P.U.(A) 357/80
SUBORDINATE COURTS ACT (EXTENSION) ORDER 1980



FIRST SCHEDULE
(Order 2 (1))

MODIFICATIONS TO SUBORDINATE COURTS ACT 1948
(Act 92)

Section
Modification

Long titleOmit "in West Malaysia".

1 (2)Substitute -

"(2) This Act shall apply throughout Malaysia except that -

    (a) Part VIII and other provisions relating to Penghulus and Penghulu's Courts shall have no application in Sabah and Sarawak; and

    (b) Part IX shall have no application in Sarawak".
2 (1)1. Substitute the following for the definition of "Chief Justice" :

    " 'Chief Justice' means the Chief Justice of the High Court in Malaya or the High Court in Borneo, as the case may require;".

2. Substitute the following for the definition of "High Court":

    " 'High Court' means the High Court in Malaya and High Court in Borneo or either of them, as the case may require;".

3. In the definition of "Judge" for the words "the Chief Justice" substitute " a Chief Justice".

4. Insert the following new definition after the definition of "Judge":

    " 'local jurisdiction of the High Court' means -

      (a) in the case of the High Court in Malaya the territory comprised in the Federal Territory and the States of Malaya, namely, Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Selangor and Trengganu; and

      (b) in the case of the High Court in Borneo, the territory comprised in the Borneo States, namely, Sabah and Sarawak.".

5. Substitute a semi-colon for the full-stop at the end of the definition of "trial court" and insert the following new definition:

    " 'West Malaysia' has the meaning assigned thereto in section 3 of the Interpretation Act, 1967 [23/67], and includes the Federal Territory.".
3 (2)1. Omit "in West Malaysia".

2. At the end of paragraph "(b)" insert "and" and for paragraph (c) substitute -

    "(c) in West Malaysia only, Penghulu's Courts.".
5 (2), 61, 80For "West Malaysia" substitute "Malaysia".

59 (2), 76 (2)For "arising in any part of West Malaysia" substitute "arising in any part of the local jurisdiction of the respective High Court".

61, 80 (1)After "Federation of Malaya" insert "or of Sabah or Sarawak".

69 (j)Insert the following before "wherein":

    "except as specifically provided in any written law for the time being in force,".
71AInsert a new section as follows:

    "Actions and suits concerning immovable property in Sarawak"

    71A. Sections 70 and 71 shall not apply to any action or suit concerning land in Sarawak to which there is no title issued by the Land Office in Sarawak and in which all the parties are subject to the same native system of personal law.".
76 (2)Omit the marginal reference "S.S. Cap. 21".

77Insert after "First Class Magistrates" the words "or Second Class Magistrates, as provided in that Schedule,".

86, 91For " A First Class Magistrate" substitute "In West Malaysia a First Class Magistrate".

88For "twelve months' imprisonment of either description" substitute "twelve months' imprisonment".

891. Renumber section 89 as section 89 (1) and insert after "Second Class Magistrate" the words "in West Malaysia".

2. Add subsection (2) as follows:

    "(2) A Second Class Magistrate in Sabah and Sarawak may pass any sentence allowed by law not exceeding -

      (a) six months' imprisonment;

      (b) a fine of one thousand dollars; or

      (c) any sentence combining either of the sentences aforesaid.".
92Insert after "two hundred and fifty dollars" the words "in West Malaysia and five hundred dollars in Sabah and Sarawak".

PART VIIIFor the heading "PENGHULU'S COURTS " substitute "PENGHULU'S COURTS IN WEST MALAYSIA".

991. Renumber section 99 as section 99 (1), and insert after "Justices of the Peace", the words "in West Malaysia".

2. Add subsection (2), (3), (4) and (5) as follows:

    "(2) Justices of the Peace in Sabah shall have and shall exercise and perform such powers and duties as may be conferred or imposed upon them by any written law. They shall also have such other powers and duties as the Minister may by regulations confer or impose upon them and the Minister may confer or impose the said powers and duties upon all or any of the Justices of the Peace.

    (3) Before exercising or performing any of the powers or duties conferred on him a Justice of the Peace shall take and subscribe in the presence of a Judge in Chambers an oath in the following form:

    "I........................, having been appointed a Justice of the Peace within and for the State of Sabah do solemnly swear (or affirm) that I will faithfully discharge my duties as such to the best of my ability and that I will bear true faith and allegiance to the State of Sabah and to Malaysia.".

    (4) (a) Nothing in this section shall be deemed to require a Justice of the Peace to be satisfied as to the contents of any document or that the proper stamp duty prescribed under any written law has been paid thereon except to ensure that one or more stamps have been affixed to the document and that they have been cancelled in the manner prescribed by law prior to signature and attestation.

    (b) No fee shall be payable, other than as stamp duty, for any act done by a Justice of the Peace as such, and a Justice of the Peace shall give his services free of charge.

    (5) A Justice of the Peace whilst exercising his powers or performing his duties as such shall be deemed to be a public servant within the meaning of the Penal Code; and the Public Authorities Protection Act 1948 [F.M.S. Cap. 45. Act 198.], shall apply to any suit, action, prosecution or proceeding arising therefrom.".
111Insert the following new section under Part X after section 110:

    "Amendment of laws"

    111. Where in any written law passed or made before the commencement of the extension of this Act to Sabah and Sarawak, there is, in relation to Sabah or Sarawak -

      (a) a reference to the Court of a Magistrate of the First Class or a District Court there shall be substituted a reference to a Sessions Court;

      (b) a reference to the Court of -

        (i) a Magistrate of the Second Class, a Police Court or a Court of Small Causes;

        (ii) a Magistrate of the Third Class or a Petty Court,

      there shall be substituted a reference to a Magistrates' Court;

      (c) a reference to a Stipendiary Magistrate or a Magistrate of the First Class there shall be substituted a reference to a President of the Sessions Court; and

      (d) a reference to a Magistrate of the Second Class or a Magistrate of the Third Class there shall be substituted a reference to a Second Class Magistrate.".
Third Schedule -
Paragraph 4For "out of the jurisdiction in the Republic of Singapore, Sabah, Sarawak or Brunei" substitute "outside Malaysia in Singapore or Brunei".

Paragraph 11For "West Malaysia" substitute "Malaysia".

Paragraph 18 (5)
(b), (c)		Insert "Sabah, Sarawak," immediately after "Perlis,".

Fourth Schedule1. Omit "(in West Malaysia)" and "in Malaya".

2. After "First Assistant Secretaries to State Secretaries." insert "Residents in Sarawak.".

3. For "District Officers." substitute "District officers in West Malaysia and Sarawak.".

4. After "District Administrative Officers." insert "Administrative Officers Class 1 in Sabah and Sarawak.".

5. Add -

    "EX OFFICIO SECOND CLASS MAGISTRATES

      For their respective States

    District Officers in Sabah.
    Assistant District Officers in Sabah.".
Fifth ScheduleAdd-
"Sabah Cap. 29.The Subordinate Courts Ordinance and any rules of court made there-underThe whole

"Sarawak Cap. 42.The Subordinate Courts Ordinance and any rules of court made there-under The whole

Sabah Ordinance No. 2 of 1961.The Justices of the Peace Ordinance, 1961 The whole".

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