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51 JMCL 1 (2024)

handle is hein.journals/jmcl51 and id is 1 raw text is: 


51 (1) JMCL THEIR LAW IN OUR HANDS-APPLICATION OF ENGLISH LAW ACT 1993


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



                              CHAN SEK  KEONG**



                           I   INTRODUCTION


It is a great honour and privilege to be asked to deliver the 13th Tun Suffian Lecture.
The  late Tun Suffian was as a person of unshakeable principles (as described by
Tun  Mohamed  Dzaiddin), and as having guided the Malaysian judiciary along a path
of rigorous judicial integrity and independence (as lauded by Prof HP Lee),' and as
Malaysia's most distinguished judge; his international standing made him one of the
few in his country to speakfreely without repression.2
     I did not know   Tun  Suffian personally. However, I attended his Braddell
Memorial  Lecture in 1982 where he proposed his veil of anonymity as a test of the
integrity and neutrality of a judgment on constitutional rights. He said:

     In a multi-racial and multi-religious society like yours and mine, while we judges
     cannot help being Malay or Chinese or Indian; or being Muslim or Buddhist or
     Hindu or whatever, we strive not to be too identified with any particular race or
     religion - so that nobody reading our judgement with our name deleted could with
     confidence identify our race or religion, and so that the various communities,
     especially minority communities, are assured that we will not allow their rights to be
     trampled underfoot.3

Received: December 16, 2024, Revised: June 5, 2025, Accepted: June 11, 2025.
Published online: June 12, 2025

DOI:

*    The 13th Tun Suffian Memorial Lecture 2024 delivered at the Faculty of Law, Universiti
     Malaya, Kuala Lumpur, 50603, Malaysia on 10 October 2024.

 **  Former  Chief  Justice of   Singapore. The  author  can  be   contacted at
     <chansekkeong21@gmail.com>.

 1   HP  Lee 'The Judicial Power and Constitutional Government - Convergence and
     Divergence in the Australian and the Malaysian Experience' Commonwealth Legal
     Information Institute <http://www.www.connioniiorg>.
2    Obituary in the Telegraph (UK), 28 September 2000.
3    Cited by Zulkefli PCA in Indira Gandhi a/p Mutho v Pengarah Jabatan Agama Islam
     Perak & Ors and other appeals [2018] 1 MLJ 545, 556 [5].


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