Lord President of the Federal Court
Encyclopedia
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
".
The Lord President was head of the highest court in Malaysia after the abolition of appeals to the Judicial Committee of the Privy Council
in 1985. Below him were the Chief Justices of the High Courts of Malaya
and Borneo
(and, until 1969, Singapore
: see Law of Singapore
).
office of Lord President of the Court of Session
that the office was named.
When the right of appeal to the Privy Council was abolished in 1985, the Federal Court was renamed the Supreme Court and the title changed accordingly.
on behalf of the judiciary. This letter was later used as grounds for the convening of the tribunal.
When the Supreme Court granted an injunction prohibiting the tribunal as constituted from hearing the misconduct allegations, five Supreme Court Justices were suspended (and two were subsequently removed), and the injunction overturned. The tribunal later removed Tun Salleh from the office of Lord President, in which office he was succeeded by the then-Chief Justice of Malaya, Tun Hamid Omar, who had been the chairman of the tribunal.
The 1988 constitutional crisis was widely considered to be the greatest blow to judicial independence in Malaysian history, and at the time led to the Bar Council of Malaysia refusing to recognise the new Lord President. Around the same time, the Federal Constitution was amended to disvest the courts of the "judicial power of the Federation", granting them instead such judicial powers as Parliament might grant them.
", and the offices of Chief Justices of the High Courts in Malaya and in Borneo renamed "Chief Judge of the High Court in Malaya" and "Chief Judge of the High Court in Sabah and Sarawak" respectively. The Supreme Court reverted to the name of Federal 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:...
, until 1994 when the office was renamed "Chief Justice of the Federal Court
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...
".
The Lord President was head of the highest court in Malaysia after the abolition of appeals to 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...
in 1985. Below him were the Chief Justices of the High Courts of Malaya
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...
and Borneo
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...
(and, until 1969, 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...
: 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...
).
Origins
The office of Lord President of the Federal Court was created with the formation of Malaysia in 1963. The first Lord President of Malaysia was Tun Sir James Thomson, previously Chief Justice of Malaya, and a Scotsman. It is after the ScottishScotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
office of Lord President of the Court of Session
Lord President of the Court of Session
The Lord President of the Court of Session is head of the judiciary in Scotland, and presiding judge of the College of Justice and Court of Session, as well as being Lord Justice General of Scotland and head of the High Court of Justiciary, the offices having been combined in 1836...
that the office was named.
When the right of appeal to the Privy Council was abolished in 1985, the Federal Court was renamed the Supreme Court and the title changed accordingly.
The 1988 constitutional crisis
In 1988, Lord President Tun Salleh Abas was brought before a tribunal convened by the Prime Minister Dr Mahathir Mohammad on the grounds of misconduct. The Supreme Court in the years leading up to 1988 had been fiercely independent and increasingly active, and was at the time due to hear an appeal to determine the future of the ruling party UMNO, which had been declared an illegal society by the High Court of Malaya on the grounds of procedural irregularity. As a result of criticisms of the judiciary made by the Prime Minister, a letter of protest was written by Tun Salleh to the Yang di-Pertuan AgongYang 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 behalf of the judiciary. This letter was later used as grounds for the convening of the tribunal.
When the Supreme Court granted an injunction prohibiting the tribunal as constituted from hearing the misconduct allegations, five Supreme Court Justices were suspended (and two were subsequently removed), and the injunction overturned. The tribunal later removed Tun Salleh from the office of Lord President, in which office he was succeeded by the then-Chief Justice of Malaya, Tun Hamid Omar, who had been the chairman of the tribunal.
The 1988 constitutional crisis was widely considered to be the greatest blow to judicial independence in Malaysian history, and at the time led to the Bar Council of Malaysia refusing to recognise the new Lord President. Around the same time, the Federal Constitution was amended to disvest the courts of the "judicial power of the Federation", granting them instead such judicial powers as Parliament might grant them.
Renaming of the office
In 1994, in a move regarded as a further downgrading of the judiciary, the office of Lord President was renamed "Chief Justice of the Federal CourtChief 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...
", and the offices of Chief Justices of the High Courts in Malaya and in Borneo renamed "Chief Judge of the High Court in Malaya" and "Chief Judge of the High Court in Sabah and Sarawak" respectively. The Supreme Court reverted to the name of Federal Court.
List of Lord Presidents of Malaysia
- Tun Sir 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 - Tun 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...
(1906 - 1975) 1966 - 1968 - Tun Mohamed Azmi MohamedMohamed Azmi Mohamed- References :...
(1909 - 1996) 1968-1974 - Tun 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...
(1917 - 2000) 1974 - 1982 - Raja Tun Azlan Shah (later SultanSultanSultan is a title with several historical meanings. Originally, it was an Arabic language abstract noun meaning "strength", "authority", "rulership", and "dictatorship", derived from the masdar سلطة , meaning "authority" or "power". Later, it came to be used as the title of certain rulers who...
of PerakPerakPerak , one of the 13 states of Malaysia, is the second largest state in the Peninsular Malaysia bordering Kedah and Yala Province of Thailand to the north, Penang to the northwest, Kelantan and Pahang to the east, Selangor the Strait of Malacca to the south and west.Perak means silver in Malay...
and Yang di-Pertuan AgongYang di-Pertuan AgongThe Yang di-Pertuan Agong is the head of state of Malaysia. The office was established in 1957 when the Federation of Malaya gained independence....
of Malaysia) (1928 - ) 1982 - 1984 - Tun Mohamed Salleh Abas 1984 - 1988
- Tun 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 - 1994
Further reading
- Tun Mohd Salleh Abas & K. Das (1989), May Day for Justice: the Lord President's Version, Kuala Lumpur: Magnus Book. ISBN 983-9631-00-4-5