Welcome to Sabahlaw.com, a website to educate the public about the laws in Sabah, Malaysia.
 

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Sabahlaw is sponsored by Chris Kwan, Barrister and Solicitor (High Court of Australia) and Registered Patent Agent (Malaysia ?Number : PA/2009/0201) See his video on patenting in Malaysia below (approx 4 mins).

Inventor for US Patents 7493279, 7487126, 7461010, 7395234, 7376612, 7376612. For all your patenting needs in Malaysia or USA, contact me : Below US Patent peer to peer payment using prepaid card

  • US PATENT 8,650,126 - Issued 11 February 2014

    For email contact : chris at sabahlaw dot com.

     

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    Please note that there is a newly minted Advocates (Website) Rules 2013 governing how Advocates can promote themselves by using websites. This website complies with Advocates (Practise and Etiquette) Rules 1988, clauses 45-50, in particular clause 46. "An advocate shall not do or cause or allow to be done anything with the primary motive of personal advertisement, or anything calculated to sugget that it is so motivated." Please note that Sabah and Sarawak come under the Jurisdiction of the High Court of Sabah & Sarawak (formerly known as Borneo) and therefore Advocates are not permitted to promote or self-advertise unlike those of our counterparts under the High Court of Malaya which is governed by a different Act. To avoid confusion, reference to Bar Council of Malaysia actually means those having the rights to practise in Malaya (West Malaysia). There is now a self-"regulatory" body in Sabah named Sabah Law Society (SLS) which issues "annual" certificate (AC) and members have to use this to apply for practising certificates (PC) issued by the High Court starting from 2017. Sabah Law Society charges an very hefty annual membership fee $500 and Disciplinary Fund $250. One cannot practise with AC, so the question is why should we need this AC ? The thing is that when one is applying for this AC, one has to pay the membership fee first before SLS considers. Another issue is that there is potential conflict of interest as AC is approved by the Executive Committee (another practising lawyer going through your documents including accounting reports, imagine if this lawyer does not like you as an opponent in Court) not SLS nor delegated to an independent person. Refusal means we have to go to Court and challenge this "SLS" decision. You must check with the High Court of Sabah & Sarawak to ascertain the status of an Advocate in Sabah & Sarawak. To be able to practise in Malaysia as a whole means the Advocate has to be admitted in High Court of Sabah & Sarawak in the state of Sabah, High Court of Sabah & Sarawak in the state of Sarawak and the High Court of Malaya (3 PCs). Incidentally one can only be admitted as an Advocte in Sabah & Sarawak but in Malaya as Advocate & Solicitor (fused profession). An Advocate in the State of Sabah or Sarawak can practise as a Barrister or Solicitor but it is common for both practices to be under the same firm even though this contravenes the convention in England (The Advocates Ordinance requires the Advocate to follow the practices in England as defined under Intrepretation 2(1)" “to practise in Sabah*?means to perform in Sabah? (a) any of the functions which in England may be performed by a member of the Bar as such; or (b) any of the functions which in England may be performed by a Solicitor of the Supreme Court of Judicature as such;".

     

     

     

    1. Sabah Law Firms DIRECTORY (AS AT JAN 2009) (*PDF Version*) (158K)

    2.List of all Advocates in Sabah as at July 2007- (*PDF Version*) 700 KB file OR please go to Sabah Law Society (https://sabahlawsociety.org/) website for updates

    3.A list of sabah laws Quick reference to "knowing" the local framework. You will notice that since Sabah joined with Malaya/Sarawak/Singapore to form Malaysia in 1963, she has effectively been left with land and religion power. Note Singapore left (or was kicked out) on 9.8.1965 and never looked back



    Hot Topics

    Judges' Code of ethics 2009

    Judicial Officer Code of ethics 2019. This is for magistrate, registrars etc

    2018 Amendments to Rules of Court 2012, Rules of the Court of Appeal 1994, and Rules of the Federal Court 1995

    This is the parliamentary hansard for the debate on the 1976 Amendment to Malaysia's Federal Constitution which covered some 30 articles and schedules including Article 1(2) which places Sabah and Sarawak as one of 13 states instead of 1 (Borneo states) of 2 blocs. Note in english and malay. The PM at that time explained this was "rearranging the names". .

