is not
list on precedence of Judges attending Federal official compromised by their worry over their lifestyle and
functions; and a briefing by Datuk Hamidah Khalid, standard of living after their retirement.

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The afternoon session of the first day’s meeting was their satisfaction with the performance of the superior
devoted to presentation on the performance of the courts for the preceding year.
superior courts for the previous year by the Registrar
of the respective Court. The reports took the form of This was followed by a separate session of the Federal
statistics of case disposals, in the case of the High and Court of Appeal Judges with the Chief Justice
Courts both of individual Judges and the Courts on a and the President of the Court of Appeal to revisit or
State by State basis. On the whole the Chief Justice review decisions made or matters discussed at the first
of Malaysia, President of the Court of Appeal and the meeting of the appellate courts at Pulai Spring Johore
Chief Judges of the respective High Courts expressed Bahru Johor in December 2013.

Judges of the Federal Court and Judges of the Court of Appeal participating in a discussion on “Pulai Springs Resort – Revisit”
during the 48th Annual Meeting of the Council of Judges held in Pulau Pinang.

The first day of the meeting ended with a night session not be constricted to a formatted judgment. In regard
on the topic titled “Grounds of Judgments: Quality to ‘quality judgment’ and ‘speed in writing judgment’,
and Speed” chaired by the Rt. Hon. Justice Md. Raus Judges were of the view that these two ideas cannot go
Sharif, President of the Court of Appeal, in which a hand in hand and often times they found themselves
panel of 3 Judges consisting of Justice Jeffrey Tan Kok sacrificing one for the other. This is especially true of
Wha, FCJ, Justice Mohamad Ariff Md Yusof, JCA and High Court Judges in the NCvC and NCC divisions,
Justice Hasnah Dato’ Mohammed Hashim, J, offered who are given a tight schedule of nine months to
guidance to newly appointed High Court Judges dispose their cases. It was suggested that in order
and Judicial Commissioners on judgment writing to alleviate the pressure faced by these Judges, a
skills. system of article-ship should be implemented in these
divisions where high-flyer final year law students from
There was a lively discourse and discussion among local universities with a good command of the English
the Judges after the presentation of the 3 Judges. language (identified by the Deans of the law schools)
The consensus among majority of the Judges was are attached to specific Judges as part of their practical
that judgment writing style is very much a personal training course to do research on any point of law and
preference and Judges of the superior courts should to prepare draft grounds of judgment for the Judges.

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The panelists discussing on “Grounds of Judgement: Quality and Speed”

(L-R): Justice Mohamad Ariff Md Yusof, Justice Md Raus Shariff, Justice Jeffrey Tan Kok Wha and
Justice Hasnah Dato’ Mohammed Hashim.

The second day of the meeting involved a discussion efforts taken by the judiciary to improve and/or further
and deliberation by Judges on the other two topics enhance public confidence in the independence of the
titled “Case Management Protocol (Civil Cases) for Courts in this country.
the Purpose of Issuance of Practice Direction” and
“Judiciary: Meeting Public Expectation”. Proposals and ideas of each discussion group were
then compiled and collated for presentation at the
In both sessions of discussions, Judges were divided plenary session of the meeting which took the whole of
into small groups with every group having a mix of the second day’s meeting.
Judges from every level of the superior courts and
chaired by a Federal Court Judge. The third and final day of the meeting involved a
summation and round-up by the Chief Justice, the
Judges were required to deliberate on the matters President of the Court of Appeal, the Chief Judge of
covered under the topics and to come up with the High Court of Malaya and High Court of Sabah and
suggestions and measures for their implementation. Sarawak on the outcome of the meeting. In particular,
the Office of the Chief Registrar was requested to
The two topics selected for discussion at this meeting look into and study the various recommendations and
fit in very well with the theme of the meeting which measures made by Judges in the meeting with a view
was “enhancing the judiciary”. The objective of having to their implementation in the coming year.
a new practice direction on case management protocol
in civil cases is part of the continuing efforts taken by The 48th meeting of the Council of Judges was formally
the Malaysian Judiciary to further strengthen and closed by the Chief Justice of Malaysia. In his closing
improve the administration of justice in this country; remark, while acknowledging the achievements of
while the idea of coming up with measures to meet the superior court Judges in the past year in terms
public expectation in the Judiciary is also part of the of disposal of cases and clearing of backlogs, the

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Justice Zulkefli Ahmad Makinudin with the Judges of the High Court during group discussion on
“Case Management Protocol (Civil Cases) – For the Purpose of Issuance of Practice Direction”

Chief Justice reminded them that high demand On that note, the Chief Justice brought the
and expectation of the public in the courts means 48th meeting to a close, and thanked Judges for
that Judges cannot afford to rest on their laurels their active participation in the meeting. His
but must continue to strive for excellence, especially Lordship also thanked the Chief Registrar and his
by enhancing their knowledge on new areas of law organizing committee for having organized a successful
and acquiring new management skill such as in meeting.
court administration so as to better manage their
courts.

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SECOND MEETING OF THE FEDERAL COURT AND THE

COURT OF APPEAL JUDGES - 2014

Chief Justice Arifin Zakaria leading a discussion during the Meeting.

Justice Zulkefli Ahmad Makinudin, Chief Justice Arifin Zakaria, Justice Md Raus Sharif, Justice Richard Malanjum

The second meeting of the Federal Court and the Court 10 Judges of the Federal Court and 23 Judges of the
of Appeal Judges (“the Council of Appellate Judges”) Court of Appeal.
organised by the Judicial Appointments Commission
(JAC), was held on 6-8 December 2014 at Hotel Seri The meeting was preceded by a dinner for the Judges
Malaysia, Kangar Perlis. on 6 December hosted by his Royal Highness Tuanku
Syed Sirajuddin Ibni Almarhum Tuanku Syed Putra
This meeting was a follow-up to the first meeting of Jamalullail, the Raja of Perlis and his Consort,
the Council held on 15-18 December 2013 in Pulai Tuanku Tengku Fauziah Tengku Abdul Rashid, the
Springs, Johor Bahru. Raja Perempuan of Perlis at the Istana Arau, Perlis.
Their Royal Highnesses were gracious hosts and the
The 2013 Annual Report of the JAC stated that the Judges had a very pleasant evening at the dinner.
“aim of the meeting was to discuss measures needed to
improve the management and administrative systems In his opening address to the Judges at the
of the Federal Court and Court of Appeal”. commencement of the meeting on 7 December morning,
the Chief Justice explained that the objective of this
The second meeting was chaired by the Rt. Hon. Chief meeting was to consider the progress made in the
Justice Arifin Zakaria, Chief Justice of Malaysia, and implementation of decisions taken at the first meeting
was attended by the Rt. Hon. Justice Md. Raus Sharif, and to discuss any current issue or problem affecting
President of the Court of Appeal, the Rt. Hon. Justice the administration of the Appellate Courts in the year
Zulkefli Ahmad Makinudin, Chief Judge of Malaya, 2014 and where necessary to find solutions to alleviate
the Rt. Hon. Justice Richard Malanjum, Chief Judge of these issues.
Sabah and Sarawak and 33 other Judges comprising

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Participants of the Meeting of the Federal Court and the Court of Appeal Judges at Seri Malaysia Hotel, Kangar, Perlis
(L-R): Justice Abu Samah Nordin, Justice Azahar Mohamed, Justice Linton Albert and Justice
Alizatul Khair Osman Khairuddin

The meeting began with a feedback and report by The meeting then proceeded with a short briefing by
Datuk Hamidah Khalid, Secretary to the JAC, on the the Rt. Hon. Justice Md. Raus Sharif, President of
progress in the implementation of decisions taken the Court of Appeal, on the performance of the Court
and matters discussed at the first meeting at Pulai of Appeal for 2014. The statistics presented by His
Springs, Johor Bahru. Lordship indicated that almost 98% of the appeals
and other miscellaneous applications registered at the
This was followed by a short discussion of a paper Court of Appeal from January-December 2014 have
presented by Justice Zaharah Ibrahim, JCA, titled been disposed of. The Chief Justice congratulated
“Consent of the President of the Court of Appeal for the Judges of the Court of Appeal for their sterling
Dissenting Judgment in Criminal Appeal or Matter performance and advised them to keep up the good work.
Required?”

Justice Zaharah Ibrahim explained that the brief The meeting continued with a presentation by
paper is to invite discussion on the interpretation of Justice Nallini Pathmanathan, JCA, sharing the
section 62(2) of the Courts of Judicature Act 1964, words of wisdom in a book entitled “The Appellate
whether before a decision which is not unanimous Craft” written by J.E. Cote, a Justice of the Courts
in a criminal appeal or matter is to be delivered, the of Appeal of Alberta, the Northwest Territories and
consent of the President of the Court of Appeal must Nunavut, which is available on the internet. The
be obtained or should the President first be notified. book is intended to serve as a manual or guide for new
appellate Judges in Alberta, in what Justice J.E. Cote
After some discussion, the meeting concluded that described as “court crafts” in every aspect of appellate
subsection 62(2) of the Courts of Judicature Act as judging. Justice Nallini informed the meeting that
presently worded requires the consent of the President while not all the “court crafts” recommended in the
of the Court of Appeal be obtained before a split book are suitable or practicable for implementation
decision in a criminal matter is to be delivered. in the appellate courts in this country, she personally

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finds that some of the “court crafts” to be insightful The meeting agreed that the only solution to the
and helpful for our Judges. precedence issue is for superior court Judges to sit
together at all Federal and State official functions.
The Chief Justice thanked Justice Nallini and The Chief Registrar’s Office was requested to discuss
requested the JAC to make available a copy of the book this matter with the Protocol Division of the Prime
as reading materials for each Appellate Court Judge. Minister’s Department and to report back at the next
meeting.
The final business of the day was a discussion on the
new revised Federal Order of Precedence published In closing the meeting on the morning of 8 December
on 13 November 2014 (P.U.(B) 506) on seating 2014, the Rt. Hon. Chief Justice Arifin Zakaria, thanked
arrangement of superior court Judges during Federal all the Judges present for their active participation in
official functions. The Council of Judges took the the meeting. He also announced that meetings of the
position that while the new Order was an improvement Federal Court and Court of Appeal Judges will from
over the 1998 Order, it still nevertheless does not truly now on be held on an annual basis, with at least one
reflect the position of superior court Judges as members meeting a year.
of the third branch of the Federal Government when
attending these functions.

Participants of the Second Meeting of the Federal Court and the Court of Appeal Judges at Seri Malaysia Hotel, Kangar, Perlis
(L-R): Justice Dr Prasad Sandosham Abraham, Justice Vernon Ong Lam Kiat, Justice Idrus Harun and
Justice Varghese George Varughese

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Sunlight filtering in through the corridor at the Penang High Court

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 A JUDGE’S MUSINGS

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His Majesty’s Tigers Under the Throne

Vale!

Iudices Malasiani-

Moritus Te Saluto!

Since this is the valediction of a long retired judge,

the salute of the Roman Gladiators is given before
engaging with the challenges which now confront us.
They have arisen in the aftermath of some decisions
and impinge on all the participants involved since
our present problems have their genesis in our
past acts and omissions.

Verily the law of cause and effect can be inexorable.

Retired judges too suffer the pain because our
reputations do not merely expire with our mortal
By Dato’ Mahadev Shankar coils but will survive in the institution which we
(Former Judge of the Court of Appeal) served.

Its character is invariably judged by the

Dato’ Mahadev Shankar is a misdemeanours of its miscreants rather than the
former Judge of the Malaysian good deeds of its peers.
Court of Appeal. He was born in
Kuala Lumpur and an alumnus of Could this situation have been avoided or at least
Jalan Pasar School and Victoria so vastly minimised, that any shortfall in standards
Institution. Dato’ Shankar is a would have been regarded by society as a minor
barrister of the Inner Temple and aberration, which did not affect public confidence
was admitted and enrolled as an in the system?
Advocate and Solicitor of the High
Court of Malaya in 1956. He was in The Gold Standard of what lawyers and Judges
legal practice with Shearn Delamore should be, was laid down in 1957 by the Lord
& Company until 1983. He was then Chancellor Viscount Kilmuir when he joined us as
elevated to the High Court Bench. the Queen’s representative to celebrate Merdeka.
While on the High Court Bench, he His speeches to the Bar, the Bench and the fledgling
served the states of Johor, Selangor graduands of the Law faculty of the University of
and Kuala Lumpur. Dato’ Shankar Malaya, have been recorded for posterity in the
was elevated to the Court of Appeal [1957] M.L.J.pp liv-lxii.
in 1994. After retirement, Dato’
Shankar was appointed a legal We subsequently matured to International dimensions
consultant with Zaid Ibrahim & Co. in the three decades that followed.

Viscount Kilmuir not only emphasized the

paramountcy of the Rule of Law but also what
we should do to achieve it.

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Repeatedly he hammered home the double duty My greatest challenge was to satisfy the losing
and loyalty of the lawyer not only to his client party that he has had a fair and impartial hearing
but also to the Court. And most significantly he and to convince him that he deserved to lose but
demonstrated how democracy would surely perish if at the same time had allowed him to leave the
the State and the Bar lost confidence in each other. Court with his dignity intact.
Lawyers had to be courageous in advancing the
interests of their clients, and judges had to give I did not always succeed but it was very gratifying
a fair and impartial hearing followed promptly to have a litigant come up to me years later to
with a reasoned judgement based strictly on the thank me for pointing out where he had fumbled.
evidence adduced. Hence my 1983 prescription, that throughout the
trial, all Judges should have a placard, “LISTEN”
As prosecutors and defence counsel are also officers placed in front of them.
of the court, they too share a collective responsibility
to provide meaningful assistance to ensure that The imbroglios which now bedevil us have forced
justice is not only done but seen to be done. upon me a realization that much more is required
to sustain public confidence than a mere formal
My elevation to the Bench is recorded in the [1983] adherence to the rules of natural justice, an impartial
2 M.L.J.pp cix-cxvi. hearing, and a prompt reasoned judgment.

That ceremony coincided with the abolition of all A proper understanding of the Constitution and
appeals to the Privy Council. Thus did we come the Rule of Law must come with an unwavering
of age. commitment to the judicial oath and a full
comprehension of its implications.
The requirements of conduct and etiquette at the
Bench and Bar were again adumbrated by the then It requires each of us Judges that we “will faithfully
Attorney General Tan Sri Abu Talib [as he now is] discharge the judicial duties of that office to
and the late Mr. Sivasubramaniam the Chairman the best of our ability, that we will bear true
of the Bar Council. faith and allegiance to Malaysia, and will
preserve, protect and defend its Constitution.¹”
Looking forward that day into the future, I quoted
J.F.Kennedy: The writ issued by the Chief Justice summoning
the subject to the court is in the name and on
“... And when at some future date the behalf of our Sovereign. We receive our Watikah
High Court of History sits in judgment or Letters Patent not from the Prime Minister,
on each of us, recording whether in but our Sovereign.
our brief span of service, we fulfilled
our responsibilities to the State, our JUDGES are therefore His Majesty’s Tigers under
success or failure in whatever office we the Throne.
held will be measured by the answers
to four questions: It falls upon us to preserve the security of the
Rulers and the integrity of the Nation by ensuring
First were we truly men of courage; that the three components of Democracy i.e. the
Second were we truly men of judgment; State, the Rule of Law and Accountability are in
Thirdly were we truly men of integrity? dynamic equilibrium.
Finally were we truly men of dedication?”
The State can only command the loyalty of its
Since then I thought I had fulfilled my judicial subjects if it provides the resources for the due
duties by dealing with every relevant point made administration of justice and makes itself visibly
by the losing party because I wanted him to know compliant with the laws of the land. The Rule of
why I decided against him. Law can only be so respected if it applies equally
to all including the State’s functionaries.

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Justice Mahadev Shankar in a scarlet robe

Accountability means that any exercise of power So let us once again remind ourselves that the
to be legitimate must be transparently exercised Federal Constitution is the Supreme Law of the
within the ambits which govern its exercise. land and any law which is inconsistent with it
shall to the extent of such inconsistency, be void
For an in-depth understanding of the subject see and should therefore be struck down.
“Rule of Law Unlocked” by Sir John Laws
September 2010: Reproduced in Pegasus, the journal Article 8(1) and (2) alone should suffice to keep in
of the Inner Temple Alumni. And Lord Bingham’s the forefront of our minds the underpinnings of the
address to the Royal Society is available on you- Rule of Law we have to breathe life into when we
tube at the website do justice. Lest we forget they read:

https://www.youtube.com/watch?v=XlMCCGD2TeM
Article 8
or the valedictory address of Mr. Paul Shieh the
outgoing Chairman of the Hong Kong Bar in the
Equality
link:
(1) All persons are equal before the law and
https://www.youtube.com/watch?v=_ZDpHqEZvvI
entitled to the equal protection of the law.
However eloquent our laws and however erudite
our judgments, they will be lifeless unless they
(2) Except as expressly authorised by this
are imbued with Integrity, Justice and Fairness.
Constitution, there shall be no discrimination
Which is why my prescription today is that all
against citizens on the ground only of religion,
judges should have a brass plate in front of them
race, descent, place of birth or gender in any
engraved not just with their name but also with
law or in the appointment to any office or
their judicial oath.
employment under a public authority or in
Kilmuir’s dire warning that, “Democracy will perish” the administration of any law relating to the
is predicated on the death of the Rule of Law and acquisition, holding or disposition of property
the consequent loss of faith of the community in or the establishing or carrying on of any trade,
access to justice and equality before the law. business, profession, vocation or employment.
Should there be any situation where a Judge, by

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reason of some personal or religious scruples, feels The bifurcation of the original jurisdiction of the
unable to apply the law as it stands, he must High Court which has resulted from some judges
recuse himself. declining jurisdiction even when only a subsidiary
issue of Islamic law was involved, has had a
This dilemma is not new to conscientious judges the negative effect on our aspirations for national
world over. The invidious situation in which Lord integration and also diluted respect for the Sanctity
Hoffman found himself in the Pinochet extradition and Supremacy of the Constitution in all spheres
appeal is one very recent example where the House of our public and private lives.
of Lords had to re-constitute itself to rehear a
decision which had to be invalidated by reason of I write this for the earnest consideration of my
a mere perception of possible bias. brother judges who walked with me and those who
have come after me, in the hope that we may do
More to the point is Schneiderman v United States better in the task we have taken upon ourselves.
[1943] where Chief Justice Felix Frankfurther wrote I had become a judge when the Malaysian judiciary
his most agonized opinions ever, wrestling with the was about to enter its most turbulent years. It was
edicts of his Jewish faith and his obligations to the after the decision in Berthelsen2 by Justice Eusoffe
Constitutional oath he had taken: see Scorpions Abdoolcader that we saw the removal of Judicial
by Noah Feldman [2-1-] pp226 et seq and esp. power from the Constitution and the Executive
at 229].1 attempts to limit the role of the Courts to doing
only what was legislated in Parliament.
Such a dilemma may have caused one learned
Judge to decline jurisdiction because he thought This is the purported effect of the amendment to
that the matter was wholly in the purview of the Article 121 which left at large what the Court
Syariah Courts notwithstanding that his Court was should do in cases where the statute was silent,
the only one with could grant her relief because imprecise or ambiguous. This is where the ‘common
as a non- Muslim she had no right of audience in law” comes into its own and binding precedent gives
the Syariah Court. certainty to legitimacy in public affairs.

Ubi jus ibi remedium-Where there is a right there Once again the point is whether we should re-visit
must be a remedy. Sarwari a/p Ainuddin v. the wisdom of these amendments and restore the
Abdul Aziz a/l Ainudddin [2000] 5 MJL 391 and status quo ante.
Sarwari a/p Ainuddin v. Abdul Aziz a/l Ainuddin
(No. 2) [2001] 6 MLJ 737 specifically dealt with Whether a law should be perpetuated or repealed
the Jurisdiction of the High Court with regards to depends on how it has worked out in practice and
issues of Islamic law. I was the presiding judge. whether circumstances have so changed that the
On appeal it was urged that notwithstanding the law is outdated.
preliminary written submission of both parties to
my jurisdiction, my decision was void because the It is arguable that Article 121 as it is now stands
dispute involved an issue of Islamic law. I was the has eroded the public perception of the independence
presiding judge. of the Judiciary.

I held that the Court had jurisdiction unless the In its defence I refer to Section 114 (e) of the
entire case only concerned issues of Islamic law Evidence Act that there is a presumption that all
but that in cases where both civil and Islamic Official acts are regularly performed.
issues had to be decided, the Court could proceed
but must obtain expert evidence on what Islamic A disgruntled public should at least give the benefit
law required and decide accordingly. of the doubt that the judges have performed their
tasks conscientiously, in good faith and to the best
The decision does not appear to have received the of their ability.
attention it deserves.

1
[2010 [published by 12 Hatchett Book Group New York ISBN 978-0-446-58057-1
2 [1987] 1 MLJ 134

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A very telling story is what happened to Tun Suffian That is not to say the Federal Court is infallible.
and his very first judgments as a High Court Judge. No judge worthy of his salt will have the temerity
An appeal was lodged and the appellate court which to make such a claim and in defence of the Federal
sat in Penang reversed Suffian’s judgment. Court judges and the Chief Justice who have to
preserve a dignified silence, let me say that for
The latter was very chagrined and waited in the them.
Chief Justice’s Chambers on the following Monday
morning, to complain. As a judge I was always relieved when I was
reversed on Appeal in Criminal cases and even
Sir Charles Matthew pre-empted Suffian as soon more so in capital cases.
as he saw him and said, “That was a very fine
judgement you wrote Suff.” With all the sedition summons flying around
nowadays at the cheep of a tweet, let me also echo
Suffian heatedly retorted, “BUT YOU SAID I WAS Lord Denning when he responded to some harsh
WRONG!!: public criticism that, “justice is not a cloistered
virtue.”
“We did not say you were wrong Suff. We only said
we did not agree with you, that is all.” To impute malice or dishonesty to a Judge would
certainly be an actionable contempt, but bona
In between these lines is hidden the mystique of fide criticism of a judgment is the right of any
the law. concerned citizen.

Judges are only human and what they are obliged In cases where I had convicted but still felt a
to do as far as their faculties extend, is to look at lingering doubt about the correctness of what I
the evidence, decide what facts have been proved, had done because of some fresh material, I have
and whether those facts point conclusively establish immediately sought the intervention of my superiors.
the right to the relief sought.
In capital cases there is a specific section in the
“Proof” as the Evidence Act stipulates, is such Criminal Procedure Code requiring me to certify
evidence of a fact as would lead a reasonable man whether the sentence should be carried out.
to act on the supposition that it exists.
Judges in the lower courts have this escape route.
This is not a process of divination. God alone sees The Apex Judges have to suffer all the angst of
all and He needs no proof because he also knows second thoughts and hope for remedial action in
all. Judges like other human beings only have a other aspects of the social process.
partial view and their perception of what has been
proved is derived by a process of ratiocination. So Only a very myopic judge will believe that judicial
he must tell the world what facts he found proved immunity will protect him from things done
and how he deduced from those facts his conclusion unconscionably.
as to the guilt [or otherwise] of the Accused or his
finding of liability in a civil dispute. Walls have ears, handphone has eyes and phone
calls and emails are no longer insulated from
That finding is only his judicial OPINION which hackers. The private lives of public figures are
is only as good as the reasoning which impelled it. especially vulnerable.
Thus two reasonable men may arrive at different
conclusions on the same evidence.
CONCLUSION.
Our legal system gives precedence to the judges
in the Appellate Courts because they have the Today we have 121 judges in the Superior Courts
benefit of detachment from the rough and tumble and 293 judges in the Lower Courts.
of the trial court and a second look at the same
evidence. In the case of the Apex court the process Our Staff overall numbers 4,952.
is repeated for the third time.

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Year upon year the Judiciary disposed of thousands There is another story which Suffian told me about.
of cases including those in the lower courts. An Indonesian Chief Justice who had retired with
an impeccable track record came to Suffian as a
We are a thriving institution which fills an essential house guest after his retirement.
social need in preserving the fabric of our society
as a democracy. When Suffian asked him how is retirement, the ex
Chief Justice replied
A few high profile cases have admittedly resulted in
a barrage of negative criticisms but I am optimistic “Tidor Bagus!”
that under the current stewardship of the Chief
Justice, and his judges we can weather the storm. Those of us who would turn philosophical, could
There are priceless compensations for the work we also ponder what the poet T.S.Eliot said about those
have done in line with and beyond the call of duty. who in their dotage reflected that they could have
The respect that a good judge will earn from the done better if they were given a second chance.
community is enduring and eternal. And only for
him at the end of the road awaits the peace that
passeth all understanding.

“Since our concern was speech, and speech impelled us

To purify the dialect of the tribe
And urge the mind to aftersight and foresight,
Let me disclose the gifts reserved for age
To set a crown upon your lifetime’s effort.
First, the cold friction of expiring sense
Without enchantment, offering no promise
But bitter tastelessness of shadow fruit
As body and soul begin to fall asunder.
Second, the conscious impotence of rage
At human folly, and the laceration
Of laughter at what ceases to amuse.
And last, the rending pain of re-enactment
Of all that you have done, and been; the shame
Of motives late revealed, and the awareness
Of things ill done and done to others’ harm
Which once you took for exercise of virtue.
Then fools’ approval stings, and honour stains.
From wrong to wrong the exasperated spirit
Proceeds, unless restored by that refining fire
Where you must move in measure, like a dancer.’
The day was breaking. In the disfigured street
He left me, with a kind of valediction,
And faded on the blowing of the horn.”³

Mahadev Shankar

³T.S.ELIOT- FOUR QUARTETS-

FROM LITTLE GIDDING ii.4

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RETIRED JUDGES

Tan Sri Zaleha Zahari

Tan Sri Zaleha Zahari was born on 30.11.1948 in Kajang, Selangor. She read law at the
Middle Temple, Inns of Court, London and obtained her Degree of the Utter Bar in 1971.
She also holds a certificate of legal drafting from the University of London.

Tan Sri Zaleha Zahari spent 22 years in the Judicial and Legal Services where she held
various posts, such as Magistrate, Senior Assistant Registrar of the High Court of Malaya,
Federal Counsel, Deputy Public Prosecutor, Legal Advisor of the Ministry of Education
and the Economic Planning Unit, Prime Minister’s Department, Legal Advisor of the
Ministry of Home Affairs and Head of the Civil Division, Attorney General’s Chambers.

On 1.1.1994, Tan Sri Zaleha Zahari was appointed as a Judicial Commissioner of the High Court of Malaya. She
was elevated as a Judge of the High Court of Malaya on 01.12.1995 and served in Kuala Lumpur, Pulau Pinang
and Selangor. On 17.6.2005, she was elevated as a Judge of the Court of Appeal and subsequently as a Judge
of the Federal Court on 4.4.2012. She retired on 30.11.2014.

Tan Sri Zaleha Zahari was also appointed as a member of the “”Suruhanjaya Khas Penambahbaikkan
Pengurusan Polis Di Raja Malaysia” in 2001.

Known as a woman of few words, she nevertheless commanded the respect of those who appeared before her.
Firm and fair in her decisions, Tan Sri Zaleha Zahari has written numerous judgments in diverse areas of the
law.

Datuk Abdul Malik Ishak

Datuk Abdul Malik Ishak was born on 16.6.1948 in Skudai, Johor Bahru. He read law
at the University of Singapore and obtained his degree of Bachelor of law (Honours) in
1974. He was also awarded a certificate of attendance from the University of Illinois,
Chicago, USA in 1978. He was then admitted as an Advocate and Solicitor of the High
Court of Borneo at Sabah in 1983 and as an Advocate and Solicitor of the High Court of
Malaya in 1984.

Upon graduation, Datuk Abdul Malik Ishak joined the judicial and legal service where he served in various
capacities, inter alia, as Magistrate, Deputy Director, Legal Aid Bureau in Melaka, Muar, Segamat and
Seremban, Senior Federal Counsel cum Senior Deputy Public Prosecutor in Kota Kinabalu Sabah, State Legal
Adviser of Kedah and Perlis and Chairman of the Advisory Board, Prime Minister’s Department, Kuala Lumpur.

On 1.10.1992, Datuk Abdul Malik Ishak was appointed as a Judicial Commissioner and subsequently elevated
as a Judge of the High Court of Malaya on 17.8.1994. On 18.7.2007, he was elevated as a Judge of the Court of
Appeal. He retired on 16.6.2014.

One of the longest serving judges in the judiciary, Datuk Malik Ishak was renowned for his industry and passion
for the law. The law reports are replete with his judgments and it would be fair to say that Datuk Malik has
contributed significantly to the development of the law in the country.

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Dato’ Anantham Kasinather

Dato’ Anantham Kasinather was born in Penang on 30.5.1948. He pursued his early
education in Bukit Mertajam. He then completed his Secondary Education in English
College Johor Bharu (Maktab Sultan Abu Bakar) and Victoria Institution in Kuala
Lumpur before proceeding to Singapore.

In 1968, Dato’ Anantham Kasinather commenced his law studies at the University
of Singapore (now known as the National University of Singapore) and obtained his
degree of Bachelor of Laws in 1972. He practiced law for some 38 years with Messrs.
Skrine & Co. after being admitted to the Malaysian Bar in November 1972. He was
also admitted to the Singapore Bar in 2002.

Dato’ Anantham Kasinather was a prominent member of the local commercial Bar during his years of practice.
He was cited as a leading shipping practitioner in Malaysia in several editions of the Asia Pacific Legal 500. He
was also cited as one of the three leading Commercial Litigators in Malaysia in the International Who’s Who of
Business Lawyers in its 2002 and 2003 Edition. He had delivered papers internationally on various aspects of
commercial law.

On 14.8.2009, Dato’ Anantham Kasinather was appointed as a Judicial Commissioner and subsequently elevated
as a Judge of the High Court of Malaya on 9.8.2010. On 11.8.2011, he was elevated as a Judge of the Court of
Appeal. He retired on 30.5.2014.

With his vast experience in commercial law, Dato’ Anantham Kasinather was able to adjudicate and dispose
of complex commercial cases expeditiously and proficiently, thus contributing significantly to the success of the
new commercial courts.

Dato’ Anantham Kasinather has also written several illuminating judgments in this area of the law in the
course of his tenure on the Bench.

Dato’ Zainal Adzam Abd. Ghani

Dato’ Zainal Adzam Abd. Ghani was born on 20.10.1948 in Batu Gajah, Perak. He
holds a Bachelor of Laws (Honours) from the University of Malaya.

Upon graduation, Dato’ Zainal Adzam Abd. Ghani joined the Judicial and Legal Service
and was appointed to various positions, such as Magistrate, Legal Advisor of the
Ministry of Housing and Local Government, Head of the Commercial Crime Division,
Attorney General’s Chambers, and State Legal Adviser of Johor. He was seconded as
the Company Secretary of Putrajaya Holdings before being appointed as a Judicial
Commissioner of the High Court of Malaya on 1.5.2003. He was subsequently elevated
as a Judge of the High Court of Malaya on 21.12.2004 and served in Kedah and Perak.
He retired on 26.10.2014.

Dato’ Zainal Adzam was well liked by the legal fraternity as they found him to be pleasant and courteous on the
Bench.

Never one to raise his voice, Dato’ Zainal Adzam nevertheless expects counsel to observe the proper etiquette
and conduct themselves professionally whenever they appear before him.

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Tuan Sangau Gunting

Tuan Sangau Gunting was born on 24.12.1950 in Ranau, Sabah. He graduated from
the University of Malaya with a degree of Bachelor of Laws (Honours) in 1978.

In 1982, Tuan Sangau Gunting joined the Judicial and Legal Services and served in
various capacities, such as Magistrate, Deputy Registrar of the High Court, Sessions
Court Judge, Deputy Public Trustee and President of the Industrial Court.

On 1.5.2003, Tuan Sangau Gunting was appointed as a Judicial Commissioner of the

High Court of Sabah and Sarawak. He was subsequently elevated as a Judge of the
High Court of Sabah and Sarawak on 21.12.2004. He retired on 20.5.2014.

One of the first East Malaysian graduates of the University of Malaya, Law Faculty to be appointed as a Judge,
Tuan Sangau Gunting went about dispensing justice in his own quiet and unassuming style in the High Court
of Sabah and Sarawak where he spent the greater part of his judicial career.

