English Law: Civil Law Act 1956

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Questions and Answers

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?

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?

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?

Subject to the circumstances of the States of Malaysia and their respective inhabitants Signup and view all the answers

What is the purpose of Section 3 of the Civil Law Act 1956?

To apply UK laws in Malaysia Signup and view all the answers

What is the scope of statutes of general application in Sabah?

Only those in force in England on 1 December 1951 Signup and view all the answers

What does the term 'law' include according to Article 160 FC?

Written law, common law, and custom or usage having the force of law Signup and view all the answers

What does 'common law' refer to according to Section 3 of the Interpretation Act?

The common law of England Signup and view all the answers

In which year was the Royal Charter of Justice introduced in Penang?

1807 Signup and view all the answers

What is the main concern of the Civil Law Act 1956?

Civil law Signup and view all the answers

When did the Civil Law Act 1956 come into force in West Malaysia?

7 April 1956 Signup and view all the answers

What is the significance of the case Sia Cheng Soon v Tengku Ismail Tengku Ibrahim?

It clarified the scope of the Civil Law Act 1956 Signup and view all the answers

When was the Civil Law Ordinance revised to include Sabah and Sarawak?

1972 Signup and view all the answers

What is the primary purpose of the Civil Law Act 1956?

To consolidate and amend the laws related to civil law Signup and view all the answers

What is the primary source of law applicable in the absence of written law in Malaysia?

Common law of England Signup and view all the answers

What is the cut-off date for the application of English law in Sabah?

1 December 1951 Signup and view all the answers

Which of the following cases is related to the application of English law in Malaysia?

All of the above Signup and view all the answers

What is the condition for the application of common law, rules of equity, and statutes of general application in Malaysia?

They must be adapted to local circumstances Signup and view all the answers

What is the basis for the application of English law in Peninsular Malaysia?

Section 3 of the Civil Law Act 1956 Signup and view all the answers

What is the effect of the proviso to Section 3 of the Civil Law Act 1956?

It limits the application of English law to specific circumstances Signup and view all the answers

What is the relationship between the common law and rules of equity in the application of English law in Malaysia?

The common law and rules of equity are applied together Signup and view all the answers

What is the significance of the cut-off date in the application of English law in Malaysia?

It determines the relevant law to be applied in a particular case Signup and view all the answers

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.