MALAYSIAN LEGAL SYSTEM LAW 1320

TUTORIAL
ASSIGNMENT
(15%)
General Instruction

(i) Please ensure that the written assignment must have a complete footnote. For example, the case referred in the main text of
the assignment must have a footnote with the proper citation, see details on footnoting in the book ‘Malaysian Legal
System’ 3rd edn.
(ii) Also, the written assignments must contain a dedicated bibliography page where the materials referred must be clearly
mentioned therein.
(iii) There is no minimum or maximum page number but what matters most is the quality and extent of the research.
(iv) Date of submission of the written assignment is by or before 5 PM on 7 JUNE 2024 (Friday). Any late submission will
not be entertained, and no marks will be considered for this exercise.
(v) The evaluating criteria of the written assignment are shown in the table below.

Subject Allocation of Marks (15%)

Introduction which should address on the analysis of the assigned question. 2.5%
The extent of the research and clarity of the written assignment content. 10%
Conclusion, and the recommendation (if applicable). 2.5%

Group Topic
Analyse the decision in the following cases in relation to the scope and development of
Group 1 Islamic law in Malaysia.
1.Aisyah H.
2. Syahzan (a) Mohamad Habibullah bin Mahmood v Faridah bt Dato Talib [1992] 2 MLJ 793
3. Irfan (SC); and
(b) Meor Atiqulrahman bin Ishak v Fatimah bte Sihi [2006] 4 MLJ 605 (FC);
Group 2 (a) Discuss the argument for and against the application of English statutes of general
1. Resya application into West Malaysia.
2. Aisha
3. Hafiz
(b) English decisions made after the cut-off dates under section 3(1) of the Civil Law
Act 1956 are not binding but are merely persuasive. Explain.

(c) The application of English laws pursuant to section 3(1) of the Civil Law Act 1956
is subject to its suitability to the local conditions and the circumstances of the states
of Malaysia. Explain.

Group 3 (a) For any subsidiary legislation to be valid it must be intra vires the parent statute and
1. eisyah the Federal Constitution. The courts would strike down a subsidiary legislation if it
2. ersa comes in conflict, or does not conform to the above two instruments. Discuss.
3. medina
(b) A person or authority receiving delegated legislative power cannot validly sub-
delegate any of its law-making power to another in the absence of express or implied
authority. Explain.

Group 4 (a) Explain the characteristic of a valid custom as outlined by Lord Denning in the case
1. Zeti (2222732) of New Windsor Corporation v Mellor [1975] 3 All ER 44.
2. NorHidayu (2214660)
(b) What were the material legal sources of Sarawak, as mentioned in the judgment of
the leading case of Kho Leng Guan v Kho Eng Guan [1936] SCR 60?

(c) Explain the extent of the current application of Chinese customary laws in West
Malaysia.

Group 5 With reference to relevant authorities, advice the court that would have jurisdiction to hear
1. Hasya the following cases;
2. ’Ainan
3. Jamim (a) A state government had alienated a piece of land to the Ruler of a State, for
 commercial purposes. The Ruler had appointed Speed Construction Sdn. Bhd. to
develop the land. After working for a year, the company abandoned the project
without any valid reasons and the Ruler would like to commence an action against
the company.

(b) The Assistant Principal of Sri Alam College was dismissed from employment for
alleged misconduct. She claimed that her dismissal was wrongful and would like to
file an action against the college.

(c) A 16-year-old schoolboy committed culpable homicide not amounting to murder, an

offence under s.301 of the Penal Code which is punishable with imprisonment for a
term which may extend to twenty years, and shall also be liable to fine.

(d) Abu, a waiter, under the influence of prohibited drug, drove his car negligently
thereby causing the death of Bali, an offence under section 304A of the Penal Code,
where if found guilty shall be punished with imprisonment which may extend to two
years, or with fine, or both.

Group 6 With reference to relevant authorities, advice the court that would have jurisdiction to hear
1. Maryam the following cases;
2. Aala
3. Nazat (a) Kamariah, a senior officer of Tenkuk Berhad, was charged for criminal breach of
trust for misappropriation of property, an offence under s.406 of the Penal Code
punishable with imprisonment for a term which may extend to ten years, or with fine
or both.

(b) A, twelve-year-old boy was apprehended by the security guard of Warta

Supermarket for shoplifting.

(c) Ten students of Sekolah Sri Bayu were caught for participating in an unlawful
assembly, an offence under section 27(5) of the Police Act 1967, where if found
guilty may be shall be punished with up to a year’s imprisonment or fine between
RM2,000 to RM10,000 or both, upon conviction.
 (d) A chief Executive Officer was charged under s.41(1) of the Securities Commission
Act 1983 which carried a RM1 million fine, or a maximum 10 years jail or both
upon conviction.

Group 7 Section 5(1) and (2) of the Civil Law Act 1956 (Revised 1972) allows the reception of the
1. Dominic English common law, rules of equity and statutes on matters mentioned therein, in the same
2. Ammar way as would be administered in England, unless other provisions are made by any local
3. Yusri written law.
Discuss.

