Court of Judicature (Amendment) Bill 2020, Subordinate Courts (Amendment) Bill 2020, Subordinate Courts Rules (Amendment) Bill 2020 passed by the Senate on 23 September 2020

20 October 2020

On 28 August 2020, the Lower House of Parliament (Dewan Rakyat) passed the Court of Judicature (Amendment) Bill 2020, the Subordinate Courts (Amendment) Bill 2020 and the Subordinate Courts Rules (Amendment) Bill 2020.

This article briefly summarises the amendments set out in the Bills.

Court of Judicature (Amendment) Bill 2020

The Court of Judicature (Amendment) Bill 2020 seeks to amend the Court of Judicature Act 1964 to introduce the following key changes:

  • new definition of “remote communication technology” which means a live video link, a live television link, or any other electronic means of communication;
  • new section 15A to enable the Federal Court, the Court of Appeal, and the High Court to conduct proceedings through a live video or television link or any other electronic means of communication;
  • amendment of section 16 to provide that the Rules of Court may be made for regulating and prescribing the procedure with respect to the hearing of any matter or proceeding through a remote communication technology; and
  • amendment of section 69(1) to provide for the receiving of further evidence through a remote communication technology.

Subordinate Courts (Amendment) Bill 2020

The Subordinate Courts (Amendment) Bill 2020 seeks to amend the Subordinate Courts Act 1948 to introduce the following key changes:

  • new definition of “remote communication technology”; and
  • new section 101B to enable the Sessions Court and the Magistrates’ Court to conduct proceedings through a live video or television link or any other electronic means of communication.

Subordinate Courts Rules (Amendment) Bill 2020

The Subordinate Courts Rules (Amendment) Bill 2020 seeks to amend the Subordinate Courts Rules Act 1955 to introduce the following key changes:

  • new definition of “remote communication technology”; and
  • amendment of subsection 3(2) in relation to the membership of the Subordinate Courts Rules Committee. Under the proposed amendment, the membership of the Senior Judge of the Sessions Court of Kuala Lumpur will be substituted by the membership if the Chief Registrar of the Federal Court.

Reference materials

The following materials can found on the Malaysian Parliament website www.parlimen.gov.my. Copies are attached.