Datuk Noor Azian Shaari

Datuk Noor Azian Shaari was born on 8.7.1948 in Kuala Kangsar, Perak. She graduated
as a Barister at Law from the Lincoln’s Inn, London in 1971.

Upon graduation, Datuk Noor Azian Shaari joined the Judicial and Legal Services
and served in various positions, including as Magistrate, Senior Assistant Registrar in
the High Court of Malaya, President of the Sessions Court, Federal Counsel, Public
Trustee Department, Deputy Director General of the Legal Aid Bureau, Treasury
Solicitor, Ministry of Finance Deputy Head of the Civil Division, Attorney General’s
Chambers, Director General of the Judicial and Legal Training Institute (ILKAP),
Chairman of the Special Commissioners of Income Tax and Chairman of the Tribunal
for Consumer Claims at the Ministry of Domestic Trade and Consumer Affairs.

On 1.9.2005, Datuk Noor Azian Shaari was appointed as a Judicial Commissioner of the High Court of Malaya
in Kuala Lumpur. On 5.9.2007, she was elevated as a Judge of the High Court of Malaya and served in Kuala
Lumpur and Selangor. She retired on 8.7.2014.

With her no nonsense and uncompromising style, Datuk Noor Azian Shaari was a formidable figure on the
Bench. In the course of adjudicating however Datuk Noor Azian Shaari always strives to temper justice with
mercy so that litigants will leave her court knowing that they have received a fair hearing.

Dato’ Dr. Hassan Ab. Rahman

Dato’ Dr. Hassan Ab. Rahman was born on 16.6.1954 in Kota Bharu, Kelantan. He
graduated from the University of Malaya with a degree of Bachelor of Laws (Honours)
in 1980 and a Master in Comparative laws from the International Islamic University
Malaysia in 1990. He also obtained Diploma in Qur’anic Studies (Honours) from the
Institut Pengajian Ilmu-Ilmu Islam (IPI) in 1995 and Certificate in Syariah Studies
from the University of Malaya in 1996. In 2005, he obtained his PHD in Comparative
Laws from the University of Malaya.

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Dato’ Dr. Hassan Ab. Rahman served in the Judicial and Legal Services in various capacities, including as
Magistrate, Senior Federal Counsel at the Attorney General’s Chambers, Sessions Court Judge, Senior Federal
Counsel in the Advisory Division (Syariah), Attorney General’s Chambers, Deputy Head of the Advisory Division
(Syariah Section), Attorney General’s Chambers and Director General of the Legal Aid Bureau.

On 5.1.2009, Dato’ Dr. Hassan Ab. Rahman was appointed as a Judicial Commissioner of the High Court of
Malaya. He retired on 5.1.2014.

A gentle and soft spoken man, Dato’ Dr. Hassan brought a spiritual dimension to his role as a Judge. A deeply
religious man, Dato’ Dr. Hassan would always ensure that in dispensing justice, he did so in accordance with
deeply entrenched principles of law and equity.

Puan Choong Siew Khim

Puan Choong Siew Khim was born on 25.11.1955 in Batu Gajah, Perak. She graduated
from the University of Malaya with a degree of Bachelor of Laws (Honours) in 1980.

In 1980, Puan Choong Siew Khim joined the Judicial and Legal Services and served as
Magistrate, Senior Assistant Registrar of the High Court of Malaya, Sessions Court
Judge, President of the Industrial Court and Chairman of the Legal Professional
Qualifying Board, Malaysia.

On 14.8.2009, Puan Choong Siew Khim was appointed as a Judicial Commissioner of

the High Court of Malaya. She opted for an early retirement in 2014.

Although Puan Choong Siew Khim’s tenure as Judicial Commissioner was brief, she was nevertheless highly
regarded and well-liked by her peers and members of the legal profession. She carried out her duties efficiently
and professionally and wrote numerous judgments in various areas of the law.

Puan Nurmala Salim

Puan Nurmala Salim was born on 20.9.1958 in Parit, Perak. She holds a degree of
Bachelor of Laws (Honours) from the University of Malaya.

In 1982, Puan Nurmala Salim joined the Judicial and Legal Services and served in
various posts, including, Legal Officer in the Attorney General’s Chambers, Federal
Counsel at the Ministry of Public Enterprises, Sessions Court Judge and Legal Officer
of the Parole Board, Ministry of Home Affairs.

On 14.8.2009, Puan Nurmala Salim was appointed as a Judicial Commissioner of the

High Court of Malaya. She opted for an early retirement in 2014.

Puan Nurmala Salim carried out her judicial duties quietly and competently, earning the respect of the Bar and
other members of the legal profession. Although her tenure as Judicial Commissioner was fairly brief, Puan
Nurmala Salim managed to write several insightful judgments on various aspects of the law.

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JUDGES IN REMEMBRANCE
THE LATE TENGKU DATO’ BAHARUDIN SHAH TENGKU MAHMUD

The Late Tengku Dato’ Baharudin was born in the served in the High Courts of Kelantan and Pahang
district of Pekan, Pahang on 30 May 1945. His Lordship during his tenure as a High Court Judge.
was a Barrister-at-Law from the Middle Temple. After
graduating in September 1969, his Lordship joined the In 2003, his Lordship was elevated to the Court of
Judicial and Legal Service. Appeal. His Lordship retired at the age of 66 in May 2011.

The late Tengku Dato’ Baharudin began his judicial Tengku Dato’ Baharudin passed away on 24 December
journey as a Magistrate and subsequently went on 2014. Tengku Dato' Baharudin was married to Datin
to hold a number of posts during his career, amongst Rukiah binti Hassan and there are five children of the
others, Senior Assistant Registrar of the High Court marriage.
of Malaya, Deputy Director of the Legal Aid Bureau
(now Legal Aid Department), Deputy Registrar of His Lordship will always be remembered for his calm
Companies, Official Assignee and Legal Advisor to the disposition and patience while on the Bench. His
state of Pahang. Lordship’s passing was greatly felt by his sister and
brother judges and members of the Bar who truly
His Lordship was appointed as a Judicial Commissioner appreciated his Lordship’s gentleness and warmth.
in 1994 and elevated to the High Court bench in His Lordship is one of the few colleagues every judge
January 1996. The late Tengku Dato’ Baharudin will remember with fondness and affection.

Appointment of the late Tengku Dato’ Baharudin Shah Tengku Mahmud

as a Court of Appeal Judge.

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The Late Tengku Dato’ Baharudin Shah Tengku Mahmud at the appointment of Federal Court and Court of Appeal Judges at
Istana Negara in 2003.

(L-R: The late Datuk Seri S. Augustine Paul, Dato’ Bentara Istana Dato’ Nik Hashim Nik Abdul Rahman, the late Tengku Dato’
Baharudin Shah Tengku Mahmud and the late Datuk Arifin Jaka)

Duli Yang Maha Mulia Tuanku Syed Sirajuddin Ibni Al-Marhum Tuanku Syed Putra Jamalullail with newly appointed Judges
of the Federal Court and Court of Appeal at Istana Negara in 2003.
(3rd from left is the late Tengku Dato’ Baharudin Shah Tengku Mahmud)

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THE LATE DATO’ HINSHAWATI SHARIFF

The late Dato’ Hinshawati Shariff was born on as the State Legal Advisor of Negeri Sembilan and
8 March 1955 in Penang. She read law at the Penang.
University of Malaya and graduated with an honours
Degree in Bachelor of Laws. In 1994, her Ladyship Her Ladyship was appointed as a Judicial
earned her Master of Laws from University College Commissioner in 2007. She was elevated as a
London. High Court Judge on 14 April 2010 and served
in the High Court of Malaya in Shah Alam.
The late Dato’ Hinshawati joined the Judicial and Dato’ Hinshawati passed away on 22 October
Legal Service in 1979 and held various posts such 2014 at the age of 59. She is survived by two
as Magistrate in Kuala Lumpur, Senior Assistant children.
Registrar in the Penang High Court, Deputy
Public Prosecutor in Johor as well as Senior The late Dato’ Hinshawati was fondly remembered
Federal Counsel of the Inland Revenue Board of by her colleagues and friends as one with a pleasant
Malaysia. Prior to her appointment as a Judicial personality and quirky sense of humour. Her demise
Commissioner in August 2007, her Ladyship served was greatly felt by her colleagues and friends alike.

The late Dato’ Hinshawati Shariff sharing a light moment The late Dato’ Hinshawati Shariff.
with Tan Sri Dr. Koh Tsu Koon (former Chief Minister of (1955-2014)
Penang) and Tun Dato’ Seri Utama (Dr.) Haji Abdul Rahman
Haji Abbas (the Penang State Governor).

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REMEMBERING
THE LATE TAN SRI DATUK AMAR CHONG SIEW FAI
(FORMER CHIEF JUDGE OF SABAH AND SARAWAK)

The late Tan Sri Datuk Amar Chong Siew Fai

in a scarlet robe

Tan Sri Datuk Amar Chong Siew Fai (1935-2006) Tan Sri Chong was a diligent and keen student.
served as the Chief Judge of Sabah & Sarawak from However, due to his father’s ill health, Chong left
1995 to 2000. Professionally, he was revered for his school after finishing Form 3 to help out in the family
integrity, fairness and his commitment to justice business. There was a shortage of teachers competent
without fear or favour. His knowledge of the law, in English at the time. Not willing to resign entirely
and his meticulous and thorough preparation was to a life tending a shop, Tan Sri Chong seized the
legendary. As an advocate, it was said that by the opportunity to take up a teaching post at St. Anthony’s
time his pleadings were filed, his case would have School in Sarikei. It was during this time that Tan Sri
been prepared to the extent that it was ready for Chong developed an interest in law. Before long, the
trial. Personally, he was well-loved for his kindness, interest became so intense that it became the career
empathy and humility. He made time for everyone he that he wanted to pursue. As his parents earned a
crossed paths with, regardless of who they were. modest living, it was a pursuit that he would have to
fund himself.
Early years
For the next 11 years, he would teach in the mornings,
Tan Sri Chong was born in 1935 in Sarikei, a little mind the shop in the afternoons and spend any spare
town along the great Rajang River. His grandparents moment chasing his ambition. During this time, he
worked in a pepper plantation and his parents owned enrolled in a UK study program, and by self-studying,
a simple Chinese medicine shop. Being the oldest of completed his high school education. Tan Sri Chong
7 siblings of a typical Chinese family, it was expected then applied to and was accepted into Lincoln’s Inn.
that he would one day take over the family business. He had just enough money for one attempt at passing

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his law examinations. It was September 1962. Tan Sri

Chong was 27 years old.

In London, he worked tirelessly and completed his law

studies in 18 months while others took 3 years to do so.
He was called to the English Bar on 9 February 1965,
and soon after, returned home.

Legal career

Tan Sri Chong was called to the Sarawak Bar on 19

May 1965 and commenced legal practice at Yong &
Co. On 1 January 1968, he founded Tan Sri Chong
Brothers Advocates with his brother Siew Chiang. Tan
Sri Chong thrived in legal practice, earned the respect
and trust of his clients and fellow lawyers alike, and The late Tan Sri Datuk Amar Chong Siew Fai
made a name for himself. He was one of the founding
members of the Advocates’ Association of Sarawak
and served 5 terms as its President from 1975 to 1979.
On 1 February 1980, he was elevated to the Bench. He Tan Sri Chong retired in July 2000 and continued his
was 45 years old. career in law as an arbitrator. Reputed for his fairness,
patience and integrity, he was a very much sought
From 1980 to June 1994, Tan Sri Chong served as a after arbitrator until his demise in 2006.
High Court Judge in Kuching, Kota Kinabalu, and
Sibu. On 1 July 1994, he was promoted to the then Tan Sri Chong Siew Fai and Puan Sri Rosalind
Supreme Court (later renamed the Federal Court). 11
months later, on 16 June 1995, he was appointed the Tan Sri Chong was always a very focused and
Chief Judge of Borneo (later renamed the Chief Judge determined man. During his years in London, his one
of Sabah & Sarawak). Tan Sri Chong was the first goal was to complete his studies in the shortest time
legal practitioner to be appointed as the Chief Judge possible and become a lawyer. He rejected his friends’
of Sabah & Sarawak. invitations to parties and other social events except
for a party during the Christmas of 1963. He made
a token appearance and left promptly after dinner.
He was involved in a number of landmark decisions.
Years later, he would discover that had he stayed on
One such case was the case of Mohammed bin
at the party that night, he would have met the woman
Hassan v Public Prosecutor [1998] 2 CLJ 170. The
he would spend the rest of his life with.
case involved the question of whether the presumption
of trafficking under section 37(da) of the Dangerous
As fate would have it, although they did not meet
Drugs Act 1952 can arise out of a presumption of
on that not-so-fateful night in London, in the year of
possession under section 37(d) of the Act. Tan Sri Chong 1965 in Kuching, Tan Sri Chong finally met Rosalind,
who wrote the main judgment answered the question daughter of a member of Sarawak’s Council Negeri.
in the negative and held that in order to give rise to the Tan Sri Chong and Rosalind were married on 2 October
presumption of trafficking, there must be an express 1968 and went on to have 4 children – son Chieng Yih,
affirmative finding (as opposed to legal presumption) and 3 daughters, Shyan, Tyng and Ling.
of possession, thereby establishing what was described
as “the rule against double presumption”. With this A respected man
decision, “found in possession” is not given a wider
meaning that it ordinarily bears. It is consistent with As a legal practitioner, Tan Sri Chong was well-
the established principles of the construction of penal respected by his peers, and by judges and judicial
statutes and prevents an unduly harsh and oppressive officers before whom he appeared. As an opponent,
finding against the accused. This landmark case he was always a gentleman, courteous but firm. As a
continues to be followed today. judge, he was always fair, patient and helpful. His even

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co-operation between the Bench and the Bar, and the

Legal Service in the administration of justice. He also
said, “To members of the Bar, let me say this: I shall
always remember that I had been one of you and that
I had come from your ranks.” He lived up to his words.
Many a time, at the end of a hearing, he would invite
the opposing advocates to a nearby kopitiam for a cup
of coffee or a bowl of laksa. There, he would share his
experiences, get to know the lawyers, and helped ease
the passage of young lawyers into the legal fraternity.

A keen sportsman

Tan Sri Chong was an avid sportsman and a

natural leader. As a young man, he was captain of
his basketball team. His was one of the teams that
represented Sarawak in a basketball tournament held
in Singapore in the mid-1950s. As a legal practitioner,
Tan Sri Chong initiated many measures and activities
to strengthen the relationship between the Bench and
the Bar. The Bench-Bar Games between Sabah and
Sarawak started during his tenure as President.

The late Tan Sri Datuk Amar Chong Siew Fai A man remembered
(1935-2006)
Tan Sri Chong lived his personal life the same way
he held his public office. His principles and philosophy
temperament, ability and integrity earned him the in life helped many find justice and fairness. He
respect of all. He had a profound knowledge of the law, influenced and touched the lives of many more, and
and articulated his points and addressed all legal issues in the process, earned him much love, admiration and
with courage, remarkable clarity, and without fear. respect.

Tan Sri Chong believed in the close co-operation By: Ms Kate Chong Yuh Tyng
between the Bench and the Bar. In his elevation (Daughter of the late Tan Sri Datuk Amar
speech, Tan Sri Chong stressed the importance of close Chong Siew Fai)

The late Tan Sri Datuk Amar Chong Siew Fai with his family.
Puan Sri Rosalind Chong in the foreground

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 CHAPTER 7
IN REMEMBRANCE OF
ALMARHUM HIS ROYAL HIGHNESS
SULTAN AZLAN MUHIBBUDDIN SHAH
AL-MAGHFUR-LAH
(19 APRIL 1928 – 28 MAY 2014)

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ALMARHUM HIS ROYAL HIGHNESS

SULTAN AZLAN MUHIBBUDDIN SHAH
AL-MAGHFUR-LAH
– A MONARCH AND JURIST OF RARE
DISTINCTION

Introduction Radziallah who reigned over the State of Perak

from 1948 to 1963. His mother was Toh Puan
This tribute Hatijah binti Dato’ Seri Wangsa Ahmad. Almarhum
serves to give due was brought up by his mother, outside of royal
recognition to the circles.
achievements and
character of a jurist He received his early education at the Government
of rare distinction English School in Batu Gajah. Like other young
who headed the Royals of the time, Almarhum received his secondary
Judiciary, and was education at the Malay College, Kuala Kangsar.
equally renowned He proved to be an excellent student and a keen
for being a beloved sportsman, particularly in the field of hockey.
monarch to the He represented his schools and subsequently the
people of Perak, State of Perak in hockey. In 1951, he left for the
and later, of the United Kingdom to read law at the University of
A sketch of the then Yang di-Pertuan Nottingham, where he earned a Bachelor of Laws
Agong Sultan Azlan Muhibbuddin nation. Of no
degree in 1953. He was reputed to be a bright and
Shah by artist Jimmy Khalil other man can it
be written with
truth that he contributed so immeasurably to
the development of the law in the country, the
reputation of the Judiciary worldwide, and who,
as a great monarch, performed the onerous duty
of ruling his State and this country, with great
wisdom and sensitivity. His views and interpretation
of the law in the extensive body of case-law he
authored, comprise the basis for the fundamental
principles we adhere to until today, as enshrined
in our Federal Constitution.

Early Years

Almarhum Sultan Azlan Muhibbuddin Shah Al

Maghfur-Lah (‘Almarhum’) was born in Batu
Gajah, Perak on 19 April 1928. He was the fourth
and youngest son of Almarhum Sultan Yusoff
Izzuddin Shah Ibni Al Marhum Sultan Abdul
Almarhum Sultan Azlan Shah Al-Maghfur-Lah at age
Jalil Karamatullah Nasiruddin Mukhtaram Shah 12 - 1940

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hard-working student during his university days.

At university too, his talents were not confined to
the law. He continued to pursue his passion for
hockey and represented the university. He also
met and courted his future wife, Tuanku Bainun,
who was completing her tertiary education there,
during this time. After his degree, he was admitted
to the English Bar by the Honourable Society of
Lincoln’s Inn on 23 November 1954.

Upon his return to Malaysia in 1954, Almarhum

became the Assistant State Secretary of Perak.
However this was short-lived as he chose to pursue
a career in law by joining the Judicial and Legal
Service of the then Federation of Malaya. He
started his career as a First Class Magistrate and
quickly rose along the ranks to the positions of
President of the Sessions Court, Federal Counsel
and Deputy Public Prosecutor. This was followed by
a stint as the State Legal Advisor of Pahang and
Johore. He then went on to become the Registrar
of the High Court of Malaya, and subsequently
Almarhum Sultan Azlan Shah Al-Maghfur-Lah with
the Chief Registrar of the Federal Court of his mother Toh Puan Hatijah binti Dato’ Seri Wangsa
Malaysia. Ahmad on board SS Canton before sailing to the United
Kingdom - 31 December 1949

Almarhum Sultan Azlan Shah (front row, third from left) with the Perak Hockey Team 1949

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Almarhum Sultan Azlan Shah Al-Maghfur-Lah after

receiving the Bachelor of Law degree
University of Nottingham – 1953

Almarhum Sultan Azlan Shah (seated, first from left) with his Nottingham University First XI Hockey Team
1951 - 1952. Almarhum won Gold Colours for hockey.

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Almarhum was appointed a Judge of

the High Court of Malaya in 1965 at
the age of thirty-seven. He enjoyed the
distinction of being the youngest judge
to be appointed in the Commonwealth.

Eight years later Sultan Azlan Shah

was elevated to the Federal Court where
he was appointed Chief Justice of the
High Court in 1979 followed by his
meteoric rise in 1982, to the position
of the Lord President of the Federal
Court (the position is now known as
the Chief Justice of Malaysia).

The argument about what makes a

good judge remains a subject of heated
debate. History dictates that those who
are to be candidates for a judicial hall
of fame are individuals who alter the
Almarhum Sultan Azlan Shah Al-Maghfur-Lah taking the oath as a
legal landscape for the betterment of High Court Judge
society, who oblige us to rethink the
purpose and nature of law itself.

Almarhum Sultan Azlan Shah Al-Maghfur-Lah served as the Chief Registrar of the
Federal Court of Malaysia in 1963.

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demonstrating his mastery of the subject of dispute

before him in the concise but thorough reasoned
judgment delivered at the close of a case. He did
not however tolerate conduct unbecoming of the
profession and dealt with any such transgressions
severely. He was also exacting in the standards he
imposed on lawyers, albeit in the context of their
dress code, or the substantive content of their
submissions in relation to the law. This was in
keeping with his adherence to the strict traditions
of English law.

His Royal Highness loved the law and found

fulfillment in his role as a dispenser of justice. To
him being a member of the Bench was more than
a job – it was a responsibility he took to heart and
performed with great skill, excellence and integrity.

His innate sense of justice is reflected in his

judgments, which continue to be relevant to this day.
His judgments span a wide range of subjects from
administrative and constitutional law to contract,
commercial, criminal and even environmental law.
Notwithstanding his prolific output, the underlying
theme that resonates throughout these judgments
is his emphasis on the twin pillars of the Rule of
Law and the independence of the Judiciary.

This is exemplified in Loh Kooi Choon v

Government of Malaysia [1977] 2 MLJ 187
where he said of the Constitution:-

Almarhum Sultan Azlan receiving the instrument of “It is the supreme law of the land embodying
installation as Lord President from the King (Almarhum three basic concepts: one of them is that
Tuanku Jaafar Ibni Almarhum Tuanku Abdul Rahman the individual has certain fundamental
– 1982) rights upon which not even the power
of the State may encroach. The second
What, one might ask, made Almarhum such a
is the distribution of sovereign power
great judge? While there is no one-dimensional
between the states and the Federal…..
answer, two important components in the arsenal
The third is that no single man or body
of qualities that contributed to his success as a
shall exercise complete sovereign power,
judge, were wisdom and the ability to communicate
but that it shall be distributed among, the
such wisdom in a manner that people understood
executive, legislative and judicial branches
it. His Royal Highness possessed a combination of
of government, compendiously expressed in
intelligence, experience and compassion, coupled
modern terms that we are a government
with the quintessential judicial demeanour, patience
of laws not of men….”
and passion for the law, all of which comprise the
essential elements of an excellent judge.
His passion for the Rule of Law and the independence
of the judiciary was apparent from the inception
As a sitting judge Sultan Azlan Shah was well-
of his career on the Bench. In his speech on the
known for his judicial courtesy, exhibiting the
occasion of his elevation as a Judge of the High
utmost patience and civility to counsel who appeared
Court of Malaya in 1965 he said:-
before him, by rarely interrupting a submission, yet

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“I shall endeavour to do justice, not only to Iskandar & Anor [1973] 1 MLJ 128, where
the accused but also to the state. Lest we the accused was a prince of the Royal House of
forget, justice not only means the interests Johore, Almarhum Sultan Azlan Shah in meting
of the accused but also the interests of out sentence, held famously that:-
the state. I would give the assurance that
in the exercise of my judicial function I “….there is only one kind of law in this
would uphold the absolute independence of country to which all citizens are amenable.
judgment. The independence of the judiciary With us, every citizen irrespective of his
remains a cornerstone in the structure of official or social status is under the same
our system of government today. It not responsibility for every act done without
only guarantees that justice will be done legal justification. This equality of all in
and judgments firmly based on truth; it the eyes of the law minimizes tyranny.”
is also an indispensable condition of the
rule of law…..” Almarhum is perhaps most often quoted in relation
to his judgement in Pengarah Tanah dan Galian
In the course of his tenure on the Bench, Sultan Wilayah Persekutuan v Sri Lempah Enterprise
Azlan Shah presided over several controversial Sdn Bhd. [1979] 1 MLJ 147:
cases, notably Public Prosecutor v Datuk Haji
Harun bin Haji Idris (No. 2) [1977] 1 MLJ 15 “Unfettered discretion is a contradiction in terms…
where a sitting Menteri Besar was charged with Every legal power must have legal limits, otherwise
corruption for the first time in Malaysian history. there is dictatorship.”
And in Public Prosecutor v Tengku Mahmood

Almarhum Sultan Azlan Shah Al-Maghfur-Lah at the official opening of the Teluk Intan Courthouse on
15 April 1986

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As Chief Justice of the High Court and later, Lord

President, Almarhum ensured that the Judiciary
remained progressive by taking a proactive
approach on many fronts. This included efforts to
enhance the reputation of the superior judiciary by
appointing senior and competent practitioners to
take up appointments as Judicial Commissioners on
a short term basis as well as persuading eminent
practitioners to accept permanent appointment as
Judges. This also had the desired effect of reducing
the accumulated backlog of cases at the time.

Almarhum’s other notable contribution to the

Judiciary during that period was his procurement
of the iconic Sultan Abdul Samad Building for the
Supreme Court. He envisioned a building of quiet
dignity, with sufficient space for the courts, while
maintaining a beautiful and graceful exterior,
culminating in the golden dome. This truly reflected
the ethos of the judiciary.

Almarhum’s commitment to the rule of law and the

judiciary continued well after his retirement. This
is reflected in the various lectures and speeches
that he was called upon to deliver by various bodies Almarhum Sultan Azlan Shah Al-Maghfur-Lah with Yang
and institutions. Most significantly the lecture Maha Mulia Tuanku Bainun at Istana Negara– Hari Raya 1990

Almarhum Sultan Azlan Shah Al – Maghfur-Lah, with members of the Royal Family
Istana Iskandariah, Kuala Kangsar
19 April 2006

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series named after him, i.e. the Sultan Azlan Shah Another lesser known aspect of the late Sultan
Lecture Series has achieved international recognition Azlan was his generosity of spirit and his kindness
and attracted renowned jurists as speakers. It to those around him. Throughout his career he
remains an important event in the Malaysian legal took considerable pains to ensure that the needs of
calendar. those serving under him were met. Every morning
a motley crowd of interpreters, office boys, drivers,
This tribute would be incomplete without a reference orderlies and Registrars would routinely wait outside
to Almarhum’s remarkable family. Almarhum was Almarhum’s chambers, queuing up to seek his help
fortunate in having a gracious wife, Tuanku Bainun, and guidance, which would be duly given. In this,
who complemented his qualities to perfection. They Almarhum truly personified Rudyard Kipling’s
are blessed with five children each of whom is famous prose in that he could, with ease, walk
notable in his or her own right. Their eldest child, with Kings and yet not lose the common touch.
Duli Yang Maha Mulia Sultan Nazrin Muizzudin
Shah, is the present ruler of Perak. Tragically, Conclusion
their third child, Almarhum Dato’ Seri Sheikh Raja
Ashman Shah, Raja Kecil Sulong of Perak, passed Almarhum was a man whose stature in the law
away on 30th March 2012. This took a tremendous was beyond comparison. The loss of Sultan Azlan
toll on Almarhum and his family. The depth of Shah hangs over us all and will continue to do so
affection he felt for his children is borne out by for some considerable time. Although His Royal
this endearing statement:- Highness is renowned as a great monarch and a keen
sportsman it is Almarhum’s passion for the law and
“The only assets I have are my children.” his standing as a jurist that will endure. Finally,
Almarhum will be remembered with great affection.

The Official Launch of the book entitled Constitutional Monarchy, Rule of Law and Good Governance and
The Sultan Azlan Shah Law Lectures 1986 to 2003 : Judges on the Common Law - 13 April 2004,
Mandarin Oriental Kuala Lumpur
Left to Right : Lord Woolf (Lord Chief Justice of England & Wales), Almarhum Sultan Azlan Shah Al – Maghfur-
Lah, His Royal Highness Sultan Nazrin Muizzuddin Shah

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Left to Right : Lord Woolf (Lord

Chief Justice of England & Wales)
with Almarhum Sultan Azlan Shah
Al – Maghfur-Lah

The 20th Sultan Azlan Shah Law Lecture on 10 August 2006 at Shangri – La Kuala Lumpur
Left to Right : Almarhum Sultan Azlan Shah Al – Maghfur-Lah with US Supreme Court
Associate Justice Anthony M Kennedy

Note: Photographs courtesy of the Sultan Azlan Shah Gallery, University of Malaya and the Palace of Justice Library

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 THE THEN LORD PRESIDENT
RAJA AZLAN SHAH

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 REFERENCE PROCEEDINGS

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REFERENCE PROCEEDINGS FOR ALMARHUM

SULTAN AZLAN MUHIBBUDDIN SHAH IBNI
ALMARHUM SULTAN YUSSUF IZZUDDIN SHAH
GHAFARULLAH-LAH

Reference proceedings were held for Almarhum of Appeal Justice Raus Sharif, the Chief Judge of
Sultan Azlan Muhibbuddin Shah Ibni Almarhum Malaya, Justice Zulkefli Ahmad Makinudin and
Sultan Yussuf Izzuddin Shah Ghafarullah-Lah on 19 the Chief Judge of Sabah and Sarawak, Justice
November 2014 at the Palace of Justice, Putrajaya. Richard Malanjum.

The proceedings were chaired by the Right Honourable Members from various segments of society were invited
the Chief Justice of Malaysia, Tun Arifin Zakaria to attend the reference proceedings. This included
in the presence of the Sultan of Perak, Sultan Raja members of the royal family, representatives from
Nazrin Muizzuddin Shah and his consort, Raja the legislative and executive arms of the government,
Permaisuri Perak, Tuanku Zara Salim. The other former and sitting judges, senior members of the
presiding judges were the President of the Court Bar and officers of the judicial and legal service.

Chief Justice Arifin Zakaria welcoming Their Royal Highnesses The Sultan of Perak Sultan Nazrin Muizzuddin Shah
ibni Almarhum Sultan Azlan Muhibbudin Shah Al-Maghfur-Lah and Raja Permaisuri Perak, Tuanku Zara Salim
(On left - Federal Court Chief Registrar Mr. Roslan Haji Abu Bakar)

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The arrival of His Royal Highness Sultan Nazrin Muizzuddin Shah

L to R : Puan Sri Noorkim Lim Abdullah, Puan Sri Rohani Mohamed Kassim,
Puan Sri Salwani Mohamad Zamri and Toh Puan Robiah Abdul Kadir

The arrival of His Royal Highness Sultan Nazrin Muizzuddin Shah and Her Royal Highness
Tuanku Zara Salim

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His Royal Highness Sultan Nazrin Muizzuddin Shah and Her Royal Highness Tuanku Zara Salim
at the entrance of the Palace of Justice

Members of the Royal Family and other guests in the courtroom

Front row L-R Dato’ Seri Mohd. Salleh bin Dato’ Ismail, YAM Raja Dato’ Seri Azureen Almarhum Sultan Azlan
Muhibbuddin Shah Al-Maghfur-Lah, Yang Amat Berbahagia Datin Seri Noraini Jane Tan Sri Kamarul Ariffin, Dato’
Seri Ismail Farouk Abdullah, YAM Raja Dato’ Seri Eleena Almarhum Sultan Azlan Muhibbuddin Shah Al-Maghfur-
Lah, Y.M. Tunku Dato’ Seri Kamil Tunku Rijaludin, YAM Raja Dato’ Seri Yong Sofia Almarhum Sultan Azlan
Muhibbuddin Shah Al-Maghfur-Lah

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The proceedings commenced with an address expedient it may be to anyone in power

by the Attorney General of Malaysia, the Right to follow a certain course of action, at no
Honourable Tan Sri Abdul Gani Patail. In his time should any action be taken which
speech the Attorney General, inter alia, described is inconsistent with the provisions of the
Almarhum Sultan Azlan as a ‘true guardian of the Constitution, or I may add, against the
Constitution’ as illustrated in a series of cases he spirit of the Constitution.
had presided over, including Loh Kooi Choon v
Government of Malaysia [1977] 2 MLJ 187. It is your duty, as expressly provided for
in the Legal Profession Act to uphold the
His speech was followed by that of the President cause of justice without regard to your own
of the Malaysian Bar, Mr. Christopher Leong, who interests, uninfluenced by fear or favour.”
delivered an eloquent eulogy commencing from
Almarhum Sultan Azlan’s early days and culminating The Right Honourable the Chief Justice of Malaysia,
in his ascension to the throne. He highlighted Arifin Zakaria then delivered his address on behalf
Almarhum’s warm and respectful regard for the of the judiciary. His address reflected the rich legacy
Bar, quoting Almarhum’s speech to law students left behind by Almarhum Sultan Azlan and his
in the United Kingdom in 1986 on the duty of immense contribution to Malaysian jurisprudence.
members of the Malaysian Bar: In the course of his address he captured the essence
of Almarhum in the following words:
“It is therefore your duty, having been
trained as lawyers to ensure that at all “….Almarhum’s greatness came not merely
times the supremacy of the Malaysian from an impeccable lineage; it also came
Constitution is maintained. No matter how from a man blessed with a brilliant mind,

The Attorney General Tan Sri Abdul Gani Patail and the President of the Malaysian Bar Mr. Christopher Leong
delivering their speeches

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outstanding intellect, keen sportsmanship, the rule of law and the independence of the
great dignity, deep compassion and good judiciary, and to dispense justice without
humour, in equal measure……….. fear or favour.

