h 3028 law of tourism (malaysia law)

POLITEKNIK SULTAN IDRIS SHAHPOLITEKNIK SULTAN IDRIS SHAH SG.LANG, 45100 SG.AIR TAWAR SG.LANG, 45100 SG.AIR TAWAR

SELANGOR DARUL EHSANSELANGOR DARUL EHSAN

H 3028 LAW OF TOURISM

MOHAMAD IEZWAN FAHMY BIN MOHD NIZAR 17PUP09F2001

MOHD FAIZAL BIN MOHD SHARI 17PUP09F2012

MUHAMMAD HAFIZ BIN NORAZMAN 17PUP09F2013

MUHAMMAD HAFIZ BIN ARIS 17PUP09F2015

JABATAN HOSPITALITI

TITLE : LEGAL SYSTEM OF MALAYSIA

INTRODUCTION

The law of Malaysia is mainly based on the common law legal system.

This was a direct result of the colonization of Malaya, Sarawak, and

North Borneo by Britain between early 1800s to 1960s. Federal laws

enacted by the Parliament of Malaysia applies throughout the

country. There are also state laws enacted by the State Legislative

Assemblies which applies in the particular state. The constitution of

Malaysia also provides for a unique dual justice system the secular

laws (criminal and civil) and syariah laws.

HISTORY

The court system in Malaysia has its origins in the 1807 charter

known as the First Charter of Justice whereby the British East India

Company obtained from the British Crown the right to establish a

permanent Court of Judicature in the settlement of Penang.

The Federal Constitution is the supreme law of the land. It provides

the legal framework for the laws, legislations, courts, and other

administrative aspects of the law. It also defines the government

and monarch, and their powers, as well as the rights of the citizens.

LEGISLATIVE SOURCE IN MALAYSIALaw Resources In Malaysia

Written Unwritten

Constitution

Law Approve By Parliament

Law Approve By State Legislative Assembly (DUN)

Legislation Subsidiary

Common Law and Equity

High Court Decision

Unwritten Islamic Law

Custom Law

Hindu LawWritten Islamic Law

LEGISLATIVE SOURCE IN MALAYSIA

Common Law

The laws of Malaysia can be divided into two types of laws written law and

unwritten law. Written laws are laws which have been enacted in the

constitution or in legislations. Unwritten laws are laws which are not

contained in any statutes and can be found in case decisions. This is known

as the common law or case law. In situations where there is no law

governing a particular circumstance, Malaysian case law may apply. If there

is no Malaysian case law, English case law can be applied. There are

instances where Australian, Indian, and Singaporean cases are used as

persuasive authorities.


Equity Justice principal that use to solve a case or an argument.

Commerce Law Related to responsibility of people that involve in business affair and

commerce.

Statute The main and formal written law that been legislate and approve by

Parliament or a similar body.

Act Law made by Parliament.


Enactment Law made by State Legislative Assembly.

Ordinance Law that made before the National Independent and still being use

till today.

Legislation Subsidiary A small legislation made by Parliament or State Legislative

Assembly. It’s part of statute and act.

HIERARCHY COURT OF MALAYSIA

DYMM Seri Paduka Baginda Yang Dipertua Agong

Federal Court

Pleading Court

High Court of Malaysia

Sessions Courts

Magistrate Court Class 1

Borneo High Court

(Sabah & Sarawak)

Sessions Courts

Magistrate Court Class 1


Federal Court

The Federal Court is the highest court in Malaysia. The Federal

Court may hear appeals of civil decisions of the Court of Appeal

where the Federal Court grants leave to do so.

The Federal Court also hears criminal appeals from the Court of

Appeal, but only in respect of matters heard by the High Court in its

original jurisdiction


Court of Appeal

The Court of Appeal generally hears all civil appeals against

decisions of the High Court’s except where against judgment or

orders made by consent.

In cases where the claim is less than RM250,000, the judgment or

order relates to costs only, and the appeal is against a decision of a

judge in chambers on an interpleaded summons on undisputed

facts. The Court of Appeal also hears appeals of criminal decisions

of the High Court.


