Federal Court of Malaysia - AbsoluteAstronomy.com

The Federal Court of Malaysia is the highest court

Courts of Malaysia

The Judiciary of Malaysia is largely centralized despite Malaysia's federal constitution, heavily influenced by the British Common Law and to a lesser extent Islamic law, and is mostly independent from political interference.-History:...

and the final appellate court

Appellate court

An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...

in Malaysia. It is housed in the Palace of Justice in Putrajaya

Putrajaya

Putrajaya is a planned city, located 25km south of Kuala Lumpur, that serves as the federal administrative centre of Malaysia. The seat of government was shifted in 1999 from Kuala Lumpur to Putrajaya, due to the overcrowding and congestion in the Kuala Lumpur areas...

. The court was established during Malaya

Federation of Malaya

The Federation of Malaya is the name given to a federation of 11 states that existed from 31 January 1948 until 16 September 1963. The Federation became independent on 31 August 1957...

's independence in 1957 and received its current name in 1994.

History

The earliest predecessor of the Federal Court was the Court of Judicature of Prince of Wales' Island (now Penang

Penang

Penang is a state in Malaysia and the name of its constituent island, located on the northwest coast of Peninsular Malaysia by the Strait of Malacca. It is bordered by Kedah in the north and east, and Perak in the south. Penang is the second smallest Malaysian state in area after Perlis, and the...

), Singapore and Malacca

Malacca

Malacca , dubbed The Historic State or Negeri Bersejarah among locals) is the third smallest Malaysian state, after Perlis and Penang. It is located in the southern region of the Malay Peninsula, on the Straits of Malacca. It borders Negeri Sembilan to the north and the state of Johor to the south...

, which was established by the Second Charter of Justice, issued by the Crown

The Crown

The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...

as letters patent

Letters patent

Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...

dated 27 November 1826. The Court was presided over by the Governor of the Straits Settlements

Straits Settlements

The Straits Settlements were a group of British territories located in Southeast Asia.Originally established in 1826 as part of the territories controlled by the British East India Company, the Straits Settlements came under direct British control as a crown colony on 1 April 1867...

and Resident Councillor of the settlement where the court was to be held, and another judge called the Recorder

Recorder (judge)

A Recorder is a judicial officer in England and Wales. It now refers to two quite different appointments. The ancient Recorderships of England and Wales now form part of a system of Honorary Recorderships which are filled by the most senior full-time circuit judges...

. The Third Charter of Justice of 12 August 1855 reorganized the Court, providing the Straits Settlements

Straits Settlements

with two Recorders, one for Prince of Wales' Island and the other for Singapore

Singapore

Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...

and Malacca

Malacca

.

Following the reconstitution of the Straits Settlements as a Crown colony

Crown colony

A Crown colony, also known in the 17th century as royal colony, was a type of colonial administration of the English and later British Empire....

with effect from 1 April 1867, the Court of Judicature was replaced by the Supreme Court of the Straits Settlements. The Governor and Resident Councillors ceased to be judges of the Court.

Further changes to the Court's constitution were made in 1873. It now consisted of two divisions – the Chief Justice and the Senior Puisne Judge

Puisne Justice

A Puisne Justice or Puisne Judge is the title for a regular member of a Court. This is distinguished from the head of the Court who is known as the Chief Justice or Chief Judge. The term is used almost exclusively in common law jurisdictions such as England, Australia, Kenya, Canada, Sri Lanka,...

formed the Singapore and Malacca division of the Court, while the Judge of Penang and the Junior Puisne Judge formed the Penang division. The Supreme Court also received jurisdiction

Jurisdiction

Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...

to sit as an Court of Appeal

Appellate court

An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...

in civil matters

Civil law (common law)

Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...

. In 1878 the jurisdiction and residence of judges was made more flexible, thus impliedly abolishing the geographical division of the Supreme Court. Appeals from decisions of the Supreme Court lay first to the Court of Appeal and then to the Queen-in-Council

Queen-in-Council

The Queen-in-Council is, in each of the Commonwealth realms, the technical term of constitutional law that refers to the exercise of executive authority, denoting the monarch acting by and with the advice and consent of his or her privy council or executive council The Queen-in-Council (during...

, the latter appeals being heard by the Judicial Committee of the Privy Council

Judicial Committee of the Privy Council

The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...

.

As a result of legislation passed in 1885, the Supreme Court consisted of the Chief Justice and three puisne judges. The Court was significantly altered in 1907. It now had two divisions, one exercising original civil and criminal jurisdiction

Original jurisdiction

The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...

and the other appellate civil and criminal jurisdiction

Appellate jurisdiction

Appellate jurisdiction is the power of the Supreme Court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right...

.

During the Japanese occupation of Singapore

Japanese Occupation of Singapore

The Japanese occupation of Singapore in World War II occurred between about 1942 and 1945 after the fall of Singapore on 15 February 1942. Military forces of the Empire of Japan occupied Singapore after defeating the combined Australian, British, Indian and Malayan garrison in the Battle of Singapore...

