MALAYSIAN JUDICIAL STRUCTURE

Superior Courts Federal Court

Special Court

Court of Appeal High Court in Malaya Subordinate Courts High Court in Sabah and Sarawak

Sessions Court

Magistrates Courts

Court for Children

Promotion of judges, wherever such a system exists, should be based on objective factors, in particular ability, integrity and experience. Clause 13 of the United Nations Basic Principles on the Independence of the Judiciary

ORGANIZATION CHART OF JUDICIARY ORGANIZATION CHART OF THE JUDICIAL BODY (ADMINISTRATION)

CHIEF JUSTICE

PRESIDENT OF THE COURT OF APPEAL CHIEF JUDGE OF MALAYA

CHIEF JUDGE OF SABAH AND SARAWAK

FEDERAL COURT JUDGES

COURT OF APPEAL JUDGES

HIGH COURT JUDGES/ JUDICIAL COMMISSIONERS OF MALAYA

HIGH COURT JUDGES/ JUDICIAL COMMISSIONERS OF SABAH AND SARAWAK

SESSIONS COURT JUDGES

SESSIONS COURT JUDGES

MAGISTRATES

MAGISTRATES

ORGANIZATION CHART OF CHIEF REGISTRARS OFFICE

CHIEF REGISTRAR OF THE FEDERAL COURT

REGISTRAR HIGH COURT IN SABAH AND SARAWAK RESEARCH & SPECIAL DUTIES DIVISION

COMMISSIONERS FOR OATHS DIVISION

HUMAN RESOURCES AND FINANCE DIVISION

INFORMATION TECHNOLOGY AND COMMUNICATION DIVISION

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PRACTICING CERTIFICATE UNIT

DEPUTY REGISTRAR FEDERAL COURT

REGISTRAR COURT OF APPEAL

REGISTRAR HIGH COURT IN MALAYA

SESSIONS COURT JUDGES

SESSIONS COURT JUDGES

DEPUTY REGISTRARS HIGH COURT

DEPUTY REGISTRARS HIGH COURT

GENERAL ADMINISTRATION UNIT

SERVICE AND TRAINING UNIT SENIOR ASSISTANT REGISTRARS

POST AND PERSONNEL UNIT

FINANCE UNIT

LIBRARY UNIT

MAGISTRATES

MAGISTRATES

SENIOR ASSISTANT REGISTRARS

Impartiality is essential to the proper discharge of the judicial office. It applies not only to the decision itself but also to the process by which the decision is made

The night view of the main entrance of Palace of Justice

A judge shall perform his or her judicial duties without favour, bias or prejudice Integrity is essential to the proper discharge of the judicial office Propriety, and the appearance of propriety, are essential to the performance of all of the activities of a judge The Bangalore Principles of Judicial Conduct

JUDGES OF THE SUPERIOR COURTS

A judge of the superior court holds office until he attains the age of sixty-five years or such later time, not being later than six months after he attains that age, as the Yang di-Pertuan Agong may approve (Article 125 (1) of Federal Constitution) may resign at any time by writing under his hand addressed to the Yang di-Pertuan Agong (Article 125 (2) of Federal Constitution) cannot be removed from the office except in accordance with Article 125 of Federal Constitution, that is, if the Prime Minister or the Chief Justice after consulting the Prime Minister, represents to the Yang di-Pertuan Agong that he ought to be removed on the ground of any breach of the code of ethics; or inability, from infirmity of body or mind or any other cause, properly to discharge the functions of his office (Article 125 (2) and (3) of Federal Constitution) The representation shall be referred to a tribunal appointed by the Yang di-Pertuan Agong and he may be removed from office on the recommendation of such tribunal. The said tribunal shall consist of not less than five persons who hold or have held office as judges of the superior courts or have held equivalent office in any other part of the Commonwealth (Article 125 (4) of Federal Constitution) may be suspended from the exercise of his functions as a judge pending the report of the tribunal (Article 125 (5) of Federal Constitution)

