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COURTS OF JUDICATURE ACT 1964 PART III

PART THREE 
COURT OF APPEAL

General

38. Composition of the Court of Appeal.

  1. Subject as hereinafter provided, every proceeding in the Court of Appeal shall be heard and disposed of by three Judges or such greater uneven number of Judges as the President may in any particular case determine.

  2. In the absence of the President the senior member of the Court shall preside.

39. Sittings of the Court.

  1. The Court shall sit on such dates and at such places as the President may from time to time appoint:

  1. Provided that the President may, when he deems it expedient, direct that any appeal be heard at any time and in any place in Malaysia.

  1. The President may cancel or postpone any sitting of the Court which has been appointed under subsection (1).

40. Vacations.

The President may make rules as to vacations of the Court of Appeal not exceeding one month in any calendar year.

41. Proceedings how decided.

Proceedings shall be decided in accordance with the opinion of the majority of the Judges composing the Court.

42. Continuation of proceedings notwithstanding absence of Judge.

  1. If, in the course of any proceeding, or, in the case of a reserved judgment, at any time before delivery of the judgment, any Judge of the Court hearing the proceeding is unable, through illness or any other cause, to attend the proceeding or otherwise exercise his function as a Judge of that Court, the hearing of the proceeding shall continue before, and judgment or reserved judgment as the case may be, shall be given by, the remaining Judges of the Court, not being less than two, and the Court shall, for the purposes of the proceeding, be deemed to be duty constituted notwithstanding the absence or inability to act of the Judge as aforesaid.

  2. In any such case as is mentioned in subsection (1) the proceeding shall be determined in accordance with the opinion of the majority of the remaining Judges of the Court, and, if there is no majority the proceeding shall be re-heard.

  1. (Repealed by Act A1031)

[Am. Act A1031]

43. Applications.

Wherever application may be made either to the High Court or to the Court of Appeal, it shall be made in the first instance to the High Court.

44. Incidental directions and interim orders.

  1. In any proceeding pending before the Court of Appeal any direction incidental thereto not involving the decision of the proceeding, any interim order to prevent prejudice to the claims of parties pending the hearing of the proceeding, any order for security for costs, and for the dismissal of a proceeding for default in furnishing security so ordered may at any time be made by a Judge of the Court of Appeal.

  2. Every application under subsection (1) shall be deemed to be a proceeding in the Court of Appeal.
     

    (3) Every order made under subsection (1) may, upon application by the aggrieved party made within ten days after the order is served, be affirmed, varied or discharged by the Court.


Original Jurisdiction

45. -- 49. (Deleted).

Appellate Jurisdiction-Criminal Appeals

50. Jurisdiction to hear and determine criminal appeals.

  1. Subject to any rules regulating the proceedings of the Court of Appeal in respect of criminal appeals, the Court of Appeal shall have jurisdiction to her and determine any appeal against any decision made by the High Court--

  1. in the exercise of its original jurisdiction; and

  2. in the exercise of its appellate or revisionary jurisdiction in respect of any criminal matter decided by the Sessions Court.

  1. An appeal shall be to the Court of Appeal, with the leave of the Court of Appeal, against any decision of the High Court in the exercise of its appellate or revisionary jurisdiction in respect of any criminal matter decided by a Magistrate €™s Court but such appeal shall be confined to only questions of law which have arisen in the course of the appeal or revision and the determination of which by the High Court has affected the event of the appeal or revision.

(2A) An application for leave under subsection (2) shall be made within fourteen days after the date of the decision of the High Court.

  1. Notice of any appeal by the Public Prosecutor shall be given by, or with the consent in writing of that officer only; and notwithstanding subsection (2) no leave of the Court of Appeal is required.

  1. Except as otherwise provided in this section, an appeal may lie on a question of fact or a question of law or of mixed fact and law.

[Am Act A909] 


51. Notice of appeal.

  1. Every appeal shall be by notice in writing which shall be filed with the Registrar of the Court from which the appeal lies at the place where se decision appealed against was given within fourteen days after the date of the decision:

  2. Every notice of appeal shall state shortly the substance of the judgment appealed against, shall contain an address at which any notices or documents connected with the appeal may be served upon the appellant or upon his advocate and, except where the notice of appeal is given orally under section 54, shall be signed by the appellant or his advocate.

