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2 Denning L.J. 1 (1987)

handle is hein.journals/denlj2 and id is 1 raw text is: Administration ofJustice in Malaysia Y A. A. Tan Sri Dato'Abdul Hamid Omar* In order to appreciate the present judicial system and the administration of justice in Malaysia, one needs to trace the origins and history of the Malaysian Bench. As will be seen, the growth and development of the Malaysian judiciary were directly consequent on the political changes which took place in the country. The historical judicial development reflective of the political changes will therefore constitute the first half of the discussion. The second half will be devoted to a discussion of the present day system and hierarchy of courts with their powers and jurisdiction. This paper will conclude with an attempt to postulate future changes in the Malaysian judiciary consequent upon the creation of the Supreme Court of Malaysia. The history of the Malaysian judicial system is closely interrelated with the history of British intervention in the Malay Peninsula. It is proposed to divide our study of the Malaysian judicial history into four distinct periods, viz.: (1) British Colonial Rule: 1786-1941 (Pre-war period); (2) Japanese Occupation (World War II): 1942-1945; (3) British Colonial Rule: 1946-1956 (Post-war period); and (4) Independence and thereafter: 1957-1980s. A. HISTORICAL JUDICIAL DEVELOPMENT 1. British Colonial Rule: 1786-1941 Varying degrees of British involvement can be seen in the differing governmental structures in Malaya; the Straits Settlements, the Federated Malay States and the Unfederated Malay States constituted three stages in British intervention. Whilst the first were settled colonies, the latter two were mere protectorates. (a) Straits Settlements (S.S.) The first stage in British intervention began when the East India Company, which had created outposts in Penang (1786), Malacca (1824) and Singapore (1819), transferred them to the British Crown. Collectively known as the Straits Settlements, they came directly under the responsibility of the British Colonial Office in 1876. *Chief Justice, Malaya