 remuneration provided for by law and charged on the Consolidated Fund (Article 125 (6) of Federal Constitution)

remuneration and other terms of office cannot be altered to his disadvantage after his appointment (Article 125 (7) of Federal Constitution)

the validity of anything done by him shall not be questioned on the ground that he had attained the age at which he was required to retire (Article 125 (8) Federal Constitution)

conduct shall not be discussed in the Legislative Assembly of any State but Parliament may do so on substantive motion of which notice has been given by not less than one quarter of the total number of members of that House (Article 127 of Federal Constitution); and

stands in similar position as ministers of the Federal Cabinet, members of the State Executive Councils, members of Parliament and State Assemblymen in that he is not a public servant (Article 132 (3) of Federal Constitution).

JUDGES CODE OF ETHICS 1994

In exercise of the powers conferred by Clause (3A) of Article 125 of the Federal Constitution, the Yang di-Pertuan Agong on the recommendation of the Chief Justice, the President of the Court of Appeal and the Chief Judges of the High Courts, and after consulting the Prime Minister, prescribes the following code of ethics: 1. This code of ethics may be cited as the Judges Code of Ethics 1994. (1) This code of Ethics shall apply to a judge throughout the period of his service. (2) The breach of any provision of this Code of Ethics may constitute a ground for the removal of a judge from office. 3. (1) A judge shall not (a) subordinate his judicial duties to his private interests; conduct himself in such manner as is likely to bring his private interests into conflict with his judicial duties; conduct himself in any manner likely to cause a reasonable suspicion that (i) he has allowed his private interests to come into conflict with his judicial duties so as to impair his usefulness as a judge; or (ii) he has used his judicial position for his personal advantage; (d) conduct himself dishonestly or in such manner as to bring the Judiciary into disrepute or to bring discredit thereto;

2.

(b)

(c)

(e) (f)

lack efficiency or industry; inordinately and without reasonable explanation delay in the disposal of cases, the delivery of decisions and the writing of grounds of judgement; refuse to obey a proper administrative order or refuse to comply with any statutory direction; absent himself from his court during office hours without reasonable excuse or without prior permission of the Chief Justice, the President of the Court of Appeal or the Chief Judge, as the case may be; and be a member of any political party or participate in any political activity.

(g)

(h)

(i)

(2) For the purpose of paragraph (1) (h) office hours means the normal office hours (which do not include staggered working hours) applicable to the Federal Government officers in the State or in Wilayah Persekutuan where the Judge is stationed. (3) A judge shall, on his appointment or at any time thereafter as may be required by Chief Justice, declare in writing all his assets to the Chief Justice. 4. A judge shall, on his appointment, cease to have any connection with the firm where he was practising as an advocate and solicitor prior to his appointment. For this purpose, the judge shall take the following steps: (a) to ensure that his name is removed from the firms name; (b) to ensure that his name does not appear in the firms letterheads; and (c) to ensure that he has no dealing with the firm or any member of the firm.

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CONFERENCE ROOM

FEDERAL COURT JUSTICES

The Rt. Hon. Tan Sri Dato Sri Ahmad Fairuz Bin Dato Sheikh Abdul Halim Chief Justice of The Federal Court Age: 62 years Appointed as Judicial Commissioner: 1.12.1988 Elevated to the High Court: 1.8.1990 Elevated to the Court of Appeal: 1.12.1995 Elevated to the Federal Court: 1.9.2000 Appointed as Chief Judge High Court of Malaya: 1.9.2001 Appointed as President of The Court of Appeal: 1.12.2002 Appointed as Chief Justice of The Federal Court: 16.3.2003

The Rt. Hon. Dato Hj. Abdul Malek Bin Hj. Ahmad President of the Court of Appeal Age: 59 years Elevated to the High Court: 1.1.1985 Elevated to the Court of Appeal: 1.12.1995 Elevated to the Federal Court: 1.5.1999 Appointed as President of The Court of Appeal: 12.7.2004

