Federal Court of Malaysia

The Federal Court of Malaysia (Malay: Mahkamah Persekutuan Malaysia) is the highest court and the final appellate court in Malaysia. It is housed in the Palace of Justice in Putrajaya. The court was established during Malaya's independence in 1957 and received its current name in 1994.

Federal Court of Malaysia
Mahkamah Persekutuan Malaysia
Established	1957
Location	Palace of Justice, Putrajaya, FT
Composition method	Royal appointment with the advice of the Prime Minister
Authorized by	Federal Constitution
Judge term length	Compulsory retirement at age 66 and 6 months
Number of positions	15
Website	www.kehakiman.gov.my
Chief Justice of Malaysia
Currently	Tengku Maimun Tuan Mat
Since	2 May 2019

The Federal Court is located in the Palace of Justice in Putrajaya.

History

The earliest predecessor of the Federal Court was the Court of Judicature of Prince of Wales' Island (now Penang), Singapore and Malacca, which was established by the Second Charter of Justice, issued by the Crown as letters patent dated 27 November 1826.[1] The Court was presided over by the Governor of the Straits Settlements and Resident Councillor of the settlement where the court was to be held, and another judge called the Recorder.[2] The Third Charter of Justice of 12 August 1855 reorganised the Court, providing the Straits Settlements with two Recorders, one for Prince of Wales' Island and the other for Singapore and Malacca.[3]

Following the reconstitution of the Straits Settlements as a Crown colony with effect from 1 April 1867,[4] the Court of Judicature was replaced by the Supreme Court of the Straits Settlements.[5] The Governor and Resident Councillors ceased to be judges of the Court.[6]

Further changes to the Court's constitution were made in 1873. It now consisted of two divisions – the Chief Justice and the Senior Puisne Judge formed the Singapore and Malacca division of the Court, while the Judge of Penang and the Junior Puisne Judge formed the Penang division. The Supreme Court also received jurisdiction to sit as a Court of Appeal in civil matters. In 1878 the jurisdiction and residence of judges was made more flexible, thus impliedly abolishing the geographical division of the Supreme Court.[7] Appeals from decisions of the Supreme Court lay first to the Court of Appeal and then to the Queen-in-Council, the latter appeals being heard by the Judicial Committee of the Privy Council.[8]

As a result of legislation passed in 1885,[9] the Supreme Court consisted of the Chief Justice and three puisne judges. The Court was significantly altered in 1907.[10] It now had two divisions, one exercising original civil and criminal jurisdiction and the other appellate civil and criminal jurisdiction.[11]

During the Japanese occupation of Singapore (1942–1945), all the courts that had operated under the British were replaced by new courts established by the Japanese Military Administration. The Syonan Koto-Hoin (Supreme Court) was formed on 29 May 1942; there was also a Court of Appeal, but it was never convened.

Following the end of World War II, the courts that had existed before the war were restored. There was no change in the judicial system when the Straits Settlements were dissolved in 1946 and Singapore became a crown colony in its own right,[12] except that the Supreme Court of the Straits Settlements became known as the Supreme Court of Singapore.[13]

The courts of Penang and Malacca merged with the rest of Malaya to form the Supreme Court of the Federation of Malaya. This continued upon independence in 1957 until 1963. When Malaya, Sabah, Sarawak, and Singapore formed Malaysia in 1963, the court was renamed the Federal Court of Malaysia.

The judicial power of Malaysia was vested[14] in a Federal Court, a High Court in Malaya, a High Court in Borneo (now the High Court in Sabah and Sarawak), and a High Court in Singapore (which replaced the Supreme Court of the Colony of Singapore).[15] Appeals lay from the High Court in Singapore to the Federal Court in Kuala Lumpur, and then to the Privy Council.

The merger did not last: in 1965 Singapore left the Federation of Malaysia and became an independent republic. However, the High Court of Singapore remained part of the Malaysian Federal Court structure until 1969, when Singapore enacted the Supreme Court of Judicature Act[16] to regularise the judicial system.

