Welcome to Sabahlaw.com, a website to educate the public about the laws in Sabah, Malaysia.
 

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Sabahlaw is sponsored by Chris Kwan, Barrister and Solicitor (High Court of Australia) and Registered Patent Agent (Malaysia – Number : PA/2009/0201) See his video on patenting in Malaysia below (approx 4 mins).

Inventor for US Patents 7493279, 7487126, 7461010, 7395234, 7376612, 7376612. For all your patenting needs in Malaysia or USA, contact me :

For email contact : chris at sabahlaw dot com.

 

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This website complies with Advocates (Practise and Etiquette) Rules 1988, clauses 45-50, in particular clause 46. "An advocate shall not do or cause or allow to be done anything with the primary motive of personal advertisement, or anything calculated to sugget that it is so motivated." Please note that Sabah and Sarawak come under the Jurisdiction of the High Court of Sabah & Sarawak (formerly known as Borneo) and therefore Advocates are not permitted to promote or self-advertise unlike those of our counterparts under the High Court of Malaya which is governed by a different Act. Despite the Internet having a presence in almost everyday lives in Malaysia since 95 and in keeping with tradition, the AG in Sabah is still considering allowing Advocates to have websites in the near future but no date has been given. To avoid confusion, reference to Bar Council of Malaysia actually means those having the rights to practise in Malaya (West Malaysia). There is no regulatory body in Sabah and all practising certificates are issued by the High Court of Sabah & Sarawak. There is a body of Avocates in Sabah who are members under the Sabah Law Association but this is a voluntary organisation and not all Advocates are members. You must check with the High Court of Sabah & Sarawak to ascertain the status of an Advocate in Sabah & Sarawak. To be able to practise in Malaysia as a whole means the Advocate has to be admitted in High Court of Sabah & Sarawak in the state of Sabah, High Court of Sabah & Sarawak in the state of Sarawak and the High Court of Malaya. Incidentally one can only be admitted as an Advocte in Sabah & Sarawak but as Advocate & Solicitor in Malaya. However, an Advocate in the State of Sabah or Sarawak can practise as a Barrister or Solicitor but it is common for both practices to be under the same firm even though this contravenes the convention in England (The Advocates Ordinance requires the Advocate to follow the practices in England as defined under Intrepretation 2(1)" “to practise in Sabah*” means to perform in Sabah— (a) any of the functions which in England may be performed by a member of the Bar as such; or (b) any of the functions which in England may be performed by a Solicitor of the Supreme Court of Judicature as such;".

 

 

 

Sabah Law Firms DIRECTORY (AS AT JAN 2009) (*PDF Version*) (158K)

List of all Advocates in Sabah as at July 2007- (*PDF Version*) 700 KB file

A list of sabah laws


Hot Topics

Report-of-the-Commission-of-EnquiryNorth-Borneo-Sarawak-IGC-1962.pdf

Find Out how Malaysia was formed, the truth will surprise you (Big file 47 MB)

Malaysia Agreement or Malaysia Act, shows original Sabah/Sarawak and Singapore State Constitutions

Nicholas Fung Ngit Chung, 'The Constitutional Position of Sabah', ch.6 of Trindade, F.A. & Lee, H.P., The Constitution of Malaysia: Further Perspectives and Developments (Kuala Lumpur, Oxford University Press, 1986)

What you need to know when purchasing property with a loan in Sabah

Precedents for seeking admission to the Sabah Bar (*PDF Version*)



Popular laws

PLEASE NOTE: ENACTMENTS AND ORDS PROVIDED BELOW ARE  "AS IS" AND ARE FOR EDUCATION PURPOSES ONLY. YOU MAY WISH TO CONSULT THE HIGH COURT OF SABAH & SARAWAK FOR THE LATEST. ALTERNATIVELY YOU MAY WISH TO LOOK AT THE SABAH STATE ATTORNEY DEPARTMENT. WE ARE NOT CONNECTED TO EITHER OF THEM OTHER THAN BY PROFESSIONAL ASSOCIATION

ADVOCATES ORDINANCE, 1953 (* Find out how to be an Advocate in Sabah)
(Note EXCLUDES G.N.S 116 of 1953, G.N.S 15 of 1988, G.N.S 16 of 1988, G.N.S 17 of 1988, ie subsidiary legislation made thereunder which are individually listed below in PDF)

ADVOCATES' REMUNERATION RULES 1988

ADVOCATES (PRACTICE AND ETIQUETTE) RULES I988

ADVOCATES' ACCOUNT RULES 1988

ADVOCATES' ACCOUNT (Amendment) RULES 2010, ADVOCATES (INQUIRY COMMITTEE) (Amendment) RULES 2010 and ADVOCATES' REMUNERATION (Amendment) RULES 2010

