Contempt of Court in Malaysia: Practice and Procedure

The rules embodied in the law of contempt are intended to uphold and ensure the effective administration of justice. They serve to protect the integrity of the administration of justice, making sure that persons who seek justice and persons who participate in the administration of justice are adequately safeguarded.

There being no specific legislation enacted to date on contempt of court in Malaysia, the law governing this subject is primarily common law. This book serves as an important and uptodate source of reference on committal proceedings for practitioners, academics and judicial officers alike. Covering both civil and criminal contempt, it contains the fruit of extensive research into local and UK case law as well as decisions from other Commonwealth jurisdictions like Singapore and Hong Kong. A useful discussion of the freedom of expression and its impact on contempt of court is included, as is a survey of the reform and development of the law of contempt in several Commonwealth countries.

Committal proceedings being very procedural in nature, an extensive chapter provides a detailed discussion of the law, procedure and relevant considerations in committals. Sentencing principles, mitigation and the types of sentences that may be imposed for contempt are given due analysis, while appeals against the decisions of the courts are also discussed. A helpful collection of forms and precedents applicable to the conduct of committal proceedings complements the valuable legal analysis contained in this book.

Key Features

• A comprehensive guide that provides a clear analysis of the substantive and procedural law of contempt
• An extensive survey of local and foreign case law, including decisions from the UK, Singapore and Hong Kong
• Cases are updated as of February 2022
• A valuable collection of forms and precedents which serves as templates in committal proceedings
• Two key Practice Directions of the Court of Appeal and the Federal Court

Table of Contents

1. Introduction
2. Civil and Criminal Contempt
3. Freedom of Expression and Contempt
4. Procedure for Committal
5. Sentencing for Contempt of Court
6. Appeal
7. Forms and Precedents
8. Appendices