The Federal Court of Malaysia ( ms, Mahkamah Persekutuan Malaysia) is the highest

court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ...

and the final

appellate court A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...

Malaysia Malaysia ( ; ) is a country in Southeast Asia. The federal constitutional monarchy consists of thirteen states and three federal territories, separated by the South China Sea into two regions: Peninsular Malaysia and Borneo's East Mal ...

. It is housed in the Palace of Justice in

Putrajaya Putrajaya (), officially the Federal Territory of Putrajaya ( ms, Wilayah Persekutuan Putrajaya), is a planned capital city which functions as the administrative capital and the judicial capital of Malaysia. The seat of the federal governm ...

. 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

Penang Penang ( ms, Pulau Pinang, is a Malaysian state located on the northwest coast of Peninsular Malaysia, by the Malacca Strait. It has two parts: Penang Island, where the capital city, George Town, is located, and Seberang Perai on the M ...

), Singapore and

Malacca Malacca ( ms, Melaka) is a States and federal territories of Malaysia, state in Malaysia located in the southern region of the Malay Peninsula, next to the Strait of Malacca. Its capital is Malacca City, dubbed the Historic City, which has bee ...

, which was established by the Second Charter of Justice, issued by

the Crown The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has differ ...

letters patent Letters patent ( la, litterae patentes) ( always in the plural) are a type of legal instrument in the form of a published written order issued by a monarch, president or other head of state, generally granting an office, right, monopoly, tit ...

dated 27 November 1826. The Court was presided over by the

Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

of the

Straits Settlements The Straits Settlements were a group of British territories located in Southeast Asia. Headquartered in Singapore for more than a century, it was originally established in 1826 as part of the territories controlled by the British East India Com ...

and Resident Councillor of the settlement where the court was to be held, and another judge called the

Recorder Recorder or The Recorder may refer to: Newspapers * ''Indianapolis Recorder'', a weekly newspaper * ''The Recorder'' (Massachusetts newspaper), a daily newspaper published in Greenfield, Massachusetts, US * ''The Recorder'' (Port Pirie), a news ...

. The Third Charter of Justice of 12 August 1855 reorganised the Court, providing the

with two Recorders, one for Prince of Wales' Island and the other for

Singapore Singapore (), officially the Republic of Singapore, is a sovereign island country and city-state in maritime Southeast Asia. It lies about one degree of latitude () north of the equator, off the southern tip of the Malay Peninsula, bor ...

and

. Following the reconstitution of the Straits Settlements as a

Crown colony A Crown colony or royal colony was a colony administered by The Crown within the British Empire. There was usually a Governor, appointed by the British monarch on the advice of the UK Government, with or without the assistance of a local Council ...

with effect from 1 April 1867, the Court of Judicature was replaced by the Supreme Court of the Straits Settlements. The Governor and Resident Councillors ceased to be judges of the Court. Further changes to the Court's constitution were made in 1873. It now consisted of two divisions – the Chief Justice and the Senior

Puisne Judge A puisne judge or puisne justice (; from french: puisné or ; , 'since, later' + , 'born', i.e. 'junior') is a dated term for an ordinary judge or a judge of lesser rank of a particular court. Use The term is used almost exclusively in common law ...

formed the Singapore and Malacca division of the Court, while the Judge of Penang and the Junior Puisne Judge formed the Penang division. The Supreme Court also received

jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...

to sit as a

Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much ...

in civil matters. In 1878 the jurisdiction and residence of judges was made more flexible, thus impliedly abolishing the geographical division of the Supreme Court. Appeals from decisions of the Supreme Court lay first to the Court of Appeal and then to the

Queen-in-Council The King-in-Council or the Queen-in-Council, depending on the gender of the reigning monarch, is a constitutional term in a number of states. In a general sense, it would mean the monarch exercising executive authority, usually in the form of ap ...

, the latter appeals being heard by the

Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Aug ...

. As a result of legislation passed in 1885, the Supreme Court consisted of the Chief Justice and three puisne judges. The Court was significantly altered in 1907. It now had two divisions, one exercising original civil and criminal jurisdiction and the other appellate civil and criminal jurisdiction. During the

Japanese occupation of Singapore , officially , was the name for Singapore when it was occupied and ruled by the Empire of Japan, following the fall and surrender of British military forces on 15 February 1942 during World War II. Japanese military forces occupied it afte ...