  1. Provided that, in a case of an appeal under section 50(2), the computation of the aforesaid period of fourteen days shall commence from the date immediately after leave has been granted by the Court of Appeal.

    [Am Act A909]

52. Record of proceedings.

(1) When a notice of appeal has been filed the Judge by whom the decision was given shall, if be has not already written his judgment, record in writing the grounds of his decision, and the written judgment or grounds of decision shall form part of the record of the proceedings.

(2) As soon as possible after notice of appeal has been filed the Registrar shall cause to be served on the appellant or his advocate at his address for service specified under section 51(2) a notice that a copy of the record is available and can be had on applying for the same on payment of the prescribed fee:

Provided that in the case of an appeal by the Public Prosecutor a copy of such record shall be furnished to him without payment of any fee.

[Am Act A909] 

53. Petition of appeal.

  1. Within ten days after service of the notice referred to in section 52 (2) the appellant shall file with the Registrar of the Court from which the appeal lies a petition of appeal and five copies thereof addressed to the Court of Appeal.

  2. Every petition of appeal shall be signed by the appellant or his advocate and shall contain particulars of the matters of law or of fact in regard to which the High Court is alleged to have erred, and, except by leave of the Court of Appeal, the appellant shall not be permitted on the hearing of the appeal to rely on any ground of appeal other than those set forth in the petition.

  3. If a petition is not filed within the time prescribed by this section the appeal shall be deemed to have been withdrawn, but nothing in this subsection shall be deemed to limit or restrict the powers of extending time conferred upon the Court of Appeal by section 56.

[Am Act A909]

54. Procedure where appellant in prison.

  1. If the appellant is in prison he shall be deemed to have complied with the requirements of sections 51 and 53 if he gives to the officer in charge of the prison either orally or in writing notice of appeal and the particulars required to be included in the petition of appeal within the times prescribed by those sections.

  2. The prison officer aforesaid shall forthwith forward the notice and petition or the purport thereof to the Registrar of the Court from which the appeal lies at the place where the decision appealed against was given.

55. Transmission of papers to Court of Appeal.

  1. When an appellant has complied with sections 51 and 53 the Registrar of the Court from which the appeal lies shall forthwith transmit to the Court of Appeal four copies of the record of the proceedings in the case, together with four copies of the notice of appeal and of the petition of appeal.

  2. The Registrar of the Court from which the appeal lies shall also furnish the respondent or his advocate with a copy of the record of the proceedings in the case and a copy of the notice of appeal and of the petition of appeal.

56. Appeals out of time and formal defects.

The Court of Appeal may in its discretion, on the application of any person desirous of appealing who may be debarred from so doing by reason of his not having observed some formality or some requirement of this Act, permit an appeal upon such terms and with such directions as it may consider desirable in order that substantial justice may be done in the matter, and may, for the purpose, enlarge any period of time prescribed by section 51 or section 53.

56A. On appeal against acquittal, accused may be arrested.

Where an appeal is presented against an acquittal, the Court of Appeal may issue a warrant directing that the accused be arrested and brought before it and may remand him to prison pending the disposal of the appeal or admit him to bail.

57. Appeal not to operate as stay of execution.

  1. Except in the cases mentioned in subsection (3) and section 56A, no appeal shall operate as a stay of execution, but the High Court or the Court of Appeal may stay execution on any judgment, order, conviction, or sentence pending appeal on such terms as to security for the payment of any money or the performance or non-performance of any act or the suffering of any punishment ordered by or in the judgment, order, conviction, or sentence as to the Court may seem reasonable.

  2. If the appellant is ultimately sentenced to imprisonment, the time during which the execution of the sentence was stayed shall be excluded in computing the term of his sentence unless the Court of Appeal otherwise orders.

  3. In the case of a conviction involving sentence of death or corporal punishment--

  1. the sentence shall not in any case be executed until after the expiration of the time within which notice of appeal may be given under section 51, or any extension of time which may be permitted under section 56; and

  1. if notice is so given the sentence shall not be executed until after the determination of the appeal.