His views and interpretation of the law in On moral and ethical values he remains
the extensive body of case law he wrote, uncompromising. To him the line between
comprise the basis for the fundamental what is right and what is wrong is always
principles we adhere to, until this day, as clearly defined. It was these very traits
enshrined in our Federal Constitution…..” that both he and my mother inculcated in
all their children. And it is these values
The proceedings culminated with a special address that we the children, now appreciate even
by His Royal Highness Sultan Nazrin Muizzuddin more in our adult life. For this, we are
Shah in a rare departure from tradition. His Royal truly grateful to them.”
Highness expressed his appreciation for according
him such an honour. In a poignant speech, Sultan His Royal Highness concluded his address by
Nazrin spoke of his father with great affection and expressing his confidence that his father’s aspirations
respect. He described Almarhum’s passion for the for an independent judiciary would continue to be
law and his deep moral and ethical convictions in upheld by the judiciary.
the following terms:-
The Chief Justice then concluded the proceedings
“My father’s love for the law, and his quest with an order that the record of the reference
for justice was ever encompassing. Whilst proceedings be kept in the archives of the judiciary
serving in the judiciary, he strived to uphold and a copy extended to the Royal family.

Their Royal Highnesses the Sultan of Perak and Raja Permaisuri Perak listening to the speech by
Chief Justice Arifin Zakaria

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His Royal Highness Sultan Nazrin Muizzuddin Shah delivering his special address

His Royal Highness Sultan Nazrin Muizzuddin Shah signing the guestbook at the Judicial Museum, Palace of Justice

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Members of the Perak Royal Family who attended the Reference proceedings walking out of the court room
to attend the Royal Lunch

The Royal Entourage visiting the Palace of Justice Library

(His Royal Highness The Sultan of Perak seen here with Chief Justice Arifin Zakaria,
President of the Court of Appeal Justice Raus Sharif and Head Librarian Edy Irwan Zulkafli)

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His Royal Highness Sultan Nazrin Muizzuddin Shah beaming with pride posing next to an oil painting of his late
father, Almarhum Sultan Azlan Shah Al-Maghfur-Lah with Chief Justice Arifin Zakaria

His Royal Highness Sultan Nazrin Shah seemed intrigued by the Register Cause Book for the year 1929, one of the
collections on display at the Judicial Museum, Palace of Justice. Together with His Royal Highness are
Chief Justice Arifin Zakaria and Judicial Officer Mohd Aizuddin Zolkeply

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Chief Justice Arifin Zakaria explaining the layout of the Kuala Lumpur Court Complex in Jalan Duta,
Wilayah Persekutuan.

His Royal Highness Sultan Nazrin Muizzuddin Shah browsing through some ancient legal tomes. Chief Justice Arifin
Zakaria and The President of the Court of Appeal Justice Raus Sharif looking on with amusement.

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Looking back at a life well lived. His Royal Highness Sultan Nazrin Shah appreciating a tribute to the memory of
his late father Almarhum Sultan Azlan Muhibbuddin Shah Al- Maghfur-Lah

The Service Book of the then Justice Raja Azlan Shah – one of the materials on display at the Judicial Museum,
Palace of Justice

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Their Royal Highnesses The Sultan of Perak Sultan Nazrin Muizzuddin Shah and Raja Permaisuri Perak
Tuanku Zara Salim bid farewell to the Judges, Judicial Officers and staff.

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 CHAPTER 8
C E L E B R A T I N G T H E 2 0 TH A N N I V E R S A R Y O F
THE COURT OF APPEAL

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CELEBRATING THE 20 TH ANNIVERSARY OF

THE COURT OF APPEAL
“The whole past is the procession of the present”
-Thomas Carlyle

On 1st January 1985, upon the coming into force of The establishment of the Court of Appeal in 1994
subsection 16(1) of the Constitution (Amendment) is an important milestone in the evolution of the
Act 1983, the Federal Court was renamed the Malaysian Judiciary. The rebirth was a result
Supreme Court. Section 17 of the Act also came of proposals made by various agencies since it
into force on that date, repealing Article 131 of was felt that the Judiciary was in dire need of
the Federal Constitution. With that repeal, the an intermediate appellate tier between the High
appellate recourse to the Privy Council ceased to Court and the Federal Court. With the coming into
be available. Some five years after the closure of force of the Constitution (Amendment) Act on 24th
the appellate door to the Privy Council, the absence June 1994, the Court of Appeal now stands as the
of a three tier superior court became sorely felt. stalwart of the appellate courts.

Where it all began (the iconic Sultan Abdul Samad Building which housed the newly established Court of Appeal)

The Court of Appeal sat for the first time on 18 Justice, Tun Abdul Hamid Omar, Tan Sri Dato’
August 1994 at Bangunan Sultan Abdul Samad Mohd Eusoff Chin, the Chief Judge of Malaya who
in Kuala Lumpur. The official opening ceremony was also acting as the President of the Court of
of the Court of Appeal was held at the Sultan Appeal, Tan Sri Datuk Amar Mohd Jemuri Serjan,
Abdul Samad Building, Kuala Lumpur on 17 Chief Judge of Sabah and Sarawak and Judges
September 1994. The ceremony was officiated of the superior courts. The Law Minister (which
by the then Yang Di-Pertuan Agong Al-Marhum post had been created by then), Dato’ Seri Syed
Tuanku Ja’afar Ibni Al-Marhum Tuanku Abdul Hamid Albar Tan Sri Syed Jaafar Albar was also
Rahman. Present at the ceremony were the Chief present.

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The Yang di-Pertuan Agong, Al-Marhum Tuanku Ja’afar Ibni Al-Marhum Tuanku Abdul Rahman accompanied by
Tun Abdul Hamid Omar and Dato’ Sri Syed Hamid Albar walking to the Court of Appeal courtroom in the historical
Sultan Abdul Samad Building. (Photograph courtesy of the National Archives of Malaysia)

The interior of the Court of Appeal then situated at the Sultan Abdul Samad Building

The “founder members” of the Court of Appeal Tan Sri Dato’ Seri Lamin Mohd Yunus became the
Judges consisted of 8 Judges namely Justice Zakaria first President of the Court of Appeal. The number
Yatim, Justice Shaik Daud Haji Mohd Ismail, Justice of Judges was then increased to 15 in 2001 and
Gopal Sri Ram, Justice Chan Nyarn Hoi, Justice further increased to 22 in 2006. In the year 2009,
Siti Norma Yaakob, Justice Mahadev Shanker, the number of Judges was further increased to
Justice VC George and Justice Abu Mansor Ali. 32. Presently there are 28 Judges in the Court of
They were sworn in on 24th September 1994 and Appeal.

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The Yang di-Pertuan Agong, Al-Marhum Tuanku Ja’afar Ibni Al-Marhum Tuanku Abdul Rahman (centre) signing the
Court’s guestbook. Looking on was the then Chief Justice Tun Abdul Hamid Omar (right).
(Photograph courtesy of the National Archives of Malaysia)

(L-R: first row)- On the bench, Tan Sri Mohd Eusoff Chin, Tun Abdul Hamid Omar, the Yang di-Pertuan Agong,
Al-Marhum Tuanku Ja’afar Ibni Al-Marhum Tuanku Abdul Rahman, Dato’ Seri Syed Hamid Albar Tan Sri Syed
Jaafar Albar and Tan Sri Jemuri Serjan. Also seen in the picture (second row, centre) was the then Acting Chief
Registrar of the Federal Court, Tuan Ramly Ali (as he then was). (Photograph courtesy of the National Archives of
Malaysia)

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The Yang di-Pertuan Agong, Al-Marhum Tuanku Ja’afar Ibni Al-Marhum Tuanku Abdul Rahman (centre) in a
Judge’s chambers in the historical Sultan Abdul Samad Building. (Photograph courtesy of the National Archives of
Malaysia)

The pioneer group of Court of Appeal Judges on their appointment day, photographed with the then Yang di-Pertuan
Agong Al-Marhum Tuanku Ja’afar Ibni Al-Marhum Tuanku Abdul Rahman.
(Photograph courtesy of Dato’ Seri Gopal Sri Ram)

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When the Court of Appeal was first established, Starting with 883 cases registered in the first
the principal registry was housed in the historical year of its establishment, the number has grown
Sultan Abdul Samad Building in Kuala Lumpur. exponentially. Several measures and initiatives were
The principal registry moved to the Palace of Justice taken. In the early years there was no timeline
in the year 2003. imposed for the disposal of cases. The Court of
Appeal Judges during the period of 2011 to 2013 had
During the first decade of its existence, the Court of worked tirelessly in reducing the backlog of cases
Appeal rendered several important judgments creating when timelines were introduced. Their Lordships
its jurisprudence which has added substantially to had more sitting days in a month with a view to
the corpus of laws. Some decisions of the Court dispose more cases since registration of cases had
of Appeal have been referred to by the Courts of increased. In view of the aforesaid, the number of
Singapore and Brunei. The first appeal that was pending cases had come down to a reasonable level.
heard after the constitution of the bench on 24th In 2014, the sitting arrangement for the judges was
September 1994 was the case of Keet Gerald accordingly, revised to allow the Justices to take a
Francis Noel John v Mod Noor bin Abdullah breather from hearing cases and at the same time
& Ors [1995] 1 MLJ 193. The subject matter of allowing them more time to write their grounds
the appeal concerned an interlocutory injunction. of judgment. Despite the reduction in the number
The panel that sat to hear that case consisted of of sitting days, the rate of disposal is still higher
Justices Gopal Sri Ram, Siti Norma Yaakob, and than the rate of registration. This further reduced
VC George. the number of pending cases.

Swearing in ceremony of the newly elevated Judges of the Court of Appeal on 1st April 2001.

(L-R) Justice Mohd Noor Ahmad, Justice K.C. Vohrah, Chief Justice Tun Dzaiddin Abdullah, Acting President of
the Court of Appeal Justice Wan Adnan Ismail, Chief Judge of Sabah & Sarawak Justice Steve Shim Lip Kiong and
Justice Alauddin Dato’ Mohd Sheriff.

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Former Judges of the Court of Appeal.

(L-R) Justices Gopal Sri Ram, Siti Norma Yaakob and Haidar Mohd Noor
(Photograph taken during a visit by Yang di-Pertuan Agong, Al-Marhum Sultan Salahuddin Abdul Aziz Shah Al-Haj
ibni Al-Marhum Sultan Hisamuddin Alam Shah Al-Haj to Sultan Abdul Samad Building on 29th July 1999)

Former Judges of the Court of Appeal.

(L-R) Justices Dennis Ong Jiew Fook, Mokhtar Sidin, Chan Nyarn Hoi and Shaik Daud Md Ismail.
(Photograph taken during a visit by Yang di-Pertuan Agong, Al-Marhum Sultan Salahuddin Abdul Aziz Shah Al-Haj
ibni Al-Marhum Sultan Hisamuddin Alam Shah Al-Haj to Sultan Abdul Samad Building on 29th July 1999)

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Events Commemorating the 20 th Anniversary of The Court of Appeal

On 24 June 2014, the Court of Appeal celebrated its Themed “Court of Appeal, Malaysia: A journey of
20th Anniversary with a weeklong series of events 20 years”, the Court of Appeal Open Day was an
hosted to commemorate its event to remember. The event
historic establishment and was organised by the Registry
achievement. It was a day for of the Court of Appeal and the
Judges, officers and staff of Corporate Communications and
the Court of Appeal to revel International Relations Division
in their success. The events of the Chief Registrar’s Office for
began with a gathering on the public to have an insight into
3 November 2014 at the the role and functions of the Court
Palace of Justice Putrajaya of Appeal. The activities held
attended by the directors during this occasion included the
of state courts, officers and 20th anniversary commemorative
supporting staff of the Palace exhibition and multimedia
of Justice. On this occasion, presentation. There were also
Mr. Roslan Hj Abu Bakar two slots of an “Exclusive Session
the Chief Registrar of the with a Court of Appeal Judge”
Federal Court in his speech, which brought Justice Mohamad
highlighted the achievement Ariff Md Yusof on 4 November
of the Court of Appeal and 2014 and Justice David Wong
its fascinating journey. Dak Wah on the following day.

Welcome panel for the Court of Appeal Open Day

Justice Md Raus Sharif touring the exhibition on the performance of the

Court of Appeal.

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Justice Mohamad Ariff Md Yusof (Front-6th from left) with participants of the talk “The Pathways to the Bench”.

On 4 November 2014, a Luncheon Meeting was Judges of the Federal Court and Court of Appeal
hosted by the Chief Justice of Malaysia the Rt. and Director General of Public Service Tan Sri
Hon. Arifin Zakaria for the Chief Secretary to the Mohamad Zabidi Zainal. The guests were then,
Government of Malaysia the Hon. Tan Sri Dr. Ali enlightened on the workings of the Malaysian
Hamsa and Heads of Government Departments at Judiciary by a briefing entitled “The Judiciary: It’s
the Banquet Hall, Palace of Justice, Putrajaya. Also Role, Independence and Reform” given by Justice
in attendance were the President of the Court of Abdull Hamid Embong, Federal Court Judge.
Appeal the Rt. Hon. Justice Md. Raus Sharif, the
Chief Judge of Malaya the Rt. Hon. Justice Zulkefli On 5 November 2014, a Town Hall Session was held
Ahmad Makinudin, the Chief Judge of Sabah and with the President of the Court of Appeal at the
Sarawak The Rt. Hon. Justice Richard Malanjum, Banquet Hall of the Palace of Justice, Putrajaya.
the Hon. Attorney General Tan Sri Gani Patail, It was a successful meeting since it provided a

Justice Abdull Hamid Embong Federal Court Judge Tan Sri Dr. Ali Hamsa, Chief Secretary to the
delivering a talk on ”The Judiciary: It’s Role, Government of Malaysia signing the Court’s guestbook.
Independence and Reform” Looking on is Justice Mohamed Apandi Ali, Judge of the
Federal Court

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platform to engage in a constructive dialogue A dinner to commemorate this historic 20th year
to discuss, deliberate and iron out the teething celebration was held on 6 November 2014 at the
problems faced by many of the stakeholders dealing Royal Ballroom, Palace of the Golden Horses,
with the Court of Appeal. Seri Kembangan, Kuala Lumpur. It was truly a

Justice Md Raus Sharif responding to issues raised on the administration of the Court of Appeal during the
Town Hall Meeting.
(L-R: Mr. Christopher Leong (Chairman of the Malaysian Bar), Justice Md Raus Sharif and
Justice Zulkefli Ahmad Makinudin)

Former President of the Malaysian Bar, Mr. Lim Chee Wee (4th from left) posing a question during the
Town Hall Session

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momentous occasion as it was held to pay tribute Mohamed Zamri, the Chief Judge of Malaya, Justice
to all former Justices, officers and staff of the Zulkefli Ahmad Makinudin and Puan Sri Rohani
Court of Appeal as well as gesture of gratitude Mohamed Kassim, the Chief Judge of Sabah and
to the current Judges, officers and staff. It was a Sarawak, Justice Richard Malanjum and Puan
night to sit back, celebrate and at the same time Sri Charlene Siim C Jintoni, and Deputy High
reminisce the good old days. Commissioner at the British High Commission
Malaysia, His Excellency Paul Rennie and wife.
Present to grace the ceremony were the guests of Also in attendance were Judges of the superior
honour, the Chief Justice of Malaysia Tun Arifin courts, representatives from the Attorney General’s
Zakaria and YBhg. Toh Puan Robiah Abd. Kadir. Chambers, senior lawyers, Registrars and Judicial
Also present were former Chief Justices of Malaysia officers of the Court of Appeal. The presence of
Tun Mohamed Dzaiddin Abdullah and YM Tengku former Judges of the Federal Court and Court of
Toh Puan Noriah Tengku Ismail, Tun Dato Sri Appeal including former Registrars of the Court of
Abdul Hamid Mohamad and Toh Puan Hamidah Appeal made the event even more meaningful and
Choong Abdullah and Tun Dato’ Seri Zaki bin Tun significant. Amongst former Judges who attended
Azmi, the Hon. Senate President Tan Sri Abu Zahar the dinner were Tan Sri Dato’ Haji Lamin Haji
Ujang, the Hon. Hajah Nancy Shukry, Minister in Mohd Yunus, Tan Sri Siti Norma Yaakob, Datuk
the Prime Minister’s Department, the Hon. Dato’ Heliliah Mohd Yusof, Tan Sri James Foong Cheng
Seri Mohamed Nazri Tan Sri Abdul Aziz, Minister Yuen, Datuk Seri Panglima Sulong Matjeraie, Dato’
of Tourism Malaysia and the Hon. Tan Sri Dr. Mahadev Shankar, Tan Sri VC George, Dato’ Haji
Ali Hamsa, Chief Secretary to the Government Shaik Daud Haji Mohd Ismail, Dato’ Wan Adnan@
of Malaysia, the President of the Court of Appeal Addin Muhamad, Datuk Syed Ahmad Helmy Syed
Justice Md Raus Sharif and Puan Sri Salwany Ahmad, Dato’ Selventhiranathan Thiagarajah and

The VIPS too were in disbelief – “Are you sure two decades have gone by since its inception?” asked
Tun Zaki Tun Azmi.

(L-R: YBhg. Tan Sri Dr. Ali Hamsa, Chief Secretary to the Government of Malaysia, YB Dato’ Seri Mohamed Nazri
Tan Sri Abdul Aziz, Minister in the Prime Minister’s Department, Justice Tun Arifin Zakaria,
Chief Justice of Malaysia and YABhg. Tun Zaki Tun Azmi, Former Chief Justice of Malaysia)

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Dato’ Tee Ah Sing @ Tee Boon Hooi. Amongst senior showcases the Court of Appeal’s 20 year journey
lawyers at the dinner were Tan Sri Cecil Abraham, and traces the history and events of the court,
Tn Hj. Sulaiman Abdullah, Ragunath Kesavan and profiles its past Presidents and highlights the
wife, Steven Thiru and wife, Christopher Leong great strides the Court of Appeal have made since
and Dato’ Mohd Hafarizam Harun. 1994.

In celebrating the success of the Malaysian Court The evening continued with an entertaining musical
of Appeal, the Chief Justice officially launched a performance entitled “Up The Court of Appeal Street
Commemorative Book entitled “The Court of Appeal – A Musical’ where the cast was made up entirely of
Malaysia 20th Anniversary (1994-2014)”. The Book Judicial Officers. Produced and directed by Justice

Life is a cabaret in the Court of Appeal.

Who can deny that judgments are a judge’s best friend?

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The happy cast – Their superb performance said it all

(L-R): Pretty dancers in pink, Safarudin Thambi (4th from left) easily gave the Chief Justice a run for his money –
It was indeed a night to remember

Zainun Ali and choreographed by judicial officers, the Malaysian International Chambers of Commerce
Norul Fitri Hamdan and Muhammad Iskandar and Industry and the Judicial Appointments
Zainol, the musical was a thumping success. Commission.

A subsequent event to commemorate the 20 th Despite a drizzle on Saturday morning, 8 November

Anniversary was a talk on “Intellectual Property 2014, the Fun Run organised in conjunction with
Law” by Sir Colin Birss, a High Court Judge from the 20th Anniversary of the Court of Appeal, saw
the United Kingdom. This event was a joint effort of nearly 600 participants, including Judges of the

(L-R): Sir Colin Ian Birss a High Court Judge of England and Wales (Chancery) United Kingdom, Justice Zulkefli
Ahmad Makinudin and Justice Dr. Badariah Sahamid during the talk on “Adjudicating Intellectual Property Cases
and Judicial Case Management”.

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Federal Court and Court of Appeal, Judges and Police also took part in this event. The run started
Judicial Commissioners of High Court of Kuala and ended at the Palace of Justice, Putrajaya.
Lumpur and Selangor as well as judicial officers and Thus, twenty years on, the Court of Appeal continues
supporting staff of the Palace of Justice, Putrajaya, to be a critical component of the Justice Delivery
Kuala Lumpur, Selangor and Negeri Sembilan. System. Given its sterling performance, it is hoped
A few members of the Bar, Attorney General’s that it will surge forward and might even surpass
Chambers, Prison Department and Royal Malaysia its own high water mark.

Runners at the starting line.

(Justice Aziah Ali and Justice Lim Yee Lan said it was a breeze leading the way while Justices Wahab Patail,
Justice Idrus, Justice Md Raus Sharif and Justice Suriyadi did their best to catch up)

Justice Abang Iskandar Abang Hashim trying to outpace Justice Azahar Mohamed.

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No need to run – We are home!

(Justice Alizatul Khair Osman Khairuddin and Justice Rohana Yusuf)

Hats off to the leaders of the pack!

(Justice Md Raus Sharif and Justice Abdull Hamid Embong)

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Justice Md Raus Sharif

The 8th and current President of the Court of Appeal Malaysia

Former Presidents of the Court of Appeal

Tan Sri Dato' Seri Tan Sri Dato' Wan Tun Dato' Sri Ahmad Tan Sri Abdul Malek
Lamin Mohd Yunus Adnan Ismail Fairuz Dato' Sheikh Ahmad
Abdul Halim

Tun Abdul Hamid Tun Dato' Seri Zaki Tan Sri Dato' Seri
Mohamad Tun Azmi Alauddin Dato' Mohd.
Sheriff

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The President with Judges of the Court of Appeal

Front Row:[L-R: Justice Abdul Aziz Abd. Rahim, Justice Aziah Ali, Justice Balia Yusof Haji Wahi, Justice Zaharah
Ibrahim, Justice Hishamudin Mohd Yunus, Justice Md Raus Sharif (President), Justice Abdul Wahab Patail, Justice
Alizatul Khair Osman Khairuddin, Justice Mohtarudin Baki, Justice Lim Yee Lan, Justice Mohamad Ariff Md Yusof]

Second Row [L-R: Justice Umi Kalthum Abdul Majid, Justice Mah Weng Kwai, Justice Varghese Varughese, Justice
Rohana Yusuf, Justice Zakaria Sam, Justice Nallini Pathmanathan, Justice Idrus Harun, Justice Tengku Maimun
Tuan Mat, Justice Dr. Badariah Sahamid, Justice Linton Albert]

Third Row: [L-R: Justice Ong Lam Kiat Vernon, Justice Dr. Prasad Sandosham Abraham, Justice Abdul Rahman
Sebli, Justice Mohd Zawawi Haji Salleh, Justice Ahmadi Haji Asnawi, Justice David Wong Dak Wah, Justice Abang
Iskandar Abang Hashim, Justice Dr.Hamid Sultan Abu Backer]

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FORMER JUDGES OF THE COURT OF APPEAL

JUSTICE DR. ZAKARIA JUSTICE SHAIK DAUD JUSTICE GOPAL JUSTICE CHAN NYARN HOI JUSTICE SITI NORMA JUSTICE MAHADEV
MOHAMED YATIM MD ISMAIL SRI RAM YAAKOB SHANKAR

JUSTICE VC GEORGE JUSTICE ABU MANSOR ALI JUSTICE ABDUL MALEK JUSTICE AHMAD FAIRUZ JUSTICE MOKHTAR SIDIN JUSTICE DENIS ONG JIEW
AHMAD DATO’ SHEIKH ABDUL FOOK
HALIM

JUSTICE HAIDAR MOHD JUSTICE ABDUL HAMID JUSTICE MOHD SAARI JUSTICE ABDUL KADIR JUSTICE K. C. VOHRAH JUSTICE MOHD NOOR
NOOR MOHAMAD YUSOFF SULAIMAN AHMAD

JUSTICE ALAUDDIN DATO’ JUSTICE ABDUL AZIZ JUSTICE PAJAN SINGH JUSTICE RICHARD JUSTICE ARIFIN ZAKARIA JUSTICE MOHD GHAZALI
MOHD SHERIFF MOHAMAD GILL MALANJUM MOHD YUSOFF

JUSTICE RAHMAH JUSTICE HASHIM DATO’ JUSTICE ARIFIN JAKA JUSTICE TENGKU JUSTICE NIK HASHIM NIK JUSTICE AUGUSTINE PAUL
HUSSAIN YUSOFF BAHARUDIN SHAH AB RAHMAN SINNAPPEN
TENGKU MAHMUD

136
JUSTICE JAMES FOONG JUSTICE AZMEL MAAMOR JUSTICE MOHD NOOR
CHENG YUEN ABDULLAH

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JUSTICE ZALEHA ZAHARI JUSTICE ZULKEFLI AHMAD JUSTICE LOW HOP BING JUSTICE SURIYADI HALIM JUSTICE MD RAUS SHARIF JUSTICE ABDULL HAMID
MAKINUDIN OMAR EMBONG

JUSTICE ZAINUN ALI JUSTICE HASAN LAH JUSTICE HELILIAH MOHD JUSTICE VINCENT NG KIM JUSTICE ABDUL MALIK JUSTICE NIHRUMALA
YUSOF KHOAY ISHAK SEGARA MK PILLAY

JUSTICE ABU SAMAH JUSTICE WAN ADNAN @ JUSTICE SULONG JUSTICE AHMAD MAAROP JUSTICE SULAIMAN DAUD JUSTICE RAMLY ALI
NORDIN ADDINAN MUHAMAD MATJERAIE

JUSTICE KANG HWEE GEE JUSTICE AZHAR @ IZHAR JUSTICE JEFFREY TAN JUSTICE T JUSTICE TEE AH SING @ JUSTICE SYED AHMAD
MA’AH KOK WHA SELVENTHIRANATHAN TEE BOON HOOI HELMY SYED AHMAD

JUSTICE CLEMENT ALLAN JUSTICE MOHAMED JUSTICE AZAHAR JUSTICE ANANTHAM

SKINNER APANDI ALI MOHAMED KASINATHER

THANK YOU-FOR TWO DECADES OF LOYAL SERVICE

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 CHAPTER 9
JUDICIAL TRAINING

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JUDICIAL ACADEMY-A VIEWPOINT

An Interview with Justice Mohamad Ariff Md Yusof

(Judge of the Court of Appeal and a Member of the Judicial
Academy).

Justice Mohamad Ariff Md Yusof

1. Can you share with us the reason and the Judicial Academy as a dedicated Committee
objective for the setting up of the Judicial within the JAC. That blueprint was grounded
Academy? on the method of in-house peer training drawing
on the vast pool of ready experience available
I believe the Judicial Appointments Commission among judges.
felt it was necessary and timely to set up
a dedicated body to oversee the training of 3. Can you share with us the kind of training
judges of the superior courts with a view to that the Judges have to undergo under
enhancing their expertise and experience. the courses organized by the Judicial
Academy?
2. How did the idea of conducting classes for
the Judicial Commissioners and Judges The focus has been on very practical training
come into being? right from the very start. Certain areas of
immediate relevance and need are identified
Tan Sri James Foong of the Federal Court was on the basis that judicial expertise has to be
instrumental in conducting a study of judicial enhanced in these areas. Judges of the High
training in several mature jurisdictions overseas. Court are then selected and organized in small
Tan Sri James produced a report which then groups of about 15 persons. Between 3 to 4
became the blueprint for the establishment of conveners drawn from judges of the Court

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of Appeal and the Federal Court, will then The greatest challenge was to juggle precious
conduct these courses on the basis of a “mutual time between everyday judicial work and judicial
learning” methodology. For instance, each training. Fortunately, we have a very competent
High Court Judge will present a short paper secretariat and much of the administrative work
on a specific topic related to his experience, is handled by its members. My colleagues and
followed by an in-depth discussion of practical I who sit on the committee oversee the conduct
problems faced by judges in that area as part of the modules and seminars, decide on the
of their day-to-day experience in court. content of the modules (sometimes working
together with the Chief Justice, the President
The conveners on their part will highlight of the Court of Appeal and the Chief Judges
common problems and mistakes encountered of the High Courts), and where appropriate
by the appellate courts when dissecting the act as conveners as well.
judgments of the High Court when they come
up on appeal. This exercise is to ensure that 6. You started off your career in the legal
these common errors are not repeated in future field as an academician. You have spent
appeals. quite a number of years teaching law in
one of the most prestigious law schools
In addition to this type of practical training by in Malaysia. Do you think that is one of
peer teaching and peer learning, the Judicial the reasons why you had been tasked
Committee and the JAC also organise general with this responsibility?
lectures on new or emerging areas of law to
acquaint our judges in these areas of expertise. It could well be so, but I must hasten to add,
This corresponds to the “straight lecture” method, the training of judges is not quite the same
followed by question and answer sessions. For as teaching law to law students.
this type of training, the courses invariably
are delivered by outside lecturers. 7. What was in your mind when you were
first approached to head this Judicial
4. What are the courses available in the Academy?
Judicial Academy? Can Dato’ elaborate
on the course structure and the workings The setting up of a training unit was timely, but
of the Judicial Academy (if any). to do a decent job of it, the Judicial Academy
has to be professionally organized.
Over the last few years, the Judicial Academy
has conducted modules on reception of evidence 8. You have also been asked to conduct some
in civil cases, issues in commercial cases, classes for the Judicial Academy and from
election petitions law, practical issues in that experience, how would you measure
injunction cases, appellate jurisdiction, the law the effectiveness of this Academy in helping
on murder and drug trafficking laws, judicial the Judges to be better at their job?
craft and the art of judgment writing.
From the feedback that we have received from
Seminars have also been held on construction the Judges themselves, the training modules
law and practice, arbitration law, Islamic in particular have achieved their target. They
banking and securities industry rules and provide an avenue for Judges to raise common
regulations. practical problems and exchange their practical
personal experiences for the common benefit.
I believe the Judicial Academy continues to
identify over time what areas of law require 9. Being a Judge must have taken all of your
emphasis with the objective of enhancing the time and to slot in additional responsibility
professional competency of our judges. i.e. at the Judicial Academy, would have
been a great challenge?
5. What were the challenges faced by Dato’ in
your efforts to get this Judicial Academy Obviously, a sitting judge cannot devote the
up and running? time needed to properly organise the Judicial
Academy unless there is a commensurate
reduction in his sitting time.

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10. What are the change(s) or improvement(s) Appropriate funding is also a necessity for any
that you would like to see in the Judicial Judicial Academy to perform to a satisfactory
Academy? level.

The best option is to have a full-time Director As to whether I would like to be part of it, I
backed with a small secretariat with the think I have contributed whatever little expertise
necessary funding. Over and above the organising I have in the initial stages. I am pretty sure
of modules and seminars, a full-fledged Judicial there are better candidates to enhance the
Academy must also set its sight on publishing Academy’s performance and standing.
training and educational materials. There is
an abundance of judicial expertise that can 13. Were there any particular problem you
be harnessed into publication. To take two faced when you commenced your tenure
examples, we have had some excellent papers as a Judicial Commissioner?
written by our judges on commercial laws
and drugs laws. These should be edited and Coming from the Bar with a broad-based
published as monographs. litigation and civil and commercial practice,
I must say I had no major problems. The
11. Looking back and if you were given the immediate difficulty was the much too heavy
chance, is there anything that you would workload and the legacy problem of case
have done differently in respect of the backlog.
Judicial Academy?
14. Do you think that had you been given
No, in its early years what was done was the some kind of training before, the transition
best in the circumstances. would have been smoother?

12. Instead of something of an ad-hoc basis, Sure, any form of initial training would have
do you think that there should be a proper been helpful. I am happy to note that this
organization or institute established to has been done recently for the new Judicial
properly manage and administer the Commissioners. One important aspect is
training for the Judges? If that ever to immediately impart judicial ethics and
materialise, would you like to be part of temperament.
it?
15. What are your hopes and aspirations for
As I have said earlier, we should be thinking the future of the Judicial Academy?
of a fully-fledged professional organization
with a full-time Director. The Director can be I look forward to the day when I can have in
a retired Judge with the necessary experience my hands the first professional monograph
in training and publication. If a serving Judge published by the Judicial Academy on some
is appointed, it could be done on a secondment practical aspect of the law.
basis for a suitable duration.
I am hopeful the Judicial Academy will
continue to progress to a much higher level
of professionalism.