(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 World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the World War II by country, vast majority of the world's countries—including all of the great power ...

, 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 A Crown colony or royal colony was a colony administered by The Crown within the British Empire. There was usually a Governor, appointed by the British monarch on the advice of the UK Government, with or without the assistance of a local Council ...

in its own right, except that the Supreme Court of the Straits Settlements became known as the Supreme Court of Singapore. The courts of

and

merged with the rest of Malaya to form the ''Supreme Court of the Federation of Malaya''. This continued upon

independence Independence is a condition of a person, nation, country, or state in which residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory. The opposite of independence is the stat ...

in 1957 until 1963. When Malaya,

Sabah Sabah () is a state of Malaysia located in northern Borneo, in the region of East Malaysia. Sabah borders the Malaysian state of Sarawak to the southwest and the North Kalimantan province of Indonesia to the south. The Federal Territory ...

Sarawak Sarawak (; ) is a state of Malaysia. The largest among the 13 states, with an area almost equal to that of Peninsular Malaysia, Sarawak is located in northwest Borneo Island, and is bordered by the Malaysian state of Sabah to the northeast, ...

, and

formed

in 1963, the court was renamed the ''Federal Court of Malaysia''. The judicial power of Malaysia was vested in a Federal Court, a

High Court in Malaya The high courts in Malaysia are the third-highest courts in the hierarchy of courts, after the Federal Court and the Court of Appeal. Article 121 of the Constitution of Malaysia provides that there shall be two high courts of co-ordinate jurisdi ...

, a High Court in

Borneo Borneo (; id, Kalimantan) is the third-largest island in the world and the largest in Asia. At the geographic centre of Maritime Southeast Asia, in relation to major Indonesian islands, it is located north of Java, west of Sulawesi, and e ...

(now the High Court in

and

), and a High Court in Singapore (which replaced the Supreme Court of the Colony of Singapore). Appeals lay from the High Court in Singapore to the Federal Court in

Kuala Lumpur , anthem = ''Maju dan Sejahtera'' , image_map = , map_caption = , pushpin_map = Malaysia#Southeast Asia#Asia , pushpin_map_caption = , coordinates = , sub ...

, 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 to regularise the judicial system. Before 1985, the Federal Court remained the second highest court in the land, being subordinate to the

Privy Council A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mo ...

England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe ...

. 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. 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''.

Current judges

The court is composed of the Chief Justice, President of the Court of Appeal, the Chief Judges of the High Court in Malaya and the High Court in Sabah and Sarawak and 11 other Federal Court judges. The Chief Justice is also the head of the judiciary in Malaysia. All judges are appointed by the

Yang di-Pertuan Agong The Yang di-Pertuan Agong (, Jawi: ), also known as the Supreme Head of the Federation, the Paramount Ruler or simply as the Agong, and unofficially as the King of Malaysia, is the constitutional monarch and head of state of Malaysia. The o ...

on the advice of the

Prime Minister of Malaysia The prime minister of Malaysia ( ms, Perdana Menteri Malaysia; ms, ڤردان منتري مليسيا, label= Jawi, script=arab, italic=unset) is the head of government of Malaysia. The prime minister directs the executive branch of the f ...

. All judges mandatorily retire at the age of 66 and 6 months. In order of seniority, they are as follows:

Building

The Federal Court is located in the Palace of Justice in the federal administrative capital of

. It was previously housed in the

Sultan Abdul Samad Building The Sultan Abdul Samad Building ( Malay: Bangunan Sultan Abdul Samad) is a late-nineteenth century building located along Jalan Raja in front of the Dataran Merdeka (Independence Square) and the Royal Selangor Club in Kuala Lumpur, Malaysia. The ...

Kuala Lumpur , anthem = ''Maju dan Sejahtera'' , image_map = , map_caption = , pushpin_map = Malaysia#Southeast Asia#Asia , pushpin_map_caption = , coordinates = , sub ...

References

External links

* {{authority control Federal ministries, departments and agencies of Malaysia Judiciary of Malaysia

1957 establishments in Malaya Courts and tribunals established in 1957 Malaysian constitutional law