Proceedings in High Court to be disposed of by single Judge
(1) Every proceeding in the High Court and all business arising thereout shall, save as provided by any written law, be heard and disposed of before a single Judge.
(2) Whenever any Judge, after having heard and recorded the whole or any part of the evidence in a proceeding, is unable through death, illness or other cause to conclude the proceeding, another Judge may—
(a) continue with the proceeding from the stage at which the previous Judge left it and—
(i) act on the evidence already recorded by the previous Judge; or
(ii) act on the evidence partly recorded by the previous Judge and partly by himself; or
(b) resummon the witnesses and recommence the proceeding.
(3) Where the Judge acts under subparagraph 2(a)(i) he may, either on his volition or at the request of any party to the proceeding, recall any of the witnesses as in respect of any part of the evidence already recorded, or he may take their evidence afresh:
Provided that in respect of a criminal proceeding, the Court of Appeal and the Federal Court may, on appeal, set aside any conviction had on evidence not wholly recorded by the Judge before whom the conviction was had if such Court is of the opinion that the accused had been materially prejudiced thereby, and may order a new trial.
Sittings of the High Court
The High Court shall sit at such times and at such places as the Chief Judge shall from time to time appoint.
Distribution of business
The distribution of business among the Judges of the High Court shall be made in accordance with such directions, which may be of a general or a particular nature, as may be given by the Chief Judge.
Vacations
The Chief Judge may make rules as to vacations of the High Court not exceeding one month in any calendar year.
Original Jurisdiction
Criminal jurisdiction
(1) The High Court shall have jurisdiction to try—
(a) all offences committed—
(i) within its local jurisdiction;
(ii) on the high seas on board any ship or on any aircraft registered in Malaysia;
(iii) by any citizen or any permanent resident on the high seas on board any ship or on any aircraft;
(iv) by any person on the high seas where the offence is piracy by the law of nations; and
(b) offences under Chapter VI of the Penal Code [Act 574], and under any of the written laws specified in the Schedule to the Extra-Territorial Offences Act 1976 [Act 163], or offences under any other written law the commission of which is certified by the Attorney General to affect the security of Malaysia committed as the case may be,—
(i) on the high seas on board any ship or on any aircraft registered in Malaysia;
(ii) by any citizen or any permanent resident on the high seas on board any ship or on any aircraft; or
(iii) by any citizen or any permanent resident in any place without and beyond the limits of Malaysia.
(2) The High Court may pass any sentence allowed by law.
Civil jurisdiction—general
(1) Subject to the limitations contained in Article 128 of the Constitution the High Court shall have jurisdiction to try all civil proceedings where—
(a) the cause of action arose;
(b) the defendant or one of several defendants resides or has his place of business;
(c) the facts on which the proceedings are based exist or are alleged to have occurred; or
(d) any land the ownership of which is disputed is situated,
within the local jurisdiction of the Court and notwithstanding anything contained in this section in any case where all parties consent in writing within the local jurisdiction of the other High Court.
(2) Without prejudice to the generality of subsection (1), the High Court shall have such jurisdiction as was vested in it immediately prior to Malaysia Day and such other jurisdiction as may be vested in it by any written law in force within its local jurisdiction.
Civil jurisdiction—specific
Without prejudice to the generality of section 23 the civil jurisdiction of the High Court shall include—
(a) jurisdiction under any written law relating to divorce and matrimonial causes;
(b) the same jurisdiction and authority in relation to matters of admiralty as is had by the High Court of Justice in England under the United Kingdom Supreme Court Act 1981;
(c) jurisdiction under any written law relating to bankruptcy or to companies;
(d) jurisdiction to appoint and control guardians of infants and generally over the person and property of infants;
(e) jurisdiction to appoint and control guardians and keepers of the person and estates of idiots, mentally disordered persons and persons of unsound mind; and
(f) jurisdiction to grant probates of wills and testaments and letters of administration of the estates of deceased persons leaving property within the territorial jurisdiction of the Court and to alter or revoke such grants.
Reference under order of Court
(1) The High Court may refer any question arising in any cause or matter, other than a criminal proceeding by the Public Prosecutor, for inquiry or report to any special referee. The report of a special referee may be adopted wholly or partially by the High Court and enforced as a decree, judgment or order to the same effect.
(2) In any cause or matter other than a criminal proceeding by the Public Prosecutor—
(a) if all the parties interested who are not under disability consent;
(b) if the cause or matter requires any prolonged examination of documents or any scientific or local investigation which cannot, in the opinion of the High Court, conveniently be conducted by the Court through its ordinary officers; or
(c) if the question in dispute consists wholly or in part of matters of account,
the High Court may at any time order the whole cause or matter or any question or issue of fact arising therein to be tried before a special referee or arbitrator respectively agreed on by the parties or before an officer of the Court.
(3) (a) In all cases of reference to a special referee or arbitrator under an order of the High Court in any cause or matter, the special referee or arbitrator shall be deemed to be an officer of the
Court and shall have such authority and shall conduct the reference in such manner as is prescribed by rules of court, and subject thereto as the High Court may direct.
(b) The report or award of any special referee or arbitrator on any such reference shall, unless set aside by the High Court, be equivalent to the decree, judgment or order of the Court.
(c) The remuneration to be paid to any special referee or arbitrator to whom any matter is referred under order of the High Court shall be determined by the Court.
(4) The High Court shall, as to references under order of the Court, have all the powers which are by the Arbitration Act 1952 [Act 93], conferred on the High Court as to references by consent out of Court.
Powers of the High Court
(1) Without prejudice to the generality of Article 121 of the Constitution the High Court shall in the exercise of its jurisdiction have all the powers which were vested in it immediately prior to Malaysia Day and such other powers as may be vested in it by any written law in force within its local jurisdiction.
