SISTEM UNDANG-UNDANG STELAH KEDATANGAN BRITISH

Legal System after British Arrival in Malaysia

I. Introduction

  • The history of the legal system in Malaysia post-British arrival began in 1786.

  • Key figure: Francis Light, who occupied Penang on August 12, 1786, under King George III via the British East India Company.

  • Discussion of lex loci regarding whether Penang was occupied or ceded.

II. Captain Kydd and the First Inhabitants of Penang

  • Date: September 1, 1787

  • Captain Kydd's report to the British Government: Penang had few permanent inhabitants at takeover.

  • Noted presence of several Malay families reliant on fishing, timber cutting, and oil production.

  • Historical note by Kydd: 30 years prior, Penang had thousands of residents, supported by numerous cemeteries.

  • British expulsion of residents involved in piracy.

III. Reference Cases

  1. Ong Cheng Neo v. Yeap Cheah Neo & Ors [1972] 1 Ky 326:

    • Importance: Irrelevance of determining Penang as an acquired or recent territory as there was no law pre-takeover.

  2. Regina v. Willans [1858] 3 Ky 16:

    • Legal principle: Law for new uninhabited territories considered as land law.

IV. Sir George Leith and the Role of Justice

  • Emphasis on the combination of multiple race laws and British laws forming court rules in Penang.

V. Establishment of Law in Malacca

  • Year of takeover: 1824

  • Incorporation of Malay customary laws, Islamic laws, and some Dutch laws.

  • Introduction of English law through the Second Charter of Justice in 1826, which established The Court of Judicature.

VI. Singapore: Early History and Establishment of Law

  • Control: Under Sultan Johor, conquered by Stamford Raffles in early 1824.

  • Appointment of the first resident and 12 magistrates for civil and criminal cases.

  • Addressing legal uncertainty via the Second Charter of Justice in 1826.

VII. Formation of the Straits Settlements

  • Official recognition: Penang, Malacca, and Singapore as Straits Settlements in 1826.

  • Initial governance under a Governor until transfer to London in 1967.

  • Aim of the Second Charter of Justice: Local introduction of English law.

VIII. Related Cases in the Malay States

  • Reference cases: Kamoo v. Thomas Turner Bassett and Fatimah & Ors v. Logan & Ors among others reinforcing British law precedents.

IX. Borneo and Sabah

  • Sarawak's historical context under Brunei in the 16th century; governance by James Brooke post-1841 rebellion.

  • Sabah (formerly North Borneo) administered by the British, legalizing English law.

X. Cases in Sabah

  • Reference: Reg. v. Willans [1858] 3 Ky 16, reinforcing English law application in Sabah.

  • Preceding decisions reflect