    Report-of-the-Commission-of-EnquiryNorth-Borneo-Sarawak-IGC-1962.pdf

    Find Out how Malaysia was formed, the truth will surprise you (Big file 47 MB)

    Malaysia Agreement or Malaysia Act, shows original Sabah/Sarawak and Singapore State Constitutions

    Nicholas Fung Ngit Chung, 'The Constitutional Position of Sabah', ch.6 of Trindade, F.A. & Lee, H.P., The Constitution of Malaysia: Further Perspectives and Developments (Kuala Lumpur, Oxford University Press, 1986)

    What you need to know when purchasing property with a loan in Sabah, this is not updated anymore.

    Precedents for seeking admission to the Sabah Bar (*PDF Version*) This is out of date but you can still use this as a reference.

    A copy of the latest Annual Report Dec 2018 for the Sabah Law Society is also found here (external link). Notice the expenses



    Popular laws

    PLEASE NOTE: ENACTMENTS AND ORDS PROVIDED BELOW ARE  "AS IS" AND ARE FOR EDUCATION PURPOSES ONLY. YOU MAY WISH TO CONSULT THE HIGH COURT OF SABAH & SARAWAK FOR THE LATEST. ALTERNATIVELY YOU MAY WISH TO LOOK AT THE SABAH STATE ATTORNEY DEPARTMENT. WE ARE NOT CONNECTED TO EITHER OF THEM OTHER THAN BY PROFESSIONAL ASSOCIATION

    Advocate Ord Latest voted amendments in late 2019 vide an EGM on 30 Aug 19 but not in parliament yet. Most of the amendments have been accepted by members but not everything. The proposed amended bill is here and the "explaination" in word format is here

    "CURRENT ADVOCATES ORDINANCE" in pdf, 1953 . This is now a Federated law ie out of control of State of Sabah and includes plenty of amendments like introduction of a Annual Certificate (A/C) by the Law Society and using this AC to apply to the Court to get your PC. The power to amend Advocate Ord is based on the Ninth Sch in the Federal Constitution at 4. Civil and criminal law and procedure and the administration of justice, including—...(a) constitution and organization of all courts other than Syariah Courts; (b) jurisdiction and powers of all such courts; (c) remuneration and other privileges of the judges and officers presiding over such courts; (d) persons entitled to practise before such courts; ). I also notice that it requires 30% of membership to initiate any EGM (far exceed 10% for Companies)

    An Act to amend the Advocates Ord 2017 in html (VERY IMPORTANT)

    Government printer's version in PDF of the above amendment I also include the Minister's annoucement in Gazatte bringing the amendment to force. Notice this was by a minister in the prime minister department as there is no such Justice Minister in Malaysia. See PU294/2017

    OLD ADVOCATES ORDINANCE, 1953 (* This is the outdate version before above amendments)
    (Note EXCLUDES G.N.S 116 of 1953, G.N.S 15 of 1988, G.N.S 16 of 1988, G.N.S 17 of 1988, ie subsidiary legislation made thereunder which are individually listed below in PDF)

    ADVOCATES' REMUNERATION RULES 1988

    ADVOCATES (PRACTICE AND ETIQUETTE) RULES I988

    ADVOCATES' ACCOUNT RULES 1988

    ADVOCATES' ACCOUNT (Amendment) RULES 2010, ADVOCATES (INQUIRY COMMITTEE) (Amendment) RULES 2010 and ADVOCATES' REMUNERATION (Amendment) RULES 2010

    ADVOCATES (INQUIRY COMMITTEE) RULES 2013 (replaced old Rules 2010)

    ADVOCATES DISCIPLINARY BOARD PROCEDURES

    ADVOCATES DISCIPLINARY PROCEEDINGS-APPEAL

    ADVOCATES-DISCIPLINARY PROCEEDINGS

    ADVOCATES (ISSUE OF ANNUAL CERTIFICATE) RULES 2017

    ADVOCATES (WEBSITE) RULES 2013

    ADMINISTRATION OF NATIVE AND SMALL ESTATE ORDINANCE Cap. 1 Vol. I (c.i.f. 25.01.1941) (Repealed by Act A127/72 but not yet in force)

    APPLICATION OF LAWS ORDINANCE, 1951 (* Application of Common Law of England etc as at 1st December 1951 in Sabah - effectively one must look at say Fraud Statutes as at 1.12.1951 etc )

    BIODIVERSITY ENACTMENT, 2000 (* Setting up biodiversity council admin etc)

    CHIEF MINISTER (INCORPORATION) ORDINANCE, 1949

    DRAINAGE AND IRRIGATION ORDINANCE, 1956

    DELEGATION OF POWERS ENACTMENT, 1963

    ENVIRONMENT PROTECTION ENACTMENT, 2002 (*PDF Version*)