58. Summary rejection of appeal.

Where the grounds of appeal do not raise any question of law and it appears to the President and two other Judges of the Court of Appeal that the evidence is sufficient to support the conviction and that there is no material in the circumstances of the case which could raise a reasonable doubt whether the conviction was right or lead the Court of Appeal to consider that the sentence ought to be reduced, the appeal may, without being set down for hearing, be summarily rejected by an order under the hand of the President, certifying that the said Judges, having perused the record, are satisfied that the appeal has been brought without any sufficient ground of complaint and notice of the rejection shall be served upon the appellant:

Provided that--

  1. if, in any case rejected under this section, the appellant gives, within seven days of service of notice of rejection upon him, notice to the Registrar of the Court of Appeal of application for leave to amend his grounds of appeal so as to raise a question of law, accompanied by a certificate signed by an advocate specifying the question to be raised and undertaking to argue it, the Court of Appeal may grant leave to amend accordingly and shall restore the appeal for hearing; and

  2. for the purposes of this section, the question whether a sentence ought to be reduced shall be deemed not to be a question of law.

  1. Notice and time of hearing.

Where the Court of Appeal does not reject an appeal summarily under section 58, or where the Public Prosecutor is the appellant, the Court of Appeal shall cause notice of the time and place for the hearing of the appeal to be given to the parties thereto.

  1. Powers of Court of Appeal.

  1. At the hearing of an appeal the Court of Appeal shall hear the appellant or his advocate, if he appears, and, if it thinks fit, the respondent or his advocate, if he appears, and may hear the appellant or his advocate in reply, and the Court of Appeal may thereupon confirm, reverse or vary the decision of the High Court, or may order a retrial or may remit the matter with the opinion of the Court of Appeal thereon to the trial court, or may make such other order in the matter as to it may seem just, and may by that order exercise any power which the trial court might have exercised:

  1. Provided that the Court of Appeal may, notwithstanding that it is of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no substantial miscarriage of justice has occurred.

  1. At the hearing of an appeal the Court of Appeal may, if it thinks that a different sentence should have been passed, quash the sentence passed confirmed or varied by the High Court and pass such other sentence warranted in law (whether more a less severe) in substitution therefor as it thinks ought to have been passed.

  2. The Court of Appeal shall in no case make any order under this section as to payment of costs of any appeal to or by the appellant or respondent.

[Am Act A909]
  1. Additional evidence.

  1. In dealing with any appeal in a criminal case the Court of Appeal may, if it thinks additional evidence to be necessary, either take such evidence itself or direct it to be taken by the trial court.

  2. When the additional evidence is taken by the trial court, it shall certify the evidence, with a statement of its opinion on the case considered with regard to the additional evidence, to the Court of Appeal, and the Court of Appeal shall thereupon proceed to dispose of the appeal.

  3. The parties to the appeal shall be present when additional evidence is taken.

  4. In dealing with any appeal in a criminal case the Court of Appeal may also, if it thinks fit, call for and receive from the trial court a report of any matter connected with the trial.

[Am Act A909] 


62.Judgment.

  1. On the termination of the hearing of an appeal the Court of Appeal shall, either at once or on some future day which shall either then be appointed for the purpose or of which notice shall subsequently be given to the parties deliver judgment in open court.

  2. In criminal appeals and matters the Court of Appeal shall ordinarily give only one judgment, which may be pronounced by the President or by such other member of the Court of Appeal as the President may direct:

  1. Provided that separate judgments shall be delivered if the President so determines.

  1. The judgment of any member of the Court of Appeal who is absent may be read by any other Judge.

63. Certification of Judgment.

  1. Whenever a criminal case is decided on appeal, the Court of Appeal shall certify its judgment or order to the courts concerned.

  2. The courts concerned shall thereupon make such orders as are conformable to the judgment or order of the Court of Appeal, and, if necessary, the record shall be amended in accordance therewith.