The Rt. Hon. Tan Sri Dato Seri Haidar Bin Mohd. Noor Chief Judge High Court in Malaya Age: 65 years Elevated to the High Court: 14.9.1988 Elevated to the Court of Appeal: 1.2.1998 Elevated to the Federal Court: 1.1.2001 Appointed as Chief Judge High Court of Malaya: 1.12.2002

The Rt. Hon. Tan Sri Datuk Amar Steve Shim Lip Kiong Chief Judge High Court in Sabah and Sarawak Age: 64 years Appointed as Judicial Commissioner: 1.3.1992 Elevated to the High Court: 1.8.1992 Elevated to the Federal Court and appointed Chief Judge High Court Sabah and Sarawak: 1.9.2000

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The Hon. Dato Siti Norma Binti Yaakob Age: 64 years Elevated to the High Court: 4.4.1983 Elevated to the Court of Appeal: 17.9.1994 Elevated to the Federal Court: 1.1.2001

The Hon. Dato Abdul Hamid Bin Hj. Mohamad Age: 62 years Appointed as Judicial Commissioner: 1.5.1990 Elevated to the High Court: 1.3.1992 Elevated to the Court of Appeal: 1.9.2000 Elevated to the Federal Court: 1.8.2003

The Hon. Dato Pajan Singh Gill Age: 64 years Appointed as Judicial Commissioner: 16.8.1990 Elevated to the High Court: 1.3.1992 Elevated to the Court of Appeal: 6.8.2002 Elevated to the Federal Court: 1.8.2003

The Hon. Datin Paduka Rahmah Binti Hussain Age: 65 years Appointed as Judicial Commissioner: 1.3.1992 Elevated to the High Court: 16.10.1994 Elevated to the Court Appeal: 6.8.2002 Elevated to the Federal Court: 1.8.2003

The Hon. Dato Hj. Alauddin bin Dato Mohd Sheriff Age: 57 years Appointed as Judicial Commissioner: 1.3.1992 Elevated to the High Court: 1.8.1992 Elevated to the Court of Appeal: 1.4.2001 Elevated to the Federal Court: 12.7.2004

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FORMER LORD PRESIDENTS/ CHIEF JUSTICES

The Rt. Hon. James Beveridge Thomson, Tun Sir S.S.M, P.M.N., P.J.K. 16.9 1963-31.5.1966 (The 1st Lord President)
[The Malaysian Judiciary: A Record 1986 to 1993 - Publisher MLJ Sdn. Bhd.]

The Rt. Hon. Syed Sheh bin Syed Hassan Barakbah Al-Haj, Tun S.S.M., P.M.N., D.P.M.K., P.S.B. 1.6.1966-9.9.1968 (The 2nd Lord President)
[The Malaysian Judiciary: A Record 1986 to 1993 - Publisher MLJ Sdn. Bhd.]

The Rt. Hon. Mohamed Azmi bin Haji Mohamed, Tun Dato S.S.M., P.M.N., D.P.M.K., P.S.B., P.J.K. 10.9.1968-30.4.1974 (The 3rd Lord President)
[The Malaysian Judiciary: A Record 1986 to 1993 - Publisher MLJ Sdn. Bhd.]

The Rt. Hon. Mohamed Suffian bin Haji Mohamed Hashim, Tun S.S.M., P.S.M., S.P.C.M., D.I.M.P., J.M.N., S.M.B. (Brunei), P.J.K., LL.D., D. Litt 1.5.1974-12.11.1982 (The 4th Lord President)
[(1974) 1 MLJ]

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The Rt. Hon. Azlan Shah Ibni Almarhum Sultan Yussuf Izzuddin Shah, D.Y.M.M. Sultan S.S.M., D.K., P.M.N., P.S.M., S.P.C.M., S.P.T.S., S.P.M.P., S.I.M.P., D. Litt, LL.D. 12.11.1982-2.2.1984 (The 5th Lord President)
[The Malaysian Judiciary: A Record 1986 to 1993 - Publisher MLJ Sdn. Bhd.]

