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English Law Research Paper

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Reception of English Law in Borneo States
In Sarawak, the formal reception of English law commence in 1928 through the Laws of Sarawak Ordinance 1928. It is the Law of England subjected to the modifications by Orders of the Rajah and so far as it was applicable having regard to native customs and local conditions which was to be the law of Sarawak (Wan Arfah Hamzah, 2009). In Sabah, English law came in 1938 through the Civil Law Ordinance 1938. It provisions, were substantially similar to those of the Sarawak Ordinance but were more elaborate. According to Wan Arfah Hamzah (2009), the major difference being that the modifications to English law by local customary laws were explicitly limited which is only to the extent that such customary laws …show more content…

The different wording used by section 5(1) and 5(2) shows that there is a difference in which commercial matters would apply English law. Generally, section 5(1) provides that English commercial law as administered in England on 7 April 1956 shall be applied in Malaysia (except Penang and Malacca) in situation of local written law. On the other hand, in section 5(2), the English commercial law applicable in the states of Penang, Malacca, Sabah and Sarawak will be the same as that administered in England in the like case at the corresponding period, where there is no written law. Thus, it can be said that there is a continuing reception of English law in Penang, Malacca, Sabah and Sarawak while in other states, the reception stops at the cut-off. According to Dr Sharifah Suhanah Syed Ahmad (2012), she stated that “the strict compliance with this provision would mean that developments in the common law after 7 April 1956 cannot be received by Malaysian courts, and the only avenue would be for Parliament to enact laws which would incorporate latest developments, thereby keeping Malaysian law abreast of the changes”. However, it was seen that in practice, the difference does not

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