DISCLAIMER: this note is merely for revision purposes. any defects of facts will be not amount to any liabilities one of the statutory provision based on Malaysian Legal System

1. Statutory Interpretation:
Purposive Approach
NMA/LWB01B/2010-1011

2. Definition:
The approach that requires judges to
seek, and promote, the purpose
underlying the legislation.
NMA/LWB01B/2010-1011

3. Background:
• Too general or too complex
• Indeterminate wordings
• Imprecision wordings
NMA/LWB01B/2010-1011

4. Authority:
Section 17A of Interpretation Act 1948 & 1967:
In the interpretation of a provision of an Act, a
construction that would promote the purpose
or object underlying the Act (whether that
purpose or object is expressly stated in the Act
or not) shall be preferred to a construction
that would not promote that purpose or
object.
NMA/LWB01B/2010-1011

5. Case 1:
United Hokkien Cemetries, Penang
v
Majlis Perbandaran, P Pinang
[1979] 2 MLJ 121
NMA/LWB01B/2010-1011

6. Issue:
Whether a columbarium, a place
where urns of cremated ashes of the
deceased is kept, could be such
building?
NMA/LWB01B/2010-1011

7. Held:
Per Chang Min Tat FJ:
I see no reason therefore why the same
interpretation should not be extended to a
columbarium and the repose of the ashes of
the departed kept in their honour and in
memory of them should not be regarded as a
religious worship.
NMA/LWB01B/2010-1011

8. Case 2:
DYTM Tengku Idris Shah ibni Sultan Salahuddin
Abdul Aziz Shah
v
Dikim Holdings Sdn Bhd & Anor
[2002] 2 MLJ 11
NMA/LWB01B/2010-1011

9. Fact:
Writ of summons
&
statement of claim
Defence
&
counterclaim
NMA/LWB01B/2010-1011

10. Issue:
Whether the plaintiff was Ruler for
purpose of Article 181, 182 and 183
of Federal Constitution?
NMA/LWB01B/2010-1011

11. Held:
Per Haidar FCJ:
it is clear that only the Rulers and not the
persons exercising the functions of the Rulers
have the exclusive recourse to the special
court.
NMA/LWB01B/2010-1011