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The high courts in Malaysia are the third-highest courts in the hierarchy of courts, after the Federal Court and the Court of Appeal.Article 121 of the Constitution of Malaysia provides that there shall be two high courts of co-ordinate jurisdiction—the High Court in Malaya and the High Court in Sabah and Sarawak (before 1994, the High Court in Borneo).
The High Courts have original jurisdiction in criminal cases punishable by death. Cases are heard by a single judge in the High Court, or by a judicial commissioner. While High Court judges enjoy security of tenure, judicial commissioners are appointed for a term of two years, and do not enjoy similar protection under the Constitution.
The court is composed of the Chief Justice, President of the Court of Appeal, the Chief Judges of the High Court in Malaya and the High Court in Sabah and Sarawak and 11 other Federal Court judges. [18] The Chief Justice is also the head of the judiciary in Malaysia. [18]
The Federal Court reviews decisions referred from the Court of Appeals; it has original jurisdiction in constitutional matters and in disputes between states or between the federal government and a state. Peninsular Malaysia and the East Malaysian states of Sabah and Sarawak each has a high court.
The highest court in the judicial system is the Federal Court, followed by the Court of Appeal, and two High Courts, one for Peninsular Malaysia, and one for East Malaysia. The subordinate courts in each of these jurisdictions include Sessions Courts, Magistrates' Courts, and Courts for Children. Malaysia also has a Special Court to hear cases ...
The Penang High Court, then known as the Supreme Court, had been established in 1808 within Fort Cornwallis nearby, the first such court to be set up in the Malay Peninsula. [1] Its establishment also marked the introduction of a modern legal system in Malaya , which would evolve to become the current judiciary of Malaysia .
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