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COMPARE AND

CONTRAST THE
RECEPTION OF ENGLISH
LAW IN STRAITS
SETTLEMENT, MALAY
STATES AND BORNEO
STATES.

INTRODUCTION

SIMILARITIES

SOURCES OF LAW BEFORE


BRITISH INTERVENTION
Govern by their own law
Religion and customary law- Sahrip v. Mitchell
(1877), Shaik Abdul Latiff & Ors v. Shaik Elias
Bux (1915)
Customary law- Six Widows Case (1908), Ong
Cheng Neo v. Yap Kwan Seng (1897)

THE INTRODUCTION OF ENGLISH LAW


ARE SUBEJCTED TO THE LOCAL
CIRCUMSTANCES IN ORDER TO AVOID
INJUSTICE AND OPPRESSION

Straits Settlement: Chulas & Kachee v. Kolson

(1867)
Malay States: S.2(1) Civil Law Enactment 1937
Sabah: Civil Law Ordinance 1938
Sarawak: Laws of Sarawak Ordinance 1928

DIFFERENCES

STATUS OF TERRITORY AFTER


BRITISH INTERVENTION
Straits Settlement

Straits Settlements became


a British Crown colony,
making the Settlements
answerable directly to the
Colonial Office in London
instead of the government
of British India based in
Calcutta, British India.

Malay States

British-protected states
where rulers are still in
reign of respective states
but exercise of
administration was made
by British residents (FMS)
and advisors (UMS) except
matters pertaining to Islam
and Malay.

BORNEO STATES
Sabah

In 1846, the island of Labuan on


the west coast of Sabah was
ceded to Britain by the Sultan of
Brunei and in 1848 it became a
British Crown Colony while the
territory of Sabah ceded through
an agreement on 1877, the
territory on the eastern part were
also ceded by the Sultanate of
Sulu in 1878.

North Borneo became a


protectorate of the United
Kingdom in 1888.

Sarawak

Sarawak became a British


Crown colony in July 1946

SOURCES OF LAW
Straits Settlement

Customary

Case: The Six Widows Case


(1908)

Malay States

Customary

Malay adat (Temenggung and


Perpatih)
Modified by the principle of
Syariah (Mohamedan Law)
Non-malays (personal law)

SOURCES OF LAW IN
BORNEO STATES
Customary law and native law
Case: Kho Leng Guan v. Kho Eng Guan (192841)-Sarawak

INFORMAL RECEPTION OF
ENGLISH LAW
STRAITS
SETTLEMENT

Regulation of 1794
(Penang)

Case: James Sudd (1793),


Ahpoe v. Kehin (1797)

The Memorandum
(Singapore)

Dutch Law influence


(Melaka)

MALAY STATES

Residental System
(Federated Malay States)

Case: Government of Perak v.


Adam (1914), Motor Emporium
v. Arumugam (1933)

Advisory System
(Unfederated Malay States)

Case: Goh Eng Seong v. Tay


Keng Seow (1935)

INFORMAL RECEPTION OF
ENGLISH LAW IN BORNEO
STATES
Sabah and Sarawak remained under private

administration :
Sabah:- North Borneo Company
Sarawak :- Brooke Family

FORMAL RECEPTION OF
ENGLISH LAW
Straits Settlement
Malay States

Royal Charters of Justice

RCJ 1 (1807) In the Goods of


Abdullah, Fatimah v Logan
RCJ 2 (1826) Rodyk v.
Williamson
RCJ 3 (1855)

Legislation

English Statutes
Indian Statutes

FMS- Civil Law Enactment


1937

UMS- Civil Law (Extension)


Ordinance 1951

BORNEO STATES
Sarawak

Sarawak Law Ordinance


1949

Case: Kho Leng Guan v. Kho


Eng Guan

Sabah

Sabah Law Ordinance 1951

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