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Questions and Answers
What is the application of common law in Peninsular Malaysia?
What is the application of common law in Peninsular Malaysia?
- As administered in England on 12 December 1949
- As administered in Malaysia on the date of independence
- As administered in England on 7 April 1956 (correct)
- As administered in England on 1 December 1951
What is the date of reference for the application of common law in Sabah?
What is the date of reference for the application of common law in Sabah?
- 12 December 1949
- 31 August 1957
- 7 April 1956
- 1 December 1951 (correct)
What is the date of reference for the application of common law in Sarawak?
What is the date of reference for the application of common law in Sarawak?
- 1 December 1951
- 16 September 1963
- 7 April 1956
- 12 December 1949 (correct)
What is the limitation to the application of common law and rules of equity?
What is the limitation to the application of common law and rules of equity?
What is the purpose of Section 3 of the Civil Law Act 1956?
What is the purpose of Section 3 of the Civil Law Act 1956?
What is the scope of statutes of general application in Sabah?
What is the scope of statutes of general application in Sabah?
What does the term 'law' include according to Article 160 FC?
What does the term 'law' include according to Article 160 FC?
What does 'common law' refer to according to Section 3 of the Interpretation Act?
What does 'common law' refer to according to Section 3 of the Interpretation Act?
In which year was the Royal Charter of Justice introduced in Penang?
In which year was the Royal Charter of Justice introduced in Penang?
What is the main concern of the Civil Law Act 1956?
What is the main concern of the Civil Law Act 1956?
When did the Civil Law Act 1956 come into force in West Malaysia?
When did the Civil Law Act 1956 come into force in West Malaysia?
What is the significance of the case Sia Cheng Soon v Tengku Ismail Tengku Ibrahim?
What is the significance of the case Sia Cheng Soon v Tengku Ismail Tengku Ibrahim?
When was the Civil Law Ordinance revised to include Sabah and Sarawak?
When was the Civil Law Ordinance revised to include Sabah and Sarawak?
What is the primary purpose of the Civil Law Act 1956?
What is the primary purpose of the Civil Law Act 1956?
What is the primary source of law applicable in the absence of written law in Malaysia?
What is the primary source of law applicable in the absence of written law in Malaysia?
What is the cut-off date for the application of English law in Sabah?
What is the cut-off date for the application of English law in Sabah?
Which of the following cases is related to the application of English law in Malaysia?
Which of the following cases is related to the application of English law in Malaysia?
What is the condition for the application of common law, rules of equity, and statutes of general application in Malaysia?
What is the condition for the application of common law, rules of equity, and statutes of general application in Malaysia?
What is the basis for the application of English law in Peninsular Malaysia?
What is the basis for the application of English law in Peninsular Malaysia?
What is the effect of the proviso to Section 3 of the Civil Law Act 1956?
What is the effect of the proviso to Section 3 of the Civil Law Act 1956?
What is the relationship between the common law and rules of equity in the application of English law in Malaysia?
What is the relationship between the common law and rules of equity in the application of English law in Malaysia?
What is the significance of the cut-off date in the application of English law in Malaysia?
What is the significance of the cut-off date in the application of English law in Malaysia?
Study Notes
Civil Law Act 1956
- The Civil Law Act 1956 applies to civil cases only and does not concern criminal law.
- The Act relates to the civil law to be administered in Malaysia.
Application of English Law
- In the absence of written law, English law applies.
- The cut-off dates for application of English law are:
- 7 April 1956 for Peninsular Malaysia
- 1 December 1951 for Sabah
- 12 December 1949 for Sarawak
Section 3 CLA 1956
- The court shall apply the common law of England and the rules of equity as administered in England on the respective cut-off dates for each region.
- The application of English law is subject to the circumstances of the States of Malaysia and their respective inhabitants.
Definitions
- “Law” includes written law, common law, and custom or usage having the force of law in the Federation or any part thereof (Article 160 FC).
- “Common law” means the common law of England (Section 3 Interpretation Act).
Historical Background on Reception of English Law
- The reception of English law in Malaysia began with the Royal Charter of Justice in 1807 for Penang and 1826 for Malacca and Singapore.
- The Civil Law Enactment was introduced in 1937 for the Malay States, and the Civil Law (Extension) Ordinance was introduced in 1951 for the Unfederated Malay States.
- In Sabah, the Civil Law Ordinance was introduced in 1878, and in Sarawak, the Order L-4 or Law of Sarawak Ordinance was introduced in 1928.
Current Application of English Law
- The Civil Law Act 1956 (Revised 1972) applies to the whole of Malaysia, including Sabah and Sarawak.
- The Act came into force on 7 April 1956 for West Malaysia and 4 April 1972 for East Malaysia.
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Description
This quiz covers the Civil Law Act 1956, specifically Sections 3, 5, and 6, and their application to common law, equity, and commercial matters in Peninsular, Sabah, and Sarawak.