    ENVIRONMENTAL PROTECTION (PRESCRIBED ACTIVITIES) ORDER 2005, ENVIRONMENT PROTECTION (PRESCRIBED ACTIVITIES) (ENVIRONMENTAL IMPACT ASSESSMENT) ORDER 2005, ENVIRONMENT PROTECTION (REGISTRATION OF ENVIRONMENTAL CONSULTANTS) RULES 2005, ENVIRONMENT PROTECTION (ENVIRONMENTAL FEES) RULES 2005, ENVIRONMENT PROTECTION (COMPOUNDING OF OFFENCES) RULES 2005 (*PDF Version*) Malay/English

    ENVIRONMENT PROTECTION (AMENDMENT) ENACTMENT 2004 (*PDF Version*)

    FOREST ENACTMENT 1968

    FOREST ENACTMENT 1968 (*PDF Version*)

    HOUSING AND TOWN DEVELOPMENT AUTHORITY ENACTMENT 1981

    HOUSING DEVELOPMENT (CONTROL AND LICENSING) ENACTMENT 1978

    HOUSING DEVELOPMENT (CONTROL AND LICENSING) RULES 1978

    HOUSING DEVELOPMENT (CONTROL AND LICENSING) RULES 2008 (GAZATTED - PDF VERSION)

    HOUSING DEVELOPERS (PROJECT ACCOUNT) RULES 1995

    INTESTATE SUCCESSION ORDINANCE 1960

    INTERPRETATION AND GENERAL CLAUSES ENACTMENT 1963

    LAND ORDINANCE 1930

    LAND RULES (Section 46) GN 505/1930(in PDF)

    LAND (SUBSIDIARY TITLE) ENACTMENT 1972

    LABOUR ORDINANCE 1950

    LAND ACQUISITION ORDINANCE 1950

    LOCAL GOVERNMENT ORDINANCE 1961

    LIMITATION ORDINANCE 1952

    MERCHANT SHIPPING ORDINANCE 1960 (c.i.f. 01.04.1961) slow - 1 MB

    MERCHANT SHIPPING ORDINANCE 1960 (*PDF Version* - 366 KB)

    MINOR OFFENCES ORDINANCE 1953

    MINING ORDINANCE 1960 (c.i.f. 01.01.1961)

    NATIVE COURTS ENACTMENT 1992. (c.i.f. 19.04.1993)

    PARKS ENACTMENT 1984

    PROBATE AND ADMINISTRATION ORDINANCE 1947 (Huge File 17 MB)

    PROBATE AND ADMINISTRATION RULES 1948

    RENT CONTROL (BUSINESS PREMISES) ENACTMENT 1965 (pdf - 9 MB)

    REGISTRATION OF BIRTH AND DEATH ORDINANCE 1951(declared as Federal law) (pdf - 9 MB)

    RURAL ADMINISTRATION ORDINANCE 1951

    SABAH WATER RESOURCES ENACTMENT 1998

    SABAH CONSTITUTION * (MUST READ FOR ALL SABAHAN)

    SABAH ECONOMIC DEVELOPMENT CORPORATION ENACTMENT 1981

    STATE SALES TAX ENACTMENT 1998

    SYARIAH COURT CIVIL PROCEDURE ENACTMENT 2004

    SYARIAH COURTS ENACTMENT 2004

    SYARIAH COURTS EVIDENCE ENACTMENT 2004

    SYARIAH CRIMINAL OFFENCES ENACTMENT 1995

    SABAH LAWS DECLARED FEDERAL

    TOWN AND COUNTRY PLANNING ORDINANCE 1950

    TRUSTEES (INCORPORATINON) ORDINANCE 1951

    THE SANDAKAN TOWN BOARD BUILDING BY-LAWS, 1951 & THE SANDAKAN MUNICIPAL COUNCIL BUILDING (AMENDMENTS) BY-LAWS, 1982 in PDF (16MB)

    WATER SUPPLY ORDINANCE 1961

    WILLS ORDINANCE 1953

    WILDLIFE CONSERVATION ENACTMENT 1997 (*PDF Version*)

    WILDLIFE CONSERVATION REGULATION 1998


    Cases - For novice advocate and education only (Breach of Agreements) -
    IAY ASSOCIATES V LEMBAGA PELABUHAN-PELABUHAN SABAH (CIVIL SUIT 22-271-2001) Decided 2006 MERCES BUILDERS (S) SDN BHD V WONG YIT MING (CIVIL SUIT K 22-46-2003) Decided 2006

    Pleadings

    Notes of Proceedings

    Judgment

    Pleadings

    Agreed

    Authorities

    Notes of Proceedings

    Judgment

     

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