1970
Nations Unies — Recueil des Traités
67
- (b) there shall be in and for the purposes of those courts the like offices as there were immediately before Malaysia Day in the case of the said Supreme Courts, and the holders of those offices shall discharge the functions belonging thereto with such modifications as are required to give effect to sub-sections (1) and (2).
- (4) Sub-sections (1) to (3) shall not affect the powers conferred by section 74, but subject to any order under that section and to the following provisions of this section all present laws affecting the jurisdiction, practice or procedure of the said Supreme Courts shall apply to the Federal Court and the High Courts with such modifications as may be necessary to give effect to sub-sections (1) to (3).
- (5) Sub-sections (1) to (4) shall not have effect so as to prevent the amendment or revocation of any rules of court in force immediately before Malaysia Day, or the making of new rules of court, under the powers conferred by any present law as applied by sub-section (4) ; but, until other provision is made by federal law, the powers so conferred as regards the practice and procedure of the Federal Court and the practice and procedure of other courts in matters incidental to the exercise of any jurisdiction of the Federal Court, shall be exercised by the Lord President after consultation with the Chief Justices of the High Courts.
- (6) Until other provision is made by or under federal law, the present law relating to appeals to the Yang di-Pertuan Agong from the Court of Appeal of the Federation, and the practice and procedure followed in connection therewith immediately before Malaysia Day, shall, subject to any order under section 74 and to any new rules of court, apply with any necessary modifications for the purpose of appeals to the Yang di-Pertuan Agong from the Federal Court.
- (7) For the purposes of this section the right of audience in a court shall be deemed to be a matter of the practice of the court ; but in the Federal Court any advocate of a High Court shall have that right, if and so long as it depends on this section.
- (8) For the purposes of this section the Court of Criminal Appeal in Singapore shall be treated as having been a division of the Court of Appeal.
- (9) This section has effect subject to Article 66 of the Constitution.
Continuity of subordinate courts and of jurisdiction.
- 88. (1) Subject to any order under section 74 any subordinate court exercising jurisdiction and functions immediately before Malaysia Day in the territories comprised in a Borneo State or in the State of Singapore shall, until federal law otherwise provides, continue to exercise them.
- (2) The validity on or after Malaysia Day of anything done before that day in or in connection with or with a view to any proceedings in a court in those territories shall not be affected by the court becoming on that day a court of the Federation, but anything so done shall be of the like effect as a thing done by or in relation to the court in the exercise of its jurisdiction as a court of the Federation.
- (2) The validity on or after Malaysia Day of anything done before that day in or in connection with or with a view to any proceedings in a court in those territories shall not be affected by the court becoming on that day a court of the Federation, but anything so done shall be of the like effect as a thing done by or in relation to the court in the exercise of its jurisdiction as a court of the Federation.
N* 10760
