(a) The Original Jurisdiction of The Federal Court On January 1, 1985, the Supre e Court !

no"n as the Federal Court of #ppeals ruled that all the appeals that "ere stopped at the stage of the $ang di%&ertuan #gong' The Federal Court is the highest (udicial authority in )alaysia' *n addition, the Federal Court is the highest court and the final court of appeal in )alaysia' Function and role of the Federal Court in deter ining "hether the la"s enacted in &arlia ent or the state are +alid or not ,ecause it is outside their (urisdiction' *n the eanti e, referring to the Federal Constitution in the 1-8 (1) (,), Federal Court authority to resol+e legal disputes ,et"een states or ,et"een the Federal go+ern ent "ith a state' Chief Justice ser+es as the head of the Federal Court' #ccording to #rticle 1-1 (-) of the Federal Constitution, the Federal Court has (urisdiction in deciding cases of appeal against the decision of the case fro the Court of #ppeal, the .igh Court or a (udge thereof' #ccording to #rticle 1-8, only the Federal Court has (urisdiction to decide in accordance "ith any rules regulating the conduct of such (urisdiction and the Federal Court ha+e the (urisdiction to decide the /uestion and re it the case to another court to ,e disposed of in accordance "ith the decision' Original (urisdiction of the Federal Court e0plained in Section 81 of Judicature #ct 1912 states, sa+e as hereinafter in this #ct pro+ided, the Federal Court for the purpose of its (urisdiction under #rticle 1-8(1) and (-) of the Constitution (herein called the 3original (urisdiction4) shall ha+e the sa e (urisdiction and had and ay ,e e0ercised ,y the .igh Court' ay e0ercise the sa e po"ers as are

*n the case of Thian +' 5o+ern ent of )alaysia 619718 - )9J 11-, the applicant had ,een charged "ith co itting ar ed gang ro,,ery under sections :9- and :97 of the &enal Code , an offence punisha,le under section 5 of the Firear s (*ncreased &enalties) #ct, 1971 as a ended' *t "as argued that the Firear s (*ncreased &enalties) (# end ent) #ct, 1972 "as ultra vires the Federal Constitution as it contra+ened #rticle 8(1) of the Constitution and "as therefore +oid' #n ad(ourn ent "as o,tained to ena,le the applicant to o,tain the lea+e of a (udge of the Federal Court to start proceedings for a declaration that the #ct "as +oid for the reason stated' The court held the argu ent of the applicant "as that the #ct "as in+alid ,ecause it "as in consistent "ith the Constitution,

Clause (2) of #rticle 2 and Clause (1) of #rticle 1-8 of the Constitution did not apply and the point ay ,e raised in the ordinary "ay in the course of su, ission and deter ined in the .igh Court, "ithout reference to the Federal Court and there is no need for lea+e of a Judge of the Federal Court' So, in this case the Court has used the po"er of (udicial re+ie" under #rticle 1-8 and #rticle 2 (2) that such pro+ision is in+alid and in contradicts "ith the constitution itself' ,) The Original Jurisdiction of the .igh Court in Ci+il Cases The .igh Court has ,een around since ,efore the year 1985' The .igh Court "as esta,lished in accordance "ith #rticle 1-1 (1) of the Federal Constitution, "here there shall ,e t"o .igh Court in accordance "ith the authority and status of #rticle 1-1 (1) (a) na ely, one in the states of )alaya, "hich shall ,e !no"n as the .igh Court in )alaya and shall ha+e its principle registry at such place in the States of )alaya as the $ang di%&ertuan #gong ay deter ine and in #rticle 1-1 (1) (,) of the Federal Constitution state that, one in the State of Sa,ah and Sara"a!, "hich shall ,e !no"n as the .igh Court in Sa,ah and Sara"a! and shall ha+e its principle registry at such place in the States of Sa,ah and Sara"a! as the $ang di% &ertuan #gong ay deter ine'

The .igh Court has super+isory (urisdiction and alteration of the results of all the Su,ordinate Courts, "hether ci+il or cri inal cases' # ong the .igh Court original (urisdiction in ci+il cases are referred to section -: of the Courts of Judicature #ct 1912, su,(ect to the li itations contained in #rticle 1-8 of the Constitution the .igh Court shall ha+e (urisdiction to try all ci+il proceedings "here; (a) the cause of action arose; (,) the defendant or one of se+eral defendants resides or has his place of ,usiness (c) the facts on "hich the proceeding are ,ased e0ist or alleged to ha+e occurred; or (d) any land the o"nership of "hich is disputed is situated' *n addition, the .igh Court also found to ha+e a specific original (urisdiction in ci+il cases' #s can ,e referred to in Section -2 of the Courts of Judicature #ct 1912, the .igh Court has specific (urisdiction to< (a) (urisdiction under any "ritten la" relating to di+orce and atri onial causes;

(,) the sa e (urisdiction and authority in relation to 1981;

atters of ad iralty as is had ,y the Supre e Court #ct

.igh Court of Justice in =ngland under the >nited ?ingdo

(c) (urisdiction under any "ritten la" relating to ,an!ruptcy or to co panies; (d) (urisdiction to appoint and control guardians of infants and generally o+er the person and property of infants; (e) (urisdiction to appoint and control guardians and !eepers of the person and estates of idiots, entally disordered persons and persons of unsound ind; and