Before 1985, the Federal Court remained the second highest court in the land, being subordinate to the Privy Council in England.[17] On 1 January 1978, appeals to the Privy Council in criminal and constitutional matters were abolished, while appeals in civil matters were abolished on 1 January 1985.[17] When appeals to the Privy Council were abolished, the court was renamed Supreme Court of Malaysia. Finally, on 24 June 1994, as part of reforms, the court was once again renamed the Federal Court of Malaysia.[18]

Current judges

The court is composed of the Chief Justice, President of the Court of Appeal, the Chief Judges of the High Court in Malaya and the High Court in Sabah and Sarawak and 11 other Federal Court judges.[18] The Chief Justice is also the head of the judiciary in Malaysia.[18] All judges are appointed by the Yang di-Pertuan Agong on the advice of the Prime Minister of Malaysia.[18] All judges mandatorily retire at the age of 66 and 6 months.[18] In order of seniority, they are as follows:[19][20]

Name	Born	Alma mater	Invested	Mandatory retirement	Duration	Prior senior judicial roles
Yang Amat Arif Tan Sri Dato' Seri Utama Tengku Maimun Tuan Mat (Chief Justice of Malaysia)	2 July 1959 (age 61)	University of Malaya	26 November 2018	1 January 2026	1 year and 265 days	Justice of the High Courts of Malaysia (2007–2013) Justice of the Court of Appeal of Malaysia (2013–2018)
Yang Amat Arif Dato' Rohana Yusuf (President of the Court of Appeal of Malaysia)	9 May 1956 (age 64)	University of Malaya International Islamic University Malaysia	27 April 2018	8 November 2022	2 years and 112 days	Justice of the High Courts of Malaysia (2011–2013) Justice of the Court of Appeal of Malaysia (2013–2018)
Yang Amat Arif Tan Sri Dato' Sri Azahar Mohamed (Chief Judge of Malaya)	27 April 1956 (age 64)	University of Malaya London School of Economics	12 September 2014	26 October 2022	5 years and 340 days	Justice of the High Courts of Malaysia (2006–2011) Justice of the Court of Appeal of Malaysia (2011–2014)
Yang Amat Arif Dato' Abang Iskandar Abang Hashim (Chief Judge of Sabah and Sarawak)	3 July 1959 (age 61)	University of Malaya	26 November 2018	2 January 2026	1 year and 265 days	Justice of the High Courts of Malaysia (2009–2013) Justice of the Court of Appeal of Malaysia (2013–2018)
Yang Arif Dato' Setia Mohd. Zawawi Salleh	16 January 1956 (age 64)	University of Malaya University of Bristol	27 April 2018	15 July 2022	2 years and 112 days	Justice of the High Courts of Malaysia (2010–2013) Justice of the Court of Appeal of Malaysia (2013–2018)
Yang Arif Datuk Nallini Patmanathan	23 August 1959 (age 60)	University of London University of Westminster	26 November 2018	22 February 2026	1 year and 265 days	Justice of the High Courts of Malaysia (2009–2014) Justice of the Court of Appeal of Malaysia (2014–2018)
Yang Arif Datuk Vernon Ong Lam Kiat	19 October 1956 (age 63)	University of Hong Kong	8 August 2019	18 April 2023	1 year and 9 days	Justice of the High Courts of Malaysia (2010–2014) Justice of the Court of Appeal of Malaysia (2014–2019)
Yang Arif Dato' Abdul Rahman Sebli	1959 (age 60–61)	University of Malaya	8 August 2019		1 year and 9 days	Justice of the High Courts of Malaysia (2010–2014) Justice of the Court of Appeal of Malaysia (2014–2019)
Yang Arif Puan Sri Dato' Zaleha Yusof	1965 (age 54–55)	University of Malaya	5 December 2019		256 days	Justice of the High Courts of Malaysia (2010–2016) Justice of the Court of Appeal of Malaysia (2016–2019)
Yang Arif Dato' Zabariah Mohd. Yusof	11 April 1959 (age 61)	University of Malaya	5 December 2019	10 October 2025	256 days	Justice of the High Courts of Malaysia (2013–2016) Justice of the Court of Appeal of Malaysia (2016–2019)
Yang Arif Datuk Hasnah Mohammed Hashim	15 May 1959 (age 61)	University of Malaya	5 December 2019	14 November 2025	256 days	Justice of the High Courts of Malaysia (2012–2016) Justice of the Court of Appeal of Malaysia (2016–2019)
Yang Arif Dato' Mary Lim Thiam Suan	4 November 1957 (age 62)	University of Leeds University of Western Australia	25 March 2020	3 May 2024	145 days	Justice of the High Courts of Malaysia (2010–2016) Justice of the Court of Appeal of Malaysia (2016–2020)
Yang Arif Datuk Harmindar Singh Dhaliwal	22 October 1958 (age 61)	University of Malaya University of New South Wales	25 March 2020	21 April 2025	145 days	Justice of the High Courts of Malaysia (2011–2016) Justice of the Court of Appeal of Malaysia (2016–2020)
Yang Arif Dato' Rhodzariah Bujang	5 November 1961 (age 58)	University of Malaya	25 March 2020	4 May 2028	145 days	Justice of the High Courts of Malaysia (2011–2017) Justice of the Court of Appeal of Malaysia (2017–2020)

