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5/19/2020

WEEK 1: SUMMARY AND TUTORIAL QUESTIONS

LAW BEFORE BRITISH OCCUPATION

1. In 1511, after the Portuguese conquered Malacca, Alfonso de Albuquerque, the


Governor and Captain-General of the Seas of India, built a defence fortress known as
A Famosa.

2. How long the Portuguese conquered Malacca?

130 years (1511-1641).

3. What were the main motives to seize Malacca?

(Gold, glory and gospel).

(a) To dominant the centre of Asian trade hall.

(b) Religion.

(c) Desire for glory and adventure. Spices and and riches were more important
than Christians and soul.

4. Under the administration of Portuguese:-

(a) In civil affairs : a Council comprised of Ovidor (Chief Justice), Vidor


(Mayor), the Bishop and a State Secretary.

(b) In military affairs : the Governor had to consult the Captain, Commander
in Chief and the Sergeant Major.

(c) In criminal matters : sentences pronounced by the Magistrate or Ovidor.

(d) Local settlers : Muslim law and customary

(e) Non-Christian Asian : Subject to their community leaders.

(f) Portuguese : Portuguese judge.

5. During the Dutch administration in 1645, the town hall called Stadthuys was built on
Malacca as the administrative centre and home of its Governor.

6. How long the Dutch administered Malacca?

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5/19/2020
WEEK 1: SUMMARY AND TUTORIAL QUESTIONS

183 years.

7. Who was the head of Dutch administration in Malacca?

Governor.

8. Whether the Dutch law regulated the local population in Malacca?

No. Focused on developing their own empire and obtaining resources from Malacca.
Also focused more on works to strengthen the military force.

LAW AFTER BRITISH OCCUPATION

9. The component of English law:-

(a) Common Law – a uniform civil code common for all in England irrespective of
region, background and practices.

(b) Principle of Equity – fair and justice. In any case of conflict between the
Common Law and Equity, Equity should prevail.

(c) English statutes of general application.

10. What was the law applicable to the local settler at the time of Malacca was
transferred to British?

(a) Some of the Dutch law

(b) Muslim law

(c) Customary law

(d) English law

11. Application of English law to the various races to such modifications as were
necessary to prevent it from operating unjustly and oppressively.

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WEEK 1: SUMMARY AND TUTORIAL QUESTIONS

12. British expanded its influence into the Malay States and divided into 3 control:-

Straits Settlements : Penang, Melaka, Singapore.

Federated Malays States : Perak, Selangor, Negeri Sembilan, Pahang.

Unfederated Malays States : Kelantan, Terengganu, Perlis, Kedah, Johor.

13. The spread of British influence indirectly favoured the introduction of English law.
Laws which has been enacted identical with the Indian codification of the principles
of English law such as Penal code, contracts acts, partnership and interpretation
order.

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