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COURSES CONDUCTED BY THE JUDICIAL

ACADEMY IN 2014

Judicial Training

The Judicial Academy was established on 16 The facilitators for these courses were Judges of
December 2011. The committee consists of 11 the Federal Court and Court of Appeal.
Judges including the Chief Justice of Malaysia
as Chairman of the Committee, the President of (i) How To Deal With Cases Under Section
the Court of Appeal, the Chief Judge of Malaya 39B of the Dangerous Drugs Act 1952.
and the Chief Judge of Sabah and Sarawak. The
Judicial Academy is set up under the auspices of A total of 14 Judges and Judicial Commissioners
the Judicial Appointments Commission. attended this course. The course focused on
topics pertaining to the elements of crime under
Throughout 2014, some of the courses conducted section 39B of the Dangerous Drugs Act 1952
under the Judicial Academy and/or with other as well as the procedural law issues relative
organisation were as follows:- to this crime. Furthermore, discussions were
held on the expectations on the grounds of
(i) How To Deal With Cases Under Section judgment of such cases.
39B of the Dangerous Drugs Act 1952
(ii) How To Deal With Cases Under Section
(ii) How To Deal With Cases Under Section 302 of the Penal Code.
302 of the Penal Code
A total of 16 Judges and Judicial Commissioners
(iii) Judge Craft and Judgment Writing attended this course. The Course focused on
the element of crime under section 302 of the
(iv) Development and Regulation of the Capital Penal Code as well as the quality of grounds
Market. of judgment for section 302 cases.

Seminar on “How to Deal with Cases Under Section 39B of the Dangerous Drugs Act 1952” which was held on 28
February-1 March 2014 at Banglo Transit, Putrajaya.
(L-R) Justice Mohamed Apandi Ali, Justice Ahmad Maarop and Justice Azahar Mohamed.

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Seminar on “How to Deal with Cases Under Section 302 of the Penal Code” which was held on
18 – 19 September 2014 at Putrajaya.
(L-R) Justice Che Mohd Ruzima Ghazali, Justice Mohd Zaki Abdul Wahab, Justice Azizul Azmi Adnan and
Justice Mat Zara’ai Alias

Sitting (L-R) Justice Mohd Sofian Abd Razak, Justice Wan Afrah Dato’ Paduka Wan Ibrahim,
Justice Mohamed Apandi Ali, Justice Ahmad Maarop, Justice Azahar Mohamed, Justice Mohd Yazid Mustafa and
Justice Ghazali Haji Cha.
Standing (L-R) Justice Mohd Zaki Abdul Wahab, Justice Azizul Azmi Adnan, Justice Azman Abdullah,
Justice Ab Karim Ab Rahman, Justice Abu Bakar Katar, Justice Che Mohd Ruzima Ghazali,
Justice Samsudin Hassan, Justice Mat Zara’ai Alias, Justice Collin Lawrence Sequerah,
Justice Mairin Idang @ Martin, Justice Kamardin Hashim and Justice Douglas C. Primus Sikayun.

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(iii) Judge Craft and Judgment Writing

This course was mainly on the required skills in conducting a fair trial and how the quality of
written judgments can be improved. A total of 16 Judges attended this course.

Seminar on “Judge Craft and Judgment Writing” which was held on 28-29 November 2014 at
Banglo Transit, Putrajaya.
(L-R) Justice Azhahari Kamal Ramli, Judicial Commissioner Zakiah Kassim and Justice Zainal Azman Ab.Aziz

Justice Md Raus Sharif explaining to the participants during the Seminar on “Judge Craft and Judgment Writing”
which was held on 28-29 November 2014 at Banglo Transit, Putrajaya.
(L-R) Justice Zaharah Ibrahim, Justice Zulkefli Ahmad Makinudin and Justice Md Raus Sharif.

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(iv) Seminar on the Development and Regulation

of the Capital Market: Changing Dynamics
and Challenges

Recognising that the capital market has

played an increasingly important role in the
mobilisation of funds to facilitate economic
development and are increasingly becoming
integrated, a special two day seminar was
conducted for the Judges on the Development
and Regulation of the Capital Market on 5
and 6 June 2014 at the Mandarin Oriental
Hotel, Kuala Lumpur.

This seminar was initiated by Justice Zainun

Ali in collaboration with the top management
and executives of the Malaysia Securities
Commission in particular its Chairman Datuk
Dato’ Seri Johan Raslan, a member of the
Ranjit Ajit Singh, Deputy Chief Executive Securities Commission of Malaysia’s
Dato' Dr. Nik Ramlah Mahmood, Executive Corporate Governance Consultative Committee
Director, Corporate Resources Datin Teh Ija facilitating the seminar.
Mohd Jalil and Executive Director and General
Counsel Ms. Foo Lee Mei. This programme
was jointly organised by the Securities
Commission and the Judicial Appointments
Commission.

A group photo with the Chief Justice Arifin Zakaria and

the Executive Chairman of the Securities Commission of
Malaysia, Datuk Ranjit Ajit Singh.
(L-R) Datuk Seri Panglima Sulong Matjeraie, Justice
Datuk Ranjit Ajit Singh, Executive Chairman of the Zainun Ali, Justice Abdull Hamid Embong, Chief Justice
Securities Commission Malaysia giving the welcoming Arifin Zakaria, Datuk Ranjit Ajit Singh, Dato' Dr. Nik
address. Ramlah Mahmood and Ms. Foo Lee Mei.

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Seminar on the Development and Regulation of the Capital Market : Changing Dynamics
and Challenges

Programme on the 5th June 2014

Opening Remarks by The Rt. Hon. Tun Arifin Zakaria Chief Justice of Malaysia
Capital Markets: Overview and Recent Developments
Speaker:
Mr. Goh Ching Yin
Executive Director, Market Development,
Securities Commission Malaysia
Regulating the Capital Market: Swing of the Regulatory Pendulum
Speaker:
Ms. Belinda Gibson
Business Consultant & Solicitor and Adjunct Professor,
University of New South Wales (UNSW), School of Business
Facilitating Capital Formation
Speakers:
1. Mr. Mohamed Rafe Haneef
Chief Executive Officer,
HSBC Amanah Malaysia Berhad
2. Mr. Patrick Tan Boon Peng
Regional Head, Equity Capital Markets,
CIMB Investment Bank
Ensuring Trust and Confidence through Enforcement of Securities Laws – Part 1
Speakers:
Ms. Swapna Chandra
Senior Litigation Counsel,
Ontario Securities Commission
Programme on the 6th June 2014
Ensuring Trust and Confidence through Enforcement of Securities Laws – Part 2
Speakers:
Ms. Selvarany Rasiah
Chief Regulatory Officer, Bursa Malaysia
Investing in the Capital Market: Lessons Learnt
Speakers:
Ms. Angelina Kwan
Head of Equities Compliance, CLSA Limited
Investor Protection: Whither Caveat Emptor?
Speakers:
Dato Dr. Nik Ramlah Mahmood
Deputy Chief Executive,
Securities Commission Malaysia
Stewardship of Companies: Board Effectiveness
Moderators:
1. Mr. Goh Ching Yin
Executive Director, Market Development
Securities Commission Malaysia
2. Ms. Foo Lee Mei
Executive Director & General Counsel
General Counsel, Securities Commission Malaysia
Panellists:
1. Ms. Belinda Gibson
Business Consultant & Solicitor and Adjunct Professor, UNSW School of Business
2. Dato’ Seri Johan Raslan
Former Executive Chairman
PricewaterhouseCoopers Malaysia
3. Ms. Swapna Chandra
Senior Litigation Counsel
Ontario Securities Commission

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Chief Justice Arifin Zakaria posing a question to the panellists. Seated on his right is the Executive
Chairman of the Securities Commission of Malaysia, Datuk Ranjit Ajit Singh.

Chief Justice Arifin Zakaria (sitting 8th from left) and the Chairman of the Securities Commission of Malaysia,
Datuk Ranjit Ajit Singh (sitting 9th from left), taking a group photo with the participants during the Seminar on
“Regulating the Capital Market: Changing Dynamics & Challenges”.

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(v) Induction Programme for the New Judicial Commissioners

Justice Mohd Hishamudin Mohd Yunus briefing the newly appointed Judicial Commissioners on Company Law.

Justice Md Raus Sharif briefing the new Judicial Commissioners on Judicial Temperament.

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 CHAPTER 10
CASES OF INTEREST

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Statue of justice- The Logan Memorial in front of the High Court of Penang Georgetown, Penang.

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CIVIL CASES
As in previous years, 2014 witnessed our Judges Decision – Majority Judgment
delivering numerous landmark decisions which have
significant impact on Malaysia’s legal and judicial The Federal Court in majority dismissed the leave
landscape. The following are a selection of cases application. In delivering the majority judgment,
covering a broad spectrum of issues. Arifin Zakaria CJ stated that the law on judicial
review has advanced from the subjective test to that
1) Titular Roman Catholic Archbishop of of the objective test. In considering whether the
Kuala Lumpur v Menteri Dalam Negeri Court of Appeal had applied the correct test, it is
& 8 Ors [2014] 6 CLJ 541 pertinent to consider the judgment of the Court of
Appeal as a whole and not by merely looking at the
CORAM terms used in the judgments. His Lordship found
that the Court of Appeal had applied the objective
Majority – Arifin Zakaria CJ, Raus Sharif
test in arriving at its decision. Had it applied the
PCA, Zulkefli Ahmad Makinudin CJM and
subjective test, it would not be necessary for it to
Suriyadi Halim Omar FCJ consider the substance of the Minister’s decision.
Since the Court of Appeal had applied the correct
Minority – Richard Malanjum CJSS, Zainun
test, it is not open for the court to interfere with
Ali and Jefrrey Tan Kok Wha FCJJ
its decision. The majority further held that even if
This case involves an application by the applicant the Federal Court does not agree with the findings
for leave to appeal to the Federal Court against of the Court of Appeal, it would not be a sufficient
the decision of the Court of Appeal in allowing the reason for the Federal Court to interfere. That being
respondents’ appeal against the decision of the High so, the questions of law posed in Part A failed to
Court. The applicant was granted a publication satisfy the threshold prescribed by s. 96(a) of the
permit by the Minister vide letter dated 30.12.2008 Courts of Judicature Act 1964 (ÇJA).
to publish the Herald in four languages, namely
Bahasa Melayu, English, Tamil and Chinese. Arifin Zakaria CJ further observed that clause (3) of
Aggrieved with the conditions imposed by the art. 4 of the Constitution provides that the validity
Minister, the applicant then wrote to the Minister of any law made by Parliament or a State legislature
vide letter dated 2.1.2009 requesting the Minister may not be questioned on the ground that it makes
to reconsider the decision and revoke the aforesaid provision with respect to any matter with respect
conditions. In reply, the Minister vide letter dated to which the relevant legislature has no power to
7.1.2009 to the applicant, after reconsidering his make law, except in three types of proceedings,
decision, approved the permit for publication subject one of which is “in proceedings for a declaration
to the condition that the applicant is prohibited that the law is invalid on that ground”, in which
from using the word “Allah”. case the Federation or the State is entitled to be
a party to such proceedings. Conversely, Clause
Dissatisfied with the decision of the Minister, the (4) of art. 4 provides that such proceedings may
applicant then filed an application for judicial review not be commenced by an individual without leave
under O.53 r.3 (1) of the Rules of the High Court of a judge of the Federal Court. Consequently,
1980 (the RHC), challenging the decision of the the party seeking to challenge the validity or the
Minister. The High Court allowed the applicant’s constitutionality of the impugned provision must
application for judicial review. The respondents specifically ask for a declaration that the law
then appealed to the Court of Appeal. The Court is invalid, and such a proceeding may only be
of Appeal allowed the respondents’ appeal and the commenced with leave of a judge of the Federal
orders of the High Court were accordingly set aside. Court. Further, the respective State must be made
The applicant thereafter sought leave to appeal as a party so as to give the State an opportunity
to the Federal Court. The questions before the to defend on the validity or constitutionality of the
Federal Court were divided into matters relating impugned provision.
to Administrative Law (Part A), Constitutional Law
(Part B) and General Issues (Part C)

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Arifin Zakaria CJ also observed that the validity or the use of the word “Allah” was not prohibited in
constitutionality of the laws could not be questioned other publications such as Al-Kitab and the Sikh
by way of collateral attack as was done in the Holy Book, there is a serious issue in the exercise
present case. It follows that the High Court Judge, of the discretion by the Minister. His Lordship
for reasons of procedural non-compliance and want further observed that public order and national
of jurisdiction, ought not to have entertained the security are not synonymous and yet the Court
challenge on the validity or constitutionality of the of Appeal appeared to have used the two terms
impugned provision. Accordingly, the findings of interchangeably. His Lordship concluded that there
the High Court Judge that the impugned provision was a need for the Federal Court to distinguish
was arbitrary and unconstitutional was rightly set them or link them together.
aside by the Court of Appeal.
Richard Malanjum CJSS further observed that there
As for the constitutional questions in Part B which
were merits in the applicant’s submission that the
concentrated on the usage of the word “Allah” in
Minister’s decision, as upheld by the Court of Appeal
the Herald and constitutional right guaranteed
contravened arts. 11(1) and (3) of the Constitution
by arts. 3, 8, 10, 11 and 12 of the Constitution,
and curtailed the rights of the Bahasa Malaysia
Arifin Zakaria stated that these questions could
speaking Christians from Sabah and Sarawak. His
not be considered in isolation without taking into
consideration the impugned provision. The Federal Lordship stated that on the test of “essential and
Court however ruled that that as a challenge on integral part of religion” so adopted by the Court
the validity and unconstitutionality of the impugned of Appeal, there is no reason why the rights under
provision could not be made for the reasons art. 11 of the Constitution should be confined to
stated, it is therefore it was not open for the those essential and integral part or core of the
Federal Court to consider the questions posed in religion. Unless further determined by the Federal
Part B. Court, such interpretations of the relevant Articles
by the Court of Appeal would have to be accepted
As for the questions in Part C which related to the as correct, the law and binding upon the courts
theological issues arising from the judgments of the below and the citizenry of the Federation.
learned judges of the Court of Appeal, Arifin Zakaria
CJ held that it is clear that the Minister’s decision Zainun Ali FCJ in her dissenting judgment held
was never premised on theological consideration that there seems to be some uncertainty with
and therefore found that the views expressed by regard to the source of the Minister’s power. The
the judges of the Court of Appeal on those issues Minister himself was reticent as to its source while
were mere obiter. the Court of Appeal was divergent in its view as
to the scope and nature of the Minister’s power
Decision – Minority Judgment under the Act which requires the Federal Court to
clear the confusion as to the correct test applicable
The Minority Judgment of the Federal Court allowed in the exercise of the power by the Minister. Her
the leave application. Ladyship further observed that in judicial review
cases, the Malaysian courts have long moved on from
Richard Malanjum CJSS in his dissenting permitting review only on the process to reviewing
judgment held that the applicant had satisfied the both the process and substance in determining the
requirements of s. 96(a) and (b) of the CJA and reasonableness of a decision of a public authority
hence leave to appeal should be granted on all the and hence stated that the different approaches
proposed questions in Part A, B and C. made by the Court of Appeal on this issue ought
to be addressed by the Federal Court.
Richard Malanjum CJSS also held that taking into
consideration the undisputed fact that the Herald Jeffrey Tan FCJ in his dissenting judgment
had been in circulation for the past 14 years held that the task of the Court, in relation to the
before the imposition of the Minister’s decision and instant application or indeed any application for
that there was no evidence shown of prejudice to leave to appeal, is only to find if the prerequisites
public order during that period, and further that of sub-section (a) or (b) of section 96 of the CJA

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have been met. Jeffrey Tan Kok Wha FCJ found

that there were questions and/ or issues on the
constitutionality of condition (i) “that the Applicant
was prohibited from using the word “Allah” in the
Herald - The Catholic Weekly” and held that the
constitutional questions should be answered by the
Federal Court.

2) Superintendent of Lands and Surveys,

Samarahan Division & Anor v Abas Naun
& Ors (Federal Court decision delivered
on 18th November 2014) and reported as
[2015] 1 CLJ 18

(CORAM: Zulkefli Ahmad Makinudin CJM,

Suriyadi Halim Omar, Hasan Lah, Zaleha
Zahari, Jeffrey Tan Kok Wha FCJJ)

The respondents filed two separate writs of summons

actions against the appellants, claiming for various
declaratory reliefs. The respondents pleaded that their
native customary rights (‘NCR’) over tracts of land
(‘NCR land’) had been infringed. The respondents
claimed that the appellants’ action in alienating their
NCR land through three provisional leases or forests
timber licence to companies without due compensation
was null and void as it violated their rights under
the Federal Constitution. The appellants applied
to strike out the writ actions under O. 14A of the
Rules of High Court 1980 (‘RHC’) on the grounds
that the respondents ought to have proceeded by Stamps in Arabic characters used by merchants in their
way of judicial review under O. 53 of the RHC. daily trading during the English occupation days in
The appellants’ applications were dismissed by the Penang. (Picture courtesy of the Penang State Museum)
High Court and the appellants’ appeal against the
High Court’s decision was dismissed by the Court
of Appeal. The appellants were then granted leave refusing to recognise their NCR at the other end.
to appeal to the Federal Court on the following But by no figment of the imagination were the
question of law: whether a suit filed by a person respondents seeking to nullify the public law on
claiming NCR to challenge the decision of a public native rights but rather about them establishing
authority which supposedly infringes the claimant’s the facts upon which their NCR claims were based.
alleged rights is an exception to the general rule Obviously, the present appeals related essentially
enunciated by the Federal Court in Ahmad Jefri bin to questions of fact relating to private law of the
Mohd Jahri @ Md Johari v. Pengarah Kebudayaan respondents though enmeshed with public law. His
& Kesenian Johor & Ors. Lordship further observed that in light of their want
of sophistication let alone the respondents live deep
Decision: in the hinterland, to expect the respondents to file
judicial review applications within the legislated
The Federal Court answered the question of law statutory time limit after the appellants’ public
posed before it in the negative and accordingly acts and adhere to protocol finesse as fashioned out
dismissed the appeal with costs. Suriyadi Halim in O. 53 may lead to real injustice to them. Such
Omar (FCJ) held that NCR claims are disputes strict expectation from the natives would result in
between private individuals claiming a private law “irreparable injustice” to them. Clearly the mode
right on one hand and with the public authority of O. 53 was unsuitable for cases of this genus.

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His Lordship also stated that the NCR land is were ‘22 categories of external wounds’ and the
fundamental to their social, cultural and spiritual cause of death was stated as ‘pulmonary edema’.
survival as natives of Sarawak. The NCR land not With the first autopsy report, the first appellant
only is a source of livelihood but constitute life issued a press statement that the deceased had
itself. With the respondents having pleaded that died from ‘water in the lungs’.
their NCR and constitutional rights having been
violated, procedural efficacy must surely give way to A second autopsy report commissioned by the family
the supreme law of Malaysia. Having considered the of the deceased stated that there were ‘45 categories
bigger picture, in light of constitutional, statutory and of external injuries’ on the body of the deceased
common law recognition of NCR, compounded by the and a wide range of internal injuries. The cause
injustice that may befall the respondents, on account of death was found to be acute renal failure due
of their disadvantaged predicament, the respondents’ to direct or indirect muscle injury. Those muscle
writ actions qualified as an exception to the norm. injuries were found to have been committed by the
second defendant with his assault on the deceased.
3) Datuk Seri Khalid Abu Bakar & Ors v N. The second defendant was later convicted and
Indra P. Nallathamby & Another Appeal sentenced to three years’ imprisonment for causing
[2014] 9 CLJ 15 grievous hurt to the deceased.

(CORAM: Mohamad Ariff Md Yusof, Mah The respondent, mother of the deceased then
Weng Kwai and David Wong Dak Wah instituted an action against the defendants claiming
JJCA) for damages. The appellants, however, denied the
respondent’s claim despite the conviction of the second
This case involves an arrest of one Kugan a/l defendant. The High Court allowed the respondent’s
Ananthan (‘the deceased’) in respect of a theft claim and awarded exemplary damages, damages
offence. The deceased subsequently remanded for public misfeasance and false imprisonment.
for a period of seven days at the Petaling Jaya The appellants then appealed to the Court of
Police Station lock-up. However, the deceased was Appeal.
detained at the Taipan Police Station and not at
Petaling Jaya Police Station lock-up as stated in Decision:
the remand order. On 20.1.2009, the deceased was
found dead while he was under custody of Taipan The Court of Appeal allowed the appeal in part
Police Station. Prior to his death, the family was not with costs. David Wong Dak Wah JCA observed
aware of his detention as they were not informed that the deceased’s remand was a consequence of a
by the police. The family became aware only after judicial act, being an order given by a Magistrate.
they were informed about the deceased’s death on Unless and until the remand was set aside by way
20 January 2009. of a criminal appeal or revision by the High Court,
that remand remained lawful. No such application
There were extensive injuries on the deceased’s body to the High Court had been made by the plaintiff
inflicted by beatings during detention. The first to declare that the remand was unlawful. The
appellant who was then the Deputy Commissioner abuses which the deceased endured could not give
of Police and the Chief Police Officer of Selangor, rise to a cause of action for false imprisonment.
on 21.1.2009 issued a press statement that the The cause of action for a tort of false imprisonment
deceased had collapsed and died after drinking a arises when a person has been imprisoned without
cup of water. The respondent disputed the truth lawful justification and that action is against the
of the first appellant’s press statement and alleged person who caused the imprisonment. Here, the
that there has been a cover up to the real cause person who caused the detention was a Magistrate
of the deceased’s death. exercising his judicial power and that judicial act
had not been set aside or declared unlawful. The
One Prof Dr Abdul Karim conducted an autopsy award of RM100,000 for false imprisonment was
(the first autopsy) and the report stated that there thus set aside.

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His Lordship further held that the claim of public on 14/6/2012, known as the Printing Presses and
misfeasance is a tortious claim. It is a public law Publications (Control of Undesirable Publications)
tort in that it can only be committed by public (No. 3) Order 2012 under the Printing Presses and
officers exercising their powers wrongly resulting Publications Act 1984 (the PPP Act), banning the
in injury to the claimant. As the deceased was the publication and sale of the Books.
victim of the alleged wrongdoings of the first, second
and third defendants who were public officers, any The 2nd and 3rd Respondents and another employee,
tortious claim by the estate came under s. 8 of the Farihna binti Mohamed Fadhlullah attended the
Civil Law Act 1956 (‘CLA’). He stated that section office of the 1st Appellant on 30/5/2012 for the
8 of the CLA only applies to private torts in so far purpose of being examined and investigated further
as the prohibition of awarding exemplary damages. by the 1st Appellant under the provisions of section
Where there is a breach of a constitutional right 58 of the Syariah Criminal Procedure (Federal
by a public authority, s. 8(2) of the CLA does Territories) Act 1997.
not apply and the courts cannot be barred from
awarding exemplary damages. Hence, this was an The 3rd Respondent was arrested by the 1st
appropriate case to award exemplary damages. As Appellant on 30/5/2012 and was charged under
for the quantum of the exemplary damages, there section 13 of the Syariah Criminal Offences
was no reason to disturb the award granted by the (Federal Territories) Act 1997 (the SCO Act) for the
learned judge as it commensurated the actions of offence of “disseminating and distributing by way
the defendants.

4) Jabatan Agama Islam Wilayah Persekutuan

& 2 Ors v Berjaya Books Sdn Bhd & 2
Ors (Civil Appeal No. W-01-143-04/ 2013)
Decision was delivered on 30th December
2014.

(CORAM: Mah Weng Kwai, Mohd Zawawi

Salleh and Umi Kalthum Abdul Majid
JJCA)

On 23/5/2012, the 1st Appellant conducted a search

at the Bookstore at the Gardens, Mid Valley Mall,
Jalan Syed Putra, Kuala Lumpur. Officers of the 1st
Appellant were accompanied by a group of reporters
and photographers. The 1st Appellant seized several
books under two titles by an internationally known
author, Irsyad Manji, entitled “Allah, Kebebasan dan
Cinta” and “Allah, Liberty and Love” (the Books)
after checking them at the Bookstore.

The 1st Appellant then examined the 2nd and the

3rd Respondents at the premises and issued orders
compelling them to be present at the 1st Appellant’s
office for further examination and investigation.

On 29/5/2012, a Prohibition Order against the

publication and sale of the Books was issued by
the 2nd Appellant. The Prohibition Order was
A common seal stamp. (Picture courtesy of the
published vide Gazette Notification P.U.(A) 162
Penang State Museum)

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of selling the Books deemed contrary to Hukum 5) Muhamad Juzaili Bin Mohd Khamis & 2
Syarak (Islamic Law)”. At the time of the search Ors v State Government of Negeri Sembilan
and seizure, the Books were not subject to any & 4 Ors (Civil Appeal No. N-01-498-11/
Prohibition Order issued by the 2nd Appellant. The 2012)
3rd Respondent was not in any way responsible (CORAM: Mohd Hishamudin Yunus, Aziah
for the selection of titles of books to be sold at the Ali and Lim Yee Lan JJCA)
Bookstore.
The appellants were Muslim men who expressed
As at 23/5/2012, there was no fatwa, declaration, themselves as women by wearing feminine clothes
announcement or circular issued by the 1st Appellant and applying makeup. They had been diagnosed
or by any other religious authority banning the with a medical condition known as Gender Identity
publication and sale of the Books on the ground that Disorder (‘GID’). Although the medical condition
it is in breach of Hukum Syarak. No prior notice of suffered by the appellants was confirmed by a
any objections was given by the 1st Appellant and psychiatrist and a psychologist, s. 66 of the Syariah
no search warrant was issued to the 1st Appellant Criminal (Negeri Sembilan) Enactment 1992 (‘the
to conduct the search and seizure of the Books. Enactment’) does not recognise GID and prescribes
Decision: that it as an offence for any male Muslim person
to wear a woman’s attire or to pose as a woman.
The Court of Appeal dismissed the appeal with no The appellants applied for a judicial review in
order as to costs. Mah Weng Kwai JCA held that the High Court for a declaration that s. 66 of
the correct test to determine whether the matter the Enactment is void as it is inconsistent with
falls between the jurisdiction of either the civil the Federal Constitution (‘the Constitution’). The
court or the Syariah court is to follow the pith and application was dismissed by the High Court.
substance approach. By employing that approach, The appellants then appealed to the Court of
the court will not be confined only to Syariah issues Appeal.
and to the sections of the law but importantly to
consider the breach of the constitutional rights Decision:
of the Respondents occasioned by the search and
seizure of the Books. The Court of Appeal allowed the appeal. Hishamudin
Mohd Yunus JCA held that Section 66 of the
His Lordship further observed that the civil court Enactment is inconsistent with art. 5(1) of the
has the jurisdiction and power to judicially review Constitution as it deprives the appellants of their
the improper institution of criminal proceedings right to live with dignity. Section 66 of the Enactment
when the impugned conduct is in fact not criminal is irreconcilable with the existence of the appellants
in nature. The civil court also has the jurisdiction to and all other GID sufferers. A law that punishes
adjudicate on the legal status of the 3rd Respondent the gender expression of transsexuals degrades and
as it is a matter within the province of administrative devalues persons with GID in our society. He also
law. The case does not cease to be within the held that ‘life’ in art. 5(1) means more than mere
jurisdiction of the civil court just because it has an animal existence; it also includes such rights as
Islamic law element. The 2nd Respondent who is a livelihood and the quality of life. The effect of s. 66
non-Muslim cannot be subjected to and/or be the is that it prohibits the appellants and other GID
subject of enforcement actions by the 1st Appellant. sufferers who cross-dress from moving in public
Non-Muslims cannot be compelled to appear before places to reach their respective workplaces.
the Syariah Court. Even if it is consented to, the
Syariah Court has no jurisdiction over the non- His Lordship further observed that the State and s.
Muslims. The Court of Appeal also held that no 66 of the Enactment simply ignored GID sufferers
action can be taken against the 1st Respondent as such as the appellants and unfairly subjected them
it is a corporate entity and incapable of professing to the enforcement of law. The appellants should not
a religion. Therefore the action taken against the be treated similarly as normal Muslims yet s. 66 of
1st Respondent was unlawful. the Enactment provides for equal treatment and does

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not provide for any exception for sufferers of GID. Federation and any law passed which is inconsistent
The inclusion of persons suffering from GID under with the Constitution shall, to the extent of the
s. 66 discriminates against them and is therefore inconsistency, be void. Reading arts. 74(3) and 4(1)
inconsistent with art. 8(1) of the Constitution. together, it is clear that all State laws, including
Section 66 of the Enactment is discriminatory on Islamic laws passed by State Legislatures, must
the ground of gender and therefore, violates art. be consistent with Part II of the Constitution
8(2) of the Constitution as it subjects male Muslim which guarantees the fundamental liberties of all
persons like the appellants to an unfavourable Malaysians. Therefore, s. 66 of the Enactment is
bias vis-à-vis female Muslim persons. He also invalid as being unconstitutional. It is inconsistent
observed Article 4(1) of the Constitution declares with arts. 5(1), 8(1) and (2), 9(2) and 10(1) (a) of
that the Constitution is the supreme law of the the Constitution.