Building

The Federal Court is located in the Palace of Justice in the federal administrative capital of Putrajaya. It was previously housed in the Sultan Abdul Samad Building in Kuala Lumpur.

References

1. Andrew Phang Boon Leong (2006). From Foundation to Legacy: The Second Charter of Justice. Singapore: Singapore Academy of Law. pp. 19–23. ISBN 978-981-05-7194-8. (pbk.)..
2. Mavis Chionh (2005). "The Development of the Court System". In Kevin Y[ew] L[ee] Tan (ed.). Essays in Singapore Legal History. Singapore: Singapore Academy of Law; Marshall Cavendish Academic. pp. 93–138 at 99–100. ISBN 978-981-210-389-5. (hbk.), (pbk.)..
3. Chionh, p. 103.
4. By the Straits Settlements Act 1866 (29 & 30 Vict., c. 115) (UK).
5. By the Supreme Court Ordinance 1868 (No. 5 of 1868) (Straits Settlements).
6. These changes were respectively effected by the Judicial Duties Act (No. 3 of 1867) (Straits Settlements) and the Supreme Court Ordinance 1868 (No. 5 of 1868) (Straits Settlements).
7. By the Courts Ordinance 1878 (No. 3 of 1878) (Straits Settlements).
8. Judicial Committee Act 1844 (7 & 8 Vict., c. 69) (UK).
9. Ordinance No. XV of 1885 (Straits Settlements).
10. By the Courts Ordinance 1907 (No. XXX of 1907, Straits Settlements).
11. Chionh, "Development of the Court System", pp. 104–106.
12. By the Straits Settlements (Repeal) Act 1946 (9 & 10 Geo. VI, c. 37).
13. Kevin Y[ew] L[ee] Tan (2005). "A Short Legal and Constitutional History of Singapore". In Kevin Y[ew] L[ee] Tan (ed.). Essays in Singapore Legal History. Singapore: Marshall Cavendish Academic for the Singapore Academy of Law. pp. 1–72 at 42–44. ISBN 978-981-210-389-5. (hbk.), (pbk.)..
14. By the Malaysia Act 1963 (No. 26 of 1963, Malaysia).
15. The change was effected by the Courts of Judicature Act 1963 (No. 7 of 1964, Malaysia), reprinted as Act No. RS(A) 6 of 1966 in the Singapore Reprints Supplement (Acts) of the Government Gazette.
16. Supreme Court of Judicature Act 1969 (No. 24 of 1969), now the Supreme Court of Judicature Act (Cap. 322, 2007 Rev. Ed.).
17. "Courts & Judgments". Jurist. University of Pittsburgh. Retrieved 14 July 2011.
18. "The Malaysian Judiciary". Federal Court of Malaysia. Archived from the original on 9 July 2011. Retrieved 14 July 2011.
19. "Federal Court Judges". kehakiman.gov.my. Retrieved 5 December 2019.
20. "Judges of the Federal Court". Official Website of the Judicial Appointment Commission. Judicial Appointment Commission of Malaysia. Retrieved 17 December 2016.

External links

• Official website