(1942–1945), all the courts that had operated under the British were replaced by new courts established by the Japanese Military Administration. The Syonan Koto-Hoin (Supreme Court) was formed on 29 May 1942; there was also a Court of Appeal, but it was never convened.

Following the end of World War II

World War II

World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...

, the courts that had existed before the war were restored. There was no change in the judicial system when the Straits Settlements were dissolved in 1946 and Singapore became a crown colony

Crown colony

A Crown colony, also known in the 17th century as royal colony, was a type of colonial administration of the English and later British Empire....

in its own right, except that the Supreme Court of the Straits Settlements became known as the Supreme Court of Singapore.

The courts of Penang

Penang

and Malacca

Malacca

merged with the rest of Malaya

Federation of Malaya

The Federation of Malaya is the name given to a federation of 11 states that existed from 31 January 1948 until 16 September 1963. The Federation became independent on 31 August 1957...

to form the Supreme Court of the Federation of Malaya. This continued upon independence

Hari Merdeka

Hari Merdeka is a national day of Malaysia commemorating the independence of the Federation of Malaya from British colonial rule in 1957, celebrated on August 31 each year. It is not to be confused with the formation of Malaysia...

in 1957 until 1963. When Malaya

Federation of Malaya

The Federation of Malaya is the name given to a federation of 11 states that existed from 31 January 1948 until 16 September 1963. The Federation became independent on 31 August 1957...

, Sabah

Sabah

Sabah is one of 13 member states of Malaysia. It is located on the northern portion of the island of Borneo. It is the second largest state in the country after Sarawak, which it borders on its southwest. It also shares a border with the province of East Kalimantan of Indonesia in the south...

, Sarawak

Sarawak

Sarawak is one of two Malaysian states on the island of Borneo. Known as Bumi Kenyalang , Sarawak is situated on the north-west of the island. It is the largest state in Malaysia followed by Sabah, the second largest state located to the North- East.The administrative capital is Kuching, which...

, and Singapore

Singapore

formed Malaysia in 1963, the court was renamed the Federal Court of Malaysia.

The judicial power of Malaysia was vested in a Federal Court

Federal Court of Malaysia

The Federal Court of Malaysia is the highest court and the final appellate court in Malaysia. It is housed in the Palace of Justice in Putrajaya...

, a High Court in Malaya

High Courts of Malaysia

The High Courts in Malaysia are the third-highest courts in the hierarchy of courts, after the Federal Court and the Court of Appeal. Article 121 of the Constitution of Malaysia provides that there shall be two High Courts of coordinate jurisdiction—the High Court in Malaya and the High Court...

, a High Court in Borneo

Borneo

Borneo is the third largest island in the world and is located north of Java Island, Indonesia, at the geographic centre of Maritime Southeast Asia....

(now the High Court in Sabah

Sabah

and Sarawak

Sarawak

), and a High Court in Singapore (which replaced the Supreme Court of the Colony of Singapore). Appeals lay from the High Court in Singapore to the Federal Court in Kuala Lumpur

Kuala Lumpur

Kuala Lumpur is the capital and the second largest city in Malaysia by population. The city proper, making up an area of , has a population of 1.4 million as of 2010. Greater Kuala Lumpur, also known as the Klang Valley, is an urban agglomeration of 7.2 million...

, and then to the Privy Council.

The merger did not last: in 1965 Singapore left the Federation of Malaysia and became an independent republic. However, the High Court of Singapore remained part of the Malaysian Federal Court structure until 1969, when Singapore enacted the Supreme Court of Judicature Act to regularize the judicial system.

Before 1985, the Federal Court remained the second highest court in the land, being subordinate to the Privy Council

Judicial Committee of the Privy Council

in England

England

England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...

. On 1 January 1978, appeals to the Privy Council in criminal and constitutional matters were abolished, while appeals in civil matters were abolished on 1 January 1985. When appeals to the Privy Council were abolished, the court was renamed Supreme Court of Malaysia. Finally, on 24 June 1994, as part of reforms, the court was once again renamed the Federal Court of Malaysia.

Judges

The court is composed of the Chief Justice

Chief Justice of Malaysia

The Chief Justice of Malaysia , also known as the Chief Justice of the Federal Court, is the office and title of the head of the Malaysian judiciary system. The title has been in use since 1994, and prior to this it was known as the Lord President of the Federal Court. The Chief Justice is the head...

, President of the Court of Appeal, the Chief Judges

High Courts of Malaysia

of the High Court in Malaya and the High Court in Sabah and Sarawak and other Federal Court judges. The Chief Justice is also the head of the judiciary in Malaysia. All judges are appointed by the Yang di-Pertuan Agong

Yang di-Pertuan Agong

The Yang di-Pertuan Agong is the head of state of Malaysia. The office was established in 1957 when the Federation of Malaya gained independence....

on the advice of the Prime Minister of Malaysia

Prime Minister of Malaysia

The Prime Minister of Malaysia is the indirectly elected head of government of Malaysia. He is officially appointed by the Yang di-Pertuan Agong, the head of state, who in HM's judgment is likely to command the confidence of the majority of the members of that House of Representatives , the...

. All judges mandatorily retire at the age of 65.

