Being a former English colony, many Malaysians are able to converse in English. More than 60 years since independence, we have become accustomed to the use of Malay (or the national language) in almost all official government business, including letters or announcements from government bodies. However, many Malaysians would be surprised to learn that Malay is not necessarily the official language (authoritative text) for all of our laws.
Depending on when the law was passed and whether the law has been translated, the official language of a law may either be English or Malay. Despite Malay being the National Language[1], there are still many laws that have not been translated into Malay, leaving the English text as the official language. These include the Penal Code, Criminal Procedure Code, National Land Code, Evidence Act 1950, Contracts Act 1950 and Aboriginal Peoples Act 1954.
Under the National Language Acts 1963/1967, the official language for all laws passed before 1 September 1967 would be the language the law was made in (which would usually have been English).[2] The reason for this is that the Federal Constitution provides that for 10 years after Merdeka day, the official language for all laws passed is still English.[3]
The Yang di-Pertuan Agong, acting on the advice of the Prime Minister, may order that the Malay translation of these laws be made the official language. Examples of this include the Nurses Act 1950[4], Elections Act 1958[5] and Statutory Declarations Act 1960[6], for which the official language is now Malay.
For all laws passed after 1 September 1967, the official language is Malay.[7] However, the Yang di-Pertuan Agong, retains the power to order that English be the official language for laws passed even after 1 September 1967.[8] Examples include the Arbitration Act 2005[9], Trademarks Act 2019[10], and Competition Act 2010[11], for which the official language is English.
It is important to note that English being the official language of our laws, is not a thing of the past. In fact, as recent as 2022, the Yang di-Pertuan Agong ordered the official language for the Patents Act 1983, Copyright Act 1987 and Limited Liability Partnerships Act 2012 to be English, despite the laws having previously been made in Malay.
While our colonial history may have laid down the historical context for Malaysian laws being in the English language, that is no longer the case in this present day. Many parts of the law continue to be in English, despite English may not be the first language for many Malaysians.
[1] Article 152(1), Federal Constitution
[2] Section 7, National Language Acts 1963/1967
[3] Article 152(3), Federal Constitution
[4] PU(B) 197/1994
[5] PU(B) 197/1994
[6] PU(B) 197/1994
[7] Section 6, National Language Acts 1963/1967
[8] Section 6, National Language Acts 1963/1967
[9] PU(B) 675/2021
[10] PU(B) 654/2019
[11] PU(B) 675/2021
About the Author
Sahain is a Legal Associate of XK Law. He graduated with Honours from the National University of Malaysia. Sahain believes that the legal fraternity plays an integral part in the operation of the rule of law in Malaysia and is keen to utilise his legal education towards the betterment of society and the country.
