Tutorial MLS - Charter of Justice

1.
Outline the provision of Charter of Justice 1807

Royal Charter of Justice refers to the permission granted by British crown for a statutory reception
which gives power to the East India Co. to operate a competent English legal system and establish
reception of English common law. There are 3 charters of justice granted in history and the first is in
1807 in Penang and this charter established that all civil and criminal matters to be exercised by
Penang. The second charter is in 1826 and the third charter was granted in 1855. The law that shall
apply is English law as administered in England on March 1807 and the application of law subject to
local circumstances. The charter also created the Court of Judicature of Prince of Wales. A Recorder
was appointed to act as judge to the court established. This statutory reception introduced and
affirmed the status of English law and undoubtedly the tool of the colonial advancing through the
Penang. In the case of Fatimah v Logan 1871, the court describe Penang as a desert and uninhabited
island and without any fixed legal institution and since the Sultan of Kedah never exercise his power
on Penang, therefore the territory is considered as terra nullius and without a Lex Loci. It was ruled
that the law of Penang is common law.
2. Outline the provision of Charter of Justice 1826

Royal Charter of Justice refers to the permission granted by British crown for a statutory reception
which gives power to the East India Co. to operate a competent English legal system and establish
reception of English common law. The first Charter of Justice was granted in 1807 for a statutory
reception of English Law in Penang. This second charter in 1826 extends the hand of English
common law to the territory of Malacca and Singapore while Penang receives English law for second
time. The charter established that all civil and criminal matters to be exercised respective States. The
law that shall apply is English law as administered in England on November 1826, and the jurisdiction
was similar to the charter granted in 1807 and the application of law subject to local circumstances.
The charter also created The Court of Judicature of Prince of Wales, Malacca and Singapore and in
stroke of a pen, Strait Settlements receives a large dose of English law. Besides, a Recorder and lay
judges were appointed. A recorder is a professional judge and assisted by lay judges, an ordinary
person. A Recorder visited Singapore and Malacca twice a year.
3. Outline the provision of Charter of Justice 1855

Royal Charter of Justice refers to the permission granted by British crown for a statutory reception of
English law. The Charter of Justice 1855 is the third charter and the first was granted in1807 in
Penang and the second charter was granted in 1826 and applied for Penang, and extend to Malacca
and Singapore. The third charter was granted because the British had problem in administering
justice even though there was second charter in 1826. There was only one professional judge, the
Recorder assisted by lay judges and visited Singapore and Malacca twice a year and this cause an
increase in number of cases waiting to be heard. This charter being granted in order to re-organized
the court system and overcome the problems in administering justice and additional Recorder was
appointed for Penang and Singapore. Besides, there was also an appointment of Registrar. In 1867,
there was a further development on the re-organization of the court system when the transfer of
administration of Strait Settlements from India to Colonial Office in London. The Recorder of
Singapore became Chief Justice of Strait Settlements and the Recorder of Penang became Judge of
Penang besides there was an appointment of AG and SG.
4. Explain the effect of residential system on the adoption of English law in the Malay States.
By 1888, the British managed to control Perak, Selangor, Pahang and Negeri Sembilan and the se
states knows as Federated Malay States. British introduced a sophisticated system of indirect rule
known as Residential System. Under this system, each Sultan has to accept a British Resident whose
advice had to be asked and acted upon in all administrative matters except related in Islam and
Malay customs. In this system, the actual government was in the hand of British Residents which
were responsible to the Governor of Straits Settlements. However, this system gives some effects
specifically on the adoption of English law on the Malay states. First effect is in term of the reception
of the English law to the Federated Malay States. When the British residential system applied and
operative in the Malay states and the Residents have power in the administration except in Islam
and Malay adat, the law that will govern matters in the administration is the English law and
basically it can be conclude that this system open the door for the English law in these four states
just in strokes of signs. Besides that, the British Residential system also promotes uniformity of law
since the law applied for the administration is the English law and not different set of laws previously
operated inthe Malay states and the power of administration of justice is under British Resident.
Thirdly, the effect of British residential system is the force of English law as the main and basic law of
the land weakened the force of the local law such as Syariah law and the Malay customary law, even
though the British residents does not have powers in these two matters, the reception of English law
to some extent weakened these two laws since the area of law govern by the local laws is not the
same as before the application of English law.
5. Describe the sources of law during Malacca Sultanate.

Sources of law refer to places where the law can be found and the origin where the law gets its
authority. It refers also to legal sources, that is, legal rules that make up the law. During Malacca
Sultanate, as the important place for trade, there is a need for a law and order, and there was
already a system of law and order established by the Ruler at that time in order to protect the
interest of traders and govern different group of people. The source of law during Malacca Sultanate
before the coming of Islam is Malay adat law, specifically adat Temenggung. Adat law is the law
based on patrilineal tradition, and since it comes from Palembang, it received influence of Hindu
tradition and its customary law. Adat Temenggung was also the basis of the law contained in most of
the Malay legal codes or digests which were compiled to facilitate the uniformity of decisions. The
two legal digests in Malacca Sultanate are Hukum KanunMelaka and Undang-Undang Laut Melaka.
Hukum Kanun Melaka is the law that governed wide range of civil, criminal and constitutional
matters while Undang-Undang Laut Melaka covered largely on maritime matters. After the coming
of Islam, the Syariah law introduced and tends to modify the Malay adat law to accord with Islam, a
process which continues to this day. Syariah law to some extend weakened the force of Malay adat
law, but not in a substantial scale.
6. Describe the administrative reign during Malacca Sultanate

Malacca is an important port therefore there is a need for a law and order and a systematic
administrative structure to govern on administrative matters in Malacca. At the apex of its
administrative reign is the Sultan or the Ruler. The Sultan has absolute power; however, he is no
longer semi divine. The absolute position of the Sultan is not a license for arbitrary rule because
tradition requires the Sultan to consult those under his authority. The most important minister is the
Bendahara, who combined the office of Prime Minister, Chief Minister and commander-in-chief of
the army in the modern day. Bendahara will assist the Sultan in the administration matters and also
lead the other minister. He also was appointed to take care of political and judicial function. Next in
prominence was the Temenggung, who was the chief of police and magistrate, who was responsible
in apprehending criminals, maintaining prisons and keeping the peace. Following him was the
laksamana, the admiral of the fleet. These were the most eminent officials in the realm. There were
also other officials such as penghulu Bendahara, or chief secretary of Bendahara and a treasurer. He
was also the head of Syahbandar, who is the harbor master.

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1.

Outline the provision of Charter of Justice 1807

2. Outline the provision of Charter of Justice 1826

3. Outline the provision of Charter of Justice 1855

5. Describe the sources of law during Malacca Sultanate.

6. Describe the administrative reign during Malacca Sultanate

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