  3. Upon the withdrawal or discontinuance of any appeal the Registrar of the Court of Appeal shall notify the courts concerned accordingly and, if any stay of execution has been granted, the sentence or order of the trial court or as varied by the High Court in its appellate jurisdiction, as the case may be, shall forthwith be enforced, but nothing in this subsection shall be deemed to limit or restrict the powers of extending time conferred upon the Court of Appeal by section 56.

64. (Repealed by Act A328).

65 - 66. (Repealed by Act A909).

Appellate Jurisdiction-Civil Appeals

Appellate Jurisdiction-Civil Appeals

67. Jurisdiction to hear and determine civil appeals.

  1. The Court of Appeal shall have jurisdiction to hear and determine appeals from any judgment or order of any High Court in any civil cause or matter, whether made in the exercise of its original or of its appellate jurisdiction, subject nevertheless to this or any other written law regulating the terms and conditions upon which such appeals shall be brought.

  2. The Court of Appeal shall have all the powers conferred by section 24A on the High Court under the provisions relating to references under order of the High Court.

68. Non-appealable matters.

  1. No appeal shall be brought to the Court of Appeal in any of the following cases:

  1. when the amount or value of the subject-matter of the claim (exclusive of interest) is less than two hundred and fifty thousand ringgit, except with the leave of the Court of Appeal;

  2. where the judgment or order is made by consent of parties;

  3. where the judgment or order relates to costs only, which by law are left to the discretion of the Court, except with the leave of the Court of Appeal; and

  4. where, by any written law for the time being in force, the judgment or order of the High Court is expressly declared to be final.

  1. (Repealed by Act A886).

  2. No appeal shall lie from a decision of a Judge in Chambers in a summary way on an interpleader summons, where the facts are not in dispute, except by leave of the Court of Appeal, but an appeal shall be from a judgment given in court on the trial of an interpleader issue.

69. Hearing of appeals.

  1. Appeal to the Court of Appeal shall be by way of re-hearing, and in relation to such appeals the Court of Appeal shall have all the powers and duties, as to amendment or otherwise, of the High Court, together with full discretionary power to receive further evidence by oral examination in court by affidavit, or by deposition taken before an examiner or commissioner.

  2. The further evidence may be given without leave on interlocutory applications, or in any case as to matters which have occurred after the date of the decision from which the appeal is brought.

  3. Upon appeals from a judgment, after trial or hearing of any cause or matter upon the merits, the further evidence, save as to matters subsequent as aforesaid, shall be admitted on special grounds only, and not without leave of the Court of Appeal.

  4. The Court of Appeal may draw inferences of fact, and give any judgment, and make any order which ought to have been given or made, and make such further or other orders as the case requires.

  5. The powers aforesaid may be exercised notwithstanding that the notice of appeal relates only to part of the decision, and the powers may also be exercised in favour of all or any of the respondents or parties although the respondents or parties have not appealed from or complained of the decision.

70. Costs of appeal.

The Court of Appeal may make such order as to the whole or any part of the costs of appeal or in the court below as is just.

71. New trial.

  1. Except as hereinafter provided the Court of Appeal shall have power to order that a new trial be had of any cause or matter tried by the High Court in the exercise of its original or appellate jurisdiction.

  2. A new trial shall not be granted on the ground of improper admission or rejection of evidence unless in the opinion of the Court of Appeal some substantial wrong or miscarriage of justice has been thereby occasioned; and if it appears to the Court of Appeal that the wrong or miscarriage affects part only of the matters in controversy, or some or one only of the parties, the Court of Appeal may give final judgment as to part thereof or as to some or one only of the parties, and direct a new trial as to the other part only, or as to the other party or parties.

  3. A new trial may be ordered on any question without interfering with the finding or decision of the court below upon any other question.

72. Immaterial errors.

No judgment or order of the High Court, or of any Judge, shall be reversed or substantially varied on appeal, nor a new trial ordered by the Court of Appeal, on account of any error, defect, or irregularity, whether in the decision or otherwise, not affecting the merits or the jurisdiction of the Court.

73. Appeal not to operate as stay of execution.

An appeal shall not operate as a stay of execution or of proceedings under the decision appealed from unless the court below a the Court of Appeal so orders and no intermediate act or proceeding shall be invalidated except so far as the Court of Appeal may direct. 

