Malaysia should retain, amend or repeal inherited laws on a case-by-case basis
PETALING JAYA: Malaysia should review its colonial-era laws to ensure that they remain relevant to the needs and aspirations of the country, said Taylor’s University law lecturer Dr Wilson T.V. Tay.
He said many laws inherited from British rule remain integral to Malaysia’s legal framework, governing everything from business contracts and criminal prosecutions to elections and parliamentary privileges.
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However, he cautioned that abolishing them without carefully assessing their relevance could create legal uncertainty and undermine established principles.
“We have statutes like the Civil Law Act 1956, which underpin the reception and application of earlier English law in our legal system, and also set some elementary principles in the law of tort,” he said following a call by Prime Minister Datuk Seri Anwar Ibrahim for colonial-era laws to be abolished to give greater meaning to the independence of Malaysia.
He said the issue is more complex than simply distinguishing between laws enacted before and after Merdeka.
The Contracts Act 1950, Evidence Act 1950, Dangerous Drugs Act 1952 and Election Offences Act 1954 are among the colonial-era statutes that continue to govern key aspects of Malaysian life.
Even the Penal Code originated from legislation introduced under British rule although it has been amended since independence.
“The focus should be on whether the provisions of these laws are still relevant and needed. We should consider what type of future we want as a nation and whether the provisions of these laws help or hinder this goal.”
He advocated targeted reforms, with each statute assessed individually to determine whether its provisions should be retained, amended or repealed.
The Evidence Act 1950, which has been extensively updated to accommodate the internet, digital records and computer-related offences, demonstrates how older legislation could evolve to meet changing needs.
Tay said any review should involve judges, legal practitioners, academics and other stakeholders to assess the implications of proposed changes.
“A wholesale review of all pre-Merdeka laws is probably impractical at this point due to the large number of laws and areas involved, and also perhaps unnecessary as most of these are working well.
“Something so drastic as wholesale repeal would lead to considerable uncertainty, and likely negative implications for investor confidence and law enforcement.”
Tay also rejected the assumption that political independence requires Malaysia to abandon every law inherited from British rule.
He said such laws remain in force because the Federal Constitution permits their continued operation and successive lawmakers had not deemed it neces