Discuss The Application Of English Law In Malaysia

The law prevalent in malaysia comprises of local laws and laws of england received into the malaysian legal system through the doctrine of reception.

Discuss the application of english law in malaysia. However only the relevant part which is suited to the local needs and circumstances applies. Although the act survives to this day it has not been immune from criticisms and constant calls for its abolition or amendment. Consequently not all english laws are applicable in malaysia. The extent of the application of english law is prescribed in the following three sections which are section 3 section 5 and section 6.

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. 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 civil law act 1956 act 67 revised 1972 cla 1965 being incorporate to all the three earlier statutes that are the statutory authority for the application of english law in today s malaysia. That qualification concern the extend to which english law is applicable.

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. In formulating malaysia s own common law the court is free to look at any source of law local or non local. Section 3 and 5 of the civil law act 1956 provide that english law relating to contract is applicable in malaysia in relation to areas not covered by our legislation or our case law. Section 5 of the criminal procedure code states that english law shall be applied in cases where no specific legislation has been enacted.

Many of the local laws especially those affecting trade commerce and banking were patterned on english models or in some instance other colonial laws e g. Malaysia has also adopted its. The english law is adopted so far as they were suitable to local conditions.