 
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COURTS OF JUDICATURE ACT 1964 PART III

PART THREE 
COURT OF APPEAL

General

38. Composition of the Court of Appeal.

  1. Subject as hereinafter provided, every proceeding in the Court of Appeal shall be heard and disposed of by three Judges or such greater uneven number of Judges as the President may in any particular case determine.

  2. In the absence of the President the senior member of the Court shall preside.

39. Sittings of the Court.

  1. The Court shall sit on such dates and at such places as the President may from time to time appoint:

  1. Provided that the President may, when he deems it expedient, direct that any appeal be heard at any time and in any place in Malaysia.

  1. The President may cancel or postpone any sitting of the Court which has been appointed under subsection (1).

40. Vacations.

The President may make rules as to vacations of the Court of Appeal not exceeding one month in any calendar year.

41. Proceedings how decided.

Proceedings shall be decided in accordance with the opinion of the majority of the Judges composing the Court.

42. Continuation of proceedings notwithstanding absence of Judge.

  1. If, in the course of any proceeding, or, in the case of a reserved judgment, at any time before delivery of the judgment, any Judge of the Court hearing the proceeding is unable, through illness or any other cause, to attend the proceeding or otherwise exercise his function as a Judge of that Court, the hearing of the proceeding shall continue before, and judgment or reserved judgment as the case may be, shall be given by, the remaining Judges of the Court, not being less than two, and the Court shall, for the purposes of the proceeding, be deemed to be duty constituted notwithstanding the absence or inability to act of the Judge as aforesaid.

  2. In any such case as is mentioned in subsection (1) the proceeding shall be determined in accordance with the opinion of the majority of the remaining Judges of the Court, and, if there is no majority the proceeding shall be re-heard.

  1. (Repealed by Act A1031)

[Am. Act A1031]

43. Applications.

Wherever application may be made either to the High Court or to the Court of Appeal, it shall be made in the first instance to the High Court.

44. Incidental directions and interim orders.

  1. In any proceeding pending before the Court of Appeal any direction incidental thereto not involving the decision of the proceeding, any interim order to prevent prejudice to the claims of parties pending the hearing of the proceeding, any order for security for costs, and for the dismissal of a proceeding for default in furnishing security so ordered may at any time be made by a Judge of the Court of Appeal.

  2. Every application under subsection (1) shall be deemed to be a proceeding in the Court of Appeal.
     

    (3) Every order made under subsection (1) may, upon application by the aggrieved party made within ten days after the order is served, be affirmed, varied or discharged by the Court.


Original Jurisdiction

45. -- 49. (Deleted).

Appellate Jurisdiction-Criminal Appeals

50. Jurisdiction to hear and determine criminal appeals.

  1. Subject to any rules regulating the proceedings of the Court of Appeal in respect of criminal appeals, the Court of Appeal shall have jurisdiction to her and determine any appeal against any decision made by the High Court--

  1. in the exercise of its original jurisdiction; and

  2. in the exercise of its appellate or revisionary jurisdiction in respect of any criminal matter decided by the Sessions Court.

  1. An appeal shall be to the Court of Appeal, with the leave of the Court of Appeal, against any decision of the High Court in the exercise of its appellate or revisionary jurisdiction in respect of any criminal matter decided by a Magistrate €™s Court but such appeal shall be confined to only questions of law which have arisen in the course of the appeal or revision and the determination of which by the High Court has affected the event of the appeal or revision.

(2A) An application for leave under subsection (2) shall be made within fourteen days after the date of the decision of the High Court.

  1. Notice of any appeal by the Public Prosecutor shall be given by, or with the consent in writing of that officer only; and notwithstanding subsection (2) no leave of the Court of Appeal is required.

  1. Except as otherwise provided in this section, an appeal may lie on a question of fact or a question of law or of mixed fact and law.

[Am Act A909] 


51. Notice of appeal.

  1. Every appeal shall be by notice in writing which shall be filed with the Registrar of the Court from which the appeal lies at the place where se decision appealed against was given within fourteen days after the date of the decision:

  2. Every notice of appeal shall state shortly the substance of the judgment appealed against, shall contain an address at which any notices or documents connected with the appeal may be served upon the appellant or upon his advocate and, except where the notice of appeal is given orally under section 54, shall be signed by the appellant or his advocate.

