 After the Federation of Malaya was formed on 1

February 1948.
 Civil Law Enactment of the FMS 1937 was extended to
the UMS by the Civil Law (Extension) Ordinance 1951
 Later was replaced by the Civil Law Ordinance 1956
which applied to the whole Federation of Malaya ,
including Penang and Malacca.
 Section 3(1)

 This authorised the general application of English law.It

provided:
Save in so far as other provision has been made or may
hereafter be made by any written in force in the Federation
or any part thereof, the court shall apply the common law
of England and the rules of equity as administered in
England at the date of the coming into force of this
Ordinance: Provided always that the said common law and
equity shall be applied so far only as the circumstances of
the States comprised in the Federation and their respective
inhabitants permit and subject to such qualifications as
local circumstances render necessary.
 Section 5

 This allowed application of specific English law, i.e. it allowed the

application of English commercial law. It provided that in matters
pertaining to commercial, the law to be administered was as follows:
 If the issue arose anywhere in the federation other than in Malacca and
Penang, the law to be administered ‘shall be the same as would be
administered in England in the like case at the date of the coming into
force of this Ordinance’… unless…other provision is or shall be made by
any written law’, [5(1)] (emphasise added).
 If the issue arose in Melaka or Penang, the law to be administered ‘shall
be the same as would be administered England in the like case at the
corresponding period’… unless… other provision is or shall be made by
any written law’, [5(2)] (emphasise added).
Section 6

It provided that the application of English law did not

include English land law.
 When Malaysia was formed there were three separate
statutes authorizing the application of English law:
 Civil Law Ordinance 1956 in Peninsular Malaysia;
 North Borneo Application of Laws Ordinance 1951; and
 Sarawak Application of Laws Ordinance 1949
 After the formation of Malaysia, the Civil Law Ordinance
1956 was extended to Sabah and Sarawak. The Civil Law
Ordinance (Extension) Order 1971 provided that beginning
from 1 April 1972, the Civil Law Ordinance must be
enforced with modification made by the Order and must
be extended to Sabah and Sarawak.
 The modification reproduced particular provisions from
the North Borneo Application of Laws Ordinance 1951 and
Sarawak Application of Laws Ordinance 1949 (with the
removal of the phrase “and native customs” in the proviso
to section 3(1)).
 Currently, it is the Civil law Act (revised 1972) which allows
the application of English law in the Federation of
Malaysia.