The Rt. Hon. Mohamed Salleh bin Abas, Tun Dato S.S.M., P.M.N., P.S.M., S.P.M.T. D.P.M.T., J.M.N., S.M.T. 3.2.1984-8.8.1988 (The 6th Lord President)
[(1984) 1 MLJ ]

The Rt. Hon. Abdul Hamid bin Haji Omar, Tun Dato Seri S.S.M., P.M.N., P.S.M., S.S.M.T., S.I.M.T, S.I.M.P., S.P.M.S., D.P.M.P., P.M.P. 9.8.1988-9.11.1988 (Acting Lord President) 10.11.1988-24.9.1994 (The 7th Lord President/ The 1st Chief Justice)
[The Malaysian Judiciary: A Record 1986 to 1993 - Publisher MLJ Sdn. Bhd.]

The Rt. Hon. Mohd Eusoff bin Chin, Tun Dato Seri Haji S.S.M., P.S.M., S.P.C.M., D.P.M.J., D.P.M.K., J.S.M., S.M.J. 25.9.1994-19.12.2000 (The 2nd Chief Justice)
[Collection from the Federal Court Library]

The Rt. Hon. Mohamed Dzaiddin bin Haji Abdullah, Tun Dato Seri S.S.M., P.S.M., S.P.C.M., D.S.P.J., D.P.M.P, D.M.P.N. 20.12.2000-14.3.2003 (The 3rd Chief Justice)
[(September 1993) KANUN]

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THE FEDERAL COURT The Apex Court

The Federal Court is the highest judicial authority in the country. It was established pursuant to Article 121(2) of the Federal Constitution. Its decision binds all the courts below. Prior to 1st January 1985, the superior courts system in Malaysia was three-tiered, namely, The Privy Council The Supreme Court The High Court Malaya and the High Court Borneo. The Privy Council was the highest court of appeal for Malaysia until 31st December 1984. On 1st January 1985, all appeals from Malaysia to the Privy Council were abolished. In its place, the Supreme Court was established making it the final court of appeal in the country. The abolishment of appeals to the Privy Council resulted in a change from the three-tiered system of superior courts to a two-tiered system, which was the Supreme Court and the two (2) High Courts. In 1994, a significant change took place in the Judiciary w h e n Parliament amended the Federal Constitution. With the

The Palace of Justice

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amendment, the Court of Appeal was established. The Supreme Court was renamed the Federal Court. As a consequence, the three-tiered system of the superior courts was restored. The Federal Court is headed by the Chief Justice. Prior to the amendment the post was known as the Lord President. Members According to Article 122(1) of the Federal Constitution, the Federal Court shall consist of the Chief Justice, the President of the Court of Appeal, the two Chief Judges of the two High Courts and seven other judges. Appointment of Judges Article 122B of the Federal Constitution provides for the appointment of the Chief Justice, the President of the Court of Appeal, the Chief Judges of the High Courts and the other judges of the Federal Court by the Yang di-Pertuan Agong, acting on the advice of the Prime Minister, after consulting the Conference of Rulers. Before tendering his advice, the Prime Minister shall, except for the appointment of the Chief Justice, consult the Chief Justice.