ADMINISTRATION OF NATIVE AND SMALL ESTATE ORDINANCE Cap. 1 Vol. I (c.i.f. 25.01.1941) (Repealed by Act A127/72 but not yet in force)

APPLICATION OF LAWS ORDINANCE, 1951 (* Application of Common Law of England etc as at 1st December 1951 in Sabah - effectively one must look at say Fraud Statutes as at 1.12.1951 etc )

BIODIVERSITY ENACTMENT, 2000 (* Setting up biodiversity council admin etc)

CHIEF MINISTER (INCORPORATION) ORDINANCE, 1949

DRAINAGE AND IRRIGATION ORDINANCE, 1956

DELEGATION OF POWERS ENACTMENT, 1963

ENVIRONMENT PROTECTION ENACTMENT, 2002 (*PDF Version*)

ENVIRONMENTAL PROTECTION (PRESCRIBED ACTIVITIES) ORDER 2005, ENVIRONMENT PROTECTION (PRESCRIBED ACTIVITIES) (ENVIRONMENTAL IMPACT ASSESSMENT) ORDER 2005, ENVIRONMENT PROTECTION (REGISTRATION OF ENVIRONMENTAL CONSULTANTS) RULES 2005, ENVIRONMENT PROTECTION (ENVIRONMENTAL FEES) RULES 2005, ENVIRONMENT PROTECTION (COMPOUNDING OF OFFENCES) RULES 2005 (*PDF Version*) Malay/English

ENVIRONMENT PROTECTION (AMENDMENT) ENACTMENT 2004 (*PDF Version*)

FOREST ENACTMENT 1968

FOREST ENACTMENT 1968 (*PDF Version*)

HOUSING AND TOWN DEVELOPMENT AUTHORITY ENACTMENT 1981

HOUSING DEVELOPMENT (CONTROL AND LICENSING) ENACTMENT 1978

HOUSING DEVELOPMENT (CONTROL AND LICENSING) RULES 1978

HOUSING DEVELOPMENT (CONTROL AND LICENSING) RULES 2008 (GAZATTED - PDF VERSION)

HOUSING DEVELOPERS (PROJECT ACCOUNT) RULES 1995

INTESTATE SUCCESSION ORDINANCE 1960

LAND ORDINANCE 1930

LAND (SUBSIDIARY TITLE) ENACTMENT 1972

LABOUR ORDINANCE 1950

LAND ACQUISITION ORDINANCE 1950

LOCAL GOVERNMENT ORDINANCE 1961

LIMITATION ORDINANCE 1952

MERCHANT SHIPPING ORDINANCE 1960 (c.i.f. 01.04.1961) slow - 1 MB

MERCHANT SHIPPING ORDINANCE 1960 (*PDF Version* - 366 KB)

MINOR OFFENCES ORDINANCE 1953

MINING ORDINANCE 1960 (c.i.f. 01.01.1961)

NATIVE COURTS ENACTMENT 1992. (c.i.f. 19.04.1993)

PARKS ENACTMENT 1984

PROBATE AND ADMINISTRATION ORDINANCE 1947 (Huge File 17 MB)

PROBATE AND ADMINISTRATION RULES 1948

RENT CONTROL (BUSINESS PREMISES) ENACTMENT 1965 (pdf - 9 MB)

REGISTRATION OF BIRTH AND DEATH ORDINANCE 1951(declared as Federal law) (pdf - 9 MB)

RURAL ADMINISTRATION ORDINANCE 1951

SABAH WATER RESOURCES ENACTMENT 1998

SABAH CONSTITUTION * (MUST READ FOR ALL SABAHAN)

SABAH ECONOMIC DEVELOPMENT CORPORATION ENACTMENT 1981

STATE SALES TAX ENACTMENT 1998

SYARIAH COURT CIVIL PROCEDURE ENACTMENT 2004

SYARIAH COURTS ENACTMENT 2004

SYARIAH COURTS EVIDENCE ENACTMENT 2004

SYARIAH CRIMINAL OFFENCES ENACTMENT 1995

SABAH LAWS DECLARED FEDERAL

TOWN AND COUNTRY PLANNING ORDINANCE 1950

TRUSTEES (INCORPORATINON) ORDINANCE 1951

WATER SUPPLY ORDINANCE 1961

WILLS ORDINANCE 1953

WILDLIFE CONSERVATION ENACTMENT 1997 (*PDF Version*)

WILDLIFE CONSERVATION REGULATION 1998


Cases - For novice advocate and education only (Breach of Agreements) -
IAY ASSOCIATES V LEMBAGA PELABUHAN-PELABUHAN SABAH (CIVIL SUIT 22-271-2001) Decided 2006 MERCES BUILDERS (S) SDN BHD V WONG YIT MING (CIVIL SUIT K 22-46-2003) Decided 2006

Pleadings

Notes of Proceedings

Judgment

Pleadings

Agreed

Authorities

Notes of Proceedings

Judgment

 

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