  1. Provided that, in a case of an appeal under section 50(2), the computation of the aforesaid period of fourteen days shall commence from the date immediately after leave has been granted by the Court of Appeal.

    [Am Act A909]

52. Record of proceedings.

(1) When a notice of appeal has been filed the Judge by whom the decision was given shall, if be has not already written his judgment, record in writing the grounds of his decision, and the written judgment or grounds of decision shall form part of the record of the proceedings.

(2) As soon as possible after notice of appeal has been filed the Registrar shall cause to be served on the appellant or his advocate at his address for service specified under section 51(2) a notice that a copy of the record is available and can be had on applying for the same on payment of the prescribed fee:

Provided that in the case of an appeal by the Public Prosecutor a copy of such record shall be furnished to him without payment of any fee.

[Am Act A909] 

53. Petition of appeal.

  1. Within ten days after service of the notice referred to in section 52 (2) the appellant shall file with the Registrar of the Court from which the appeal lies a petition of appeal and five copies thereof addressed to the Court of Appeal.

  2. Every petition of appeal shall be signed by the appellant or his advocate and shall contain particulars of the matters of law or of fact in regard to which the High Court is alleged to have erred, and, except by leave of the Court of Appeal, the appellant shall not be permitted on the hearing of the appeal to rely on any ground of appeal other than those set forth in the petition.

  3. If a petition is not filed within the time prescribed by this section the appeal shall be deemed to have been withdrawn, but nothing in this subsection shall be deemed to limit or restrict the powers of extending time conferred upon the Court of Appeal by section 56.

[Am Act A909]

54. Procedure where appellant in prison.

  1. If the appellant is in prison he shall be deemed to have complied with the requirements of sections 51 and 53 if he gives to the officer in charge of the prison either orally or in writing notice of appeal and the particulars required to be included in the petition of appeal within the times prescribed by those sections.

  2. The prison officer aforesaid shall forthwith forward the notice and petition or the purport thereof to the Registrar of the Court from which the appeal lies at the place where the decision appealed against was given.

55. Transmission of papers to Court of Appeal.

  1. When an appellant has complied with sections 51 and 53 the Registrar of the Court from which the appeal lies shall forthwith transmit to the Court of Appeal four copies of the record of the proceedings in the case, together with four copies of the notice of appeal and of the petition of appeal.

  2. The Registrar of the Court from which the appeal lies shall also furnish the respondent or his advocate with a copy of the record of the proceedings in the case and a copy of the notice of appeal and of the petition of appeal.

56. Appeals out of time and formal defects.

The Court of Appeal may in its discretion, on the application of any person desirous of appealing who may be debarred from so doing by reason of his not having observed some formality or some requirement of this Act, permit an appeal upon such terms and with such directions as it may consider desirable in order that substantial justice may be done in the matter, and may, for the purpose, enlarge any period of time prescribed by section 51 or section 53.

56A. On appeal against acquittal, accused may be arrested.

Where an appeal is presented against an acquittal, the Court of Appeal may issue a warrant directing that the accused be arrested and brought before it and may remand him to prison pending the disposal of the appeal or admit him to bail.

57. Appeal not to operate as stay of execution.

  1. Except in the cases mentioned in subsection (3) and section 56A, no appeal shall operate as a stay of execution, but the High Court or the Court of Appeal may stay execution on any judgment, order, conviction, or sentence pending appeal on such terms as to security for the payment of any money or the performance or non-performance of any act or the suffering of any punishment ordered by or in the judgment, order, conviction, or sentence as to the Court may seem reasonable.

  2. If the appellant is ultimately sentenced to imprisonment, the time during which the execution of the sentence was stayed shall be excluded in computing the term of his sentence unless the Court of Appeal otherwise orders.

  3. In the case of a conviction involving sentence of death or corporal punishment--

  1. the sentence shall not in any case be executed until after the expiration of the time within which notice of appeal may be given under section 51, or any extension of time which may be permitted under section 56; and

  1. if notice is so given the sentence shall not be executed until after the determination of the appeal.

