Federal Court of Malaysia

Source: Wikipedia, the free encyclopedia.

Federal Court of Malaysia
Mahkamah Persekutuan Malaysia
Palace of Justice in Putrajaya. The court was established during Malaya
's independence in 1957 and received its current name in 1994.

History

The earliest predecessor of the Federal Court was the Court of Judicature of Prince of Wales' Island (now

Governor of the Straits Settlements and Resident Councillor of the settlement where the court was to be held, and another judge called the Recorder.[2] The Third Charter of Justice of 12 August 1855 reorganised the Court, providing the Straits Settlements with two Recorders, one for Prince of Wales' Island and the other for Singapore and Malacca.[3]

Following the reconstitution of the Straits Settlements as a Crown colony with effect from 1 April 1867,[4] the Court of Judicature was replaced by the Supreme Court of the Straits Settlements.[5] The Governor and Resident Councillors ceased to be judges of the Court.[6]

Further changes to the Court's constitution were made in 1873. It now consisted of two divisions – the Chief Justice and the Senior

Queen-in-Council, the latter appeals being heard by the Judicial Committee of the Privy Council.[8]

As a result of legislation passed in 1885,

appellate civil and criminal jurisdiction.[11]

During the Japanese occupation of Singapore (1942–1945), all the courts that had operated under the British were replaced by new courts established by the Japanese Military Administration. The Syonan Koto-Hoin (Supreme Court) was formed on 29 May 1942; there was also a Court of Appeal, but it was never convened.

Following the end of World War II, the courts that had existed before the war were restored. There was no change in the judicial system when the Straits Settlements were dissolved in 1946 and Singapore became a crown colony in its own right,[12] except that the Supreme Court of the Straits Settlements became known as the Supreme Court of Singapore.[13]

The courts of Penang and Malacca merged with the rest of Malaya to form the Supreme Court of the Federation of Malaya. This continued upon independence in 1957 until 1963. When Malaya, Sabah, Sarawak, and Singapore formed Malaysia in 1963, the court was renamed the Federal Court of Malaysia.

The judicial power of Malaysia was vested

High Court in Malaya, a High Court in Borneo (now the High Court in Sabah and Sarawak), and a High Court in Singapore (which replaced the Supreme Court of the Colony of Singapore).[15] Appeals lay from the High Court in Singapore to the Federal Court in Kuala Lumpur
, and then to the Privy Council.

The merger did not last: in 1965 Singapore was expelled from the Federation of Malaysia and became an independent republic. However, the High Court of Singapore remained part of the Malaysian Federal Court structure until 1969, when Singapore enacted the Supreme Court of Judicature Act[16] to regularise the judicial system.

Before 1985, the Federal Court remained the second highest court in the land, being subordinate to the Privy Council in England.[17] On 1 January 1978, appeals to the Privy Council in criminal and constitutional matters were abolished, while appeals in civil matters were abolished on 1 January 1985.[17] When appeals to the Privy Council were abolished, the court was renamed Supreme Court of Malaysia. Finally, on 24 June 1994, as part of reforms, the court was once again renamed the Federal Court of Malaysia.[18]

Current judges

The court is composed of the

Yang di-Pertuan Agong on the advice of the Prime Minister of Malaysia.[18] All judges mandatorily retire at the age of 66 and 6 months.[18] In order of seniority, they are as follows:[19][20]

