THEIR LAW IN OUR HANDS – THE APPLICATION OF ENGLISH LAW ACT 1993 (SINGAPORE): ARE THERE LESSONS FOR THE CIVIL LAW ACT OF 1956 (MALAYSIA)?

Abstract

This lecture examines the reception of English law in Singapore and Malaysia, tracing its historical roots to the Royal Charters of 1807 and 1826, which introduced English common law and pre-1826 statutes of general application into the Straits Settlements. It focuses particularly on the interpretational difficulties generated by section 5 of the Civil Law Ordinance 1878, a provision intended to extend English mercantile statutes to Singapore but which instead produced decades of inconsistent judicial characterisation, culminating in the divergent Privy Council decisions in Seng Djit Hin v Nagurdas Purshotumdas & Co and Bajerai v Sockalingam. Against this backdrop, the lecture explains the genesis and objectives of the Application of English Law Act 1993 (AELA), which repealed section 5, reset the cut-off date for reception of English common law, and enumerated specific retained statutes, thereby resolving longstanding uncertainty and supporting Singapore’s development of an autochthonous legal system. The second part of the lecture turns to Malaysia’s Civil Law Act 1956, comparing its section 3 (reception of common law and equity) and section 5 (reception of English mercantile law) with their Singaporean counterparts. Drawing on Malaysian case law and Privy Council authority, including Jamil bin Harun v Yang Kamsiah and Chung Khiaw Bank Ltd v Hotel Rasa Sayang Sdn Bhd, the lecture considers whether Malaysian courts remain bound by pre-cut-off English law or retain freedom to develop an independent common law, and whether Malaysia’s section 5 might similarly warrant reform or repeal. The lecture concludes with reflections on English law’s continuing commercial significance as a preferred governing law in global trade and investment.