Application Of English Law In Malaysia

Application of english law in malaysia but not without limitations.

Application of english law in malaysia. Irrespective of which side of the argument one may take the truth is that malaysia s links with english law have contributed tremendously towards the development of the plural malaysian legal system which is highly regarded in the region. Law finals malaysia legal history preview text application of sections 3 5 and 6 of the civil law act 1956 when malaysia was formed in 1963 there were three separate statutes authorising the application of english law which are s 3 5 6 of the civil law ordinance 1956 in peninsular malaysia application of laws ordinance 1956 in sabah and application of laws ordinance 1949 in sarawak. 4 4 the application of english common law and rules of equity limitations under the civil law act 1956 the direction under the civil law act 1956 to apply the common law of england and rules of equity is limited in west malaysia by the cut off date of 7 april 1956. The common law of england after the cut off date statutes of general application after 1951 1949 principles of common law in other countries common custom of people of malaysia etc.

English law and it s application in malaysian court english law in virtue article 160 of federal constitution includes the common law in so far as it is in operation in the federation or any part thereof. It was also further emphasize that once the law of england was introduced in any state no other law would be enforced except the english law. It has become the personal law of the garrison members. In other words english law was introduced to penang through the first charter of justice in 1807.

The application of english common law could be illustrated by the situation when there is no law governing by a particular circumstances malaysia case law can be applied. The extent of the application of english law is prescribed in the following three sections which are section 3 section 5 and section 6. That qualification concern the extend to which english law is applicable. The debate on whether malaysia needs to sustain strong links with english law is likely to continue.

This day it has not been immune from criticisms and constant calls for its abolition or amendment. If there is no malaysian case law english case law can be applied. Although the act survives to. The civil law act 1956 act 67 revised 1972 cla 1965 being incorporate to all the three earlier statutes that are the statutory authority for the application of english law in today s malaysia.

10 laws of malaysia act 67 application of english law in commercial matters 5. Therefore the english law cannot be the lex loci.