AI-assisted research summary: Native courts in Sabah and Sarawak are given criminal jurisdiction over certain offences, with an exception for offences that are also offences under the Penal Code.
LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 471 NATIVE COURTS (CRIMINAL JURISDICTION) ACT 1991 As at 1 March 2012 2 NATIVE COURTS (CRIMINAL JURISDICTION) ACT 1991 Date of Royal Assent … … … … 2 September 1991 Date of publication in the Gazette … … 12 September 1991 Latest amendment made by Act A835 which came into operation on … … … … … 4 September 1992 PREVIOUS REPRINTS First Reprint … … … 2001 Second Reprint … … … 2006 3 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 5 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 and any offence which, under or by virtue of any 6 Native Courts (Criminal Jurisdictions) written law, is punishable with imprisonment for a term not exceeding two years or with a fine not exceeding *five thousand ringgit or a 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 offfences 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. *NOTE─Previously “two hundred ringgit”–see Native Courts (Criminal Jurisdiction) (Amendment) Act 1992 [Act A835]. 7 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 (Criminal Jurisdiction) 04-09-1992 (Amendment) Act 1992 _____________ 8 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 ___________