A Courtroom in the Penang High Court

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A corridor at the Penang High Court

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CRIMINAL CASES
Mat Shuhaimi bin Shafiei v Public Prosecutor (“the victim”). The respondent was acquitted and
[2014] 2 MLJ 145 discharged at the end of the trial. The learned
High Court Judge accepted the opinion of the two
(Coram: Abdul Malik Ishak, Azahar Mohamed defence’s experts, namely Professor David Lawrence
(now FCJ) and Mohd Zawawi Salleh JJCA) Wells (DW2) and Dr. Brian Leslie McDonald (D4),
who criticised the conclusions made in the report
The appellant had published in a blog an article prepared by the three doctors at HKL as well as
containing his views in relation to the Laws of the the analysis done by the Government Chemists,
Constitution of Selangor, 1959 which were said to PW5 and PW6. According to DW2 and DW4, the
be seditious. He was charged under s.4 (1)(c) of the way in which the samples were stored (i.e., in a
Sedition Act 1948 (“the Act”). By notice of motion, steel cabinet and not in a freezer), the amount of
the appellant sought for an order that s 4 of the time that eloped between the alleged sodomy and
Act was inconsistent with art 10 read together with the DNA testing and the length of time the sperm
arts 5 and 9 of the Federal Constitution and was cells were in the victim’s rectum before they were
therefore void; pursuant to that, the court should refried – all these would have had the cumulative
acquit and discharge the appellant from the charge. effect of degrading the samples to such an extent
that the respondent’s DNA could be planted.
The Court of Appeal held that s.4 (1)(c) of the Act Therefore, the appellant had succeeded in casting
does not offend the reasonable test. It was reasonable a reasonable doubt on the prosecution’s case.
because the Government has a right to preserve
public peace and order, therefore, has a good right The Court of Appeal held that the comments and
to prohibit the propagation of opinions which have criticisms by DW2 and DW4 pertaining to the
a seditious tendency. Therefore, the said section is evidence of PW5 and PW6 on their analysis and
constitutionally enacted by Parliament and remain so as to the conclusions reached by the three HKL
a valid and enforceable law until today. doctors in their report had no probative value as
to cast a reasonable doubt on the prosecution’s
“We venture to say that criticism of any case. The trial Judge failed to consider that PW5’s
Ruler in any manner or form, be it in evidence was more credible in the sense that she
writing or otherwise, be it disseminated and herself carried out the tests and analysis of the
communicated through the social media via samples as opposed to DW2 and DW4 who were
the internet or handphone is seditious if it is mere “armchair experts” and did not have the
for the purpose of belittling any Ruler or if benefit of doing analysis themselves.
it is for the purpose of removing any Ruler
or destroying the fabric of the monarchy “It is in the public interest that criminal
altogether. The internet and the handphone appeals be dealt with by the courts as soon
are powerful mechanisms for expression and as possible. Dilatory practices bring the
if they carry seditious materials, they will administration of justice into disrepute. As is
be caught under the Sedition Act.”. often pointed out, “delay is a known defence
tactic”. It is not proper for a counsel to
(Per Abdul Malik Ishak, JCA) routinely fail to expedite hearing an appeal
P.P v Dato’ Seri Anwar Ibrahim solely for the convenience of his client. Nor will
[2014] 4 CLJ 162 a failure to expedite be reasonable, if done for
the purpose of frustrating an opposing party
(Coram: Balia Yusof Wahi, Aziah Ali, Mohd to obtain rightful redress. Counsel should
Zawawi Salleh JJCA) not intentionally use procedural devices to
Dato’ Seri Anwar bin Ibrahim (“the respondent”) delay proceedings without any legal basis.”.
was charged under s.377B of the Penal Code for
committing canal intercourse against the order (Per Balia Yusof Wahi, Aziah Ali and
of nature to one Mohd Saiful Bukhari bin Azlan Mohd Zawawi Salleh, JJCA)

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A one-seater cart used by the late Tuan Syed Mohd Idid, Chief
Malay Judge of Kedah circa 1920.
(Picture courtesy of the Penang State Museum)

Nik Nazmi bin Nik Ahmad v Public Prosecutor that he be acquitted and discharged accordingly. The
[2014] 4 MLJ 157 High Court dismissed the application and upheld the
constitutionality of s.9 (1) and s.9 (5) of the PAA.
(Coram: Mohamad Ariff Md Yusof, Mah Weng
Kwai and Hamid Sultan Abu Backer JJCA) The Court of Appeal unanimously allowed the appeal
The appellant, an opposition party State Assembly, and set aside the charge against the appellant and
was charged under s. 9(1) of the Peaceful Assembly acquitted and discharged him of the same. The Court
Act 2012 (“the PAA”) which is punishable under s.9 held that s.9 (1) of the PAA to be constitutionally
(5) of the said Act. The appellant was alleged to valid as the ten (10) days’ notice requirement
have violated s.9 (1) of the PAA by failing to provide represented a reasonable restriction to the right
a ten (10) days’ notice of an assembly which he had to free assembly. However, the Court further held
organised at the stadium in Petaling Jaya in the that s.9 (5) of the PAA to be unconstitutional as it
wake of the 2013 General Elections. The appellant created a “conceptual difficulty” in purporting to
applied to the High court for orders to declare s.9 criminalise an act which was prima facie lawful
(1) and s.9 (5) of the PAA as unconstitutional and, under the PAA. Therefore, the Court held that the
further, that charges against him be set aside and dichotomy between s.9 (1) and s.9 (5) of the PAA

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rendered s.9 (5) unconstitutional and ordered that Upon revision, the finding was affirmed by the
the said provisions to be struck down. learned High Court Judge. However, the Court of
Appeal was of the view that the High Court and
“The court’s function is merely to test the the Magistrate had misdirected themselves on the
legality of an action against principles and law by applying the standard of proof of “beyond
standards established by the constitution. reasonable doubt” when considering the allegations of
Its domain is the testing of legality, not the death by suicide and death as a result of homicide.
wisdom or unwisdom of legislative action.”. The scheme and structure interlocking provisions
under Chapter XXXII of the CPC mandated a lower
(Per Mohamad Ariff Md. Yusof, JCA) standard of proof. The applicable standard should
be the civil standard of proof of “on a balance of
“Should there be any traffic violations or probabilities”.
dislocation to business activities which is
unlawful or breaches of public safety and The Court of Appeal concluded that the Teoh’s death
security, they can be adequately dealt was caused by multiple injuries from a fall from
with under existing laws such as the Road the 14th Floor of Plaza Masalam as a result of, or
Transport Act 1987, the Penal Code and which was accelerated by, an unlawful act or acts
other relevant laws by the police and other of persons unknown, inclusive of MACC officers
law enforcement agencies efficiently as they who were involved in the arrest and investigation
are already trained personnel to deal with of the deceased.
any exigencies.”.
“It needs to be emphasised that in coming
(Per Mah Weng Kwai, JCA) to our conclusion, the verdict is part of the
investigation process. No criminal or civil
“The organisers should follow the restrictions liability of any specific person or persons
stated in the Act and/or any reasonable is established. These issues will depend
restrictions stated by the police to maintain on the further investigation that should be
law and order and provide not only security but undertaken.”
proper facilities to ensure citizen to assemble
without fear and in that process does not (Per Mohamad Ariff Md. Yusof, JCA)
become victim of unexpected incidents. This
is a social responsibility for the organisers “Every effort must be made to track down
and should not be compromised for any the perpetrator or perpetrators in a thorough
reason whatsoever. If the organisers do not police investigation. No one should be spared
comply with reasonable restriction there in the investigations so that there will be
is no prohibition for the law enforcement no allegations of a cover up. And with that
agencies to take action as provided by the hopefully, there will be some closure of the
penal laws or other provisions of the CPC case for the family of Teoh Beng Hock. It is
to maintain law and order if reasonably paramount that the interest of the family
necessary taking into consideration the right of Teoh Beng Hock and public interest is
to assemble peacefully and without arms is served.”
an enshrined right.”.
(Per Mah Weng Kwai, JCA)
(Per Hamid Sultan Abu Backer, JCA)
“What is essential to note in the above chapter
Teoh Meng Kee v Public Prosecutor is that there is no provision under the CPC
[2014] 5 MLJ 741 or any other provision in Malaya for the
magistrate to act as a coroner to deliver an
(Coram: Mohamad Ariff Md Yusof, Mah Weng open verdict; or a verdict of misadventure
Kwai and Hamid Sultan Abu Backer JJCA) or death by person or persons unknown.
This case concerns the inquiry into the cause of In addition, the CPC does not require the
death of one Teoh Beng Hock under s.337 of the magistrate to place a high threshold standard
Criminal Procedure Codes (“the CPC”). Applying the of proof to arrive at a finding.”
standard of proof of beyond reasonable doubt, the
learned magistrate had arrived at an open verdict. (Per Hamid Sultan Abu Backer, JCA)

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One of the cannons mounted along the ramparts of Fort Cornwallis in Penang.
The Fort was built by Sir Francis Light, the founding father of Penang in 1786
to repel attacks from foreign military forces.

Jason Chan Huan Sen & Ors v Pendakwa Raya proceeding under s. 32 of the said Act. The burden of
[2014] MLJU 1128 & 1129 proof on the claimant under s. 35 is on the balance
of probabilities to fulfil the requirements under s.
(Coram: Zaharah Ibrahim, Azahar Mohamed 32(3) of the Act itself. That burden is shouldered
(now FCJ), Abdul Aziz Abdul Rahim, Abang by the claimant under s. 32(3) not because the
Iskandar Abang Hashim and Umi Kalthum presumption under s. 35 applies to the proceeding
Abdul Majid JJCA) under the said section but because he has to prove
his case in order that the Court is satisfied and
In this case, a forfeiture order was made by the gives judgment in his favour.
Sessions Court Judge under s.32 (3) of the Dangerous
Drugs (Forfeiture of Properties) Act 1988 (“the FOP According to the minority, Azahar bin Mohamed
Act”) in respect of a claim made by four persons
JCA (as he then was) the Court should presume
over certain properties that were seized by the
that the claimed properties to be illegal properties
police under the said Act. The order was affirmed
under s. 35 of the FOP Act on the ground that
by the High Court.
the claim proceeding is caught by the phrase “any
proceeding” under s. 32 of the Act. Hence, the
Upon hearing the parties, the majority (Zaharah
burden of proof had shifted to the appellants (the
Ibrahim JCA (as she then was), Abdul Aziz Abd
claimants) to rebut the statutory presumption on
Rahim, Abang Iskandar Abang Hashim, JJCA) was
a balance of probabilities that the said properties
of the opinion that the presumption of illegality
were not illegal properties.
under s.35 of the FOP Act does not apply in a claim

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In the manner of interpreting the FOP Act the the offences relating to acts of terrorism committed
Court had said as follows: outside Malaysia.

“The integrity of the legislative framework The Court of Appeal held that the High Court had
with its various regimes has to be maintained. clearly erred and misconceived the charges against
In that sense the provisions have to be the respondents. The intention for SOSMA was,
interpreted in such a manner as to create inter alia, to prevent Malaysia from being used as
and maintain harmony in the inter-play a terrorist haven. Further, s.2 of the SOSMA made
between its various provisions, inter se.”. it clear that the procedure laid down in SOSMA
applied to the trial of any person charged with
(Per Abang Iskandar Abang Hashim) committing any security offence under the code.
The High Court Judge therefore erred in holding
“The point to make here is this: in the that it would be an abuse of the process of court
interpretation of a provision of an Act, a to invoke the provision of SOSMA for the purpose
construction that would promote the purpose of trial of the respondents for security offences
or object underlying the Act (whether that under s.130G (a) of the PC.
purpose or object is expressly stated in the
Act or not) shall be preferred to a construction “An act of terrorism is a transnational
that would not promote that purpose or phenomenon. It has no territorial limits. It
object (see section 17A of the Interpretation transcends national borders. For instance, an
Acts 1948 and 1967). act of terrorism may be planned or hatched
within Malaysia with an intention to execute
(Per Azahar Mohamed (as he then was)) it outside Malaysia. The intention of SOSMA
is, among others, to prevent Malaysia from
Public Prosecutor v Yazid bin Sufaat & Ors being used as a terrorist haven.”
[2015] 1 MLJ 571 (Per Abu Samah Nordin, (as he then
was))
(Coram: Abu Samah Nordin (now FCJ), Azahar
Mohamed (now FCJ) and Mohd Zawawi Bird Dominic Jude v Public Prosecutor
Salleh, JJCA) [2014] 3 MLJ 745

The respondents were arrested under s.4 of the (Coram: Zulkefli CJ (Malaya), Ahmad Maarop,
Security Offences (Special Measures) Act 2012 Zainun Ali, Jeffrey Tan and Ramly Ali FCJJ)
(“SOSMA”). They were separately charged for security
offences under s.130G (a) of the Penal Code (“PC”). In this case, the appellant was acquitted and
The first respondent was charged for promoting a discharged for the offence of drug trafficking under
terrorist act with the intention of advancing an s. 39B(1) (a) of the Dangerous Drugs Act, 1952 by
ideological cause with such an act being regarded the High Court. Dissatisfied, the prosecution (“the
as a threat to the members of public in Syria. The respondent”) filed a notice of appeal against the
second and third respondents, on the other hand, said decision. At the same time a notice of motion
were charged for abetting the first respondent. The was filed under s. 56A of the Courts of Judicature
appeal before the Court of Appeal was filed by the Act, 1964 (“CJA”) to the Court of Appeal seeking a
prosecution against the High Court’s decision in warrant of arrest directing the appellant be arrested
acquitting and discharging the respondents from and remanded in prison pending the disposal of the
the charges brought against them. The High Court appeal. The Court of Appeal upon balancing the
ruled that the charges against the respondents relevant factors held that the balance of justice
were related to acts of terrorism committed outside laid in favour of admitting the appellant to bail at
Malaysia and since SOSMA was enacted pursuant RM50,000-00 with two local sureties, and in default,
to art.149 of the Federal Constitution to deal with a warrant be issued committing the appellant
action or threat committed within Malaysia, it is to prison until the disposal of the prosecution’s
clearly did not apply to the respondents’ trial for appeal. Dissatisfied, the appellant appealed to the

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Federal Court. The main issue before the Federal on 10 September 2013. The warrant itself
Court was: Whether the warrant of arrest obtained made reference to the provision of s. 56A
against him was valid and constitutional. Affirming of the CJA and the order of the court given
the Court of Appeal’s decision, the Federal Court on 10 September 2013. It is our judgment
held that s. 56A of the CJA is designed to serve that there has not been a substantial
the specific purpose of ensuring that the right of miscarriage of justice as a result of the
the prosecution to appeal is not rendered academic flawed terms of the warrant as contended
or nugatory as a result of the absence or non- by the appellant. This is because the court
attendance of an accused who had been acquitted therein was required at the second stage of
by the High Court. As long as an accused person is the inter parte hearing of the respondent’s
acquitted at the high Court, the public prosecutor application either to remand the appellant
can apply for a warrant under s 56A of the CJA. to prison or to admit him to bail. It is out
considered view that any irregularity of
“We agree with the views expressed by the the initial arrest arising from the flawed
Court of Appeal that at the first stage of terms of the warrant of arrest had been
the ex parte application, the respondent overtaken by the subsequent event when
has fulfilled the threshold requirement to the appellant was brought before the court
justify the granting of the warrant of arrest on 10 September 2013.”
directing the appellant to be brought before
the court. The said warrant of arrest was (Per Zulkefli CJ (Malaya))
issued pursuant to a valid legal power of
the court. It had been executed and the
appellant was brought before the court

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 A Staircase – Penang High Court

Chapter 10.indd 167 4/11/15 3:00 PM

Chapter 10.indd 168 4/11/15 3:00 PM
 CHAPTER 11
JUDICIAL INSIGHTS

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THE ADVANTAGES OF ARBITRATION

(A MALAYSIAN PERSPECTIVE)

By Tan Sri Datuk Amar Steve L. K. Shim

(former Chief Judge of Sabah and Sarawak)

Introduction solicitors to include arbitration clauses when drafting

contracts for clients - particularly in construction,
Recently, it was reported in the Papers that engineering, maritime, insurance contracts etc. I
in India, the Courts in Bombay alone would take believe this is still the policy of the Judiciary.
more than 400 years to clear all their cases. This
is mind-boggling indeed. The problems relating to
the backlog of cases are not peculiar to India. They The Arbitration Act 2005
transcend all countries worldwide. It is a matter
of degree. In the Malaysian context, it is common In Malaysia, arbitration is regulated by statute
knowledge that our courts are over-burdened i.e. the Arbitration Act 2005 (the Act). The Act
with cases. The backlog of cases has increased repeals and replaces the archaic Arbitration Act 1952.
exponentially over the years despite the increase It came into force on 16 March 2006 and applies
in the number of judges. The situation is likely to both domestic and international arbitrations in
to worsen with the current economic downturn. Malaysia. The Act is seen as a welcome change to
When I was still in service, it was the policy of the the law and practice of arbitration in Malaysia. It
Judiciary to encourage litigants to take advantage is long overdue. The Act is based essentially on the
of extraneous mechanisms of resolution such as United Nations Commission on International Trade
Alternative Dispute Resolutions or ADRs including Law (UNCITRAL) Model Law on International
arbitration. We had taken pains to encourage Commercial Arbitration - commonly known as the

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UNCITRAL Rules which hitherto lay exclusively and advantage of the parties concerned to take all
within the domain of the Kuala Lumpur Regional necessary steps to effect that purpose. Undoubtedly,
Centre for Arbitration (KLRCA). this would require their cooperation at every stage
of the arbitration proceedings. This cooperation
is essential if the principle of party autonomy
Definition of Arbitration is to have any relevance in effectively resolving
the disputes between the parties. The Act is
In order to assess the advantages of arbitration, replete with provisions requiring the application
it is important to understand what arbitration is of the principle. They relate more specifically to
all about. In Collins v Collins (1858) 53 ER 916, the composition of the arbitral tribunal and the
Sir John Roomily MR, explained that arbitration is conduct of arbitral proceedings.
a reference to the decision of one or more persons,
with or without an umpire, of some matter or matters
of difference between parties. This definition was Composition of Arbitrators
cited with approval by Sharma J in Chow Yoke Pui
v Tan Tuan Boon (1971) 1 MLJ 190. Arbitration The composition of an arbitral tribunal is a
has also been defined as the process by which a significant part of any arbitration proceedings.
dispute or difference between two or more parties, There are specific provisions for this in the Act.
as to their mutual rights and obligations, is referred Part II of the Act provides flexibility to the parties
to and determined judicially and with binding concerning the procedures for the appointment of
effect, by the application of law, by an arbitral arbitrators. Section 12(1) states that the parties
tribunal consisting of one or more persons, instead are free to determine the number of arbitrators.
of by a court of law. In short, it is a mechanism Where the parties fail or refuse to determine the
for the resolution of commercial disputes, usually number of arbitrators then the arbitral tribunal
in private, pursuant to an agreement between two shall consist of 3 arbitrators in the case of an
or more persons under which they agree to be international arbitration and a single arbitrator
bound by the decision of the arbitral tribunal. Any in the case of a domestic arbitration. Section
dispute which the parties have agreed to submit 13(2) states that the parties are free to agree on
to arbitration under an arbitration agreement may a procedure for appointing the arbitrator or the
be determined by arbitration unless the arbitration presiding arbitrator. The following subsections deal
is contrary to public policy. The primary object with the various situations where the parties fail
of arbitration is to obtain the fair resolution of or do not agree on the procedures for appointing
disputes of a commercial nature by an impartial arbitrators. In such situations, the arbitrators can
tribunal without unnecessary delay or expense. be appointed either by the Director of KLRCA or
the High Court, as the case may be.
Under the Act, one of the key components
therein is the element of consensus on the part of In most cases, parties are able to reach an
the parties involved. Hence, the principle of party agreement on the person or persons to be appointed
autonomy. This principle forms the cornerstone as arbitrator or arbitrators. This freedom to
of arbitrations held under the Act - indeed of all choose members of the tribunal is an important
arbitrations. Given that the object of arbitration is advantage that arbitration has over litigation. In
the attainment of a fair and speedy resolution of so doing, the parties can take into account, the
disputes by an impartial tribunal, there ought to be personality, professional qualification, experience,
a genuine desire on the part of all parties concerned availability and cost before committing themselves.
to effect that purpose. It is, I think reasonable to It is not uncommon that in litigation, long delays
assume that time is an essential factor to people are common, if not inevitable, if the Judge has no
in the business community. It has often been said experience in matters involving complex commercial
that time is money. Businessmen naturally desire to disputes.
spend more time on their businesses than spending
endless hours attending to litigation proceedings. In arbitration held under the auspices of the KLRCA,
That has been their common complaint whenever the application of the UNCITRAL Rules prevail
they attend proceedings before the courts. By but subject to modifications. Such arbitrations are
invoking the option to go for arbitration, the parties essentially international arbitrations. Under the
must have manifested a common desire to seek a UNCITRAL Rules, the principle of party autonomy
fair and speedy resolution of their disputes. In the is exemplified both in the composition of the arbitral
circumstances, it would obviously be to the benefit tribunal and in the arbitral proceeding. This is

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reflected in Sections II and III of the said Rules. v Temagami Mining Co. Ltd. (1959) 17 DLR (2nd)
More specifically, Article 6 states : 246 has observed thus:

“If a sole arbitrator is to be appointed, either “It is the duty of an arbitrator, in the absence
party may propose to the other: of express provision in the submission to the
contrary, to decide the question submitted to
(a) The name of one or more persons, one of him according to the legal rights of the parties
whom would serve as the sole arbitrator; and and not according to what he may consider
fair and reasonable under the circumstances”.
(b) If no appointing authority has been agreed
upon by the parties, the name or names of one In the process of determining disputes, the arbitrator
or more institutions or persons, one of whom has to comply with or conform to prescribed or
would serve as appointing authority.” agreed rules of procedure. These are laid down
in Chapter 5 of Part II of the Act. Section 20 is
On the conduct of arbitral proceedings, particular significant. It states that parties shall be treated
attention can be drawn to Article 15 paragraph 2 with equality and shall be given a fair and
which states: reasonable opportunity of presenting their case.
This requirement is also reflected in Article 15
“If either party so requests at any stage of paragraph 1 of the UNCITRAL Rules.
the proceedings, the arbitral tribunal shall
hold hearings for the presentation of evidence
by witnesses including expert witnesses or for The Conduct of Arbitration
oral arguement. In the absence of such request,
the arbitral tribunal shall decide whether to In the conduct of proceedings, the parties are
hold such hearings or whether the proceedings free to dictate the procedures involved. This is
shall be conducted on the basis of documents provided in Section 21(1) which stipulates that,
and other materials.” subject to the provisions of the Act, the parties are
free to agree on the procedures to be followed by
The substance of the above provisions is also the arbitral tribunal in conducting the proceedings.
reflected in our Arbitration Act 2005 (see Chapter And where the parties fail to agree, the arbitral
3 and 5 therein). The parties can also agree on the tribunal may conduct the arbitration in such
seat of arbitration and the language to be used manner as it considers appropriate. Here, I find
in the proceedings. The parties can thus define the following comments by Ms. Grace Xavier in
which place of arbitration is most convenient for her article “Comparative Study of Arbitrations in
them. On international arbitrations, negotiations Malaysia (2002) 4MLJ 1xxxix” to be pertinent.
typically result in agreements pursuant to which
the law of one party’s country is to govern the “What must not be forgotten is that arbitration
contract while the place of arbitration is to be in is a dispute resolution mechanism that has
the other party’s country. The parties also have gained popularity due to the informality of the
the freedom to choose the language in which they procedure employed in the conduct of arbitration
would like the proceedings to be conducted, unlike proceedings. The austerity of a court room is
the situation in litigation proceedings. avoided and very often, the Judge is a person
chosen by the parties themselves. In Malaysia,
Given the onerous duties bestowed upon an to further complement the non-judicious element
arbitrator, it is obviously important that the parties of arbitration, the law of evidence is excluded
should exercise care in appointing the right arbitrator from being applied to arbitration proceedings:
or arbitrators. A wrong choice can be problematic (see S.2 of the Evidence Act 1950). But this
and costly. It is said that an arbitrator is bound does not mean that arbitration proceedings can
by the rules of law like every other Judge and if be conducted in a haphazard manner. Therefore
it appears on the face of the record that he has there must be safeguards to ensure that justice
acted contrary to the law, his award may be set and fairness are not overlooked. One of the
aside (see Aubert v Maze (1801) 2 Bos & Pul 371). fundamental principles to be observed by the
An arbitrator has to decide disputes referred to arbitrator or the arbitral tribunal is to ensure
him according to the prevailing principles of law. that all parties are given a right to present
Indeed, Ludlow JA (Canada) in Faubert & Watts their case and a right to reply.”

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I mentioned earlier that it has been the consistent of binding the parties to the disputes. They have
policy of the judiciary (as I understand it) to the force of law. There is finality and certainty in
encourage parties to take advantage of arbitration the awards.
as an alternative means of resolving disputes. This
could be a reason why there is evidently a limited The High Court, as I have stated, also plays an
but controlled court intervention in arbitration effective supervisory role in arbitration proceedings.
proceedings as reflected in the Act. Perhaps the This is manifested in Section 41 of the Act which
word “intervention” may be somewhat misplaced. stipulates that any party may apply to the High
It is more appropriate to state that the court’s Court to determine any question of law arising in
involvement is both complementary and supervisory. the course of the arbitration but this has to be with
This is evident in Section 11(1) which states: the consent of every other party. Furthermore, the
applicant has to satisfy the High Court that the
“A party may, before or during arbitral determination (a) is likely to produce substantial
proceedings, apply to the High Court for any savings in costs and (b) substantially affects the
interim measure and the High Court may rights of one or more parties. It is perhaps significant
make the following orders for: to note here that subsection (4) thereof allows the
arbitration proceedings to proceed or continue,
(a) security for costs; notwithstanding the said application before the
High Court.
(b) discovery of documents and interrogatories;

(c) giving of evidence by affidavit; The Element of Confidentiality

(d) appointment of a receiver; Embedded within the principle of party autonomy

is the element of privacy or confidentiality in
(e) the preservation, interim custody or sale of arbitration proceedings. Arbitration hearings are
any property which is the subject-matter generally not open to the public. In the Asian context,
of the dispute; confidentiality in business dealings is important.
Businessmen do not like to air the commercial
(f) ensuring that any award which may be disputes in public. They are concerned about “loosing
made in the arbitral proceedings is not face”. Since arbitration proceedings are normally
rendered ineffectual by the dissipation of held in private, the parties are more inclined to
assets by a party; and reach a compromise. They may be less antagonistic
towards each other and this may well lead to the
(g) an interim injunction or any other interim continuation of the commercial relationship, even
measure.” after the termination of proceedings. The situation
is unlikely to occur where the disputes are litigated
Quite clearly, the above section empowers in the courts because of the publicity involved. Any
parties to arbitration proceedings to seek the likelihood of an on-going commercial relationship
assistance of the High Court for interim reliefs in between the parties would certainly dissipate after
appropriate cases. As such, the High Court can be a much publicised litigation.
said to play a complementary role in arbitration
proceedings. Another area relates to the recognition Be that as it may, the parties need to bear in
and enforcement of awards. This is reflected in mind that unless they have specifically agreed to
Section 38 of the Act which stipulates: confidentiality, the parties to an arbitration are not
obligated to maintain the proceedings confidential
“On an application in writing to the High and may well decide to divulge the existence and
Court, an award made in respect of a domestic details of the proceedings. Disclosure may be
arbitration or an award from a foreign state inevitable in the context of enforcement proceedings.
shall, subject to this Section and Section 39 These could be the reasons why the Act is silent
be recognised as binding and be enforced by on this score. However, the KLRCA Rules have a
entry as a judgment in terms of the award or specific provision for this in Rule 9 which states:
by action.”
“Unless the parties agree otherwise, the
This is a significant provision because it gives arbitrator and the parties must keep confidential
teeth to arbitration awards. They have the effect all matters relating to the arbitration

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proceedings. Confidentiality extends also to (3) In respect of an international arbitration

the award, except where its disclosure is where the seat is in Malaysia -
necessary for purposes of implementation and
enforcement.” (a) Parts I, II & IV of this Act shall apply;
and

Conclusion (b) Part III of this Act shall not apply unless
the parties agree otherwise in writing.”
The Act of 2005 applies to both domestic
arbitrations and international arbitrations. These This “opt-in”, “opt-out” provision is another clear
are defined in the Act. It is interesting to note the manifestation of the concept of party autonomy in
provisions in Section 3 of the Act. Sub sections (2) arbitrations. In this respect, the Act has resurrected
& (3) thereof are pertinent. They state as follows: the original purpose of arbitration which is a dispute
resolution mechanism centred on party consensus.
“(2) In respect of a domestic arbitration, where At the same time, the Act has also captured the
the seat of arbitration is in Malaysia - modern trends that have transcended into arbitral
proceedings. It has, to a great extent, liberalised
(a) Parts I, II & IV of this Act shall apply; Malaysian arbitration jurisprudence in consonant with
and the concepts and ideals embodied in the UNCITRAL
Model Law. In moving with the times, the Act has
(b) Part III of this Act shall apply unless the restated the primary objective of ensuring that
parties agree otherwise in writing. parties to arbitrations are able to resolve their
disputes fairly, speedily and economically. In my
view, that is the single most important advantage
of arbitration.

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Royal Splendour

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NATIVE CUSTOMARY RIGHTS IN SABAH:

WHO HAS ORIGINAL JURISDICTION?

By Justice David Wong Dak Wah

(A) Introduction (B) Nature of jurisdiction

1. Native customary rights over lands in Sabah 2. In the context of Sabah, one of the contentious
have always been a contentious area of law issues is the nature of jurisdiction of the High
as those rights are recognized and protected Court in respect of claims on native customary
under the Sabah Land Ordinance. Until rights over lands i.e whether the High Court
recently, all disputes arising from claims may exercise its original jurisdiction in
for native customary rights over lands were hearing such claims? This issue is of utmost
resolved at the Land Collector’s level which importance because if the High Court was only
is part of the Lands and Survey Department exercising its appellate jurisdiction, then the
of Sabah of which the Director of the same final appellate court is the Court of Appeal
is the head. However, of late the scenario is since our Federal Court only has jurisdiction
different in that these disputes have found to hear an appeal in respect of a judgment
their place in our High Court and this is to or order handed down by the Court of Appeal
be expected as the concept of native customary which emanated from a decision of the High
rights in this country is now recognised as a Court in exercise of its original jurisdiction as
substantive common law right which cannot be found in the landmark case of Tio Chee Hing
extinguished by the State without payment of v United Overseas Bank (M) Bhd [2013]
compensation. (see Superintendent of Land 2 CLJ 910. The Federal Court there found
& Surveys Miri Division & Anor v Madeli that the High Court in hearing appeals from
Salleh [2007] 6 CLJ 509). the Director of Lands and Survey of Sabah

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was only exercising its appellate jurisdiction decision of the Director, whether original
as can be seen from this passage of the or an appeal, to the Court
judgment:
Provided that no appeal shall be admitted –
“To fortify our view, Section 41 of the
Sabah Land Ordinance clearly legislates (a) after the expiration of thirty days
that (similar to Income Tax Act) an appeal from the date of the order or decision
shall lie from any order or decision of the appealed against;
Director, whether original or an appeal
to the Court. Section 4 of this Ordinance (b) until the prescribed fees shall have
provides “Court” means “High Court”. been paid;

It is succinctly legislated in Section 41 (c) if it is expressly provided that the

that no Court shall exercise jurisdiction order or decision shall be final or if any
as to any claim or question in respect of other form of appeal is prescribed;
which jurisdiction is given by the Sabah
Land Ordinance to the director. Certainly (d) from any decision of the Director
it bars the High Court from exercising an under section 9 of the Ordinance.
original jurisdiction thus leaving it only an
Appellate Jurisdiction”. Jurisdiction of Courts barred

3. It is pertinent to note that the jurisdictional (2) Except as herein provided, no Court
point considered by the Federal Court was only shall exercise jurisdiction as to any
confined to the context of an appeal arising claim or question in respect of which
from any order or decision of the Director jurisdiction is given by this Ordinance
under s. 41 of the Sabah Land Ordinance to a Collector or the Director.
and the jurisdiction issue on whether the
High Court has the original jurisdiction to (C) Darinsok 1 and Darinsok 2
hear a claim on native customary rights over
lands in Sabah has not been adjudicated by 5. The above provisions were considered by the
the apex Court of the country. This has given Court of Appeal in Darinsok Pangiran Apan
some space and judicial freedom to the High & Ors v. Hap Seng Consolidated Bhd & Ors
Court to develop this area of law. Hence it is [2011] 6 CLJ 733 (Darinsok 1). The facts there
the intent of this paper to provide some ‘food were these. The Plaintiff brought a representative
for thought’ as succinctly put by the learned action on behalf of the native communities
Judicial Commissioner (as he then was) in vested with native title and customary rights
Grace Mark Sdn Bhd & Ors v The Persons at the Tongod Region seeking declaration and
in Occupation of Lands Held Under Title injunctive reliefs against the 4th Defendant
No CL105545533 & 6 other CL, District of (the Director of Lands and Survey, Sabah)
Tawau [2012] 10 CLJ 406. who had approved an application from the 1st
Defendant of a piece of land and alienated a
4. As a starting point, let us look at sections 14 country lease land to the 1st Defendant. The
and 41 of Sabah Land Ordinance which provide substance of the Plaintiff’s claim was that
as follows: they have native customary rights to the land
alienated to the 1st Defendant and the aforesaid
14. Claims to native customary rights shall alienation by the 4th Defendant was wrongful
be taken down in writing by the headman and unconstitutional. The Defendants then
or by the Collector, and shall be decided took out an application to strike out the writ
by the Collector. and statement of claim on the ground that the
High Court has no jurisdiction to determine
Appeal: claims for native customary rights by the
Plaintiffs. The learned Judicial Commissioner
41. (1) An appeal shall lie from any order sustained the argument and struck out the
or decision of a Collector, Surveyor or case. On appeal to the Court of Appeal, the
Registrar given under this Ordinance to learned Judicial Commissioner’s decision was
the Director, and again from any order or upheld.

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6. The Court of Appeal (Darinsok 1) gave the (6) Under s. 41(1), an appeal shall
following construction to the provisions of the lie from any order or decision of the
Sabah Land Ordinance: ACLR to the Director, and again from
any order or decision of the Director,
[12] In our view, the question for whether original or on appeal, to the
determination in the instant appeal may High Court. The proviso to s. 41(1) sets
be stated as follows: out the circumstances which preclude
an appeal, but those circumstances
Upon a true construction of ss. 13, 14, are irrelevant to the instant
15, 16, 41 and 69, does the High Court appeal.
have any original jurisdiction to hear
and determine the plaintiffs’ NCR claim? (7) Section 41(2) provides for the
ACLR’s original jurisdiction to hear
[13] We would first outline below the and determine NCR claims, so that no
procedure contained in the Ordinance court shall exercise any jurisdiction as
regulating applications for land in Sabah to any claim or question in respect of
and NCR claims, as follows: which the original jurisdiction is given
to the ACLR.
(1) Section 9 gives the Director of
Lands and Surveys (“the Director”) the (8) Section 69 requires all claims to
power to alienate state land, subject to land based upon customary tenure to
any general or special direction of the be decided by the ACLR acting under
Minister. s. 82, subject to the appeal created in
ss. 41 and 84.
(2) Section 12 provides that an application
for state land is to be made to the (9) Section 84 provides that all land
Director or the Collector and shall be which has not been claimed or the claim
substantially in the form of Schedule which had been rejected shall become
III. absolutely the property of the State
Government.
(3) Section 13 provides for the publication
of a notice to ascertain NCR. Upon [14] It is abundantly clear to us that the
receiving any application for unalienated High Court does not have any original
country land, it shall be the duty of the jurisdiction to hear the plaintiffs’ NCR
collector to publish a notice calling upon claim. Specifically, under s. 14, the plaintiffs’
any NCR claimant who is not yet in NCR claim has to be decided in the first
possession of a registered documentary instance by the ACLR. Thereafter, if the
title to make or send in a statement of plaintiffs are dissatisfied with the ACLR’s
his claim within a date to be specified decision, the plaintiffs may invoke the first
in the notice. If no claim is made, the limb of s. 41(1) to appeal to the Director.
land shall be dealt with as if no such The plaintiffs may thereafter bring their
rights existed. appeal (relating to their NCR claim) to
the High Court under the second limb of
(4) Section 14 requires that claims to s. 41(1). The plaintiffs do not have the
NCR shall be taken down in writing by right to commence their NCR claim in
eg, the ACLR who shall decide thereon. the High Court in order to urge the High
Court to exercise its original jurisdiction.
(5) Section 15 sets out the circumstances In other words, they may only proceed
that NCR shall be held. Upon the NCR by way of appeal to the High Court and
having been established, s. 16 provides seek the court’s assistance via appellate
for the NCR to be dealt with either jurisdiction. The plaintiffs should have
by way of monetary compensation or waited for the ACLR’s decision on their
a grant of the land to the claimant, in pending application before the ACLR. If
which case a title shall be issued under they are dissatisfied with the ACLR’s
Part IV. decision, they may appeal to the Director

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and if they are still dissatisfied with the (D) Different approach taken by the High Court
Director’s decision, they may further appeal recently
to the High Court.
10. However in two recent cases, the High Court
7. On appeal to the Federal Court under appeal of Sandakan has taken a different approach
No 08-449-07-2013 and 08-436-06-2013, the to the construction of the relevant provisions
aforesaid decision of the Court of Appeal in the Sabah Land Ordinance as to the nature
(Darinsok 1) was set aside as during the of the jurisdiction of the High Court. The two
hearing of the appeal the Federal Court became cases are Grace Mark Sdn Bhd & Ors v
aware that there were two pending appeals to The Persons in Occupation of Lands Held
the High Court Judge relating to a decision Under Title No CL105545533 & 6 other CL,
of the Deputy Registrar who had dismissed District of Tawau [2012] 10 CLJ 406 and
an application to strike out the suit under Borneo Samudera Sdn Bhd v Uttoh Bin
Order 18 rule 19. The Federal Court instead Ajak & 28 Others (Sdk – 24-78/10-2011).
of hearing the appeal against the decision of
Court of Appeal (Darinsok 1) remitted the 11. The learned Judicial Commissioner in the two
matter to the High Court before another Judge cases did not see it fit to follow the construction
to hear the appeals from the Deputy Registrar given in Darinsok 1. In Grace Mark, the
which the High Court did and dismissed the learned Judicial Commissioner decided to
same. follow the judgment in Haji Abdillah Bin
Haji Abdul Hamid v Assistant Collector
8. On appeal to the Court of Appeal (Darinsok 2) of Land Revenue, Semporna, The State
as reported in [2014] 1 MLJ 335, the appeal Government of Sabah [T21-58 of 2006] where
was dismissed on the ground that the suit was the learned Judge relied on the Federal Court
not one which ought to have been struck out Judgment in Madeli case and found that native
summarily as there are issues which ought customary right over land is a common law
to be tried in a full trial. In the words of the right and litigants are entitled to enforce that
Court of Appeal, they read as follows: right in the Courts as opposed to making the
claims before the Collector. This is what the
“The issues raised in this appeal and the relief learned Judge said:
sought thereof did not relate to jurisdiction of
the Court but concerned matters relating to the “According to the Defendants the Plaintiffs’
Plaintiffs’ constitutional rights and common claims ought to fail not least because the
law rights. Whether the Plaintiffs succeed or Court has no jurisdiction to determine native
not is a matter to be tried by the trial Judge customary rights by virtue of section 41(2)
who has to take into consideration the decision of the Land Ordinance which expressly
of the Court of Appeal as well as the Federal provides that no Court shall exercise
Court” jurisdiction as to any claim or question
in respect of which jurisdiction claim is
9. Hence it is quite clear that the construction given in the Ordinance to a Collector or
of the relevant provisions of the Sabah Land Director (see Burhan Bin Ating & 418
Ordinance given by the Court of Appeal (Darinsok Ors v Director of Land and Surveys
1) was not deliberated on by the Federal Court & 2 Others (1992) 2 CLJ 1203)”
or the subsequent Court of Appeal (Darinsok
2). The construction by Court of Appeal I need only refer to the Federal Court
(Darinsok 1) is similar to the one adopted by case of Superintendent of Land and
numerous High Court decisions in Ismail Hj Surveys, Miri Division & Anor v Madeli
Yunus & 2 Ors (For themselves and on Salleh [2007] 6 CLJ 509 to demolish the
behalf of 300 Ors) v Syarikat Kerjasama foregoing propositions advanced on behalf
Perkembangan Tanah Pagagau Berhad of the Defendants which were based on
& Ors [1994] 4 CLJ 701, Burhan Ating & statutes enacted after the rights had been
Ors v Directors of Lands and Surveys & acquired and exercised by the Plaintiffs’
Ors [1992] 2 CLJ 211 and Hiew Kat Kee v respective ancestors. The relevant parts
Sading Aring, The State Government of of the headnote reads:
Sabah & Ors (Third Party) [2011] 1 LNS
768.

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 THE MALAYSIAN JUDICIARY
YEARBOOK 2014

(1) The proposition of law as enunciated in In other words, it has no retrospective

the two cases Adong Kuwau (supra) and force. The respondent’s claim in this
Nor Anak Nyawai (supra) reflected the case arose from circumstances which
common law position with regard to native occurred prior to the Ordinance, since
titles throughout the Commonwealth. his father and his forefather had been
And it was held by Brennan J, Mason in occupation of the said land prior to
CJ and McHugh J, concurring, in the 1922. It was not in dispute that the
Australian case of Mabo (No.2) that respondent was born on the said land
by the common law, the Crown may in 1922.
acquire a radical title or ultimate title
to the land but the Crown did not (7).... this court wholly agreed with the
thereby acquire beneficial ownership of view expressed in Adong Kuwau (supra)
the land. The Crown’s right or interest and Nor Anak Nyawai (supra) that
is subject to any native rights over common law respects the pre-existence
such land. They adopted the view of or rights under native laws or customs”.
the Privy Council in Amodu Tijani v
Secretary, Southern Nigeria, where The arguments advanced on behalf
the Privy Council in appeal from the of the Defendants are patently
Supreme Court of Nigeria held that unsustainable in the light of the foregoing
radical title to land held by the White judicial pronouncements of our Apex
Cap Chiefs of Lagos is in the Crown, Court.”
but a full usufructuary title vests in
a chief on behalf of the community of 12. In Borneo Samudera, a case decided after
which he is head. That usufructuary Grace Mark, the same Judicial Commissioner
title was not affected by the cession to made a distinction between pre and post 1930
the British Crown in 1861; the system native customary rights claims. Any claim
of Crown grants must be regarded as to a customary right pre- the Sabah Land
having been introduced mainly, if not Ordinance, being a common law claim, can be
exclusively, for conveyancing purposes. made in the Courts while any claim to any
Although the instant case dealt with such customary right post- the Sabah Land
individual rights and not communal Ordinance must be made before the Collector.
rights, the principle applicable was This is what the Judicial Commissioner
the same. Adong Kuwau & Ors v says:
Kerajaan Negeri Johor & Anor (foll);
Mabo (No. 2) (foll); Amodu Tijani v The claim for Native Customary Rights
Secretary, southern Nigeria (foll), litigated whether in the High Court or
(paras 22 & 23); before the Assistant Collector of Land
Revenue largely depends on the manner
(2) Native holdings are not only recognized how the pleadings are drafted. This is
by the 1920 Regulations, but where essential because litigants such as the
possible, such holdings may even be 30th defendant Hj Ahdah and the orang
registered. Registration, however, is not a Kampong of Kg. Batu Putih should know
necessary prerequisite for such holdings of their legal position. They must know the
to be recognized. In the light of this, it NCR to the land they are now claiming
was erroneous to hold, as was held by are pre or post the 1930 Land Ordinance.
the learned Judicial Commissioner in the This will enable them to prosecute their
present case, that native customary rights claim at the proper forum and for them
in Sarawak were only created by s 66 to collect and assemble their evidence to
of the Ordinance. What s 66 purported prove their claim. Not all claims to NCR
to do was to stipulate new conditions can be litigated in Court. Provisions in
before native customary rights could be our Land Ordinance have clearly spelt
recognized after the coming into force out that where the land ordinance had
of the Ordinance. It does not purport given the Director of Lands and Surveys
to nullify native customary rights that Department jurisdiction to hear matters,
had been acquired or recognized prior to that matter should be heard as per the
the coming into force of the Ordinance. Land Ordinance.

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 THE MALAYSIAN JUDICIARY
YEARBOOK 2014

If the NCR claims arose after 1930 then 16. In Sabah, there is no dispute that native
that claim must go to the collector or his customary rights existed prior to the 1930
designated officer such as the Assistant Sabah Land Ordinance. In fact, prior to 1930,
Collector of Land Revenue. the British Administration had acknowledged
the existence of native customary rights and
If the NCR claim arose prior to 1930, had set out a procedural regime for natives to
then common law prevail, litigants make their claims. This can be seen in Article
are free to seek declarations from the 9 of the Charter to the East India Company
Court. signed on 1.11.1881 which reads as follows:

13. From my reading of the two aforesaid judgments, “In the administration of justice by the
the learned Judicial Commissioner appears to Company to the people of Borneo, or to any
make a finding that native customary rights of the people of Borneo, or to any of the
pre- Sabah Land Ordinance are common law inhabitants thereof, careful regard shall be
rights while native customary rights post-Sabah always be had to the customs and law of
Land Ordinance are statutory in nature. With the class or tribe or nation to which the
respect, the learned Judicial Commissioner parties respectively belong, especially with
does not appear to state his rationale for that regard to the holding possession, transfer
conclusion except to rely on the judgment of and disposition of lands and goods, and
Madeli. testate or intestate succession thereto, and
marriage, divorce and legitimacy, and other
14. Madeli is a native customary rights case rights of property and personal rights.”
emanating from Sarawak and the central issue
there was simply whether Malaysian common 17. Further, in a legislation under Proclamation
law recognizes native customary rights over 9 of 1902, Land Rules were made to regulate
land. It was the argument of the then learned native tenure. The intention of the Land Rules
Attorney General of Sarawak that reliance on was to set out the procedures in which claims
Nor Anak Nyawai which adopts the principle for native customary rights could be made by
that common law recognises native customary the natives. Sections 1 and 5 in effect made
rights over land is misguided as it is premised registrations of native customary rights claims
upon common law of another jurisdiction, a prerequisite condition for such claims to be
namely Australia in the Mabo (No 2)(1992) valid. Section 25 which bears resemblance
HCA 23. Collateral to that contention, it was to section 14 of the Sabah Land Ordinance
contended that native customary rights can only requires native customary rights claims to
be created by legislation and in the context be acknowledged by either the headman or
it was first recognised in s.66 of the Land collector and the determination of the validity
Settlement Ordinance Cap 27. That argument of such claims rests with the collector. That
was rejected by the Federal Court which in the being the case, can it be said that there is a
clearest language states that native customary distinction between claims pre- and post- the
right over land is a common law right in this Sabah Land Ordinance as proposed by the
country, further equating it to “substantive learned Judicial Commissioner? The Sabah
law which has the force and effect as written Land Ordinance like the 1920 Proclamation 9
law”. is nothing but a piece of legislation setting out
a clear procedure as to how claims to native
15. Thus in Madeli case, the Federal Court was customary rights are to be dealt with by the
confronted with the contention that native relevant authority.
customary rights are not common law rights
and can only be created by statute. When that 18. There is no express extinguishment of native
contention was rejected, the effect is simply customary rights in the 1930 Sabah Land
if a native can establish his claim for native Ordinance. In fact it continues to acknowledge
customary rights prior to 1958, those rights the existence of native customary rights. What
continue to subsist even after the 1958 Land Code. the aforesaid provisions intend to do are simply
to put in place a procedural regime in which
(E) The existence of native customary rights in native customary rights over lands can be
Sabah established even after the coming into force of
the aforesaid Ordinance, which claim should

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 THE MALAYSIAN JUDICIARY
YEARBOOK 2014

be before the Collector. It should be noted learned Judge opined that native customary
that there is no such procedural regime in the rights can be considered as ‘right to livelihood’.
Sarawak Land Code, hence there is no dispute The Court of Appeal in Darisok (No 2) talks
that in Sarawak native customary rights over of constitutional rights when refusing to strike
lands can be made in the High Court as have out the suit summarily. The same sentiments
been done all along. are expressed by the Right Honourable Chief
Judge of Sabah and Sarawak in the Sarawak
(F) Claims for native customary rights should be case of Bato Bagi & Ors v Kerajaan Negeri
decided in the first instance by the Collector Sarawak & Another Appeal [2011] 6 MLJ
297 where he said this:
19. It appears quite clear from the foregoing
discussion that claims to native customary “I would like to make another note on
rights over lands in Sabah should be made the use of Order 53 of the Rules of the
before the Collector. Then why is it, of late, High Court 1980 in cases involving native
lawyers are trying their luck in the High customary rights. This point was touched
Courts which now appear to be sympathetic upon in Jalang’s case by the Courts below.
to such claims. One of the reasons may be With respect, I find that it is highly unfair
that lawyers feel more comfortable when they and prejudicial to insist upon natives to
prosecute their cases in Court especially when proceed by way of Order 53 when they
the issues are constitutional in nature involving seek to enforce a constitutional right by
complex legal arguments. The Court’s view of way of declaration to that effect.
native customary rights as a constitutional
right probably has also given the impetus Although it does, to a certain extent, fall
to lawyers to come straight to the Court for within the realm of public law, I am of
adjudication of such right. the view that it tilts more towards the
vindication of a private right which is
20. Further, there appears to be real fear of bias recognized both under statute and at
and conflict when the Collector is determining common law (which pre-existed statute).
a claim for a native customary right over a Another way of looking at it is to consider
piece of land which had been alienated to it as an exception to O’Reilly v Mackman
the registered owner when such alienation is (1982) 3 All ER 1124”
granted by the Director of Lands and Survey
Sabah pursuant to section 9 of the Sabah Land If one of course looks at native customary rights
Ordinance who in fact is the superior of the from the perspective of a right to livelihood
Collector. The enquiry of that native customary and the superior Courts as guardian of the
right would no doubt require the Collector Federal Constitution, few would dispute the
to look into the decision of his superior in rights of natives to enforce their claims to
alienating the land. This raises the question right to livelihood in the superior Courts. I
whether such a provision is an affront to the have no doubt that the Courts in their judicial
basic rule of ‘fair play’ and hence invalid? wisdom and appropriate activism will find
ways to reconcile with the express provision
(G) The Constitutional Right Point of making claims for native customary rights
before the Collector. A case in point is R Rama
21. The change in attitude of the Courts could well Chandran v. Industrial Court of Malaysia
be that native customary rights are not merely & Anor [1997] 1 CLJ 147, where the Federal
common law rights, they are now equated to Court in its majority decision observed that
constitutional rights. Justice Ian Chin in Nor there is no bar in opting for judicial review
Anak Nyawai v Borneo Pulp Plantations despite the existence of section 33A of the
Sdn Bhd [2001] 6 MLJ 241 first stated that Industrial Relations Act. His Lordship Edgar
native customary rights are protected by Article Joseph Jr. FCJ stated that:
5(1) of the Federal Constitution which provides
that no person shall be deprived of his life or “With regard to assumption (b): It is
personal liberty save in accordance with law. impossible to say that had the Employee
Relying on the case of Tan Tek Seng @ Tan proceeded by way of a Reference under s.
Chee Meng v Suruhanjaya Perkhidmatan 33A to the High Court , he was bound to
Pendidikan & Anor [1996] 1 MLJ 261, the have succeeded. It is axiomatic, that the

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 THE MALAYSIAN JUDICIARY
YEARBOOK 2014

prospects of success or failure in litigation judicial review in such cases. But, the
can seldom, if ever, be predicted, with current was too strong to be stopped, or
certainty. He may, as likely as not, have even slowed down. That provision became a
failed, and had he failed, his case would dead letter. The courts continued and even
have ended in the High Court for there is expanded the grounds for their interference.
no provision enabling him to take the matter Whether we like it or not, that is now the
further to a higher Court. But having - as law and we accept it.
it turned out, wisely - elected to proceed by
way of Judicial Review under O. 53, and (H) Legislative amendments are required
failed in the High Court he was able to
successfully take his case up to this Court. 23. If I may conclude by saying that the State
Legislature should review the Sabah Land
In these circumstances, it is difficult to Ordinance, a piece of legislation enacted some 85
see, how the employee could be criticised years ago and update it to reflect its relevancy
for having elected to proceed by way of to the world we find ourselves in today. One
judicial review under O. 53 instead of a glaring flaw of the Sabah Land Ordinance is the
reference on a question of law under s. absence of an express provision relating to the
33A. Indeed, from his point of view, it is indefeasibility of title of an alienated land, which
fortunate that he did so.” is the basic foundation of a Torrens System of
land registration, found in the National Land
22. The aforesaid case has been followed by the Code and the Sarawak Land Code. Another area
Court of Appeal in Telekom Malaysia Kawasan in the Sabah Land Ordinance which needs to
Utara v. Krishnan Kutty Sanguni Nair be looked into is the foreclosure proceedings in
& Anor [2002] 3 CLJ 314 and Pendaftar respect of charged properties. Presently, such
Pertubuhan Malaysia v. PV Das; Datuk M proceedings are being heard by the Collectors
Kayveas (Intervener) [2003] 3 CLJ 404. In as opposed to under the National Land Code
the latter case, Abdul Hamid Mohamad JCA and the Sarawak Land Code where they are
(as His Lordship then was) justified the Court’s heard by the Courts. Needless to say the
intervention premised on the development of Courts are better equipped than Collectors
the law in the country. This is what he said: to decide on foreclosure proceeding especially
when they are highly contested by the chargor/
To the argument that s. 18C should be borrower. Finally, the s.13 notice provision
given similar interpretation as s. 33B of in the Ordinance calling for claims for native
the Industrial Relations Act 1967 we would customary rights should also be looked into
like to point out that prior to 30 May as the weakness of the aforesaid section has
1980, there were no provisions similar to been clearly set out by the learned Judicial
ss. 33A and 33B. With the “development” Commissioner in Borneo Samudera.
of administrative law taking place in this
country during that period, Parliament 24. Meanwhile the legal profession awaits an
thought it fit to insert ss. 33A and 33B opportune time when the Federal Court has the
in the Act. There is no doubt that the occasion to decide the nature of the jurisdiction
intention was to curtail if not to prevent of the High Court of Sabah on matters relating
the courts in the exercise of its power of to claims for native customary rights.

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 THE MALAYSIAN JUDICIARY
YEARBOOK 2014

Mace on the Bench of one of the High Court rooms, Penang.

184
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 Appendix A
malaya

Appendix A1.indd 185 4/13/15 2:24 PM

 The malaysian judiciary
Yearbook 2014

1. PERLIS to December 2014, the total number of civil cases

registered was 212 (excluding cases for Code 29, 31
1.1 IN THE HIGH COURT AT KANGAR – and 32). The High Court has managed to dispose
CIVIL of 299 cases throughout the year 2014.

The tracking chart below shows the registration As at 31 December 2014, the total number of civil
and disposal of cases in the High Court at Kangar cases pending in the High Court at Kangar is 384
for the year 2014. For the period from January as reflected in the ageing list below.

TRACKING CHART
IN THE HIGH COURT AT KANGAR (CIVIL)
JANUARY-DECEMBER 2014

180
160

140

120
No. of Cases

100

80
60

40
20

Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 178 148 129 144 135 116 121 129 123 129 120 118

Registration 13 12 46 12 14 23 16 15 13 14 11 23

Disposal 43 31 31 21 33 18 8 21 7 23 13 50

AGEING LIST
IN THE HIGH COURT AT KANGAR (CIVIL)
AS AT 31 DECEMBER 2014

CODES

YEAR 11 12 TOTAL
13 14 15 16 17 18 21 22 22A 23 24 24A 25 26 27 28 29 31 32 33 34
A B A B

2010

2011

2012 1 5 6

2013 5 1 2 1 131 140

2014 1 2 1 3 25 2 5 4 25 3 4 156 1 6 238

TOTAL 1 2 1 8 25 2 7 6 25 3 5 292 1 6 384

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 The malaysian judiciary
Yearbook 2014

1.2 IN THE HIGH COURT AT KANGAR- CRIMINAL

For Criminal Cases in the year 2014, a total number of 59 cases including appeals and trials were
registered and 60 cases were disposed of, leaving a balance of 41 cases pending.

TRACKING CHART
IN THE HIGH COURT AT KANGAR (CRIMINAL)
JANUARY-DECEMBER 2014

50
45
40
35
No. of Cases

30
25
20
15
10
5
0
Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14
Balance Last Month 42 36 32 31 36 37 36 35 38 39 43 45

Registration 3 0 15 11 5 3 2 4 2 6 8 0

Disposal 9 4 16 6 4 4 3 1 1 2 6 4

AGEING LIST
IN THE HIGH COURT AT KANGAR (CRIMINAL)
AS AT 31 DECEMBER 2014

CODES

YEAR 41 41A 42 42A 44 39B 302 396 KIDNAP F/ARMS OTHERS TOTAL
43
A/C S Ors A/C S Ors A/C S Ors A/C S Ors Hbc Ors 45 46 45 46 45 46 45 46 45 46 45 46

2010

2011 1 1

2012 1 1

2013 5 6 3 4 18

2014 6 3 1 7 1 1 1 1 21

TOTAL 6 3 1 12 8 3 5 1 1 1 41

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 The malaysian judiciary
Yearbook 2014

2. KEDAH to December 2014, the total number of civil cases

registered was 3314 (excluding cases for Code 29,
2.1 IN THE HIGH COURT AT ALOR SETAR 31 and 32). The High Court has managed to dispose
- CIVIL of 2943 cases throughout the year 2014.

The tracking chart below shows the registration and As at 31 December 2014, the total number of civil
disposal of cases in the High Court at Alor Setar cases pending in the High Court at Alor Setar is
for the year 2014. For the period from January 3605 as reflected in the ageing list below.

TRACKING CHART
IN THE HIGH COURT AT ALOR SETAR (CIVIL)
JANUARY-DECEMBER 2014

1400

1200

1000

800

600
No. of Cases

400

200
0

Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 869 906 870 990 1049 1033 1090 1055 1072 1090 1141 1224

Registration 270 316 423 367 255 286 190 197 261 229 275 245

Disposal 233 352 303 308 271 229 225 180 243 178 192 229

AGEING LIST
IN THE HIGH COURT AT ALOR SETAR (CIVIL)
AS AT 31 DECEMBER 2014

CODES

YEAR 11 12 TOTAL
13 14 15 16 17 18 21 22 22A 23 24 24A 25 26 27 28 29 31 32 33 34
A B A B

2008 1 1
2009 1 1
2010 1 1 2
2011 1 1 2
2012 4 2 5 2 91 104
2013 1 2 36 2 20 3 6 1 568 3 642
2014 14 73 18 47 401 3 5 3 17 67 1 1 276 124 16 1698 4 4 81 2853

TOTAL 14 74 18 49 442 3 5 3 22 95 2 6 282 124 17 2357 4 4 84 3605

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 The malaysian judiciary
Yearbook 2014

2.2 IN THE HIGH COURT AT ALOR SETAR – CRIMINAL

For Criminal Cases in the year 2014, a total number of 252 cases including appeals and trials were
registered and 220 cases were disposed of, leaving a balance of 196 cases pending.

TRACKING CHART
IN THE HIGH COURT AT ALOR SETAR (CRIMINAL)
JANUARY-DECEMBER 2014

250

200
No. of Cases

150

100

50

0
Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14
Balance Last Month 164 172 174 174 165 176 180 188 195 203 207 200

Registration 24 16 16 20 28 24 24 18 27 19 17 19

Disposal 16 14 16 29 17 20 16 11 19 15 24 23

AGEING LIST
IN THE HIGH COURT AT ALOR SETAR (CRIMINAL)
AS AT 31 DECEMBER 2014

CODES

YEAR 41 41A 42 42A 44 39B 302 396 KIDNAP F/ARMS OTHERS TOTAL
43
A/C S Ors A/C S Ors A/C S Ors A/C S Ors Hbc Ors 45 46 45 46 45 46 45 46 45 46 45 46

2010

2011

2012 3 3 6

2013 6 6 1 1 1 1 14 9 1 1 41

2014 32 18 2 1 37 20 1 1 1 30 1 2 1 2 149

TOTAL 38 24 3 2 37 21 2 1 1 47 1 14 1 1 2 1 196

189
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 The malaysian judiciary
Yearbook 2014

3. PULAU PINANG to December 2014, the total number of civil cases

registered was 4732 (excluding cases for Code 29,
3.1 IN THE HIGH COURT AT GEORGETOWN 31 and 32). The High Court has managed to dispose
– CIVIL of 4765 cases throughout the year 2014.

The tracking chart below shows the registration and As at 31 December 2014, the total number of civil
disposal of cases in the High Court at Georgetown cases pending in the High Court at Georgetown is
for the year 2014. For the period from January 4397 as reflected in the ageing list below.

TRACKING CHART
IN THE HIGH COURT AT GEORGETOWN (CIVIL)
JANUARY-DECEMBER 2014

1800
1600
1400
1200
No. of Cases

1000
800
600
400
200

Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 1535 1542 1527 1519 1547 1448 1428 1471 1452 1421 1365 1420

Registration 426 316 429 407 394 328 396 408 450 404 394 380

Disposal 419 331 437 467 403 342 353 426 481 460 339 307

AGEING LIST
IN THE HIGH COURT AT GEORGETOWN (CIVIL)
AS AT 31 DECEMBER 2014

CODES

YEAR 11 12 TOTAL
13 14 15 16 17 18 21 22 22A 23 24 24A 25 26 27 28 29 31 32 33 34
A B A B

1996 1 1

2003 1 1

2008 4 1 5

2009 11 3 14

2010 31 3 34

2011 1 19 1 2 23

2012 4 4 62 2 1 12 2 2 89

2013 1 29 28 1 79 9 10 8 3 218 2 2 20 410

2014 22 44 15 63 1 99 4 7 24 165 21 345 35 43 4 48 2908 66 77 214 4205

TOTAL 22 45 15 96 1 127 4 7 27 373 30 357 36 52 5 57 3140 70 79 236 4782

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 The malaysian judiciary
Yearbook 2014

3.2 IN THE HIGH COURT AT GEORGETOWN - CRIMINAL

For Criminal Cases in the year 2014, a total number of 305 cases including appeals and trials were
registered and 260 cases were disposed of, leaving a balance of 213 cases pending.

TRACKING CHART
IN THE HIGH COURT AT GEORGETOWN (CRIMINAL)
JANUARY-DECEMBER 2014

250

200
No. of Cases

150

100

50

Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14
Balance Last Month 168 165 165 163 160 159 157 179 173 179 188 197

Registration 27 22 17 21 22 19 56 14 25 21 28 33

Disposal 30 22 19 24 23 21 34 20 19 12 19 17

AGEING LIST
IN THE HIGH COURT AT GEORGETOWN (CRIMINAL)
AS AT 31 DECEMBER 2014

CODES

YEAR 41 41A 42 42A 44 39B 302 396 KIDNAP F/ARMS OTHERS TOTAL
43
A/C S Ors A/C S Ors A/C S Ors A/C S Ors Hbc Ors 45 46 45 46 45 46 45 46 45 46 45 46

2006 4 4

2007

2008 1 1

2009

2010

2011

2012 1 2 5 2 10

2013 2 1 6 2 6 2 8 3 30

2014 34 8 1 52 11 1 11 3 2 5 34 5 1 168

TOTAL 36 9 1 58 14 1 17 5 2 5 49 13 1 2 213

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 The malaysian judiciary
Yearbook 2014

4. PERAK For the period from January to December 2014,

the total number of civil cases registered was
4.1 IN THE HIGH COURT AT IPOH – CIVIL 3648 (excluding cases for Code 29, 31 and 32). The
High Court has managed to dispose of 3702 cases
The tracking chart below shows the registration throughout the year 2014.
and disposal of cases in the High Court at Ipoh
for the year 2014. As at 31 December 2014, the total number of civil
cases pending in High Court at Ipoh is 2952 as
reflected in the ageing list below.

TRACKING CHART
IN THE HIGH COURT AT IPOH (CIVIL)
JANUARY-DECEMBER 2014

1200

1000

800
No. of Cases

600

400

200

Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 1003 963 1011 879 893 838 865 829 820 925 829 907

Registration 298 314 288 347 256 277 277 323 319 320 297 332

Disposal 338 266 420 333 311 250 313 332 214 416 219 290

AGEING LIST
IN THE HIGH COURT AT IPOH (CIVIL)
AS AT 31 DECEMBER 2014

CODES

YEAR 11 12 TOTAL
13 14 15 16 17 18 21 22 22A 23 24 24A 25 26 27 28 29 31 32 33 34
A B A B

2007 1 1
2010 1 1
2011 4 4
2012 1 1
2013 1 3 3 5 1 61 1 75
2014 35 2 59 5 8 6 2 86 452 3 1 31 1822 28 91 239 2870

TOTAL 35 3 62 8 8 6 2 97 453 3 1 31 1883 28 92 240 2952

192
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 The malaysian judiciary
Yearbook 2014

4.2 IN THE HIGH COURT AT IPOH- CRIMINAL

For Criminal Cases in the year 2014, a total number of 305 cases including appeals and trials were
registered and 376 cases were disposed of, leaving a balance of 123 cases pending.

TRACKING CHART
IN THE HIGH COURT AT IPOH (CRIMINAL)
JANUARY-DECEMBER 2014

300

250

200
No. of Cases

150

100

50

0
Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14
Balance Last Month 194 200 195 213 240 248 234 205 182 154 133 146

Registration 32 22 36 50 16 17 14 28 19 28 29 14

Disposal 26 27 18 23 8 31 43 51 47 49 16 37

AGEING LIST
IN THE HIGH COURT AT IPOH (CRIMINAL)
AS AT 31 DECEMBER 2014

CODES

YEAR 41 41A 42 42A 44 39B 302 396 KIDNAP F/ARMS OTHERS TOTAL
43
A/C S Ors A/C S Ors A/C S Ors A/C S Ors Hbc Ors 45 46 45 46 45 46 45 46 45 46 45 46

2010 1 1

2011 1 1 2

2012 1 2 4 7

2013 1 6 1 1 5 6 20

2014 16 30 1 1 6 12 4 3 2 6 8 1 1 2 93

TOTAL 17 30 1 1 12 12 7 3 3 13 19 2 1 2 123

193
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 The malaysian judiciary
Yearbook 2014

4.3 IN THE HIGH COURT AT TAIPING - registered was 724 (excluding cases for Code 29, 31
CIVIL and 32). The High Court has managed to dispose
of 748 cases throughout the year 2014.
The tracking chart below shows the registration
and disposal of cases in the High Court at Taiping As at 31 December 2014, the total number of civil
for the year 2014. For the period from January cases pending in High Court at Taiping is 575 as
to December 2014, the total number of civil cases reflected in the ageing list below.

TRACKING CHART
IN THE HIGH COURT AT TAIPING (CIVIL)
JANUARY-DECEMBER 2014

250

200
No. of Cases

150

100

50

Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-15
Balance Last Month 201 188 197 196 182 176 190 200 208 181 192 196
Registration 59 55 72 54 38 66 70 70 55 70 59 56
Disposal 72 46 73 68 44 52 60 62 82 59 55 75

AGEING LIST
IN THE HIGH COURT AT TAIPING (CIVIL)
AS AT 31 DECEMBER 2014

CODES

YEAR 11 12 TOTAL
13 14 15 16 17 18 21 22 22A 23 24 24A 25 26 27 28 29 31 32 33 34
A B A B

2010 2 3 5

2011 5 1 6

2012 2 8 1 11

2013 2 5 29 1 37

2014 11 17 2 1 8 11 36 9 2 9 332 23 13 42 516

TOTAL 11 17 2 1 14 32 37 9 2 9 362 23 13 43 575

194
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 The malaysian judiciary
Yearbook 2014

4.4 IN THE HIGH COURT AT TAIPING - CRIMINAL

For Criminal Cases in the year 2014, a total of number of 168 cases including appeals and trials were
registered and 148 cases were disposed of, leaving a balance of 102 cases pending.

TRACKING CHART
IN THE HIGH COURT AT TAIPING (CRIMINAL)
JANUARY-DECEMBER 2014

120

100
No. of Cases

80

60

40

20

Jan-14 Feb-14 May-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14
Balance Last Month 82 84 76 86 86 89 98 85 91 91 90 96
Registration 15 16 14 13 11 20 8 13 13 13 17 15
Disposal 13 24 4 13 8 1 21 7 13 14 11 9

AGEING LIST
IN THE HIGH COURT AT TAIPING (CRIMINAL)
AS AT 31 DECEMBER 2014

CODES

YEAR 41 41A 42 42A 44 39B 302 396 KIDNAP F/ARMS OTHERS TOTAL
43
A/C S Ors A/C S Ors A/C S Ors A/C S Ors Hbc Ors 45 46 45 46 45 46 45 46 45 46 45 46

2010

2011 4 1 5

2012 2 2 4

2013 5 2 4 1 12

2014 34 5 1 8 7 1 5 13 6 1 81

TOTAL 34 5 1 8 7 1 5 24 2 13 1 1 102

195
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 The malaysian judiciary
Yearbook 2014

5. KUALA LUMPUR at Kuala Lumpur for the year 2014. For the period
from January to December 2014, the total number
5.1 IN T H E HI G H COUR T A T K UA L A of OCvC cases disposed of was 161 (excluding cases
LUMPUR – CIVIL DIVISION for Code 29, 31 and 32) throughout the year 2014.

Old Civil Court (OCvC) Cases As at 31 December 2014, the total number of OCvC
cases pending in the Civil Division in the High
The tracking chart below shows the disposal of Court at Kuala Lumpur is 73 cases as reflected
OCvC cases in the Civil Division in the High Court in the ageing list below.

TRACKING CHART
IN THE HIGH COURT AT KUALA LUMPUR (OCvC)
JANUARY-DECEMBER 2014

250

200

150
No. of Cases

100

50

Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 196 161 142 125 116 110 111 111 100 100 85 79

Registration 3 6 0 4 3 4 7 0 3 2 4 2

Disposal 38 25 17 13 9 3 7 11 3 17 10 8

AGEING LIST
IN THE HIGH COURT AT KUALA LUMPUR (OCvC)
AS AT 31 DECEMBER 2014

CODES

YEAR 11 12 TOTAL
13 14 15 16 17 18 21 22 22A 23 24 24A 25 26 27 28 29 31 32 33 34
A B A B

2002 2 2

2005 1 1

2006 1 1

2007 1 5 6

2008 1 6 2 9

2009 6 20 4 1 31

2010 1 20 1 1 23

TOTAL 9 55 7 1 1 73

196
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 The malaysian judiciary
Yearbook 2014

New Civil Court (NCvC) Cases 4972 (excluding cases for Code 29, 31 and 32). The
High Court has managed to dispose of 5298 cases
The tracking chart below shows the registration throughout the year 2014.
and disposal of NCvC cases in the Civil Division
in the High Court at Kuala Lumpur for the year As at 31 December 2014, the total number of NCvC
2014. For the period from January to December cases pending in the High Court at Kuala Lumpur
2014, the total number of civil cases registered was is 1618 as reflected in the ageing list below.

TRACKING CHART
IN THE HIGH COURT AT KUALA LUMPUR (NCvC)
JANUARY-DECEMBER 2014

1800
1600
1400
1200
1000
800
No. of Cases

600
400
200
0

Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 1658 1623 1502 1430 1344 1217 1228 1266 1296 1291 1325 1300

Registration 546 424 505 426 375 385 362 392 367 422 381 387

Disposal 581 545 577 512 502 374 324 362 372 388 406 355

AGEING LIST
IN THE HIGH COURT AT KUALA LUMPUR (NCvC)
AS AT 31 DECEMBER 2014

CODES

YEAR 11 12 TOTAL
13 14 15 16 17 18 21 22 22A 23 24 24A 25 26 27 28 29 31 32 33 34
A B A B

2011 2 6 3 11

2012 12 61 14 87

2013 1 17 98 18 4 138

2014 44 29 64 79 2 39 356 47 436 146 140 1382

TOTAL 44 29 64 79 3 70 521 82 440 146 140 1618

197
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 The malaysian judiciary
Yearbook 2014

Family Court Cases High Court has managed to dispose of 2215 cases
throughout the year 2014.
The tracking chart below shows the registration
and disposal of Family Court cases in the Civil As at 31 December 2014, the total number of
Division in the High Court at Kuala Lumpur for the Family Court cases pending in the Civil Division
year 2014. For the period of January to December in the High Court at Kuala Lumpur is 733 cases
2014, the total civil cases registered was 2458. The as reflected in the ageing list below.

TRACKING CHART
IN THE HIGH COURT AT KUALA LUMPUR (FAMILY)
JANUARY-DECEMBER 2014

800

700
600
No. of Cases

500

400

300
200

100
0

Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 490 428 378 390 459 425 466 490 544 563 696 667

Registration 187 169 238 245 198 201 198 186 191 212 204 204

Disposal 249 219 226 176 232 160 174 132 172 79 138 138

AGEING LIST
IN THE HIGH COURT AT KUALA LUMPUR (FAMILY)
AS AT 31 DECEMBER 2014

CODES

YEAR 11 12 TOTAL
13 14 15 16 17 18 21 22 22A 23 24 24A 25 26 27 28 29 31 32 33 34
A B A B

2010

2011 1 1

2012 6 6

2013 7 46 53

2014 66 606 1 673

TOTAL 73 659 1 733

198
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 The malaysian judiciary
Yearbook 2014

Construction Court were 126. The High Court has managed to dispose
of 121 cases throughout the year 2014.
The tracking chart below shows the registration
and disposal of Construction Court cases in the As at 31 December 2014, the total number of
Civil Division in the High Court at Kuala Lumpur construction cases pending in the Civil Division in
for the year 2014. For the period of January to the High Court at Kuala Lumpur is 58 as reflected
December 2014, the total civil cases registered in the ageing list below.

TRACKING CHART
IN THE HIGH COURT AT KUALA LUMPUR (CONSTRUCTION)
JANUARY-DECEMBER 2014

80

70

60

50
No. of Cases

40

30

20

10

Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 53 54 49 51 57 60 60 69 64 68 65 60

Registration 10 11 10 11 12 8 12 7 14 12 7 12

Disposal 9 16 8 5 9 8 3 12 10 15 12 14

AGEING LIST
IN THE HIGH COURT AT KUALA LUMPUR (CONSTRUCTION)
AS AT 31 DECEMBER 2014

CODES

YEAR 11 12 TOTAL
13 14 15 16 17 18 21 22 22A 23 24 24A 25 26 27 28 29 31 32 33 34
A B A B

2010

2011

2012

2013 1 6 1 8

2014 1 3 2 2 36 6 50

TOTAL 1 3 2 3 42 7 58

199
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 The malaysian judiciary
Yearbook 2014

5.2 IN T H E HI G H COUR T A T K UA L A December 2014, the total number of cases registered

LUMPUR – APPELLATE AND SPECIAL POWERS was 1357. The High Court has managed to dispose
DIVISION of 1608 cases throughout the year 2014.

The tracking chart below shows the registration As at 31 December 2014, the total number of cases
and disposal of cases in the Appellate and Special pending in the Appellate and Special Powers Division
Powers Division in the High Court at Kuala Lumpur in the High Court at Kuala Lumpur is 289 cases
for the year 2014. For the period from January to as reflected in the ageing list below.

TRACKING CHART
IN THE HIGH COURT AT KUALA LUMPUR (APPELLATE & SPECIAL POWERS)
JANUARY-DECEMBER 2014

600

500

400
No. of Cases

300

200

100

Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 540 314 307 283 275 265 260 242 228 222 258 267

Registration 126 159 80 42 84 61 172 135 143 126 136 93

Disposal 352 166 104 50 94 66 190 149 149 90 127 71

200
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 The malaysian judiciary
Yearbook 2014

AGEING LIST
IN THE HIGH COURT AT KUALA LUMPUR (APPELLATE & SPECIAL POWERS)
AS AT 31 DECEMBER 2014

CODES

YEAR 11 12 TOTAL
13 14 15 16 17 18 21 22 22A 23 24 24A 25 26 27 28 29 31 32 33 34
A B A B

2004 1 1

2007 1 1 2

2008 1 1

2010 1 1

2011

2012 5 5

2013 4 1 4 43 52

2014 16 8 21 22 160 227

TOTAL 1 20 8 23 1 26 210 289

201
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 The malaysian judiciary
Yearbook 2014

5.3 IN T H E HI G H COUR T A T K UA L A 2014. For the period from January to December

LUMPUR – COMMERCIAL DIVISION 2014, the total NCC cases registered were 2589.
The High Court has managed to dispose of 2509
NCC Cases cases throughout the year 2014.

The tracking chart below shows the registration and As at 31 December 2014, the total number of NCC
disposal of NCC cases in the Commercial Division cases pending in the High Court at Kuala Lumpur
in the High Court at Kuala Lumpur for the year is 708 as reflected in the ageing list below.

TRACKING CHART
IN THE HIGH COURT AT KUALA LUMPUR (NCC)
JANUARY-DECEMBER 2014

900
800
700
600
500
No. of Cases

400
300
200
100
0

Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 628 625 633 777 742 612 623 624 664 614 627 673

Registration 229 213 292 206 173 182 189 221 213 201 254 216

Disposal 232 205 148 241 303 171 188 181 263 188 208 181

AGEING LIST
IN THE HIGH COURT AT KUALA LUMPUR (NCC)
AS AT 31 DECEMBER 2014

CODES

YEAR 11 12 TOTAL
13 14 15 16 17 18 21 22 22A 23 24 24A 25 26 27 28 29 31 32 33 34
A B A B

2010 2 2

2011 7 7

2012 20 1 21

2013 27 2 2 31

2014 22 4 34 18 1 200 101 20 247 647

TOTAL 22 4 34 18 1 256 103 21 249 708

202
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 The malaysian judiciary
Yearbook 2014

Muamalat Cases registered was 362. The High Court has managed
to dispose of 360 cases throughout the year 2014.
The tracking chart below shows the registration
and disposal of Muamalat cases in the Commercial As at 31 December 2014, the total number of
Division in the High Court at Kuala Lumpur for Muamalat cases pending in the High Court at Kuala
the year 2014. For the period from January to Lumpur is 56 as reflected in the ageing list below.
December 2014, the total number of Muamalat cases

TRACKING CHART
IN THE HIGH COURT AT KUALA LUMPUR (MUAMALAT)
JANUARY-DECEMBER 2014

80
70
60
50
40
No. of Cases

30
20
10
0

Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 54 45 57 50 61 67 52 65 73 61 58 65

Registration 19 34 29 38 48 20 39 33 29 23 25 25

Disposal 28 22 36 27 42 35 26 25 41 26 18 34

AGEING LIST
IN THE HIGH COURT AT KUALA LUMPUR (MUAMALAT)
AS AT 31 DECEMBER 2014

CODES

YEAR 11 12 TOTAL
13 14 15 16 17 18 21 22 22A 23 24 24A 25 26 27 28 29 31 32 33 34
A B A B

2010

2011 1 1

2012 1 1

2013 1 1

2014 2 27 24 53

TOTAL 2 30 24 56

203
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 The malaysian judiciary
Yearbook 2014

Intellectual Property Cases As at 31 December 2013, the total number of

Intellectual Property cases pending in the Commercial
The tracking chart below shows the registration Division in the High Court at Kuala Lumpur is 69
and disposal of intellectual property cases in the as reflected in the ageing list below.
Commercial Division in the High Court at Kuala
Lumpur for the year 2014. As for criminal intellectual property cases, there
was only one case that was registered in 2014 and
For the period from January to December 2014, the this case has been disposed of. As at 31 December
total number of civil cases registered was 115. The 2014, there are no criminal intellectual property
High Court has managed to dispose of 105 cases cases pending.
throughout the year 2014.

TRACKING CHART
IN THE HIGH COURT AT KUALA LUMPUR (INTELLECTUAL PROPERTY)
JANUARY-DECEMBER 2014

90
80
70
60
50
No. of Cases

40
30
20
10
0

Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14
Balance Last Month 59 55 61 71 73 73 77 80 75 69 72 70

Registration 5 13 13 14 7 10 9 9 7 12 6 10

Disposal 9 7 3 12 7 6 6 14 13 9 8 11

AGEING LIST
IN THE HIGH COURT AT KUALA LUMPUR (INTELLECTUAL PROPERTY)
AS AT 31 DECEMBER 2014

CODES
YEAR 11 12 TOTAL
13 14 15 16 17 18 21 22 22A 23 24 24A 25 26 27 28 29 31 32 33 34
A B A B
2010
2011 2 2
2012 1 1
2013 6 1 7
2014 45 14 59
TOTAL 54 15 69

204
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 The malaysian judiciary
Yearbook 2014

Admiralty Court High Court has managed to dispose of 64 cases

throughout the year 2014.
The tracking chart below shows the registration
and disposal of admiralty cases in the High Court As at 31 December 2014, the total number of
at Kuala Lumpur for the year 2014. admiralty cases pending in the High Court at Kuala
Lumpur is 50 as reflected in the ageing list below.
For the period from January to December 2014,
the total admiralty cases registered was 79. The

TRACKING CHART
IN THE HIGH COURT AT KUALA LUMPUR (ADMIRALTY)
JANUARY-DECEMBER 2014

60

50

40

30
No. of Cases

20

10

Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 35 32 26 26 34 37 41 39 37 45 50 50

Registration 3 3 8 16 6 7 3 2 10 8 8 5

Disposal 6 9 8 8 3 3 5 4 2 3 8 5

AGEING LIST
IN THE HIGH COURT AT KUALA LUMPUR (ADMIRALTY)
AS AT 31 DECEMBER 2014

CODES

YEAR 11 12 TOTAL
13 14 15 16 17 18 21 22 22A 23 24 24A 25 26 27 28 29 31 32 33 34
A B A B

2010

2011

2012

2013 5 5

2014 45 45

TOTAL 50 50

205
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 The malaysian judiciary
Yearbook 2014

Bankruptcy Division The High Court has managed to dispose of 6519

cases throughout the year 2014.
The tracking chart below shows the registration
and disposal of bankruptcy cases in the High Court As at 31 December 2014, the total number of
at Kuala Lumpur for the year 2014. bankruptcy cases pending in the High Court at
Kuala Lumpur is 6509 as reflected in the ageing
For the period from January to December 2014, list below.
the total bankruptcy cases registered was 8283.

TRACKING CHART
IN THE HIGH COURT AT KUALA LUMPUR (BANKRUPTCY)
JANUARY-DECEMBER 2014

7000

6000

5000
No. of Cases

4000

3000

2000

1000

0
Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14
Balance Last Month 4328 4196 5860 6036 5735 5657 5902 5932 6213 6361 6434

Registration 443 2099 626 593 667 556 556 666 580 591 428

Disposal 575 435 450 894 745 311 526 385 432 518 353

AGEING LIST
IN THE HIGH COURT AT KUALA LUMPUR (BANKRUPTCY)
AS AT 31 DECEMBER 2014
CODES

YEAR 11 12 TOTAL
13 14 15 16 17 18 21 22 22A 23 24 24A 25 26 27 28 29 31 32 33 34
A B A B

2010

2011 3 3

2012 15 15

2013 1362 1362

2014 5129 5129

TOTAL 6509 6509

206
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 The malaysian judiciary
Yearbook 2014

5.4 IN T H E HI G H COUR T A T K UA L A The High Court has managed to dispose of 551

LUMPUR – CRIMINAL DIVISION cases throughout the year 2014.

The tracking chart below shows the registration As at 31 December 2014, the total number of
and disposal of criminal cases in the High Court criminal cases pending in the High Court at Kuala
at Kuala Lumpur for the year 2014. Lumpur is 423 as reflected in the ageing list below.

For the period of January to December 2014, the

total number criminal cases registered was 582.

TRACKING CHART
IN THE HIGH COURT AT KUALA LUMPUR (CRIMINAL)
JANUARY-DECEMBER 2014

450
400
350
300
No. of Cases

250
200
150
100
50
0
Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 392 403 398 383 399 411 406 428 411 411 410 423

Registration 49 35 35 64 57 57 64 25 50 39 51 56

Disposal 38 40 50 48 45 62 42 42 50 40 38 56

AGEING LIST
IN THE HIGH COURT AT KUALA LUMPUR (CRIMINAL)
AS AT 31 DECEMBER 2014

CODES

YEAR 41 41A 42 42A 44 39B 302 396 KIDNAP F/ARMS OTHERS SOSMA TOTAL
43
A/C S Ors A/C S Ors A/C S Ors A/C S Ors Hbc Ors 45 46 45 46 45 46 45 46 45 46 45 46 45 46

2006 1 1

2010 2 2

2011 16 1 1 2 20

2012 1 20 2 4 1 1 2 2 33

2013 3 2 1 39 6 1 7 1 4 9 3 1 2 2 1 4 86

2014 23 32 1 4 1 47 23 5 10 1 2 47 51 8 8 2 3 1 12 281

TOTAL 27 34 2 4 1 122 34 6 21 2 2 1 53 64 11 1 12 4 4 2 16 423

207
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 The malaysian judiciary
Yearbook 2014

6. SELANGOR to December 2014, the total number of civil cases

registered was 7335 (excluding cases for Code 29,
6.1 IN THE HIGH COURT AT SHAH ALAM 31 and 32). The High Court has managed to dispose
– CIVIL of 7434 throughout the year 2014.

The tracking chart below shows the registration and As at 31 December 2014, the total number of civil
disposal of cases in the High Court at Shah Alam cases pending in High Court at Shah Alam is 8529
for year the 2014. For the period from January as reflected in the ageing list below.

TRACKING CHART
IN THE HIGH COURT AT SHAH ALAM (CIVIL)
JANUARY-DECEMBER 2014

3000

2500

2000
No. of Cases

1500

1000

500

0
Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 2657 2393 2380 188 2342 2250 2186 2193 2193 2195 2441 2456

Registration 465 587 653 57 588 636 629 628 612 603 584 653

Disposal 729 600 756 46 680 700 632 618 610 357 569 551

208
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 The malaysian judiciary
Yearbook 2014

AGEING LIST
IN THE HIGH COURT AT SHAH ALAM (CIVIL)
AS AT 31 DECEMBER 2014

CODES

YEAR 11 12 TOTAL
13 14 15 16 17 18 21 22 22A 23 24 24A 25 26 27 28 29 31 32 33 34
A B A B

1992 1 1

2002 1 1

2003

2004 1 1

2005 1 1

2006 2 2

2007 1 3 3 7

2008 9 9

2009 1 1 5 13 1 21

2010 4 12 16

2011 2 3 1 1 7

2012 1 20 6 26 1 3 1 3 61

2013 1 34 4 16 106 1 9 12 9 1 1 2 8 2 8 214

2014 28 30 117 154 17 12 25 417 8 16 785 41 33 1 173 5843 76 42 370 8188

TOTAL 28 30 120 188 44 12 61 594 11 28 798 41 46 2 1 176 5851 76 44 378 8529

209
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 The malaysian judiciary
Yearbook 2014

6.2 IN THE HIGH COURT AT SHAH ALAM– CRIMINAL

For Criminal Cases in the year 2014, a total number of 1179 cases including appeals and trials were
registered and 1118 cases were disposed of, leaving a balance of 1058 cases pending.

TRACKING CHART
IN THE HIGH COURT AT SHAH ALAM (CRIMINAL)
JANUARY-DECEMBER 2014

250

200
No. of Cases

150

100

50

Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 997 1016 1021 1057 1010 1014 1048 1046 996 1042 1050 1069

Registration 79 108 104 74 108 86 92 57 130 117 114 110

Disposal 60 103 68 121 104 52 94 107 84 109 95 121

AGEING LIST
IN THE HIGH COURT AT SHAH ALAM (CRIMINAL)
AS AT 31 DECEMBER 2014

CODES

YEAR 41 41A 42 42A 44 39B 302 396 KIDNAP F/ARMS OTHERS TOTAL
43
A/C S Ors A/C S Ors A/C S Ors A/C S Ors Hbc Ors 45 46 45 46 45 46 45 46 45 46 45 46

2008 1 1

2009 1 1

2010 10 2 1 13

2011 1 19 2 5 6 4 1 38

2012 1 1 19 5 10 45 14 1 2 98

2013 20 6 1 43 25 1 11 2 97 26 6 1 13 252

2014 153 32 1 7 133 65 10 5 4 25 131 58 12 2 17 655

TOTAL 175 39 1 8 225 97 1 38 7 4 25 280 103 18 1 3 33 1058

210
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 The malaysian judiciary
Yearbook 2014

7. NEGERI SEMBILAN to December 2014, the total number of civil cases

registered was 2358 (excluding cases for Code 29,
7.1 IN THE HIGH COURT AT SEREMBAN 31 and 32). The High Court has managed to dispose
– CIVIL of 2456 cases throughout the year 2014.

The tracking chart below shows the registration and As at 31 December 2014, the total number of civil
disposal of cases in the High Court at Seremban cases pending in the High Court at Seremban is
for the year 2014. For the period from January 3334 as reflected in the ageing list below.

TRACKING CHART
IN THE HIGH COURT AT SEREMBAN (CIVIL)
JANUARY-DECEMBER 2014

800

700

600

500
No. of Cases

400

300

200

100

0
Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 738 697 699 210 627 623 615 594 569 558 557 533

Registration 161 197 201 210 209 185 201 186 179 196 193 240

Disposal 202 195 205 278 213 193 222 211 190 197 217 133

AGEING LIST
IN THE HIGH COURT AT SEREMBAN (CIVIL)
AS AT 31 DECEMBER 2014

CODES

YEAR 11 12 TOTAL
13 14 15 16 17 18 21 22 22A 23 24 24A 25 26 27 28 29 31 32 33
A B A B

2007 1 1

2010 3 3

2011 2 2

2012 16 16

2013 2 4 20 3 2 1252 1 1284

2014 10 4 5 33 10 7 54 335 10 6 5 1300 51 91 107 2028

TOTAL 10 4 5 35 14 7 96 338 10 6 7 2552 51 91 108 3334

211
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 The malaysian judiciary
Yearbook 2014

7.2 IN THE HIGH COURT AT SEREMBAN - CRIMINAL

For Criminal Cases in the year 2014, a total number of 341 cases including appeals and trials were
registered and 319 cases were disposed of, leaving a balance of 164 cases pending.

TRACKING CHART
IN THE HIGH COURT AT SEREMBAN (CRIMINAL)
JANUARY-DECEMBER 2014

200
180
160
140
No. of Cases

120
100
80
60
40
20
0
Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 142 155 153 149 129 148 147 160 182 161 156 152

Registration 25 35 19 31 28 33 29 38 19 25 25 34

Disposal 12 37 23 51 9 34 16 16 40 30 29 22

AGEING LIST
IN THE HIGH COURT AT SEREMBAN (CRIMINAL)
AS AT 31 DECEMBER 2014

CODES

YEAR 41 41A 42 42A 44 39B 302 396 KIDNAP F/ARMS OTHERS TOTAL
43
A/C S Ors A/C S Ors A/C S Ors A/C S Ors Hbc Ors 45 46 45 46 45 46 45 46 45 46 45 46

2010

2011 2 2

2012 1 1 2 4

2013 1 7 1 3 12

2014 43 5 1 57 9 3 4 1 3 6 7 1 1 5 146

TOTAL 45 6 1 64 10 3 4 1 3 10 10 1 1 5 164

212
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 The malaysian judiciary
Yearbook 2014

8. MALACCA to December 2014, the total number of civil cases

registered was 1362 (excluding cases for Code 29,
8.1 IN THE HIGH COURT AT MALACCA – 31 and 32). The High Court has managed to dispose
CIVIL of 1405 cases throughout the year 2014.

The tracking chart below shows the registration As at 31 December 2013, the total number of civil
and disposal of cases in the High Court at Malacca cases pending in the High Court at Malacca is 1458
for the year 2014. For the period from January as reflected in the ageing list below.

TRACKING CHART
IN THE HIGH COURT AT MALACCA (CIVIL)
JANUARY-DECEMBER 2014

160

140

120
100
No. of Cases

80

60
40

20

0
Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 442 398 345 379 414 406 431 437 475 470 423 392

Registration 82 77 134 170 103 115 132 119 130 101 86 111

Disposal 126 130 100 135 111 90 126 81 135 148 119 104

AGEING LIST
IN THE HIGH COURT AT MALACCA (CIVIL)
AS AT 31 DECEMBER 2014

CODES

YEAR 11 12 TOTAL
13 14 15 16 17 18 21 22 22A 23 24 24A 25 26 27 28 29 31 32 33 34
A B A B

2009 2 2

2010 5 5 10

2011 5 10 15

2012 7 16 23

2013 12 147 1 160

2014 2 4 10 8 125 3 2 2 7 37 2 86 20 2 1 11 843 19 19 45 1248

TOTAL 2 4 10 8 125 3 2 2 7 68 2 86 20 2 1 11 1021 19 19 46 1458

213
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 The malaysian judiciary
Yearbook 2014

8.2 IN THE HIGH COURT AT MALACCA- CRIMINAL

For Criminal Cases in the year 2014, a total number of 235 cases including appeals and trials were
registered and 271 cases were disposed of, leaving a balance of 110 cases pending.

TRACKING CHART
IN THE HIGH COURT AT MALACCA (CRIMINAL)
JANUARY-DECEMBER 2014

160

140

120
100
No. of Cases

80

60
40

20

0
Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 146 136 126 133 130 129 119 115 116 109 123 116

Registration 16 18 31 23 18 21 27 16 19 24 16 6

Disposal 26 28 24 26 19 31 31 15 26 10 23 12

AGEING LIST
IN THE HIGH COURT AT MALACCA (CRIMINAL)
AS AT 31 DECEMBER 2014

CODES

YEAR 41 41A 42 42A 44 39B 302 396 KIDNAP F/ARMS OTHERS TOTAL

43

A/C S Ors A/C S Ors A/C S Ors A/C S Ors Hbc Ors 45 46 45 46 45 46 45 46 45 46 45 46

2010

2011 1 1 2

2012 2 1 3 6

2013 3 2 2 1 3 1 12

2014 28 6 32 7 1 2 1 7 5 1 90

TOTAL 28 6 2 35 9 3 3 1 12 8 2 1 110

214
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 The malaysian judiciary
Yearbook 2014

9. JOHOR January to December 2014, the total number of

civil cases registered was 6363 (excluding cases for
9.1 IN THE HIGH COURT AT JOHOR BAHRU Code 29, 31 and 32). The High Court has managed
– CIVIL to dispose of 6065 cases throughout the year 2014.

The tracking chart below shows the registration As at 31 December 2014, the total number of civil
and disposal of cases in the High Court at Johor cases pending in the High Court at Johor Bahru is
Bahru for the year 2014. For the period from 4907 as reflected in the Ageing list below.

TRACKING CHART
IN THE HIGH COURT AT JOHOR BAHRU (CIVIL)
JANUARY-DECEMBER 2014

1800
1600
1400
1200
1000
No. of Cases

800
600
400
200
0
Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14
Balance Last Month 1261 1161 1256 1319 1280 1361 1361 1619 1453 1370 1337 1392

Registration 462 495 288 568 480 513 670 499 513 478 562 524

Disposal 562 400 536 607 399 513 412 665 596 511 507 357

AGEING LIST
IN THE HIGH COURT AT JOHOR BAHRU (CIVIL)
AS AT 31 DECEMBER 2014

CODES

YEAR 11 12 TOTAL
13 14 15 16 17 18 21 22 22A 23 24 24A 25 26 27 28 29 31 32 33 34
A B A B

1995 1 1

2002 1 1

2009 2 2

2010 1 1

2011 3 3

2012 2 1 1 4

2013 98 11 6 1 1 100 217

2014 6 13 15 33 1 390 3 12 3 20 96 3 15 532 52 21 1 45 3179 39 29 170 4678

TOTAL 6 13 15 33 1 488 3 12 3 20 114 3 25 533 52 22 1 45 3280 39 29 170 4907

215
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 The malaysian judiciary
Yearbook 2014

9.2 IN THE HIGH COURT AT JOHOR BAHRU - CRIMINAL

For Criminal Cases in the year 2014, a total number of 402 cases including appeals and trials were
registered and 367 cases were disposed of, leaving the balance of 163 cases pending.

TRACKING CHART
IN THE HIGH COURT AT JOHOR BAHRU (CRIMINAL)
JANUARY-DECEMBER 2014

250

200
No. of Cases

150

100

50

0
Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 128 113 121 121 135 165 167 169 204 196 189 178

Registration 27 23 35 42 56 13 30 53 46 30 29 18

Disposal 42 15 35 28 26 11 28 18 54 37 40 33

AGEING LIST
IN THE HIGH COURT AT JOHOR BAHRU (CRIMINAL)
AS AT 31 DECEMBER 2014

CODES

YEAR 41 41A 42 42A 44 39B 302 396 KIDNAP F/ARMS OTHERS TOTAL
43
A/C S Ors A/C S Ors A/C S Ors A/C S Ors Hbc Ors 45 46 45 46 45 46 45 46 45 46 45 46

2010

2011

2012 1 1

1
2013 1 1 1 2 3 11 4 2 26
(SO)

2014 30 6 24 10 2 2 4 2 13 30 11 1 1 136

TOTAL 31 7 24 11 4 5 4 2 13 42 15 1 2 1 1 163

216
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 The malaysian judiciary
Yearbook 2014

9.3 IN THE HIGH COURT AT MUAR– CIVIL 31 and 32). The High Court has managed to dispose
of 1676 cases throughout the year 2014.
The tracking chart below shows the registration
and disposal of cases in the High Court at Muar As at 31 December 2014, the total number of civil
for the year 2014. For the period from January cases pending in the High Court at Muar is 1376
to December 2014, the total number of civil cases cases as reflected in the ageing list below.
registered was 1633 (excluding cases for Code 29,

TRACKING CHART
IN THE HIGH COURT AT MUAR (CIVIL)
JANUARY-DECEMBER 2014

400

350

300

250

200
No. of Cases

150

100
50

Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 351 330 300 329 364 332 357 352 330 338 362 310

Registration 157 114 151 166 127 131 132 119 118 156 144 118

Disposal 178 144 122 131 159 106 137 141 110 132 196 120

AGEING LIST
IN THE HIGH COURT AT MUAR (CIVIL)
AS AT 31 DECEMBER 2014

CODES

YEAR 11 12 TOTAL
13 14 15 16 17 18 21 22 22A 23 24 24A 25 26 27 28 29 31 32 33 34
A B A B

2010

2011 2 1 3

2012 1 1 5 7

2013 2 21 1 1 113 1 139

2014 1 6 8 22 48 1 1 1 42 1 64 8 7 874 37 43 63 1227

TOTAL 1 6 8 22 49 1 1 4 70 3 64 8 1 7 987 37 44 63 1376

217
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 The malaysian judiciary
Yearbook 2014

9.4 IN THE HIGH COURT AT MUAR – CRIMINAL

For Criminal Cases in the year 2014, a total number of 134 cases including appeals and trials were
registered and 146 cases were disposed of, leaving the balance of 109 cases pending.

