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Malaysian Law/History/English law

< Malaysian Law

Civl Law Act 1956

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Section 3

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Application of English law in Malaysia generally. When no specific laws have been made in Malaysia:

In Peninsular Malaysia, application of English common law and rules of equity as administered in England on 7 April 1956.
In Sabah, application of English common law, rules of equity, together with statutes of general application, as administered or in force in England on 1 December 1951.
In Sarawak, application of English common law, rules of equity, together with statutes of general application, as administered or in force in England on 12 December 1949.

Provided always that the said common law, rules of equity and statutes of general application shall be applied so far as the circumstances of Malaysia and their respective inhabitants permit and subject to such qualifications as circumstances render necessary.

Cases

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Absence of local legislation:

  • Yong Joo Lin v Fung Pui Fong
  • Attorney-General, Malaysia v Manjeet Singh Dhillon
Decision followed by Murray Hiebert v Chandra Sri Ram.

Cut-off dates:

  • Sri Inai (Pulau Pinang) Sdn Bhd v Yong Yet Swee & Ors
  • Jamil bin Harun v Yang Kamsiah & Anor

Local circumstances:

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