Professional Documents
Culture Documents
English
Law
Historical Reception of English Law
in
TheMalaysia
Straits
Settlements
The Malay
States
The Borneo
States
The Straits Settlements
• The British had become a major colonial power by the
middle of 18th century
• The early days of British colonization and English law
particularly in Peninsular could be traced from the history of
Straits Settlements (SS) comprised of Penang, Singapore and
Malacca.
• Started as a cession territory for the British East Indian
Company (EIC), the SS were put under the British colony
care by the Secretary of State for the Colonies.
Penang
• The Island of Penang was the first territory to be acquired
by the British.
• 1786 – Francis Light obtained a cession of the Island from
the Sultan of Kedah on assurance that British shall render
protection for Kedah from the attack of Siam.
• Although the terms in the 1786 agreement only conferred
right to occupation, it was later turned to become an actual
cession of Penang from Kedah to British after the Sultan
was forced to enter into a Treaty with the EIC in 1791.
• As a consideration, a pension of 6,000 dollars was paid to
the Sultan
Early legal system of Penang
• Penang was held under the authority of Governor General of India
after its acquisition by Francis Light.
• Francis Light on the other hand was made the first Superintendent to
preserve good order in the Settlement and to try and judge all persons
except for British subject.
• The judicial hierarchy consist of Superintendent, the Magistrate and
Second Assistant. Any judgement passed by the Magistrate need to be
submitted to the Superintendent before its execution. However, the
Superintendent himself is not authorised to pass death sentence and
such execution need to obtain approval from the Governor General of
India
• Local headmen were appointed to deal with petty
cases among the local people.
• Local customs and law were allowed to be practiced
subject to application of English Law when it is just
and expedient.
The Royal Charter of Justice 1807
• The Royal Charter of Justice 1807 is the most significant event in
Malaysian legal system.
• It marked the introduction of the first statutory English law into
Malaysia.
• It established the Court of Judicature of Prince of Wales Island which
was to exercise the jurisdiction in all civil and criminal matters of the
superior courts in England ‘as far as Circumstances will admit’ and
jurisdiction as a ecclesiastical court ‘so far as the several Religions,
manners, and customs of the inhabitants…will admit’.
• The Charter did not expressly introduced English Law however its
provisions were interpreted by the judiciary as having introduced English
Law, as it stood in England on 25th March 1807 into Penang.
• E.g: Kamoo v Bassett (1808) 1 Ky. 1
Singapore
• Singapore was said to be formally founded in 1819 by Stamford
Raffles, an official of the British East Indian Company (EIC).
• The Island was in actual under the control of the Malay
kingdom of Johor who exercised jurisdiction in accordance with
the Malay customary law
• 1819 – Stamford Raffles had manipulated the political chaos in
Johor to persuade the Johor Sultan to enter into Treaty with the
British to allow the British to take control of Singapore in
return of pension to the rulers.
• 1824 – British acquired complete sovereignty over Singapore
thru a Treaty with the Sultan
Early legal system in Singapore
• Stamford Raffles had an agreement with the Sultan and Dato’
Temenggung which define the rights of all the parties.
• All cases concerning religion, marriage, and inheritance, the
‘laws and customs of the Malays’, where not contrary to
‘reason, justice or humanity’, would be respected.
• Raffles drew up a set of laws, based on English law for the
administration of justice. However, large power of discretion
left to the magistrates.
Malacca