TRACKING CHART
IN THE HIGH COURT AT MUAR (CRIMINAL)
JANUARY-DECEMBER 2014

140

120

100

80

60
No. of Cases

40

20

Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 121 112 107 120 110 105 107 119 116 118 114 115

Registration 9 5 21 7 14 9 17 9 16 7 10 10

Disposal 18 10 8 17 19 7 5 12 14 11 9 16

AGEING LIST
IN THE HIGH COURT AT MUAR (CRIMINAL)
AS AT 31 DECEMBER 2014

CODES

YEAR 41 41A 42 42A 44 39B 302 396 KIDNAP F/ARMS OTHERS TOTAL
43
A/C S Ors A/C S Ors A/C S Ors A/C S Ors Hbc Ors 45 46 45 46 45 46 45 46 45 46 45 46

2010

2011 4 1 1 6

2012 3 4 7

2013 1 1 1 10 7 3 5 28

2014 9 3 17 7 1 12 10 9 68

TOTAL 10 3 18 8 1 29 18 3 19 109

218
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 The malaysian judiciary
Yearbook 2014

10. PAHANG to December 2014, the total number of civil cases

registered was 765 (excluding cases for Code 29, 31
10.1 IN THE HIGH COURT AT KUANTAN – and 32). The High Court has managed to dispose
CIVIL of 864 cases throughout the year 2014.

The tracking chart below shows the registration As at 31 December 2014, the total number of civil
and disposal of cases in the High Court at Kuantan cases pending in the High Court at Kuantan is
for the year 2014. For the period from January 1001 as reflected in the ageing list below.

TRACKING CHART
IN THE HIGH COURT AT KUANTAN (CIVIL)
JANUARY-DECEMBER 2014

400

350

300

250

200
No. of Cases

150

100

50
0
Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 347 321 296 307 281 297 230 246 233 248 276 238

Registration 68 50 61 54 85 64 74 48 70 87 46 58

Disposal 94 75 50 80 69 131 58 61 55 59 84 48

AGEING LIST
IN THE HIGH COURT AT KUANTAN (CIVIL)
AS AT 31 DECEMBER 2014

CODES

YEAR 11 12 TOTAL
13 14 15 16 17 18 21 22 22A 23 24 24A 25 26 27 28 29 31 32 33 34
A B A B

2008 1 1

2009

2010 1 1

2011 2 2

2012 1 8 1 2 1 13

2013 1 15 35 1 52

2014 6 3 43 18 3 47 54 2 18 690 9 17 22 932

TOTAL 6 4 44 18 3 1 73 54 1 4 18 726 9 18 22 1001

219
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 The malaysian judiciary
Yearbook 2014

10.2 IN THE HIGH COURT AT KUANTAN - CRIMINAL

For Criminal Cases in the year 2014, a total number of 149 cases including appeals and trials were
registered and 120 cases were disposed of leaving a balance of 109 cases pending.

TRACKING CHART
IN THE HIGH COURT AT KUANTAN (CRIMINAL)
AS AT JANUARY-DECEMBER 2014

140

120

100
No. of Cases

80

60

40

20

0
Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14
Balance Last Month 80 71 58 59 57 54 49 115 108 106 103 108

Registration 11 10 9 8 6 8 73 4 3 6 8 3

Disposal 20 23 8 10 9 13 7 11 5 9 3 2

AGEING LIST
IN THE HIGH COURT AT KUANTAN (CRIMINAL)
AS AT 31 DECEMBER 2014

CODES

YEAR 41 41A 42 42A 44 39B 302 396 KIDNAP F/ARMS OTHERS TOTAL
43
A/C S Ors A/C S Ors A/C S Ors A/C S Ors Hbc Ors 45 46 45 46 45 46 45 46 45 46 45 46

2010

2011

2012

2013 1 5 6

2014 3 2 11 68 4 3 9 3 103

TOTAL 3 2 11 68 4 3 10 8 109

220
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 The malaysian judiciary
Yearbook 2014

10.3 IN THE HIGH COURT AT TEMERLOH registered was 504 (excluding cases for Code 29, 31
– CIVIL and 32). The High Court has managed to dispose
of 557 cases throughout the year 2014.
The tracking chart below shows the registration and
disposal of cases in the High Court at Temerloh As at 31 December 2014, the total number of civil
for the year 2014. For the period from January cases pending in High Court at Temerloh is 915
to December 2014, the total number of civil cases as reflected in the ageing list below.

TRACKING CHART
IN THE HIGH COURT AT TEMERLOH (CIVIL)
AS AT JANUARY-DECEMBER 2014

250

200
No. of Cases

150

100

50

Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 212 202 193 188 199 170 168 168 179 165 169 178

Registration 37 30 52 57 43 40 36 36 40 45 44 44

Disposal 47 39 57 46 72 42 36 25 54 41 35 63

AGEING LIST
IN THE HIGH COURT AT TEMERLOH (CIVIL)
AS AT 31 DECEMBER 2014

CODES

YEAR 11 12 TOTAL
13 14 15 16 17 18 21 22 22A 23 24 24A 25 26 27 28 29 31 32 33
A B A B

2010

2011 2 2

2012 1 2 156 159

2013 1 9 136 146

2014 1 3 4 24 1 1 18 38 6 2 1 420 16 28 45 608

TOTAL 1 3 4 25 1 1 1 31 38 6 2 1 712 16 28 45 915

221
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 The malaysian judiciary
Yearbook 2014

10.4 IN THE HIGH COURT AT TEMERLOH – CRIMINAL

For Criminal Cases in the year 2014, a total number of 117 cases including appeals and trials were
registered and 99 cases had been disposed of, leaving a balance of 60 cases pending.

TRACKING CHART
IN THE HIGH COURT AT TEMERLOH (CRIMINAL)
AS AT JANUARY-DECEMBER 2014

80

70

60

50
No. of Cases

40

30

20

10

Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 42 33 34 41 41 45 49 51 57 66 64 67

Registration 4 6 9 8 11 9 12 10 18 13 9 8

Disposal 13 5 2 8 7 5 10 4 9 15 6 15

AGEING LIST
IN THE HIGH COURT AT TEMERLOH (CRIMINAL)
AS AT 31 DECEMBER 2014

CODES

YEAR 41 41A 42 42A 44 39B 302 396 KIDNAP F/ARMS OTHERS TOTAL
43
A/C S Ors A/C S Ors A/C S Ors A/C S Ors Hbc Ors 45 46 45 46 45 46 45 46 45 46 45 46

2010

2011 1 1

2012

2013 1 1 3 5

2014 21 8 6 2 1 5 7 4 54

TOTAL 21 8 6 3 1 6 11 4 60

222
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 The malaysian judiciary
Yearbook 2014

11. TERENGGANU January to December 2014, the total number of

civil cases registered was 662 (excluding cases for
11.1 IN T H E H IG H COUR T A T K UA L A Code 29, 31 and 32). The High Court has managed
TERENGGANU - CIVIL to dispose of 536 cases throughout the year 2014.

The tracking chart below shows the registration As at 31 December 2014, the total number of civil
and disposal of cases in the High Court at Kuala cases pending in the High Court at Kuala Terengganu
Terengganu for the year 2014. For the period from is 736 as reflected in the ageing list below.

TRACKING CHART
IN THE HIGH COURT AT KUALA TERENGGANU (CIVIL)
JANUARY-DECEMBER 2014

350

300

250

200

150
No. of Cases

100

50
0

Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 191 187 190 204 226 236 242 224 229 210 216 304

Registration 40 42 51 52 53 43 26 31 65 65 120 74

Disposal 44 39 37 30 43 37 44 26 84 59 32 61

AGEING LIST
IN THE HIGH COURT AT KUALA TERENGGANU (CIVIL)
AS AT 31 DECEMBER 2014

CODES

YEAR 11 12 TOTAL
13 14 15 16 17 18 21 22 22A 23 24 24A 25 26 27 28 29 31 32 33 34 37 38
A B A B

2010 1 1

2011 2 1 3

2012 1 1 2

2013 1 5 1 2 9 18

2014 2 9 1 11 115 1 2 5 10 23 56 4 8 405 5 5 2 48 712

TOTAL 2 9 1 13 120 1 2 5 11 28 57 5 8 414 5 5 2 48 736

223
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 The malaysian judiciary
Yearbook 2014

11.2 IN THE HIGH COURT AT KUALA TERANGGANU - CRIMINAL

For Criminal Cases in the year 2014, a total number of 268 cases including appeals and trials were
registered and 224 cases were disposed of, leaving the balance of 168 cases pending.

TRACKING CHART
IN THE HIGH COURT AT KUALA TERENGGANU (CRIMINAL)
JANUARY-DECEMBER 2014

180
160

140

120
No. of Cases

100

80
60

40
20

0
Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 124 128 118 111 105 100 118 114 125 142 158 164

Registration 20 18 14 11 31 33 24 21 33 24 19 20

Disposal 16 28 21 17 36 15 28 10 16 8 13 16

AGEING LIST
IN THE HIGH COURT AT KUALA TERENGGANU (CRIMINAL)
AS AT 31 DECEMBER 2014

CODES

YEAR 41 41A 42 42A 44 39B 302 396 KIDNAP F/ARMS OTHERS TOTAL
43
A/C S Ors A/C S Ors A/C S Ors A/C S Ors Hbc Ors 45 46 45 46 45 46 45 46 45 46 45 46

2010

2011

2012

2013 3 3

2014 74 21 6 1 23 6 1 2 19 10 2 165

TOTAL 77 21 6 1 23 6 1 2 19 10 2 168

224
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 The malaysian judiciary
Yearbook 2014

12. KELANTAN For the period from January to December 2014,

the total number of civil cases registered was 1035
12.1 IN THE HIGH COURT AT KOTA BAHRU (excluding cases for Code 29, 31 and 32). The High
– CIVIL Court has managed to dispose of 1198 cases throughout
the year 2014.
The tracking chart below shows the registration and
As at 31 December 2014, the total number of civil
disposal of cases in the High Court at Kota Bharu for
cases pending in the High Court at Kota Bharu is 782
the year 2014.
as reflected in the ageing list below.

TRACKING CHART
IN THE HIGH COURT AT KOTA BHARU (CIVIL)
JANUARY-DECEMBER 2014

600

500

400
No. of Cases

300

200

100

0
Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 565 519 489 468 454 467 429 419 418 408 412 406

Registration 75 66 101 91 97 78 81 93 67 81 119 86

Disposal 121 96 122 105 84 116 91 94 77 77 125 90

AGEING LIST
IN THE HIGH COURT AT KOTA BHARU (CIVIL)
AS AT 31 DECEMBER 2014

CODES
YEAR 11 12 TOTAL
13 14 15 16 17 18 21 22 22A 23 24 24A 25 26 27 28 29 31 32 33 34
A B A B
2006 1 1
2007 1 1
2008 4 4
2009
2010 1 1
2011 1 1 1 3
2012 1 1 2
2013 1 59 18 8 2 2 90
2014 5 9 5 38 26 2 3 2 55 3 3 100 14 2 1 7 380 25 680
TOTAL 5 9 5 39 85 23 2 3 4 66 3 6 103 14 2 1 7 380 25 782

225
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 The malaysian judiciary
Yearbook 2014

12.2 IN THE HIGH COURT AT KOTA BAHRU – CRIMINAL

For Criminal Cases in the year 2014, a total number of 187 cases including appeals and trials were registered
and 203 cases were disposed of, leaving a balance of 90 cases pending.

TRACKING CHART
IN THE HIGH COURT AT KOTA BHARU (CRIMINAL)
JANUARY-DECEMBER 2014

140

120

100
No. of Cases

80

60

40

20

0
Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 106 108 116 107 88 84 81 82 77 84 82 83

Registration 18 16 11 15 14 15 12 19 26 10 12 19

Disposal 16 8 26 34 18 18 11 24 19 12 11 12

AGEING LIST
IN THE HIGH COURT AT KOTA BHARU (CRIMINAL)
AS AT 31 DECEMBER 2014

CODES

YEAR 41 41A 42 42A 44 39B 302 396 KIDNAP F/ARMS OTHERS TOTAL
43
A/C S Ors A/C S Ors A/C S Ors A/C S Ors Hbc Ors 45 46 45 46 45 46 45 46 45 46 45 46

2011

2012

2013 1 2 1 3 6 13

2014 13 1 1 20 11 3 6 4 7 8 2 1 77

TOTAL 14 3 1 1 23 17 3 6 4 7 8 2 1 90

226
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 The malaysian judiciary
Yearbook 2014

13. THE SESSIONS COURT IN PENINSULAR civil cases registered was 44898 (excluding cases
MALAYSIA for Code 56). The Sessions Court has managed to
dispose of 46213 cases throughout the year 2014.
13.1 SESSIONS COURT-CIVIL

The tracking chart below shows the registration and As at 31 December 2014, the total number of civil
disposal of cases in the Sessions Court in Peninsular cases pending in Sessions Court in Peninsular
Malaysia for the year 2014. For the period from Malaysia is 14940 cases as reflected in the Ageing
January to December 2014, the total number of list below.

TRACKING CHART
IN THE SESSIONS COURT IN PENINSULAR MALAYSIA (CIVIL)
JANUARY-DECEMBER 2014

18000
16000

14000

12000

10000
No. of Cases

8000

6000

4000

2000

0
Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 16255 15379 14717 14614 15037 14746 14485 14788 14095 14655 14331 14995

Registration 4288 3350 4045 4389 3652 3733 3627 3119 3747 3484 3793 3671

Disposal 5164 4012 4148 3966 3943 3994 3324 3812 3187 3808 3129 3726

AGEING LIST
IN THE SESSIONS COURT IN PENINSULAR MALAYSIA (CIVIL)
AS AT 31 DECEMBER 2014

CODES
YEAR TOTAL
51 52 53 54 55 56 57 58
2000 1 1
2005 3 3
2007 1 1
2008 1 1 2
2009
2010 1 2 3
2011 8 2 10
2012 2 22 17 41
2013 19 235 501 3 4 762
2014 267 4753 8349 108 343 297 14117
TOTAL 289 5025 8871 111 347 297 14940

227
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 The malaysian judiciary
Yearbook 2014

13.2 SESSIONS COURT - CRIMINAL

For Criminal Cases in the year 2014, a total of 39231 criminal cases were registered and 38922 criminal
cases were disposed of, leaving a balance of 8439 cases pending.

TRACKING CHART
IN THE SESSIONS COURT IN PENINSULAR MALAYSIA (CRIMINAL)
JANUARY-DECEMBER 2014

9000
8000
7000
6000
No. of Cases

5000
4000
3000
2000
1000
0

Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14
Balance Last Month 7230 7200 7243 7297 7481 8093 7537 7769 7309 7015 7164 7207

Registration 2656 3145 3312 3366 4231 3584 4247 2504 2949 3207 2755 3275

Disposal 2686 3102 3258 3182 3619 4140 4015 2964 3243 3058 2712 2943

AGEING LIST
IN THE SESSIONS COURT IN PENINSULAR MALAYSIA (CRIMINAL)
AS AT 31 DECEMBER 2014

CODES

61 62 63 64
YEAR TOTAL
J J 65
Violent Violent
(Street Corrupt Comm Ors (Street Corrupt Comm Ors Ors Comm Ors Comm
Crimes Crimes
Crimes) Crimes)
1999 1 1
2002 1 1
2004 1 1
2005 1 1
2007 1 3 4
2008 1 1 2
2009 9 9
2010 1 2 3 111 117
2011 2 1 3 1 8 2 196 6 1 1 5 226
2012 7 8 1 62 1 50 89 14 16 1 249
2013 27 48 41 5 452 8 29 129 233 3 24 17 3 1019
2014 60 2 106 3 76 2612 167 89 644 2124 83 322 161 13 347 6809

TOTAL 96 2 163 48 82 3137 178 171 1076 2489 87 347 199 17 347 8439

228
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 The malaysian judiciary
Yearbook 2014

14. MAGISTRATES COURT IN PENINSULAR total number of civil cases registered was 278594
MALAYSIA (excluding cases for Code 76). The Magistrates
Court has managed to dispose of 277263 cases
14.1 MAGISTRATES COURT - CIVIL throughout the year 2014.

The tracking chart below shows the registration As at 31 December 2014, the total number of
and disposal of cases in the Magistrates Court civil cases pending in the Magistrates Court in
in Peninsular Malaysia for the year 2014. For Peninsular Malaysia is 53484 as reflected in the
the period from January to December 2014, the ageing list below.

TRACKING CHART
IN THE MAGISTRATES COURT IN PENINSULAR MALAYSIA (CIVIL)
JANUARY-DECEMBER 2014

60000

50000

40000
No. of Cases

30000

20000

10000

0
Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14
Balance Last Month 52153 44787 45637 49598 52134 51887 50667 51399 50589 50107 50903 53796
Registration 23399 19049 25086 26341 21694 22354 21144 21624 23905 25117 56417 23464
Disposal 29765 18199 21125 23805 21941 23574 20412 22434 24387 24321 53524 23776

AGEING LIST
IN THE MAGISTRATES COURT IN PENINSULAR MALAYSIA (CIVIL)
AS AT 31 DECEMBER 2014

CODES
YEAR TOTAL
71 72 72A 73 74 75 76 77 78

2011

2012 2 2

2013 10 115 25 300 558 1008

2014 7113 19398 6445 13735 680 4800 298 5 52474

TOTAL 7123 19513 6470 14037 680 5358 298 5 53484

229
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 The malaysian judiciary
Yearbook 2014

14.2 MAGISTRATES COURT - CRIMINAL

For Criminal Cases in the year 2014, a total of 1576113 criminal cases were registered (excluding
cases for Code 86, 87, 88 and 89) and 1563179 cases were disposed of, leaving a balance of 522220
cases pending.

TRACKING CHART
IN THE MAGISTRATES COURT IN PENINSULAR MALAYSIA (CRIMINAL)
JANUARY-DECEMBER 2014

600000

500000

400000
No. of Cases

300000

200000

100000

Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 509286 527324 546841 550331 545454 543091 523488 503709 501974 508200 516563 518262

Registration 156199 125161 136146 145809 125965 118101 119893 125532 139623 125903 130533 127248

Disposal 138161 105624 132676 150686 128328 137704 139672 127267 133397 117540 128834 123290

AGEING LIST
IN THE MAGISTRATES COURT IN PENINSULAR MALAYSIA (CRIMINAL)
AS AT 31 DECEMBER 2014

CODES
YEAR TOTAL
82 83 84
81 85 86 87 88 89
VC J Ors VC J Ors VC J Ors
2010 1 1

2011 1 1

2012 5 2 19 1 3639 1 1 3668

2013 12 26 9 424 3 121 27 4 10 9072 439 2 10149

2014 846 425 1 18632 19 43 888 5 435 457813 28837 457 508401

TOTAL 858 451 15 19058 22 185 915 5 4 446 470524 29277 1 459 522220

230
Appendix A2.indd 230 4/13/15 2:30 PM
 Appendix B
Sabah & Sarawak

Appendix B.indd 231 4/13/15 11:33 AM

 The malaysian judiciary
Yearbook 2014

1. SABAH For the period from January to December 2014,

the total number of civil cases registered was
1.1 IN THE HIGH COURT OF SABAH AND 1818 (excluding cases for Code 29, 31 and 32). The
SARAWAK (SABAH) – CIVIL High Court has managed to dispose of 2253 cases
throughout the year 2014.
The tracking chart below shows the registration
and disposal of cases in the High Court of Sabah As at 31 December 2014, the total number of of
and Sarawak (Sabah) for the year 2014. civil cases pending in the High Court of Sabah
and Sarawak (Sabah) is 1922 as reflected in the
ageing list.

TRACKING CHART
IN THE HIGH COURT OF SABAH AND SARAWAK (SABAH-CIVIL)
JANUARY-DECEMBER 2014

1000

800

600
No. of Cases

400

200

Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 904 917 872 864 772 790 756 706 687 646 649 648

Registration 192 183 179 150 201 124 147 136 117 85 95 83

Disposal 178 228 187 242 184 158 197 155 158 82 96 152

AGEING LIST
IN THE HIGH COURT OF SABAH AND SARAWAK (SABAH-CIVIL)
AS AT 31 DECEMBER 2014

CODES
11 12 TOTAL
YEAR 13 14 15 16 17 18 21 22 22A 23 24 24A 25 26 27 28 29 31 32 33
A B A B
2002 1 1
2008 1 1
2009
2010 3 3
2011 3 3 6
2012 7 3 23 3 36
2013 3 70 5 60 6 5 1 346 496
2014 11 4 20 20 36 2 2 10 81 9 3 50 4 4 5 20 1014 15 72 1379
TOTAL 11 4 23 20 113 2 2 21 172 15 3 55 4 4 5 21 1363 15 72 1922

232
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 The malaysian judiciary
Yearbook 2014

1.2 IN THE HIGH COURT OF SABAH AND SARAWAK (SABAH) – CRIMINAL

For Criminal Cases in the year 2014, a total number of 567 criminal cases including appeals and trials
were registered and 577 criminal cases were disposed of, leaving a balance of 190 cases pending.

TRACKING CHART
IN THE HIGH COURT OF SABAH AND SARAWAK (SABAH-CRIMINAL)
JANUARY-DECEMBER 2014

200
180
160
140
120
100
No. of Cases

80
60
40
20
0
Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 190 171 142 142 135 148 151 139 143 155 158 123

Registration 34 32 42 30 31 24 49 47 48 60 59 111

Disposal 53 61 42 37 18 21 61 43 36 57 94 54

AGEING LIST
IN THE HIGH COURT OF SABAH AND SARAWAK (SABAH-CRIMINAL)
AS AT 31 DECEMBER 2014

CODES

YEAR 41 41A 42 42A 44 39B 302 396 KIDNAP F/ARMS OTHERS TOTAL
43
A/C S Ors A/C S Ors A/C S Ors A/C S Ors Hbc Ors 45 46 45 46 45 46 45 46 45 46 45 46

2010

2011

2012 1 1

2013 1 3 2 13 61 80

2014 17 10 8 3 6 4 26 5 4 16 10 109

TOTAL 17 10 8 3 7 7 26 5 5 18 23 61 190

233
Appendix B.indd 233 4/13/15 11:33 AM
 The malaysian judiciary
Yearbook 2014

2. SARAWAK number of civil cases registered was 2502 (excluding

cases for Code 29, 31 and 32).
2.1 IN THE HIGH COURT OF SABAH AND
SARAWAK (SARAWAK) - CIVIL The High Court has managed to dispose of 2531
cases throughout the year 2014.
The tracking chart below shows the registration
and disposal of cases in the High Court of Sabah As at 31 December 2014, the total number of civil
and Sarawak (Sarawak) for the year 2014. For the cases pending is 1320 cases as reflected in the
period from January to December 2014, the total ageing list below.

TRACKING CHART
IN THE HIGH COURT OF SABAH AND SARAWAK (SARAWAK-CIVIL)
JANUARY - DECEMBER 2014

900
800
700
600
500
400
No. of Cases

300
200
100
0

Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 801 765 739 770 781 804 758 795 776 728 737 715

Registration 196 202 234 234 228 175 228 196 178 219 207 238

Disposal 232 228 203 223 205 221 191 215 216 210 229 195

AGEING LIST
IN THE HIGH COURT OF SABAH AND SARAWAK (SARAWAK-CIVIL)
AS AT 31 DECEMBER 2014

CODES
11 12 TOTAL
YEAR 13 14 15 16 17 18 21 22 22A 23 24 24A 25 26 27 28 29 31 32 33 34
A B A B
2005 1 1
2006 1 1
2007 1 1
2008 1 1 2
2009 2 2 4
2010
2011 3 2 5
2012 3 3 29 1 36
2013 5 3 56 9 1 5 3 82
2014 6 8 9 17 5 26 1 18 111 1 6 149 14 5 4 4 15 545 1 237 6 1188
TOTAL 6 8 10 17 5 34 1 31 202 1 6 159 15 5 4 4 15 550 1 240 6 1320

234
Appendix B.indd 234 4/13/15 11:33 AM
 The malaysian judiciary
Yearbook 2014

2.2 IN THE HIGH COURT OF SABAH AND SARAWAK (SARAWAK – CRIMINAL)

For criminal cases for the year 2014, a total number of 299 cases including appeals and trials were
registered and 361 cases were disposed of, leaving the balance of 147 cases pending.

TRACKING CHART
IN THE HIGH COURT IN SABAH AND SARAWAK (SARAWAK-CRIMINAL)
JANUARY-DECEMBER 2014

180
160
140
120
100
80
No. of Cases

60
40
20
0

Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 156 164 151 155 155 153 99 125 120 126 101 108

Registration 29 11 26 22 15 15 51 17 18 22 36 31

Disposal 21 24 22 22 23 69 25 22 12 47 29 45

AGEING LIST
IN THE HIGH COURT OF SABAH AND SARAWAK (SARAWAK-CRIMINAL)
AS AT 31 DECEMBER 2014

CODES

YEAR 41 41A 42 42A 44 39B 302 396 KIDNAP F/ARMS OTHERS TOTAL
43
A/C S Ors A/C S Ors A/C S Ors A/C S Ors Hbc Ors 45 46 45 46 45 46 45 46 45 46 45 46

2011

2012 3 3

2013 2 1 5 2 2 12

2014 37 11 4 4 7 27 4 1 1 9 6 15 1 5 132

TOTAL 37 11 4 4 9 27 4 1 1 9 7 20 1 10 2 147

235
Appendix B.indd 235 4/13/15 11:33 AM
 The malaysian judiciary
Yearbook 2014

3. SESSIONS COURT IN SABAH AND of civil cases registered was 3816 (excluding cases
SARAWAK for Code 56). The Sessions Court has managed to
dispose of 3711 cases throughout the year 2014.
3.1 SESSIONS COURT – CIVIL
As at 31 December 2014, the total number of civil
The tracking chart below shows the registration and cases pending in Sessions Court in Sabah and
disposal of cases in the Sessions Court in Sabah Sarawak is 1346 cases as reflected in the ageing
and Sarawak for the year 2014. For the period list below.
from January to December 2014, the total number

TRACKING CHART
IN THE SESSIONS COURT IN SABAH AND SARAWAK (CIVIL)
JANUARY-DECEMBER 2014

1600

1400
1200

1000
800
No. of Cases

600

400
200
0

Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 1241 1207 1337 1408 1367 1391 1310 1205 1222 1267 1299 1314

Registration 269 414 375 257 290 221 356 381 375 321 266 291

Disposal 303 284 304 298 266 302 461 364 330 289 251 259

AGEING LIST
IN THE SESSIONS COURT IN SABAH AND SARAWAK (CIVIL)
AS AT 31 DECEMBER 2014

CODES
YEAR TOTAL
51 52 53 54 55 56 57 58

2011 1 1

2012 1 7 2 10

2013 40 15 1 56

2014 43 596 577 9 54 1279

TOTAL 44 643 595 9 55 1346

236
Appendix B.indd 236 4/13/15 11:33 AM
 The malaysian judiciary
Yearbook 2014

3.2 SESSIONS COURT - CRIMINAL

For Criminal Cases in the year 2014, a total number of 10926 cases were registered and 10612 cases
were disposed of, leaving a balance of 900 cases pending.

TRACKING CHART
IN THE SESSIONS COURT IN SABAH AND SARAWAK (CRIMINAL)
JANUARY-DECEMBER 2014

1400

1200

1000

800

600
No. of Cases

400

200

Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 586 525 511 488 699 704 705 895 816 796 798 755

Registration 564 779 742 804 1046 987 1073 848 1205 839 786 1253

Disposal 625 793 765 593 1041 986 883 927 1225 837 829 1108

AGEING LIST
IN THE SESSIONS COURT IN SABAH AND SARAWAK (CRIMINAL)
AS AT 31 DECEMBER 2014

CODES

61 62 63 64
YEAR TOTAL
J J 65
Violent Violent
Corrupt Comm Ors Corrupt Comm Ors Ors Comm Ors Comm
Crimes (Street Crimes (Street
Crimes) Crimes)

2012 2 1 1 4

2013 2 2 4 10 2 8 3 22 1 2 56

2014 10 15 1 61 150 19 3 30 470 14 37 10 2 18 840

TOTAL 12 19 2 65 160 21 11 33 493 15 37 12 2 18 900

237
Appendix B.indd 237 4/13/15 11:33 AM
 The malaysian judiciary
Yearbook 2014

4. MAGISTRATES COURT IN SABAH AND of civil cases registered was 278594 (excluding
SARAWAK code 76). The Magistrates Court has managed
to dispose of 277263 cases throughout the year
4.1 MAGISTRATES COURT - CIVIL 2014.

The tracking chart below shows the registration As at 31 December 2014, the total number of civil
and disposal of cases in the Magistrates Court in cases pending in Magistrates Court in Sabah and
Sabah and Sarawak for the year 2014. For the period Sarawak is 5148 cases as reflected in the ageing
from January to December 2014, the total number list below.

TRACKING CHART
IN THE MAGISTRATES COURT IN SABAH AND SARAWAK (CIVIL)
JANUARY-DECEMBER 2014

6000

5000

4000

3000
No. of Cases

2000

1000

Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14

Balance Last Month 5341 3981 4357 4424 4707 4696 4752 4335 5117 4936 4966 4555

Registration 1713 1745 2066 2147 1529 1715 2113 2795 1931 2134 1334 2141

Disposal 3073 1369 1999 1864 1540 1719 2530 2013 2112 2104 1745 1548

AGEING LIST
IN THE MAGISTRATES COURT IN SABAH AND SARAWAK (CIVIL)
AS AT 31 DECEMBER 2014

CODES
YEAR TOTAL
71 72 72A 73 74 75 76 77 78 79

2010 1 1
2011
2012 1 1

2013 9 1 5 105 120

2014 921 2857 457 58 217 447 41 9 19 5026

TOTAL 922 2866 457 59 217 453 41 9 124 5148

238
Appendix B.indd 238 4/13/15 11:33 AM
 The malaysian judiciary
Yearbook 2014

4.2 MAGISTRATES COURT - CRIMINAL

For Criminal Cases in the year 2014, a total number of 1576113 cases were registered (excluding cases
for Code 86, 87, 88 and 89) and 1563179 cases were disposed of, leaving a balance of 23062 cases
pending.

TRACKING CHART
IN THE MAGISTRATES COURT IN SABAH AND SARAWAK (CRIMINAL)
JANUARY-DECEMBER 2014

35000

3000

25000
No. of Cases

20000

15000

10000

5000

Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14
Balance Last Month 30277 26200 27296 25713 24051 25138 25976 24317 22694 23195 22624 23141

Registration 8378 9597 9705 8376 8682 9200 9191 9171 9217 8620 9261 9134

Disposal 12455 8501 11288 10038 7595 8362 10850 10694 8716 9191 8744 9213

AGEING LIST
FOR THE MAGISTRATES COURT IN SABAH AND SARAWAK (CRIMINAL)
AS AT 31 DECEMBER 2014

CODES

82 83 84
YEAR TOTAL
81 85 86 87 88 89
VC J Ors VC J Ors VC J Ors

2010

2011 1 1

2012 1 1

2013 1 16 1 2 1 1 22

2014 40 53 1921 6 3 130 5 15 17654 1820 3 1388 23038

TOTAL 41 53 1 1937 7 4 130 5 15 17656 1821 4 1388 23062

239
Appendix B.indd 239 4/13/15 11:33 AM
 The Editorial Committee -
first row L-R: Hazmida Harris Lee, Norhafizah Zainal Abidin, Sabreena Bakar and Husna Dzulkifly.
Second row L-R: Radzilawatee Abdul Rahman, Azniza Mohd Ali, Justice Lim Yee Lan, Justice Zainun Ali (Editor),
Justice Alizatul Khair Osman Khairuddin, Justice Nallini Pathmanathan, and Chan Jit Li.
Back row L-R: Shazali Dato’ Hidayat Sharif, Maimoonah Aid, Syahrul Sazly Md Sain, Justice Idrus Harun, Justice
Varghese George, Justice Abang Iskandar Abang Hashim, Justice Abdul Aziz Abd. Rahim, Justice Mohd Zawawi
Salleh, Noorhisham Mohd Jaafar, Lee Kim Kiat, Muhammad Iskandar Zainol and Mohd Sabri Othman

Appendix B.indd 240 4/13/15 11:33 AM

Appendix B.indd 241 4/13/15 11:33 AM
Appendix B.indd 242 4/13/15 11:33 AM