Name Born Alma mater Invested Mandatory
retirement 		Duration Prior senior judicial roles
Tun
Tengku Maimun Tuan Mat
(Chief Justice of Malaysia
) 		2 July 1959
(age 64) 		University of Malaya 26 November 2018 1 January 2026 5 years and 161 days Justice of the
High Courts of Malaysia (2007–2013)
Justice of the Court of Appeal of Malaysia
(2013–2018)
Tan Sri Datuk Amar
Abang Iskandar Abang Hashim
(President of the Court of Appeal of Malaysia
) 		3 July 1959
(age 64) 		University of Malaya 26 November 2018 2 January 2026 5 years and 161 days Justice of the
High Courts of Malaysia (2009–2013)
Justice of the Court of Appeal of Malaysia
(2013–2018)
Tan Sri Dato'
Abdul Rahman Sebli
(Chief Judge of Sabah and Sarawak
) 		25 January 1959
(age 65) 		University of Malaya 8 August 2019 24 July 2025 4 years and 271 days Justice of the
High Courts of Malaysia (2010–2014)
Justice of the Court of Appeal of Malaysia
(2014–2019)
Tan Sri Datuk
Nallini Pathmanathan
 		23 August 1959
(age 64) 		University of London
University of Westminster 		26 November 2018 22 February 2026 5 years and 161 days Justice of the
High Courts of Malaysia (2009–2014)
Justice of the Court of Appeal of Malaysia
(2014–2018)
Dato'
Zabariah Mohd. Yusof
 		11 April 1959
(age 65) 		University of Malaya 5 December 2019 10 October 2025 4 years and 152 days Justice of the
High Courts of Malaysia (2013–2016)
Justice of the Court of Appeal of Malaysia
(2016–2019)
Dato Sri'
Hasnah Mohammed Hashim
 		15 May 1959
(age 64) 		University of Malaya 5 December 2019 14 November 2025 4 years and 152 days Justice of the
High Courts of Malaysia (2012–2016)
Justice of the Court of Appeal of Malaysia
(2016–2019)
Datuk
Harmindar Singh Dhaliwal
 		22 October 1958
(age 65) 		University of Malaya
University of New South Wales 		25 March 2020 21 April 2025 4 years and 41 days Justice of the
High Courts of Malaysia (2011–2016)
Justice of the Court of Appeal of Malaysia
(2016–2020)
Dato'
Rhodzariah Bujang
 		5 November 1961
(age 62) 		University of Malaya 25 March 2020 4 May 2028 4 years and 41 days Justice of the
High Courts of Malaysia (2011–2017)
Justice of the Court of Appeal of Malaysia
(2017–2020)
Dato'
Nordin Hassan
 		13 July 1963
(age 60) 		International Islamic University Malaysia 17 January 2023 12 January 2030 1 year and 109 days Justice of the
High Courts of Malaysia (2017–2020)
Justice of the Court of Appeal of Malaysia
(2020–2023)
Dato'
Abu Bakar Jais
 		27 June 1962
(age 61) 		University of Malaya
University of London 		13 June 2023 26 December 2028 327 days Justice of the
High Courts of Malaysia (2016–2019)
Justice of the Court of Appeal of Malaysia
(2019–2023)
Datuk'
Abdul Karim Abdul Jalil
 		10 April 1959
(age 65) 		University of Malaya 13 June 2023 9 October 2025 327 days Justice of the
High Courts of Malaysia (2014–2015)
Justice of the Court of Appeal of Malaysia
(2016–2023)
Datuk'
Hanipah Farikullah
 		23 May 1959
(age 64) 		University of Malaya
Aberystwyth University 		18 March 2024 22 November 2025 48 days Justice of the
High Courts of Malaysia (2013–2018)
Justice of the Court of Appeal of Malaysia
(2018–2024)
Datuk'
Vazeer Alam Mydin Meera
 		3 January 1962
(age 62) 		National University of Singapore
Aberystwyth University
International Islamic University Malaysia 		18 March 2024 2 July 2028 48 days Justice of the
High Courts of Malaysia (2015–2019)
Justice of the Court of Appeal of Malaysia
(2019–2024)

Building

The Federal Court is located in the

Palace of Justice in the federal administrative capital of Putrajaya. It was previously housed in the Sultan Abdul Samad Building in Kuala Lumpur
.

References

  1. ISBN 978-981-05-7194-8
    . (pbk.)..
  2. ISBN 978-981-210-389-5
    . (hbk.), (pbk.)..
  3. ^ Chionh, p. 103.
  4. 29 & 30 Vict.
    c. 115) (UK).
  5. ^ By the Supreme Court Ordinance 1868 (No. 5 of 1868) (Straits Settlements).
  6. ^ These changes were respectively effected by the Judicial Duties Act (No. 3 of 1867) (Straits Settlements) and the Supreme Court Ordinance 1868 (No. 5 of 1868) (Straits Settlements).
  7. ^ By the Courts Ordinance 1878 (No. 3 of 1878) (Straits Settlements).
  8. ^ Judicial Committee Act 1844 (7 & 8 Vict., c. 69) (UK).
  9. ^ Ordinance No. XV of 1885 (Straits Settlements).
  10. ^ By the Courts Ordinance 1907 (No. XXX of 1907, Straits Settlements).
  11. ^ Chionh, "Development of the Court System", pp. 104–106.
  12. 9 & 10 Geo. 6
    . c. 37]]).
  13. ISBN 978-981-210-389-5
    . (hbk.), (pbk.)..
  14. ^ By the Malaysia Act 1963 (No. 26 of 1963, Malaysia).
  15. ^ The change was effected by the Courts of Judicature Act 1963 (No. 7 of 1964, Malaysia), reprinted as Act No. RS(A) 6 of 1966 in the Singapore Reprints Supplement (Acts) of the Government Gazette.
  16. ^ Supreme Court of Judicature Act 1969 (No. 24 of 1969), now the Supreme Court of Judicature Act (Cap. 322, 2007 Rev. Ed.).
  17. ^ a b "Courts & Judgments". Jurist. University of Pittsburgh. Retrieved 14 July 2011.
  18. ^ a b c d e "The Malaysian Judiciary". Federal Court of Malaysia. Archived from the original on 9 July 2011. Retrieved 14 July 2011.
  19. ^ "Federal Court Judges". kehakiman.gov.my. Archived from the original on 9 February 2020. Retrieved 5 December 2019.
  20. ^ "Judges of the Federal Court". Official Website of the Judicial Appointment Commission. Judicial Appointment Commission of Malaysia. Retrieved 17 December 2016.

External links

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