High Courts

The High Courts hear all matters relating to:

• Generally hear actions where the claim exceeds RM250,000,

• The validity or dissolution of marriage (divorce) and matrimonial causes,

• Bankruptcy and matters relating to the winding-up of companies,

• Guardianship or custody of children,

• Grants of probate, wills and letters of administration of estates,

• Injunctions, specific performance or rescissions of contracts,

• Legitimacy of persons.


Sessions Courts

The Sessions Courts have jurisdiction to try offences which are not

punishable by death. They are presided over by Sessions Court

judges (formerly Sessions Court Presidents).

The Sessions Courts also hear all civil matters of which the claim

exceeds RM25,000 but does not exceed RM250,000.


Magistrates' Courts

Magistrates are divided into First Class and Second Class

Magistrates, the former being legally qualified and having greater

powers. Second Class Magistrates are now not normally appointed.

The Magistrates' Courts hear all civil matters of which the claim

does not exceed RM25,000.


Magistrates' Courts

In criminal matters, First Class Magistrates' Courts generally have

power to try all offences of which the maximum term of

imprisonment does not exceed 10 years or which are punishable

with fine only, but may pass sentences of not more than five years

imprisonment, a fine of up to RM10,000, and/or up to twelve strokes

of the cane.

The Magistrates' Courts also hear appeals from the Penghulu's

Courts.


Syariah Court

There is a parallel system of state Syariah Courts which has limited

jurisdiction over matters of state Islamic (Syariah) law. The Syariah

Courts have jurisdiction only over matters involving Muslims, and

can generally only pass sentences of not more than three years

imprisonment, a fine of up to RM5,000, and/or up to six strokes of

the cane.


Others Court

Army Court

Penghulu Court

Royal Commission Court

Custom Court

CRIMINAL AND CIVIL JURISDICTION

1. Criminal Division

• The Criminal Division hears cases in the exercise of its original,

appellate or revisionary jurisdiction on any criminal matter from the

subordinate courts.

2. Civil Division

• The Civil Division hears among others, actions on foreclosure, tort

and contracts for services.


Criminal Division

The High Court has jurisdiction to try all offences committed :

within local jurisdiction

on the high seas on board any ship or on any aircraft registered in Malaysia

by any citizen or any permanent resident on the high seas on board any

ship or on any aircraft

by any person on high seas where the offence is piracy by the law of

nations; and

offences under Chapter VI of the Penal Code and those offences of extra-

territorial in nature.


Civil Division

The High Court has jurisdiction to try all proceedings where :

the cause of action arose

the defendant or one of several defendants resides or has his place

of business

the facts on which the proceedings are based exist or are alleged to

have occurred

any land the ownership of which is disputed is situated


Civil Division

The High Courts also have specific jurisdiction including :

jurisdiction under any written law relating to divorce, matrimonial

causes, bankruptcy or companies

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

jurisdiction to appoint and control guardians of infant and generally

over the person and property of infants


Civil Division

jurisdiction to appoint and control guardians and keepers of the

person and estates of idiots, mentally disordered persons and

persons of unsound mind

jurisdiction to grant probates of will and testaments and letters of

administration of estates of deceased persons leaving property

within the territorial jurisdiction of the Court and to alter or revoke

such grants

FEDERAL LAW AND STATE LAW

The court system in Malaysia has its origins in the 1807 charter

known as the First Charter of Justice whereby the British East India

Company obtained from the British Crown the right to establish a

permanent Court of Judicature in the settlement of Penang.

The Federal Constitution is the supreme law of the land. It provides

the legal framework for the laws, legislations, courts, and other

administrative aspects of the law. It also defines the government

and monarch, and their powers, as well as the rights of the citizens.

CONCLUSION

From the research, we can conclude that there is variety of law in

Malaysia. Each of it have it own function to determine the decision

to solve any case or an argument in order to gain justice. There’s a

lot of court in Malaysia such as High Court, Federal Court, Appeal

Court, Session Court, Syariah Court and Magistrate Court

h 3028 law of tourism (malaysia law)

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