Open Court of The Federal Court

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Appointment of Additional Judges Article 122(1A) of the Federal Constitution, allows the Yang di-Pertuan Agong, acting on the advice of the Chief Justice, to appoint any person who has held high judicial office in Malaysia to be an additional judge of the Federal Court. This appointment may be for such purposes or for such period as may be determined by the Yang di-Pertuan Agong. Composition Every proceeding in the Federal Court is according to section 74 of the Courts of Judicature Act 1964, heard and disposed off by three judges or such greater uneven number of judges as the Chief Justice may in any particular case determine. In the absence of the Chief Justice the most senior member of the Court shall preside. Article 122(2) of the Federal Constitution provides that the Chief Justice, if he considers that the interests of justice so require, may nominate a judge of the Court of Appeal other than the President of the Court of Appeal to sit as a judge in the Federal Court. Sittings The Court sits on such dates and at such places as the Chief Justice may from time to time direct. Normally the Federal Court sits at the Palace of Justice in Putrajaya. However the Federal Court also goes on circuit to the major towns of Penang, Ipoh, Kota Bharu, Johor Bahru, Alor Setar, Kuantan, Malacca, Kuching and Kota Kinabalu (section 75 of the Courts of Judicature Act 1964).

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Jurisdiction
Article 121(2) of the Federal Constitution confers the Federal Court with the following jurisdiction (a) to determine appeals from decisions of the Court of Appeal, of the High Court or a judge thereof; (b) such original or consultative jurisdiction as is specified in Articles 128 and 130; and (c) such other jurisdiction as may be conferred by or under federal law.

Criminal Appeals The Federal Court may subject to section 87 of the Courts of Judicature Act 1964 hears and determines appeals against decisions of the Court of Appeal relating to any criminal matter decided by the High Court in the exercise of its original jurisdiction. Civil Appeals Section 96 of the Courts of Judicature Act 1964 provides that an appeal against the decision of the Court of Appeal may be made to the Federal Court with the leave of the Federal Court. Leave is only granted if

Open Court of former Federal Court

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(a) the decision of the Court of Appeal is in respect of any civil cause or matter decided by the High Court in exercise of its original jurisdiction where it involves a question of general principle of law decided for the first time or a question of importance upon which further argument and a decision of the Federal Court would be to public advantage; or (b) the decision of the Court of Appeal is as to the effect of any provision of the Federal Constitution including the validity of any written law relating to any such provision. (section 96(a) and (b) Courts of Judicature Act 1964).

Original The Federal Court has the exclusive jurisdiction to determine (a) any question whether a law made by Parliament or by the Legislature of a State is invalid on the ground that it makes provision with respect to a matter with respect to which Parliament or, the Legislature of the State has no power to make laws; and (b) disputes on any other question between States or between the Federation and any State. (Article 128(1) of the Federal Constitution).

Ante Room of the Federal Court

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Referral The referral jurisdiction of the Federal Court is provided for in Article 128(2) of the Federal Constitution which reads Without prejudice to any appellate jurisdiction of the Federal Court, where in any proceedings before another court a question arises as to the effect of any provision of this Constitution, the Federal Court shall have jurisdiction (subject to any rules of court regulating the exercise of that jurisdiction) to determine the question and remit the case to the other court to be disposed of in accordance with the determination.

Advisory The advisory jurisdiction of the Federal Court is provided for in Article 130 of the Federal Constitution which reads The Yang di-Pertuan Agong may refer to the Federal Court for its opinion any question as to the effect of any provision of this Constitution which has arisen or appears likely to arise, and the Federal Court shall pronounce in open court its opinion on any question so referred to it.

Officers and staff of the Federal Court Registry

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Cases Registered, Disposed Off and Pending from 1.4.2003 to 30.6.2004

Pending as at 1.4.2003

Registered from 1.4.2003 to 30.6.2004

Disposed Off from 1.4.2003 to 30.6.2004

Pending as at 1.7.2004

Percentage of Disposal as against Registration

Percentage of Disposal as against Pending

(as at 1.4.2003) + Registration

Civil Appeal Criminal Appeal Leave Application Petition (Original Jurisdiction) Total

31

59

46

44

78%

51%

74

44

61

57

139%

52%

207

180

203

184

113%

52%

0%

0%

313

284

310

287

109%

52%

Cases Registered in the Federal Court from 1.4.2003 to 30.6.2004

59

44 180

Civil Appeal Criminal Appeal Leave Application Petition (Original Jurisdiction)

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