Reception of English Commercial Maritime Statutes in Malaysia: A Pseudo ‘Internal’ Conflicts Perspective

Abstract

In negotiations leading to independence, the British government and local representatives explored ways of ensuring legal certainty and continuity, especially in matters of commercial and maritime law. In the Federation of Malaysia, an ordinance was enacted a year before independence to provide for the reception of English mercantile law (including shipping law) statutes until the gaps are filled by the local legislature. For the constituent states in the Federation which were protectorates previously, there was a cut-off date for the received statutes namely, 7 April 1956. For states which were former colonies, under direct rule, the reception of English statutes was on a continuing basis. In mercantile matters, jurisdiction is vested in two High Courts in a federation of 13 ‘negeris’ and three federal territories, but without a single, unified set of received mercantile laws. This article tests if an internal application of the doctrine of forum conveniens, amongst other solutions, might help ensure a degree of legal certainty and clarity.

Keywords: Reception of English statutes, former British colonies and protectorates, commercial maritime law, forum non conveniens, federal systems