Prior to discussing the jurisdiction of the High Court, it should be understood that Article 12(1) of the Federal Constitution (“FC”) establishes that there are two High Courts of co-ordinate jurisdiction and status, namely the High Court of Malaya and the High Court of Sabah and Sarawak.
Also, s3 CJA defines “judge” as a judge of the Federal Court, of the Court of Appeal or of the High Court, and includes the Chief Justice, the President and a Chief Judge.
Local Jurisdiction
As per s3 CJA, local jurisdiction means:
(a) in the case of the High Court in Malaya, the territory comprised in the States of Malaya (Johor, Kedah, Kelantan, Melaka, Negeri Sembilan, Pahang, Penang, Perla, Perlis, Selangor, Terengganu and the federal Territory of Kuala Lumpur).
(b) in the case of the High Court of Sabah and Sarawak, the territory comprised in the States of Sabah, Sarawak and the Federal Territory of Labuan.
This is supported by Hap Seng Plantations (River Estates) S/B v Excess Interpoint S/B whereby it was stated that both the High Court in Malaya and the High Court in Borneo have separate and distinct inactive territorial jurisdiction.
It should be noted that between all the High courts in Malaya, there is no separate jurisdiction but concurrent jurisdiction instead. This is supported by Lt Kdr Balakrishnan v Menteri Pertahanan Malaysia whereby it was held that the word “local jurisdiction” in para (a) s.3 CJA should not be interpreted as creating separate jurisdiction according to the Stateslisted in the said paragraph.
Moreover, in Sova Sdn Bhd v Kashmir Sayang Realty Sdn bhd, the HC located at Penang or at Alor Setar is but a branch of the High Court in Malaya and each branch of the High Court in Malaya located in any State has concurrent jurisdiction to entertain any civil proceeding regardless of whether the cause of action arose in another state.
Trial Jurisdiction
According to s22 CJA, the High Court may try all offences. This is supported by Tan Sri Eric Chia Eng Hock v PP whereby it was held that the High Court shall have jurisdiction to try all offences committed within its local jurisdiction.
However, in practice, the High Court will hear cases that the Sessions Court does not have jurisdiction in.
Sentencing Jurisdiction
As per s22(2) CJA, the high Court may pass any sentence allowed by law. Besides, according to s30(1) and (2) CJA, the High Court may consider a question as to the effect of a provision of the Constitution which is necessary for the determination of criminal proceedings once the record of proceedings is transmitted to the High Court by a subordinate court.
Appellate Criminal Jurisdiction
As per s26 CJA, the appellate criminal jurisdiction of the High Court shall consist of the hearing of appeals from subordinate courts according to any law for the time being in force within the territorial jurisdiction of the High Court.
Revisionary Jurisdiction
Under s31 CJA, High Courts have the powers of revision for criminal proceedings and matters in the subordinate courts.
