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What is a Special Court? What are the functions of the Special Court?

The setting up of the Special Court in 1993 became a major turning point in the legal system in Malaysia.

Article 182(1) and (2), Part XV of the Federal Constitution

Part XV PROCEEDINGS AGAINST THE YANG DI-PERTUAN AGONG AND THE RULERS

The Special Court

  1. (1)There shall be a court which shall be known as the Special Court and shall consist of the Chief Justice of the Federal Court, who shall be the Chairman, the Chief Judges of the High Courts, and two other persons who hold or have held office as judge of the Federal Court or a High Court appointed by the Conference of Rulers.

    (2) Any proceedings by or against the Yang di-Pertuan Agong or the Ruler of a State in his personal capacity shall be brought in a Special Court established under Clause (1).

    ...


Before this amendment was made, no proceeding can be brought in any court against the Yang di-Pertuan Agong or the Ruler of a State in his personal capacity.

The Chairperson of the Special Court shall be Chief Justice of the Federal Court together with the Chief Judges of the High Courts and two other persons who hold or have held office as Judge of the Supreme Court or a High Court appointed by the Conference of Rulers.

The Special Court has exclusive jurisdiction to try all offences committed in the Federation by the Yang di-Pertuan Agong or the Ruler of a State and all civil cases by or against the Yang di-Pertuan Agong or the Ruler of a State, notwithstanding where the cause of action arose.

The court shall have the same jurisdictions and powers as are vested in the lower courts, the Supreme Court and High Court.

Article 183, Part XV of the Federal Constitution

Part XV
PROCEEDINGS AGAINST THE YANG DI-PERTUAN AGONG AND THE RULERS

No action to be instituted against the Yang di-Pertuan Agong or a Ruler except with the consent of the Attorney General personally


183. No action, civil or criminal, shall be instituted against the Yang di-Pertuan Agong or the Ruler of a State in respect of anything done or omitted to be done by him in his personal capacity except with the consent of the Attorney-General personally.


The registry of Special Court is in Kuala Lumpur.

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Knowledge Base ID :   1007
Last Reviewed :   December 26, 2015
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