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WHAT IS THE FUNCTION OF THE COURT OF APPEAL ?

This court is limited to only perform the function of an Appellate Court. Either in the exercise of its original jurisdiction or in the exercise of its appellate revisionary jurisdiction in respect of any criminal matter decided by the Sessions court, the Court of Appeal has the jurisdiction to hear and determine any appeal against any decision made by the High Court. Appeals for decision made by the Magistrates' Court in any criminal matter shall be confined only to questions of law which have arisen in the course of the appeal or revision and the determination of which by the High Court has affected the event of the appeal or revision.

An appeal shall be made within 14 days after the date of the decision of the High Court and shall be with the leave of the Court of Appeal. If the notice of appeal by the Public Prosecutor has been given by or with the consent of that officer in writing, no leave is require. An appeal can lie on a question of law, question of mixed fact and law or on question of fact.

In any civil cause or matter, the Court of Appeal also has the jurisdiction to hear and determine an appeal from any judgment or order of any High Court in any civil cause or matter. Notwithstanding, there are matters which are non-appealable to the Court of Appeal. Under the Section 68 the list of cases involve any of the following :

When the amount or value of the subject matter of the claim (exclusive of interest) is less than RM250,000, except with leave of the Court of Appeal

Where the Judgment or order is made by consent of parties

Where the Judgment or order relates to costs only, which by law are left to the discretion of the Court, except with the leave of the Court of Appeal

Where by any written law for the time being in force, the Judgment or order of the High Court is expressly declared to be final

WHAT IS A FEDERAL COURT AND IT'S JURISDICTION ?

In determining the constitutionality of any law, order or regulations, the Federal Court is the court of last resort.

Next below the Privy Council, the name "Supreme Court" was used to refer to the highest court for Malaysia. That was before 1957. However, with the abolition of the appeal to the Privy Council effective January 1, 1985, the Supreme Court was finally designated the highest court in Malaysia.

Please take note to the material distinction between the constitution of the former "Supreme Court" and that of the present. Effective June 24, 1994, the Supreme Court was renamed the Federal Court of Malaysia and is not the final court of appeal of Malaysia.

Under Article 128(1) and (2), the Federal Court has the same jurisdiction and may exercise the same powers as those exercised by the High Court, in exercising its original jurisdiction.

In criminal cases, in exercising its appellate jurisdiction, the Federal Court has the powers to hear and determine any appeal from any decision of the Court of Appeal in its jurisdiction to hear and determine any civil appeal from the Court of Appeal provided leave is granted.

WHAT'S THE FUNCTION OF A SPECIAL COURT ?

The setting up of the Special Court became a major turning point in the legal system in Malaysia.

Article 182(2) of the Federal Constitution states that "any proceeding by or against the Yang di-Pertuan Agong or the Ruler of a State in his personal capacity shall be brought in a Special Court established under clause (1) of Article 182".

Before this amendment was made, no proceeding can be brought in any court against the Yang di-Pertuan Agong or the Ruler of a State in his personal capacity.

The Chairperson of the Special Court shall be Chief Justice of the Federal Court together with the Chief Judges of the High Courts and two other persons who hold or have held office as Judge of the Supreme Court or a High Court appointed by the Conference of Rulers.

The Special Court has exclusive jurisdiction to try all offenses committed in the Federation by the Yang di-Pertuan Agong or the Ruler of a State and all civil cases by or against the Yang di-Pertuan Agong or the Ruler of a State, notwithstanding where the cause of action arose.

The court shall have the same jurisdiction and powers as are vested in the lower courts, the Supreme Court and High Court. Under the Article 183, it states that "no action, civil or criminal shall be institute against the Yang di-Pertuan Agong or the Ruler of a State in respect of anything done or omitted to be done by him in his personal capacity except with the consent of the Attorney-General personally.".

The registry of Special Court is in Kuala Lumpur.