High court (Malaysia)

High Court of Malaya/
High Court of Sabah and Sarawak
Mahkamah Tinggi Malaya/
Mahkamah Tinggi Sabah dan Sarawak
Established 1957
Composition method Royal appointment with the advice of the Prime Minister
Authorized by Federal Constitution
Appeals to Court of Appeals of Malaysia
Judge term length Compulsory retirement at age 66
Number of positions Peninsular Malaysia: 60 (including 16 vacancies)
Sabah and Sarawak: 13 (including 5 vacancies)
Website www.kehakiman.gov.my
Chief Judge of the High Court of Malaya
Currently Mohamad Zabidin Mohd Diah
Since 17 January 2023
Chief Judge of the High Court of Sabah and Sarawak
Currently Abdul Rahman Sebli
Since 17 January 2023

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). Before 1969, the High Court in Singapore was also part of the Malaysian courts system (see Law of Singapore).

The High Court in Malaya has its principal registry in Kuala Lumpur, with other registries to be found in all states in Peninsular Malaysia, while the High Court in Sabah and Sarawak has its principal registry in Kuching, with other registries elsewhere in Sabah and Sarawak. There are in total 22 high court registries across all 13 states in Malaysia. The two High Courts also travel on circuit to other smaller towns.

The two high courts, the Court of Appeal and the Federal Court are classified as superior courts, while the magistrates' courts and the sessions courts are classified as the subordinate courts. The high courts function both as a court of original jurisdiction as well as an appellate court, and are each headed by a chief judge (before 1994, chief justice). The chief judges of Malaya and Sabah and Sarawak are the third and fourth highest positions in Malaysian judiciary after the Chief Justice of the Federal Court (before 1994, the Lord President of the Federal Court) and the President of the Court of Appeal.

High court registries in Malaysia

All high court registries and the subordinate courts found in Peninsular Malaysia including the courts in the Federal Territories of Kuala Lumpur and Putrajaya are under the jurisdiction of the High Court in Malaya. Similarly, all courts found in East Malaysia are under the jurisdiction of the High Court in Sabah and Sarawak including the courts in the Federal Territory of Labuan.

List of chief justices and chief judges

Johor Bahru High Court

Malaya

Chief Justice of the Supreme Court of Malayan Union (1946-1948)

1947–1948: Harold Curwen Willan

Chief Justice of the Federation of Malaya (1957–1963)

Lord Presidents of the Federal Court of Malaysia (1963–1994)

Main article: Lord President of the Supreme Court

Chief Justice of Malaya (prior to 1994, when the position was downgraded to Chief Judge of Malaya)

  • 1963-1966: Syed Sheh Barakbah
  • 1966-1968: Mohamed Azmi Mohamed
  • 1968-1973: Ong Hock Thye
  • 1973-1974: Mohamed Suffian Mohamed Hashim
  • 1974-1979: Pajan Sarwan Singh Gill
  • 1979-1982: Raja Azlan Shah (later 34th Sultan of Perak and 9th Yang di-Pertuan Agong of Malaysia)
  • 1982-1984: Salleh Abas
  • 1984-1989: Abdul Hamid Omar
  • 1989-1992: Hashim Yeop Sani
  • 1992-1994: Gunn Chit Tuan

Some modern texts will refer to them as Chief Judges.

Chief Judge of Malaya (since 1994)

Borneo (North Borneo (Sabah) and Sarawak)

Main article: Chief Judge of Sabah and Sarawak
North Borneo Sarawak
Office Justice Tenure Office Justice Tenure
Chief Justice of North Borneo
(until 1951)		 Charles Frederick Cunningham Macaskie 1934 to 1941 Chief Justice of Sarawak
(1930-1951)		 Thomas Jamieson Laycock Stirling Boyd 1930 to 1939
H. Thackwell-Lewis 1939 to 1945
Japanese occupation 1942 to 1945 Japanese occupation 1942 to 1945
Sir Ivor Llewellyn Brace 1945 to 1951 Robert Yorke Hedges 1946 to 1951
Sarawak, North Borneo and Brunei
Office Title Justice Tenure
Chief Justice of the Combined Judiciary of Sarawak, North Borneo and Brunei
(1951–1963)		 Sir Ivor Llewellyn Brace 1 December 1951 – 24 October 1952
Sir Ernest Hillas Williams c. 1957
Sir John Ainley 5 December 1959 – 1 January 1963
Sir William Campbell Wylie 2 January 1963 – 15 September 1963
Sabah and Sarawak
Office Title Justice Tenure
Chief Justice of Borneo
(1963–1994)		 Sir William Campbell Wylie 16 September 1963 – 27 August 1965
Sir Tan Sri Philip Ernest Housden Pike 11 September 1965 – 27 August 1968
Tan Sri Dato' Ismail Khan Ibrahim Khan 2 September 1968 – 31 December 1973
Tan Sri Datuk Amar Lee Hun Hoe 1 January 1974 – 31 December 1990
Tan Sri Datuk Amar Mohamad Jemuri Serjan 11 March 1991 – 23 June 1994
Office Title Justice Tenure
Chief Judge of Sabah and Sarawak
(since 1994)		 Tan Sri Datuk Amar Mohamad Jemuri Serjan 24 June 1994 – 9 September 1994
Tan Sri Datuk Amar Chong Siew Fai 16 June 1995 – 3 July 2000
Tan Sri Datuk Amar Steve Shim Lip Kiong 2 July 2000 – 25 July 2006
Tan Sri Datuk Seri Panglima Richard Malanjum 26 July 2006 – 11 July 2018
Tan Sri Datuk Seri Panglima David Wong Dak Wah 11 July 2018 – 19 February 2020
Tan Sri Datuk Amar Abang Iskandar Abang Hashim 25 February 2020 – 17 January 2023
Dato' Abdul Rahman Sebli 17 January 2023 – incumbent

Singapore

Main article: Chief Justice of Singapore
Office Title Justice Tenure
Chief Justice of Singapore
(1963–1969 (as part of Malaysia, 1963–1965))		 Tan Sri Wee Chong Jin 1963 to 1969

See also