Application Of English Law In Malaysia

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Application of english law in malaysia. 1 in all questions or issues which arise or which have to be decided in the states of peninsular malaysia other than malacca and penang with respect to the law of partnerships corporations banks and banking principals and ag ents carriers by air land and. The extent of the application of english law is prescribed in the following three sections which are section 3 section 5 and section 6. The common law of england after the cut off date statutes of general application after 1951 1949 principles of common law in other countries common custom of people of malaysia etc. The supreme law of the land the constitution of malaysia sets out the legal framework and rights of malaysian citizens.

The law of malaysia is mainly based on the common law legal system. That qualification concern the extend to which english law is applicable. V ling nam rubber works tengku. Nepline case cut off dates three conditions where section 3 1 can be applied.

In other words english law was introduced to penang through the first charter of justice in 1807. In formulating malaysia s own common law the court is free to look at any source of law local or non local. Gp law 455 mlh tri 1 preview text application of sections 3 5 and 6 of the civil law act 1956 when malaysia was formed in 1963 there were three separate statutes authorising the application of english law which are s 3 5 6 of the civil law ordinance 1956 in peninsular malaysia application of laws ordinance 1956 in sabah and application of laws ordinance 1949 in sarawak. Absence of local laws attorney general malaysia v manjeet singh dhillon 1991 1 mlj 167 murray hiebert v chandra sri ram 1991 4 amr 4005 4024.

This was a direct result of the colonisation of malaya sarawak and north borneo by britain between the early 19th century to 1960s. English law and it s application in malaysian court english law in virtue article 160 of federal constitution includes the common law in so far as it is in operation in the federation or any part thereof. 4 4 the application of english common law and rules of equity limitations under the civil law act 1956 the direction under the civil law act 1956 to apply the common law of england and rules of equity is limited in west malaysia by the cut off date of 7 april 1956. It was also further emphasize that once the law of england was introduced in any state no other law would be enforced except the english law.

Therefore the english law cannot be the lex loci. It has become the personal law of the garrison members.