Group 8 (a) Litigation has many constraints. Discuss the advantages of the Alternative Dispute
1. Farrah Resolution (ADR) over litigation.
2. Nabilah
3. Yumna (b) Discuss the importance of access to legal aid and how such legal aid from the Legal
Aid Department in Malaysia operates.

Group 9 Maleem had been arrested for a suspected offence of robbery in a house belonging to Malik,
1. Irfan an offence under section 392 of the Penal Code which is punishable with 10 years’
2. nik imprisonment. Besides removing some jewellery and other valuable items from the house,
3. illham Maleem also took Malik’s brand new Proton X70 and drove the car as a quick escape from
the crime scene. No sooner after he left the house, the police was alerted and in a car chase,
Maleem hit Ali’s BMW, which was coming from the opposite direction. As a result of the
impact of the accident, Ali was seriously injured, but nevertheless, he survived the accident.
While Maleem was unhurt, but the car he was driving was badly damaged and was later
declared a total wreck.
Fortunately for Malik, he had earlier taken a comprehensive insurance coverage for his car
from XYZ Insurance Sdn. Bhd. in the amount of RM100,000. But when he approached the
insurance company for the insurance payment, the company was only willing to pay him
RM70,000.
 In light of the above facts, discuss the following questions by citing relevant authorities.

(a) Advise Malik as to the proper court in which he can bring an action against XYZ
Insurance Sdn. Bhd., the insurance company and stated the civil and criminal
jurisdiction and powers of the selected court.
(b) Assuming Malik is unhappy with the outcome of his application against the
insurance company as in question (a), state the appeal process and its requirements.
Ali would like to claim for special and general damages amounting to RM150,000. State the
court which may hear his application.
Group 10 The Private Healthcare Facilities and Services Act 1998, section 107 provides that the
1. Iesya Minister of Health may make such regulations as appears to him necessary or expedient for
2. Najwa carrying out the provisions of the Act. The section further provides that without prejudice to
3. Nabilah Husna the generality of the powers conferred earlier, regulations may be made to prescribe the
manner of applying for an approval to establish or maintain, a licence to provide or operate,
or a certificate of registration or a certificate to import and export of natural human blood
and blood product under the Act.
In August 2019, the Director-General of the Ministry of Health made a regulation entitled
Private Healthcare Facilities and Services (Private Hospitals and Other Private Healthcare
Facilities) Regulations 2019. The Regulation, among others, creates an offence of
importation of natural human blood without a valid license. It further provides that the
Regulation shall take effect from 1 January 2019.
In November 2019, Aro Blood Sdn Bhd imported natural human blood from XYZ country
without a valid license. Accordingly, the company was charged for an offence under the
Private Healthcare Facilities and Services (Private Hospitals and Other Private Healthcare
Facilities) Regulations 2019 for the unlicensed importation of natural human blood.
Advise Aro Blood Sdn Bhd.

Group 11 “It is trite law that no rule, regulation or by-law made under statutory powers must go
1. Ikmal (2218627) beyond or be repugnant to the enactment under which they are made. It is also trite law that
2. Luqman Shahril (2119071) the validity of delegated legislation as a general rule can be canvassed by the courts, and
3. Hawa (2113144) that in the absence of express statutory provision to the contrary, the courts may inquire
whether the rule making power has been exercised in accordance with the provisions of the
 statute by which it is created”: per HT Ong in Ghazali v PP (1964) MLJ 156.

(i) In light of the above statement, discuss the method adopted by the courts to
nullify a subsidiary legislation on grounds of ultra vires.
(ii) Discuss whether a subsidiary legislation can be made with retrospective effect
notwithstanding the absence of power expressly given by the Parent Act.

Group 12 With reference to relevant authorities, discuss the court that would have the jurisdiction to
1. Nurin Syazana hear the following cases:
2. Nayli Nadia (i) Mr. Lee had purchased a branded tabletop computer from Millennium Computer
3. Nadia Sofia Bhd in reliance of the specification mentioned in the brochure that was given to
him by a sales representative of the company at the recently held computer
exhibition. After receiving the computer, Mr. Lee realised that the computer
delivered to him did not comply with the specifications, as in the brochure. Mr.
Lee would like to terminate the purchase and recover a sum of RM6,500 from
the company, being the purchase price of the said computer.
(ii) Salem, a twelve-year-old boy, was apprehended by the security guard of Warta
Supermarket for shoplifting.
(iii) Abu was charged under section 189 of the Penal Code for threatening to injure a
police officer while the officer was dispersing an unruly crowd in an unlawful
assembly. The offence is punished with two year’s imprisonment or with fine
upon conviction.
(iv) Bob was charged in the Sessions Court under a federal law for propagating a
religion other than Islam among Muslims. He would like to challenge the
validity of the provision under which he was charged on the ground that
Parliament has no power to enact such provision.
Group 13 Article 3(1) of the Federal Constitution recognises Islam as the religion of the Federation.
1. Jamim Sadia Rahman Discuss to what extent the Federal Constitution guarantees the position of Islam as a source
2. Ainan Insyiraah of law, with reference to legal provisions and decided cases.
3. Hasya Aqilah