REID COMMISION

HOW THE REID COMMISSION WAS IS BEING ESTABLISHED?

There was a conference held on January 1956 in London that was attended by
representatives of the rules, chief minister of the federation and 3 other minister. In this conference,
they agreed to have a full self-government and independence within the federation that should be
proclaim on August 1957. They also agreed that a Commonwealth Constitutional Commission
should be appointed to make recommendations for a constitution for the federation, which known
as Reid commission. The name of the Reid commission was taken from the head of the commission
which is Lord Reid a Judge from British. Followed by Sir Ivor Jennings, Sir William McKell, Mr. B.S
Malik a former judge from India High court and Justice Abdul Hamid judge from Pakistan High court.

The objective of the established the Reid commission is to review and to enact the drafting
of the federal constitution. There were 118 conferences and they received 131 memorandums from
all over the place and the originations that deemed their needs for their own profit of the society.

Among the important matters that were discussed in the Reid Commission is the
establishment of a strong central government, the safeguard of the position of Malay rulers, the
appointment of head of states, special privileges of the Malays and the people of Sabah and
Sarawak.

Analysis:

1. Maintained in the present Constitution of Malaysia and constitute its important basic features.

2. Guidelines to the legislators to enact the law according to what have been stated in the FC

3. Avoid arbitration power or corruption in the provision by the legislators who want to benefit their
self

FEDERAL CONSTITUTION

BASIC FEATURES

1. Supreme law - Art 4(1)

 No one are above the law.
 Any law that passed after the independence day which found as inconsistence with
the federal constitution shall be void.

Case: Mamat Daud

 Mamat daud and 2 others allegedly committed federal crime

 Acted as unitarized bilal khatib and imam at a Friday prayer In Terengganu.
 Was charged under section 298A penal code
 Held: parliament did not have power under the constitution to make law
regarding to the religion of Islam.
 The power was belonged to the states as religion (Islam) was under states
matter.
 2. Position of Islam – Art 3(1), 11, 12
 Art 3(1)
o Islam is the religion of the federation.
o Other religion may practise with peace and harmony
 Art 11
o Freedom of religion
 Art 12
o Every religious group has the right to maintain institution for their child
education in its own religion
o There shall be no discrimination

3. Fundamental liberties – Art 5 – Art 13

 Stated that the right of Malaysian citizen has.
 However, there is limitation to the right in order to keep the harmony and peace in the
country.

4. Special privileges of the Malays and native Sabah and Sarawak. – Art 153
 The effect from what have been claim and discussed in the Reid Commission

Analysis:
AMENDMENTS OF THE CONSTITUTION - ART 159 & 161E

1. Two- third majority – Art 159(3)

 Common method of amendments
 A provision of the constitution can be modified by Act which has been passed by a
special 2/3 majority of the total number of each Dewan or House.

2. Simple majority – Art 159(4)

 Some minor amendment that can be passed by a simple majority of the members in
the Dewan and assented by YDPA
 Example:
i. Art 1(1) – the changes name of federation of Malaya to the name of
Malaysia
ii. Art 1(2) – to add more names to the territories of the federation.

3. Consent of the rulers (majlis raja-raja) – Art 159(5)

 Concerning the sensitive issue
 Changes of the state borders
 Privileges of Malays and Native Sabah & Sarawak

4. Consent of the YDPN of Sabah & Sarawak – Art 161E

 Keep the safeguard of Sabah & Sarawak
 Concerning the national languages, citizenship and the special treatment of the
native Sabah & Sarawak.

Analysis:

1. In conclusion, the Federal Constitution cannot be amended and repealed easily as it is partly
rigid and partly flexible.
2. Thus, the 4 different methods prove the difficulty to amend the FC
3. As recommended by the Reid Commission, a method of constitutional amendment should
neither be so difficult as to procedure frustration nor so easy as to weaken seriously the
safeguards which the Constitution provides.