(2) Without prejudice to the generality of subsection (1) the High Court shall have the additional powers set out in the Schedule:
Provided that all such powers shall be exercised in accordance with any written law or rules of court relating to the same.
Orders for interim payment
(1) As regards proceedings pending in the High Court, provision may be made by rules of court for enabling the Court in such circumstances as may be prescribed, to make an order requiring a party to the proceedings to make an interim payment of such amount as may be specified in the order, with provision for the payment to be made to such other party to the proceedings as may be so specified or, if the order so provided, by paying it into Court.
(2) Any rules of court which make provision in accordance with subsection (1) may include provision for enabling a party to any proceedings who, in pursuance of such an order has made an interim payment, to recover the whole or part of the amount of the payment in such circumstances and from such other party to the proceedings as may be determined in accordance with the rules.
(3) Any rules made by virtue of this section may include such incidental, supplementary and consequential provisions as may be considered necessary or expedient.
(4) Nothing in this section shall be construed as affecting the exercise of any power relating to costs, including any power to make rules of court relating to costs.
(5) In this section “interim payment”, in relation to a party to any proceedings, means a payment on account of any damages, debt or other sum excluding any costs which that party may be held liable to pay to or for the benefit of another party to the proceedings if a final judgment or order of the Court in the proceedings is given or made in favour of that other party.
Appellate Jurisdiction
Appellate criminal jurisdiction
The appellate criminal jurisdiction of the High Court shall consist of the hearing of appeals from subordinate courts according to any law for the time being in force within the territorial jurisdiction of the High Court.
Appellate civil jurisdiction
The appellate civil jurisdiction of the High Court shall consist of the hearing of appeals from subordinate courts as hereinafter provided.
Civil appeals from subordinate courts
(1) Subject to any other written law, no appeal shall lie to the High Court from a decision of a subordinate court in any civil cause or matter where the amount in dispute or the value of the subject-matter is *ten thousand ringgit or less except on a question of law.
(2) An appeal shall lie from any decision of a subordinate court in any proceedings relating to maintenance of wives or children, irrespective of the amount involved.
Civil appeals to be by way of re-hearing
All civil appeals from a subordinate court shall be by way of re-hearing, and the High Court shall have the like powers and jurisdiction on the hearing of appeals as the Court of Appeal has on the hearing of appeals from the High Court.
Reference of constitutional question by subordinate court
(1) Where in any proceedings in any subordinate court any question arises as to the effect of any provision of the Constitution the presiding officer of the court may stay the proceedings and may transmit the record thereof to the High Court.
(2) Any record of proceedings transmitted to the High Court under this section shall be examined by a Judge of the Court and where the Judge considers that the decision of a question as to the effect of a provision of the Constitution is necessary for the determination of the proceedings he shall deal with the case in accordance with section 84 as if it were a case before him in the original jurisdiction of the High Court in which the question had arisen.
(3) Subsections (1) and (2) shall be deemed to be rules of court for the purposes of Article 128(2) of the Constitution.
Revision
*NOTE—The original provision was “one hundred dollars” (Revised 1972). Previously “Five hundred ringgit”–see Act A279. Previously “Five thousand ringgit”–see Act A530. Now “ten thousand ringgit”–see Act A670.
Revision of criminal proceedings of subordinate courts
The High Court may exercise powers of revision in respect of criminal proceedings and matters in subordinate courts in accordance with any law for the time being in force relating to criminal procedure.
Power of High Court to call for records of civil proceedings in subordinate courts
The High Court may call for and examine the record of any civil proceedings before any subordinate court for the purpose of satisfying itself as to the correctness, legality or propriety of any decision recorded or passed, and as to the regularity of any proceedings of any such subordinate court.
Powers of High Court on revision of civil proceedings
In the case of any civil proceedings in subordinate court the record of which has been called for, or which otherwise comes to its knowledge, the High Court may give such orders thereon, either by directing a new trial or otherwise, as seems necessary to secure that substantial justice is done.
No revision at instance of party who could have appealed
Where an appeal lies from any decision in any civil matter, and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of a party who could have appealed.
General supervisory and revisionary jurisdiction of High Court
(1) In addition to the powers conferred on the High Court by this or any other written law, the High Court shall have general supervisory and revisionary jurisdiction over all subordinate courts, and may in particular, but without prejudice to the generality of the foregoing provision, if it appears desirable in the interests of justice, either of its own motion or at the instance of any party or person interested, at any stage in any matter or proceeding, whether civil or criminal, in any subordinate court, call for the record thereof, and may remove the same into the High Court or may give to the subordinate court such directions as to the further conduct of the same as justice may require.
(2) Upon the High Court calling for any record as aforesaid all proceedings in the subordinate court in the matter or proceeding in question shall be stayed pending further order of the High Court.
Discretion of Court as to hearing parties
Subject to any written law for the time being in force no party shall have any right to be heard before the High Court when exercising its powers of revision and supervision:
Provided that no final order shall be made to the prejudice of any person unless the person has had an opportunity of being so heard.
Special provision as to States of Malaya
Where in any criminal proceeding before a subordinate court in the States of Malaya a sentence has been passed by the court in exercise of the special powers of punishment conferred by subsection 87(2) of the Subordinate Courts Act 1948 [Act 92], and no notice of appeal has been lodged against the sentence according to the law for the time being in force relating to criminal procedure, the subordinate court shall transmit the record of the proceeding to the High Court so that the High Court may satisfy itself as to the correctness, legality or propriety of the sentence, and the High Court may thereupon exercise the powers conferred upon it by section 31.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
