Chapter 6: Proof and Exclusion of Foreign Law
Determine if the following legislations of or actions by the foreign authorities would be e recognized by the Malaysian courts.
(a) Azmin is a Malaysian antique collector. Last year, he went to Cambodia and visited Angkor Wat. Azmin bought a 15th century Khmer stoneware from an illegal antique trader there, and by luck, he managed to bring the antique back to Malaysia. He plans to hold an auction to sell the antique. The Cambodian Ministry of Heritage and Cultures through the Attorney General files an action in KL High Court to apply for an injunction to restrain the auction. The main ground of the Ministry’s application is that the transfer of the Khmer heritage was illegal and therefore in breach of the Cambodian Protection of Heritage Enactment.
(b) A Malaysian trader, Haziq entered into a contract with Gogok, an Indonesian company. After a few years of cooperation, Gogok alleged that Haziq had defrauded the former to gain unfair advantage. Gogok made a police report in Surabaya but before that Haziq already went back to Seremban. The Chief Prosecutor of Indonesia files an action in Seremban High Court to seek for compensation from Haziq based on the Indonesian Civil Law Ordinance. At the same time, Gogok also sues Haziq for breach of contract.
(c) After working for about fifteen years in Singapore, Adam comes back to Malaysia for good and stays in Kangar, Perlis. Recently, he received a writ of summons by which he is sued by the Attorney General of Singapore for the tax assessments he has evaded for the past ten years while working in Singapore