58. Summary rejection of appeal.

Where the grounds of appeal do not raise any question of law and it appears to the President and two other Judges of the Court of Appeal that the evidence is sufficient to support the conviction and that there is no material in the circumstances of the case which could raise a reasonable doubt whether the conviction was right or lead the Court of Appeal to consider that the sentence ought to be reduced, the appeal may, without being set down for hearing, be summarily rejected by an order under the hand of the President, certifying that the said Judges, having perused the record, are satisfied that the appeal has been brought without any sufficient ground of complaint and notice of the rejection shall be served upon the appellant:

Provided that--

  1. if, in any case rejected under this section, the appellant gives, within seven days of service of notice of rejection upon him, notice to the Registrar of the Court of Appeal of application for leave to amend his grounds of appeal so as to raise a question of law, accompanied by a certificate signed by an advocate specifying the question to be raised and undertaking to argue it, the Court of Appeal may grant leave to amend accordingly and shall restore the appeal for hearing; and

  2. for the purposes of this section, the question whether a sentence ought to be reduced shall be deemed not to be a question of law.

  1. Notice and time of hearing.

Where the Court of Appeal does not reject an appeal summarily under section 58, or where the Public Prosecutor is the appellant, the Court of Appeal shall cause notice of the time and place for the hearing of the appeal to be given to the parties thereto.

  1. Powers of Court of Appeal.

  1. At the hearing of an appeal the Court of Appeal shall hear the appellant or his advocate, if he appears, and, if it thinks fit, the respondent or his advocate, if he appears, and may hear the appellant or his advocate in reply, and the Court of Appeal may thereupon confirm, reverse or vary the decision of the High Court, or may order a retrial or may remit the matter with the opinion of the Court of Appeal thereon to the trial court, or may make such other order in the matter as to it may seem just, and may by that order exercise any power which the trial court might have exercised:

  1. Provided that the Court of Appeal may, notwithstanding that it is of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no substantial miscarriage of justice has occurred.

  1. At the hearing of an appeal the Court of Appeal may, if it thinks that a different sentence should have been passed, quash the sentence passed confirmed or varied by the High Court and pass such other sentence warranted in law (whether more a less severe) in substitution therefor as it thinks ought to have been passed.

  2. The Court of Appeal shall in no case make any order under this section as to payment of costs of any appeal to or by the appellant or respondent.

[Am Act A909]
  1. Additional evidence.

  1. In dealing with any appeal in a criminal case the Court of Appeal may, if it thinks additional evidence to be necessary, either take such evidence itself or direct it to be taken by the trial court.

  2. When the additional evidence is taken by the trial court, it shall certify the evidence, with a statement of its opinion on the case considered with regard to the additional evidence, to the Court of Appeal, and the Court of Appeal shall thereupon proceed to dispose of the appeal.

  3. The parties to the appeal shall be present when additional evidence is taken.

  4. In dealing with any appeal in a criminal case the Court of Appeal may also, if it thinks fit, call for and receive from the trial court a report of any matter connected with the trial.

[Am Act A909] 


62.Judgment.

  1. On the termination of the hearing of an appeal the Court of Appeal shall, either at once or on some future day which shall either then be appointed for the purpose or of which notice shall subsequently be given to the parties deliver judgment in open court.

  2. In criminal appeals and matters the Court of Appeal shall ordinarily give only one judgment, which may be pronounced by the President or by such other member of the Court of Appeal as the President may direct:

  1. Provided that separate judgments shall be delivered if the President so determines.

  1. The judgment of any member of the Court of Appeal who is absent may be read by any other Judge.

63. Certification of Judgment.

  1. Whenever a criminal case is decided on appeal, the Court of Appeal shall certify its judgment or order to the courts concerned.

  2. The courts concerned shall thereupon make such orders as are conformable to the judgment or order of the Court of Appeal, and, if necessary, the record shall be amended in accordance therewith.