COURT SYSTEM

FEDERAL COURT

 Final court of appeal and the highest court

 Established under Art 121(2)
 It consists of the Chief Justice, the
o President of the Court of Appeal,
o The Chief Judge of Malaya, Chief Judge of Sabah and Sarawak
o 8 other judges and such additional judges as may be appointed pursuant to
Article 122 clause (1A) of the Federal Constitution
 Jurisdiction
o Original – (same as High court)
 Power to hear case for the first time
 Same as HC under Art 128(1)
 Exercise a consultative jurisdiction when the need arises.
o Appellate
 Power to hear civil and criminal appeals from the Court of Appeal.
 In civil, Section 96 CJA 1964 provides that an appeal can be made from
the Court of Appeal to the Federal Court.
 Has the power to order new trial of any case or matter tried by the
High Court in the exercise of its original or appellate jurisdiction.
 For the criminal, the Federal Court has jurisdiction to hear and
determine any appeal from any decision of the Court of Appeal in its
appellate jurisdiction concerning any criminal al matter decided at first
instance by the High Court.
o Referral
 Has decide a question which has arisen in another court concerning the
interpretation or effect of any provision of the Federal Constitution.
 Referred to it in the form of a special case.
o Advisory
 Under Art 130, the YDPA may refer to the Federal Court for its opinion
any question concerning the effect of any provision in the Federal
Constitution which has risen or is likely to arise.
 In such an event, the Federal Court has to pronounce in open court its
opinion in the form of a declaratory judgement on the question so
referred.
COURT OF APPEAL

 Established under Art 121(1B)

 Consist; President of the Court of Appeal and up to ten Court of Appeal Judges.
 If an appeal has been heard and disposed the court has no power to review the case.
 No power to re-open, re-heard, re-examine its decision for whatever purpose

 Jurisdiction
 Only has appellate jurisdiction
 No original jurisdiction
o Criminal – any appeal against the High court decision
o Civil – any appeal that generally cases where the amount of the subject claim at
least RM 250 000

HIGH COURT

 Has 2 HC of equal jurisdiction and status;

 HC of Malaya which has its principal registry in Kuala Lumpur.
 HC of Sabah and Sarawak has its principal registry at such places in these states as the YDPA
may determine.

 Jurisdiction
o Original
 Unlimited civil and criminal matters
 Civil – all matters regardless value, focus more in divorce & matrimonial,
admiralty, bankruptcy and companies
 Criminal – has jurisdiction over citizen and non-citizen, offences committed
within its territory. section 22(1)(a) and (b) CJA1964
 The jurisdiction over citizens and permanent residents and offences
committed outside Malaysia
o Appellate
 High Court hears civil and criminal appeals from Magistrates’ and Sessions
Courts
o Revisionary and super visionary
 High Court has been conferred general supervisory and revisionary
jurisdiction over all subordinate courts.
SESSION COURT

 Highest subordinate court

 Under charge of session court judge alone
 Has authority to try both civil and criminal cases arising within the local limits of jurisdiction
assigned to it, or if no such local limits have been assigned, arising in any part of the local
jurisdiction of the respective High Court.

 Jurisdiction
o Original – within the local limit
 Civil – has jurisdiction to try all actions and suits of a civil nature where the
amount in dispute or value of the subject-matter does not exceed
RM1million.
 The jurisdiction is to hear claim for specific performance, injunction and
recission of contract.
 Unlimited jurisdiction in matters involving;
 motor vehicle accident,
 landlord and tenant
 distress.
 Criminal – the jurisdiction extends to all offences other than offences
punishable with death.
 May pass any sentence allowed by law other than the death sentence
o Super visionary
 Has limited supervisory jurisdiction over the Magistrate court.
 The judge may call for and examine records of any civil proceedings in the
Magistrate’ within the local limits of the jurisdiction of the Session Court
 to the correctness,
 legality
 propriety of decision and regularity of proceedings.
 If the decision is illegal or improper or the proceeding is irregular, the judge
must forward the record to the High Court.
 High Court will give the necessary orders.
MAGISTRATES COURT

 Lowest in the hierarchy of the court yet most important

 More numerous than other courts
 Deal with every day matters
 Such as road traffic.
 People are more expose to this court
 1st class & 2nd class magistrate

 Jurisdiction – 1st class

o General jurisdiction to try civil & criminal cases within the local limit.
o Civil – has jurisdiction to try all action where the amount in dispute does not exceed
RM 100 00
o Criminal – all offences punishable up to 10 years imprisonment
o Sentences
 5 years imprisonment
 Fine; RM 10 000
 Whipping up to 12 strokes
 Any sentences combining all above

 Jurisdiction – 2nd class

o Civil – to try all actions of a civil the plaintiff seeks to recover a debt or liquidated
demand in money not exceeding RM10 000, payable by the defendant.
o Criminal – to try offences for which the maximum penalty is 12 months’
imprisonment or which are punishable with a fine only.
o sentence allowed by law if it is
 not exceeding 6 months of imprisonment,
 a fine of not more than RM1000
 any sentence combining either of these sentences.