Current judges

Name	Born	Elevated	Previous positions
Zaki Azmi (Chief Justice Chief Justice of Malaysia The Chief Justice of Malaysia , also known as the Chief Justice of the Federal Court, is the office and title of the head of the Malaysian judiciary system. The title has been in use since 1994, and prior to this it was known as the Lord President of the Federal Court. The Chief Justice is the head... )	12 September 1945 (age 66)		Advocate and solicitor at the High Court of Malaya (1985–2007)
Alauddin Mohd Sheriff (President of the Court of Appeal)	7 August 1946 (age 65)		Judge of the Court of Appeal Court of Appeal of Malaysia The Court of Appeal is an appellate court of the judiciary system in Malaysia. It is the second highest court in the hierarchy below the Federal Court. This court was created in 1994 as part of reforms made to the judiciary to create a second tier appellate court after the Privy Council appeals... (2001–2004)
Arifin Zakaria (Chief Judge of Malaya)	1 October 1950 (age 61)	2005	Judge of the Court of Appeal Court of Appeal of Malaysia The Court of Appeal is an appellate court of the judiciary system in Malaysia. It is the second highest court in the hierarchy below the Federal Court. This court was created in 1994 as part of reforms made to the judiciary to create a second tier appellate court after the Privy Council appeals... (2002–2005)
Richard Malanjum Richard Malanjum Richard Malanjum is the fourth current Chief Judge of the High Court in Sabah and Sarawak in Malaysia. Before joining the judicial service, he was a practising lawyer and was the President of the Sabah Law Association, the bar association for the state of Sabah. Malanjum joined the judicial... (Chief Judge of Sabah and Sarawak)	13 October 1952 (age 59)	17 June 2005	Judge of the Court of Appeal Court of Appeal of Malaysia The Court of Appeal is an appellate court of the judiciary system in Malaysia. It is the second highest court in the hierarchy below the Federal Court. This court was created in 1994 as part of reforms made to the judiciary to create a second tier appellate court after the Privy Council appeals... (2003–2005)
Hashim Yusoff	7 November 1947 (age 64)	2006	Judge of the Court of Appeal Court of Appeal of Malaysia The Court of Appeal is an appellate court of the judiciary system in Malaysia. It is the second highest court in the hierarchy below the Federal Court. This court was created in 1994 as part of reforms made to the judiciary to create a second tier appellate court after the Privy Council appeals... (2002–2006)
Zulkefli Ahmad Makinudin	28 March 1951 (age 60)		Judge of the Court of Appeal Court of Appeal of Malaysia The Court of Appeal is an appellate court of the judiciary system in Malaysia. It is the second highest court in the hierarchy below the Federal Court. This court was created in 1994 as part of reforms made to the judiciary to create a second tier appellate court after the Privy Council appeals... (2005–2007)
Mohd Ghazali Mohd Yusoff		April 2009	Judge of the Court of Appeal Court of Appeal of Malaysia The Court of Appeal is an appellate court of the judiciary system in Malaysia. It is the second highest court in the hierarchy below the Federal Court. This court was created in 1994 as part of reforms made to the judiciary to create a second tier appellate court after the Privy Council appeals... (2002–2009)
James Foong Cheng Yuen	25 February 1946 (age 65)	2009	Judge of the Court of Appeal Court of Appeal of Malaysia The Court of Appeal is an appellate court of the judiciary system in Malaysia. It is the second highest court in the hierarchy below the Federal Court. This court was created in 1994 as part of reforms made to the judiciary to create a second tier appellate court after the Privy Council appeals... (2005–2009)
Md Raus Sharif	4 February 1951 (age 61)		Judge of the Court of Appeal Court of Appeal of Malaysia The Court of Appeal is an appellate court of the judiciary system in Malaysia. It is the second highest court in the hierarchy below the Federal Court. This court was created in 1994 as part of reforms made to the judiciary to create a second tier appellate court after the Privy Council appeals...
Abdull Hamid Embong	12 August 1949 (age 62)		Judge of the Court of Appeal Court of Appeal of Malaysia The Court of Appeal is an appellate court of the judiciary system in Malaysia. It is the second highest court in the hierarchy below the Federal Court. This court was created in 1994 as part of reforms made to the judiciary to create a second tier appellate court after the Privy Council appeals...
Suriyadi Halim Omar	5 May 1951 (age 60)		Judge of the Court of Appeal Court of Appeal of Malaysia The Court of Appeal is an appellate court of the judiciary system in Malaysia. It is the second highest court in the hierarchy below the Federal Court. This court was created in 1994 as part of reforms made to the judiciary to create a second tier appellate court after the Privy Council appeals...

Building

The Federal Court is located in the Palace of Justice in the federal administrative capital of Putrajaya

Putrajaya

. It was previously housed in the Sultan Abdul Samad Building

Sultan Abdul Samad Building

The Sultan Abdul Samad Building is located in front of the Dataran Merdeka and the Royal Selangor Club, by Jalan Raja in Kuala Lumpur, Malaysia...

in Kuala Lumpur

Kuala Lumpur

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