(f) (urisdiction to grant pro,ates of "ills and testa ents and letters of ad inistration of the estates of deceased persons lea+ing property "ithin the territorial (urisdiction of the Court and to alter or re+o!e such grants' This original (urisdiction of .igh Court in Ci+il case are refer to the case of >nited )alayan @an!ing Corp @hd + Sooi 9ean Tooi A Ors 619828 1 )9J 27 "here the plaintiffs, on July 8, 1977, o,tained a (udg ent fro the .igh Court of Singapore (Bthe original courtB) of C-D,125'-- together #ugust -1, 1972 until "here,y it "as ad(udged, inter alia, that the plaintiffs do reco+er against the second defendant (the respondent in the instant proceedings) and t"o others, the su "ith the interest at the rate of 15E per annu "ith onthly rests fro fro (udg ent and thereafter at the rate of 8E per annu

the date of (udg ent until

realisation and C258'59 ,y "ay of costs' The plaintiffs then applied under section 2 of the Feciprocal =nforce ent of Judg ent #ct, 1958 to ha+e the (udg ent against the respondent registered in Johore @ahru ,ut only in respect of a su of 8E per annu registration' *n this case, Justice $usof #,dul Fashid "as stated that had the situation of the instant case ,een the re+erse e0a ple had the original court ,een the .igh Court in )alaysia, and had the respondent ,een the resident of Singapore "hilst the t"o other defendants "ere residents of )alaysia, the .igh Court of )alaysia "ould then ha+e (urisdiction to deal "ith the proceedings, had the proceedings ,een instituted in one of the States of )alaysia' fro of C11,21D':8 "ith interest at the rate July 1, 198D until realisation and for C211'1- as costs' On the

registration thereof ,eing granted, the respondent applied for the setting aside of the said

c) The referral (urisdiction e0ercised ,y the .igh Court and the Federal Court' The .igh Court has (urisdiction to refer as stated in Section -2# (1) Court Judicature #ct, the .igh Court a special referee ay refer any /uestion arising out of any pro,le e0cept the cri inal procedure ,y the pu,lic prosecutor, for in/uiry or report to any special referee' The report of ay ,e adopted in "hole or a part of the .igh Court and enforced as a decree, (udg ent or order "hich has the sa e effect' *n section -2# (-), court in this case ay order the case ,e tried ,y a special referee or ar,itrator agreed upon ,y the parties in+ol+ed or court officer, in other "ords in a cause or ,y the &u,lic &rosecutor; (a) if all the parties interested "ho are not under disa,ility consent; (,) if the cause or atter re/uires any prolonged e0a ination of docu ents or any scientific or local in+estigation "hich cannot, in the opinion of the .igh Court, con+eniently ,e conducted ,y the Court through its ordinary officers; or (c) if the /uestion in dispute consists "holly or in part of *n Section -2# (-), in this all parties ,efore a court officer' *n this case, the referee or ar,itrator shall ,e dee ed to ,e an officer of the Court and shall ha+e the po"er and shall conduct the reference in such a ,y rules of court as the court "ill co anner as ay ,e prescri,ed anded as found in section -2# (:) (a)' Fefer to atters of account, ay order the "hole of atter other than a cri inal proceeding

atter the .igh Court at any ti e

or any /uestion or issue arising in it tried ,efore a special referee or ar,itrator to ,e agreed on

section -2# (:) (,), the report or a"ard of a special referee or ar,itrator on any such reference shall, unless set aside ,y the .igh Court, ,e e/ual to the decree, (udg ent or order of the Court' @esides that, in Section -2# (:) (c) state that the re uneration to ,e paid to any special referee or ar,itrator to "ho any atter is referred under order of the .igh Court shall ,e deter ined ,y the Court and in Section -2# (2) pro+ide that, the .igh Court as to references under order of the Court, ha+e all the po"ers "hich are ,y the #r,itration #ct 195- 6#ct 9:8, conferred on the .igh Court as to references ,y consent out of Court'

The .igh Court also has the (urisdiction on reference of constitutional /uestion ,y su,ordinate court' Fegarding to the Section :D, Court Judicature #ct 1912, the clause (1) state, "here in any proceedings in any su,ordinate court any /uestion arises as to the effect of any pro+ision of the Constitution the presiding officer of the court and ay stay the proceedings ay trans it the record thereof of the .igh Court' @ased on Section :D (-), #ny record

of proceedings trans itted to the .igh Court under this section shall ,e e0a ined ,y a Judge of the Court and "here the Judge considers that the decision of a /uestion as to the effect of a pro+ision of the Constitution is necessary for the deter ination of the proceedings he shall deal "ith the case in accordance "ith section 82 as if it "ere a case ,efore hi in the original (urisdiction of the .igh Court in "hich the /uestion had arisen' 9astly, in Section :D (:) e0plain that Su,sections (1) and (-) shall ,e dee ed to ,e rules of court for the purposes of #rticle 1-8(-) of the Constitution' )ean"hile, the Federal Court also has referral (urisdictions that pro+ide accordance "ith Section 82 of Judicature #ct 1912; (1) Ghere in any proceedings in the .igh Court a /uestion arises as to the effect of any pro+ision of the Constitution the Judge hearing the proceedings sa e on such ter s as Federal Court' (-) #n order staying proceedings under this section o"n the proceedings as the Judge /uestions of fact as ay ,e ade ,y the Judge of his ade at such stage of otion or on the application of any party and shall ,e ay stay the ay ,e (ust to a"ait the decision of the /uestion ,y the

ay see fit ha+ing regard to the decision of such

ay ,e necessary to ,e settled to assist the Federal Court in

deciding the /uestion "hich has arisen and to the speedy and econo ical final deter ination of the proceedings' (:) Ghere an order for stay of proceedings has ,een Constitution in the for ade under this section the ay ,e possi,le shall Judge shall state the /uestion "hich in his opinion has arisen as to the effect of the of a special case "hich so far as state the said /uestion in a for the affir ati+e or the negati+e' (2) Ghere a Judge shall ha+e stated a special case under this section the sa e shall ,e trans itted to the Federal Court in accordance "ith the rules of court of the Federal Court' "hich shall per it of an ans"er ,eing gi+en in