High Courts of Malaysia
Encyclopedia
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 in Sabah and Sarawak (before 1994, the High Court in Borneo). Before 1969, the High Court in Singapore was also part of the Malaysian courts system (see Law of Singapore
).
The High Court in Malaya has its principal registry in Kuala Lumpur, with other registries to be found in all states in peninsular Malaysia
, while the High Court in Sabah and Sarawak has its principal registry in Kuching, with other registries elsewhere in Sabah and Sarawak. There are in total 22 High Court registries across all 13 states in Malaysia. The two High Courts also travel on circuit
to other smaller towns.
The two High Courts, the Court of Appeal and the Federal Court are classified as superior courts, while the Magistrates' Courts and the Sessions Courts are classified as the subordinate courts. The High Courts function both as a court of original jurisdiction
as well as an appellate court
, and are each headed by a Chief Judge (before 1994, Chief Justice). The Chief Judges of Malaya and Sabah and Sarawak are the third and fourth highest positions in Malaysian judiciary after the Chief Justice of the Federal Court (before 1994, the Lord President of the Federal Court
) and the President of the Court of Appeal.
including the courts in the Federal Territories of Kuala Lumpur and Putrajaya are under the jurisdiction of the High Court in Malaya. Similarly, all courts found in East Malaysia
are under the jurisdiction of the High Court in Sabah and Sarawak including the courts in the Federal Territory of Labuan.
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:...
, after the 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...
and the Court of Appeal. Article 121 of the Constitution of Malaysia
Constitution of Malaysia
The Federal Constitution of Malaysia, which came into force in 1957, is the supreme law of Malaysia. The Federation was initially called the Federation of Malaya and it adopted its present name, Malaysia, when the States of Sabah, Sarawak and Singapore joined the Federation...
provides that there shall be two High Courts of coordinate jurisdiction—the High Court in Malaya and the High Court in Sabah and Sarawak (before 1994, the High Court in Borneo). Before 1969, the High Court in Singapore was also part of the Malaysian courts system (see Law of Singapore
Law of Singapore
The legal system of Singapore is based on the English common law system. Major areas of law – particularly administrative law, contract law, equity and trust law, property law and tort law – are largely judge-made, though certain aspects have now been modified to some extent by statutes...
).
The High Court in Malaya has its principal registry in Kuala Lumpur, with other registries to be found in all states in peninsular Malaysia
Peninsular Malaysia
Peninsular Malaysia , also known as West Malaysia , is the part of Malaysia which lies on the Malay Peninsula. Its area is . It shares a land border with Thailand in the north. To the south is the island of Singapore. Across the Strait of Malacca to the west lies the island of Sumatra...
, while the High Court in Sabah and Sarawak has its principal registry in Kuching, with other registries elsewhere in Sabah and Sarawak. There are in total 22 High Court registries across all 13 states in Malaysia. The two High Courts also travel on circuit
Circuit court
Circuit court is the name of court systems in several common law jurisdictions.-History:King Henry II instituted the custom of having judges ride around the countryside each year to hear appeals, rather than forcing everyone to bring their appeals to London...
to other smaller towns.
The two High Courts, the Court of Appeal and the Federal Court are classified as superior courts, while the Magistrates' Courts and the Sessions Courts are classified as the subordinate courts. The High Courts function both as a court of original 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:...
as well as an 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...
, and are each headed by a Chief Judge (before 1994, Chief Justice). The Chief Judges of Malaya and Sabah and Sarawak are the third and fourth highest positions in Malaysian judiciary after the Chief Justice of the Federal Court (before 1994, the Lord President of the Federal Court
Lord President of the Federal Court
The title of Lord President of the Supreme Court was formerly the title of the head of the judiciary in Malaysia, until 1994 when the office was renamed "Chief Justice of the Federal Court"....
) and the President of the Court of Appeal.
