Following the announcement on tighter restrictions of the current Movement Control Order (MCO 3.0) in Peninsular Malaysia and the Federal Territory of Labuan made by the Senior Minister (Security) and Defence Minister, YB Dato’ Sri Ismail Sabri Yaakob on 22 May 2021, the Office of the Chief Registrar of the Federal Court of Malaysia (“CR’s Office”) has issued an email and a media statement on 23 May 2021 entitled “Pengendalian Kes-Kes Mahkamah di Semenanjung dan Wilayah Persekutuan Labuan dalam Tempoh Perintah Kawalan Pergerakan 3.0 Diperketatkan Berkuat Kuasa 25 Mei 2021” pertaining to Court operations during this period.
JOHOR BAHRU HIGH COURT
On 24 May 2021, the Johore Bar Committee received letter of even date from the Civil High Court Johor Bahru informing of the following directives. These directives include and are in addition to those stated in BC Circular 179/2021 dated 23 May 2021 and are reproduced here for completeness and easy reference:-
(a) Court Counters
All counters are open for business per usual.
(b) Conduct of Criminal Cases in Open Court
For conduct of criminal cases in open court “Arahan Ketua Hakim Negara Mengenai Pengendalian Kes Jenayah di Mahkamah Semasa Tempoh Perintah Kawalan Pergerakan” dated 20 Jan 2021 applies.
However, in addition to Paragraph 5.3 of said Arahan, the Judges, Sessions Court Judges and Magistrates retain the discretion in the conduct of these matters in their respective courts taking into account the current COVID-19 pandemic situation with attention to the following factors:-
i. Except for fresh charges and applications for orders, all physical case managements are postponed;
ii. All cases scheduled for sentencing and orders are postponed;
iii. Parties are to check the status of their matters from time to time before appearing in Court;
iv. Late applications for postponement must be avoided;
v. Observation of and adherence to the requirements of Paragraph 5.2.3 of the Arahan.
(c) Conduct of Civil Cases
Civil matters will be by conducted via remote communication technology, as set out in “Arahan Ketua Hakim Negara Bilangan 1 Tahun 2021 | Pengendalian Prosiding Kes Sivil Melalui Teknologi Komunikasi Jarak Jauh Bagi Mahkamah di Seluruh Malaysia” dated 7 Jan 2021.
Arahan Ketua Hakim Negara Bilangan 5 Tahun 2021 Mengenai Pengendalian Prosiding Kes Sivil di Mahkamah Semasa Tempoh Perintah Kawalan Pergerakan (PKP) dated 17 Feb 2021, is inapplicable.
(d) Conduct of Criminal Appeals
The conduct of criminal appeals will be by remote communication technology in the Federal Court, Court of Appeal and High Court as set out in “Arahan Ketua Hakim Negara Bilangan 6 Tahun 2021 | Pengendalian Prosiding Pendengaran Rayuan Jenayah Melalui Teknologi Komunikasi Jarak Jauh Semasa Tempoh Pandemik” dated 26 Feb 2021.
(e) Court Staff
The presence of court staff at the court premises is restricted. The duty schedule of the civil courts’ staff is as follows:-
| Date | Units on Duty | |
| 25/05/2021 | : | Matrimonial and Civil |
| 27/05/2021 | : | LA & Probate and Bankruptcy |
| 30/05/2021 | : | Matrimonial and Civil |
| 31/05/2021 | : | Land Reference, Judicial Review, Originating Summons and Adoption. |
| 01/06/2021 | : | LA & Probate, Originating Summons and Admissions to the Bar. |
| 02/06/2021 | : | Civil Appeals and Bankruptcy |
| 03/06/2021 | : | Companies’ Winding Up and Bankruptcy |
| 06/06/2021 | : | Matrimonial and Civil |
The contact details of judicial officers is attached.
(f) Code 38 Proceedings
All hearings, case managements and manual auctions are rescheduled per letter dated 24 May 2021 from Tuan Mohd Farid Nazzrin bin Ahmad, Senior Assistant Registrar High Court Johor Bahru.
JOHOR BAHRU LOWER COURTS
Unless parties request for trial to proceed online, all civil trials are vacated. Parties are to liaise with the courts concerned for the rescheduled trial dates. e-Reviews, case managements and non-trial proceedings via remote communication technology will proceed as scheduled.
As for criminal matters, save for ageing cases, cases of public interest and of urgency, trials will be rescheduled. Parties are to liaise with the courts concerned for the rescheduled trial dates as well as the status of their matters.
BATU PAHAT LOWER COURTS
By letter dated 24 May 2021 issued by the Puan Nurasidah Binti A. Rahman Magistrate Batu Pahat Magistrate’s Court, JBC was notified as follows:-
i. all trials are vacated and rescheduled as provided in said letter;
ii. matters set for e-Review remain unchanged;
iii. email addresses of contact persons for cases to be conducted via remote communication technology are provided in the letter.
The Duty Schedule for the Magistrates and the lower court staff is provided in a separate letter also dated 24 May 2021 issued by Rosmaliana Binti Osman, Deputy Registrar Lower Courts Batu Pahat.
Members will be kept duly informed of developments. As always, stay safe and well.
Please do not hesitate to forward any queries, concerns or issues, the Johore Bar Secretariat at secretariat@johorebar.org.my
Thank you.
SHAHAREEN BEGUM BINTI ABDUL SUBHAN
CHAIRMAN