  3. Upon the withdrawal or discontinuance of any appeal the Registrar of the Court of Appeal shall notify the courts concerned accordingly and, if any stay of execution has been granted, the sentence or order of the trial court or as varied by the High Court in its appellate jurisdiction, as the case may be, shall forthwith be enforced, but nothing in this subsection shall be deemed to limit or restrict the powers of extending time conferred upon the Court of Appeal by section 56.

64. (Repealed by Act A328).

65 - 66. (Repealed by Act A909).

Appellate Jurisdiction-Civil Appeals

Appellate Jurisdiction-Civil Appeals

67. Jurisdiction to hear and determine civil appeals.

  1. The Court of Appeal shall have jurisdiction to hear and determine appeals from any judgment or order of any High Court in any civil cause or matter, whether made in the exercise of its original or of its appellate jurisdiction, subject nevertheless to this or any other written law regulating the terms and conditions upon which such appeals shall be brought.

  2. The Court of Appeal shall have all the powers conferred by section 24A on the High Court under the provisions relating to references under order of the High Court.

68. Non-appealable matters.

  1. No appeal shall be brought to the Court of Appeal in any of the following cases:

  1. when the amount or value of the subject-matter of the claim (exclusive of interest) is less than two hundred and fifty thousand ringgit, except with the leave of the Court of Appeal;

  2. where the judgment or order is made by consent of parties;

  3. where the judgment or order relates to costs only, which by law are left to the discretion of the Court, except with the leave of the Court of Appeal; and

  4. where, by any written law for the time being in force, the judgment or order of the High Court is expressly declared to be final.

  1. (Repealed by Act A886).

  2. No appeal shall lie from a decision of a Judge in Chambers in a summary way on an interpleader summons, where the facts are not in dispute, except by leave of the Court of Appeal, but an appeal shall be from a judgment given in court on the trial of an interpleader issue.

69. Hearing of appeals.

  1. Appeal to the Court of Appeal shall be by way of re-hearing, and in relation to such appeals the Court of Appeal shall have all the powers and duties, as to amendment or otherwise, of the High Court, together with full discretionary power to receive further evidence by oral examination in court by affidavit, or by deposition taken before an examiner or commissioner.

  2. The further evidence may be given without leave on interlocutory applications, or in any case as to matters which have occurred after the date of the decision from which the appeal is brought.

  3. Upon appeals from a judgment, after trial or hearing of any cause or matter upon the merits, the further evidence, save as to matters subsequent as aforesaid, shall be admitted on special grounds only, and not without leave of the Court of Appeal.

  4. The Court of Appeal may draw inferences of fact, and give any judgment, and make any order which ought to have been given or made, and make such further or other orders as the case requires.

  5. The powers aforesaid may be exercised notwithstanding that the notice of appeal relates only to part of the decision, and the powers may also be exercised in favour of all or any of the respondents or parties although the respondents or parties have not appealed from or complained of the decision.

70. Costs of appeal.

The Court of Appeal may make such order as to the whole or any part of the costs of appeal or in the court below as is just.

71. New trial.

  1. Except as hereinafter provided the Court of Appeal shall have power to order that a new trial be had of any cause or matter tried by the High Court in the exercise of its original or appellate jurisdiction.

  2. A new trial shall not be granted on the ground of improper admission or rejection of evidence unless in the opinion of the Court of Appeal some substantial wrong or miscarriage of justice has been thereby occasioned; and if it appears to the Court of Appeal that the wrong or miscarriage affects part only of the matters in controversy, or some or one only of the parties, the Court of Appeal may give final judgment as to part thereof or as to some or one only of the parties, and direct a new trial as to the other part only, or as to the other party or parties.

  3. A new trial may be ordered on any question without interfering with the finding or decision of the court below upon any other question.

72. Immaterial errors.

No judgment or order of the High Court, or of any Judge, shall be reversed or substantially varied on appeal, nor a new trial ordered by the Court of Appeal, on account of any error, defect, or irregularity, whether in the decision or otherwise, not affecting the merits or the jurisdiction of the Court.

73. Appeal not to operate as stay of execution.

An appeal shall not operate as a stay of execution or of proceedings under the decision appealed from unless the court below a the Court of Appeal so orders and no intermediate act or proceeding shall be invalidated except so far as the Court of Appeal may direct. 

 
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