High Court registries in Malaysia
All High Court registries and the subordinate courts found in Peninsular MalaysiaPeninsular Malaysia
Peninsular Malaysia , also known as West Malaysia , is the part of Malaysia which lies on the Malay Peninsula. Its area is . It shares a land border with Thailand in the north. To the south is the island of Singapore. Across the Strait of Malacca to the west lies the island of Sumatra...
including the courts in the Federal Territories of Kuala Lumpur and Putrajaya are under the jurisdiction of the High Court in Malaya. Similarly, all courts found in East Malaysia
East Malaysia
East Malaysia, also known as Malaysian Borneo, is the part of Malaysia located on the island of Borneo. It consists of the Malaysian states of Sabah and Sarawak, and the Federal Territory of Labuan. It lies to the east from Peninsular Malaysia , which is located on the Malay Peninsula. The two are...
are under the jurisdiction of the High Court in Sabah and Sarawak including the courts in the Federal Territory of Labuan.
Chief Justices of Malaya (1957–1994)
- 1957–1963: James Beveridge ThomsonJames Beveridge ThomsonTun Dato' Sir James Beveridge Thomson, SSM, PNM, PJK was the first Chief Justice of the independent Federation of Malaya. Born in Clydebank, Scotland and graduating from Edinburgh University with first-class honours in History, he was called to the English Bar in 1929...
- 1963–1966: Syed Sheh Hassan BarakbahSyed Sheh Hassan BarakbahTun Syed Sheh Al-Haj bin Syed Hassan Barakbah was a prominent Malaysian judge. He was the second Lord President of the Federal Court, and the first Malaysian to hold that office...
- 1966–1968: Mohamed Azmi MohamedMohamed Azmi Mohamed- References :...
- 1968–1973: Ong Hock ThyeOng Hock ThyeOng Hock Thye a Malaysian judge on the Courts of Malaysia.The Hon. Tan Sri Dato Justice Ong Hock Thye , PSM, DPMS, also known as H. T. Ong was Chief Justice of Malaysia and a Barrister-at-Law of Middle Temple. He was the son of Mr. Ong Teng Up and was born in Penang in 1908...
- 1973–1974: Mohamed Suffian Mohamed HashimMohamed Suffian Mohamed HashimTun Mohamed Suffian Hashim was a Malaysian judge, eventually serving as Lord President of the Federal Court from 1974 to 1982...
- 1974–1979: Sarwan Singh Gill
- 1979–1982: Raja Azlan Shah
- 1982–1984: Salleh AbasSalleh AbasTun Haji Mohamed Salleh bin Abas is a former Lord President of the Federal Court of Malaysia. He was dismissed from his post during the 1988 Malaysian constitutional crisis...
- 1984–1988: Abdul Hamid OmarAbdul Hamid OmarTun Abdul Hamid Bin Haji Omar Tun Abdul Hamid Bin Haji Omar Tun Abdul Hamid Bin Haji Omar (born Abdul Hamid Bin Omar (March 25, 1929 - September 1, 2009) was a former Chief Justice of Malaysia.- Early life :Abdul Hamid Omar was born on 25 March 1929 in Kuala Perlis, Perlis Indera Kayangan...
- 1988–1992: Hashim Yeop Sani
- 1992–1994: Gunn Chit Tuan
- 1994: Eusoff ChinEusoff Chin-References:...
Chief Judges of Malaya (1994–present)
- 1994: Eusoff ChinEusoff Chin-References:...
- 1994–1998: Anuar Zainal Abidin
- 1998–2001: Wan Adnan Ismail
- 2001–2002: Ahmad Fairuz Abdul HalimAhmad Fairuz Abdul HalimTun Ahmad Fairuz bin Sheikh Abdul Halim is the former Chief Justice of the Federal Court of Malaysia. A controversial figure, he held that position from 2003 to 2007. In August 2007, he courted controversy by suggesting the abolishment of English Common Law to be replaced by Islamic Syariah Law....
- 2002–2004: Haidar Mohamed Noor
- 2004–2006: Siti Norma Yaakob
- 2007–2008: Alauddin Sheriff
- 2008–present: Arifin Zakaria
Chief Justices of Borneo (1963–1994)
- 1963–1965: Campbell Wylie
- 1965–1968: Philip Ernest Housden Pike
- 1968–1973: Ismail Khan Ibrahim Khan
- 1974–1990: Lee Hun Hoe
- 1991–1994: Mohamad Jemuri Serjan
Chief Judges of Sabah and Sarawak (1994–present)
- 1994: Mohamad Jemuri Serjan
- 1995–2000: Chong Siew Fai
- 2000–2006: Steve Shim Lip Kiong
- 2006–present: Richard MalanjumRichard MalanjumRichard 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...