HIGH COURT

4. HIGH COURT

4.1 Constitution
It was established under Article 121 (1) of the Federal Constitution. There are two High Courts: High Court of Malaya and High Court of Sabah and Sarawak. It’s decision is binding on all subordinate courts but one High Court judge is not bound to follow the decision of another.

4.2 Jurisdiction

i. Original
The High Court has unlimited jurisdiction in both civil and criminal matters. Normally, it tries only cases outside the jurisdiction of the subordinate court. 
The general civil jurisdiction is set out in section 23 (1) CJA 1964.
The High Court shall have jurisdiction to try all civil proceedings where—
(a) the cause of action arose;
(b) the defendant or one of several defendants resides or has his place of business;
(c) the facts on which the proceedings are based exist or are alleged to have occurred; or
(d) any land the ownership of which is disputed is situated,
within the local jurisdiction of the Court and notwithstanding anything contained in this section in any case where all parties consent in writing within the local jurisdiction of the other High Court.

Under section 24 CJA 1964 the High Court has specific
 (a) jurisdiction under any written law relating to divorce and matrimonial causes;
(b) the same jurisdiction and authority in relation to matters of admiralty as is had by the High Court of Justice in England under the United Kingdom Supreme Court Act 1981;
(c) jurisdiction under any written law relating to bankruptcy or to companies;
(d) jurisdiction to appoint and control guardians of infants and generally over the person and property of infants;
(e) jurisdiction to appoint and control guardians and keepers of the person and estates of idiots, mentally disordered persons and persons of unsound mind; and
(f) jurisdiction to grant probates of wills and testaments and letters of administration of the estates of deceased persons leaving property within the territorial jurisdiction of the Court and to alter or revoke such grants.

In criminal matters the High Court has jurisdiction only within its territory by virtue of section 22(1)(a) CJA 1964. High Court of Malaya has jurisdiction in Peninsular Malaysia and High Court of Sabah and Sarawak has jurisdiction over East Malaysia.

Section 22 (1)(a) provides that the High Court shall have jurisdiction to try all offences committed:
(i) within its local jurisdiction;
(ii) on the high seas on board any ship or on any aircraft registered in Malaysia;
(iii) by any citizen or any permanent resident on the high seas on board any ship or on any aircraft;
(iv) by any person on the high seas where the offence is piracy by the law of nations; and

Section 22(1)(b) provides that the High Court shall have jurisdiction to try offences under Chapter VI of the Penal Code [Act 574], and under any of the written laws specified in the Schedule to the Extra-Territorial Offences Act 1976 [Act 163], or offences under any other written law the commission of which is certified by the Attorney General to affect the security of Malaysia committed as the case may be,:
(i) on the high seas on board any ship or on any aircraft registered in Malaysia;
(ii) by any citizen or any permanent resident on the high seas on board any ship or on any aircraft; or
(iii) by any citizen or any permanent resident in any place without and beyond the limits of Malaysia.

Section 22(2) provides that The High Court may pass any sentence allowed by law.

ii. Appellate
The appellate civil jurisdiction of the High Court shall consist of the hearing of appeals from subordinate courts as hereinafter provided. (Section 27 CJA)
No appeal shall lie to the High Court from a decision of a subordinate court in any civil cause or matter where the amount in dispute or the value of the subject-matter is *ten thousand ringgit or less except on a question of law. (Section 28 (1) CJA)
An appeal shall lie from any decision of a subordinate court in any proceedings relating to maintenance of wives or children, irrespective of the amount involved. (Section 28 (2) CJA)

The appellate criminal jurisdiction of the High Court shall consist of the hearing of appeals from subordinate courts according to any law for the time being in force within the territorial jurisdiction of the High Court. (Section 26 CJA)

iii. Revisionary and supervisory
The High Court may exercise powers of revision in respect of criminal proceedings and matters in subordinate courts in accordance with any law for the time being in force relating to criminal procedure. (section 31 CJA)

The High Court may call for and examine the record of any civil proceedings before any subordinate court for the purpose of satisfying itself as to the correctness, legality or propriety of any decision recorded or passed, and as to the regularity of any proceedings of any such subordinate court. (section 32 CJA)

The High Court shall have general supervisory and revisionary jurisdiction over all subordinate courts. (section 35 (1) CJA)


4.2 Review of the Decisions of Other Judicial and Quasi-Judicial Bodies
Under Section 25(2) CJA, the High Court shall have the additional powers set out in the Schedule of the CJA
Section 1 of the Schedule provides:
Power to issue to any person or authority directions, orders or writs, including writs of the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any others, for the enforcement of the rights conferred by Part II of the Constitution, or any of them, or for any purpose.

Article 121(1A) Federal Constitution removed jurisdiction over Syariah Court begins 10 June 1988.


HIGH COURT HIGH COURT Reviewed by Kamaruddin Mahmood on 3:53:00 PTG Rating: 5

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