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Native Courts (Criminal Jurisdiction) Act 1991

LAWS OF MALAYSIA

REPRINT

Act 471

NATIVE COURTS (CRIMINAL

JURISDICTION) ACT 1991

Incorporating all amendments up to 1 January 2006 PUBLISHED BY

THE COMMISSIONER OF LAW REVISION, MALAYSIA

UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH

PERCETAKAN NASIONAL MALAYSIA BHD

2006

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NATIVE COURTS (CRIMINAL JURISDICTION)

ACT 1991

Date of Royal Assent ... ... ... ... ... 2 September 1991 Date of publication in the Gazette ... ... 12 September 1991 PREVIOUS REPRINT

First Reprint ... ... ... ... ... 2001

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LAWS OF MALAYSIA

Act 471

NATIVE COURTS (CRIMINAL JURISDICTION)

ACT 1991

ARRANGEMENT OF SECTIONS

Section

1. Short title

2. Conferment of criminal jurisdiction

3. Validation 4 Laws of Malaysia ACT 471

5Native Courts (Criminal Jurisdiction)

LAWS OF MALAYSIA

Act 471

NATIVE COURTS (CRIMINAL JURISDICTION)

ACT 1991

An Act to confer on the native courts of the States of Sabah and Sarawak jurisdiction in respect of offences.

[13 September 1991]

WHEREAS, according to item 13 in List IIA of the Legislative Lists in the Ninth Schedule to the Federal Constitution, the jurisdiction of the native courts of the States of Sabah and Sarawak shall not include jurisdiction in respect of offences except in so far as conferred by federal law;

AND WHEREAS it is now expedient to confer jurisdiction in respect of offences on the native courts of those States; NOW, THEREFORE, BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows:

Short title

1. This Act may be cited as the Native Courts (Criminal Jurisdiction) Act 1991.

Conferment of criminal jurisdiction

2. The native courts constituted in the States of Sabah and Sarawak under or by virtue of any written law are hereby conferred jurisdiction to try any offence which, under or by virtue of any written law, is punishable with imprisonment for a term not exceeding two years or with a fine not exceeding *five thousand ringgit or a *NOTE--Previously "two hundred ringgit"­see Native Courts (Criminal Jurisdiction) (Amendment) Act 1992 [Act A835].

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combination thereof or to deal with the offender in any other manner in which, under or by virtue of any such law, they may from time to time be empowered to deal:

Provided that such jurisdiction shall not be exercised in respect of such offence which is also an offence under the Penal Code [Act 574].

Validation

3. All offences which before the commencement of this Act had been tried by any of the native courts aforesaid shall, except where it has been otherwise judicially declared, be deemed to have been validly tried as if jurisdiction in respect thereof had been conferred on those courts by federal law.

7Native Courts (Criminal Jurisdiction)

LAWS OF MALAYSIA

Act 471

NATIVE COURTS (CRIMINAL JURISDICTION)

ACT 1991

LIST OF AMENDMENTS

Amending law Short title In force from

Act A835 Native Courts 04-09-1992

(Criminal Jurisdiction)

(Amendment) Act 1992

8 Laws of Malaysia ACT 471

LAWS OF MALAYSIA

Act 471

NATIVE COURTS (CRIMINAL JURISDICTION)

ACT 1991

LIST OF SECTIONS AMENDED

Section Amending authority In force from

2 Act A835 04-09-1992

DICETAK OLEH

PERCETAKAN NASIONAL MALAYSIA BERHAD,

KUALA LUMPUR

BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA