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 —
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FEDERAL COURT
JUDGES
▼
COURT OF APPEAL
JUDGES
▼
PRESIDENT OF THE
COURT OF APPEAL
▼
CHIEF JUSTICE
SESSIONS COURT
JUDGES
▼
MAGISTRATES
▼
MAGISTRATES
HIGH COURT JUDGES/
JUDICIAL
COMMISSIONERS OF
SABAH AND SARAWAK
▼
CHIEF JUDGE OF
SABAH AND SARAWAK
▼
SESSIONS COURT
JUDGES
HIGH COURT JUDGES/
JUDICIAL
COMMISSIONERS OF
MALAYA
▼
CHIEF JUDGE OF
MALAYA
▼
ORGANIZATION
CHART
OF JUDICIAL
JUDICIARY
ORGANIZATION
CHART
OF THE
BODY
(ADMINISTRATION)
MAGISTRATES
▼
SESSIONS
COURT
JUDGES
▼
SENIOR
ASSISTANT
REGISTRARS
▼
MAGISTRATES
▼
SESSIONS
COURT
JUDGES
▼
▼
SENIOR
ASSISTANT
REGISTRARS
▼
DEPUTY
REGISTRARS
HIGH COURT
▼
▼
SERVICE AND
TRAINING
UNIT
▼
▼
FINANCE
UNIT
▼
▼
HUMAN
RESOURCES AND
FINANCE
DIVISION
▼
POST AND
PERSONNEL
UNIT
COMMISSIONERS
FOR OATHS
DIVISION
GENERAL
ADMINISTRATION
UNIT
RESEARCH & SPECIAL
DUTIES DIVISION
REGISTRAR
HIGH COURT
IN SABAH
AND SARAWAK
REGISTRAR
HIGH COURT
IN MALAYA
PRACTICING
CERTIFICATE
UNIT
▼
▼
▼
DEPUTY
REGISTRARS
HIGH COURT
REGISTRAR
COURT OF
APPEAL
DEPUTY
REGISTRAR
FEDERAL
COURT
▼
▼
▼
CHIEF REGISTRAR OF
THE FEDERAL COURT
ORGANIZATION CHART OF CHIEF REGISTRAR’S OFFICE
▼
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LIBRARY
UNIT
▼
INFORMATION
TECHNOLOGY AND
COMMUNICATION
DIVISION
▼
“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 –
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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)
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• 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).
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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.
2.
(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;
(b)
conduct himself in such manner as is likely to
bring his private interests into conflict with his
judicial duties;
(c)
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;
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(e)
lack efficiency or industry;
(f)
inordinately and without reasonable explanation
delay in the disposal of cases, the delivery of
decisions and the writing of grounds of
judgement;
(g)
refuse to obey a proper administrative order
or refuse to comply with any statutory direction;
(h)
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
(i)
be a member of any political party or participate
in any political activity.
(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
firm’s name;
(b) to ensure that his name does not appear in the
firm’s 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 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 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)
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.]
[(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 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 Malaysian Judiciary: A Record 1986 to
1993 - Publisher MLJ Sdn. Bhd.]
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. 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)
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]
[(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 Palace of Justice
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
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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
Open Court
of former
Federal Court
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–
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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
31
59
46
44
78%
51%
Criminal
Appeal
74
44
61
57
139%
52%
Leave
Application
207
180
203
184
113%
52%
Petition
(Original
Jurisdiction)
1
1
-
2
0%
0%
313
284
310
287
109%
52%
Total
Cases Registered in the Federal Court from
1.4.2003 to 30.6.2004
1
59
44
180
Civil Appeal
Criminal Appeal
Leave Application
Petition (Original Jurisdiction)
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