The Courts of Judicature (Amendment) Bill 2020, the Subordinate Courts (Amendment) Bill 2020, and the Subordinate Courts Rules (Amendment) Bill 2020 (collectively the “Bills”) were passed by the Dewan Rakyat on 26 August 2020, and will now be tabled before the Dewan Negara.^[1] Upon being passed by the Dewan Negara and Royal Assent being obtained, the Bills will come into operation on a date to be appointed by the Minister by notification in the Gazette. 
 
The Courts of Judicature (Amendment) Bill 2020 will amend the Courts of Judicature Act 1964 (“CJA”) to allow proceedings in the Federal Court, Court of Appeal and the High Court to be conducted using remote communication technology.
 
Similarly, the Subordinate Courts (Amendment) Bill 2020 and the Subordinate Courts Rules (Amendment) Bill 2020 will amend the Subordinate Courts Act 1948 (“SCA”) and the Subordinate Courts Rules Act 1955 (“SCRA”) respectively to enable the Sessions Court and the Magistrates’ Court to conduct proceedings using remote communication technology.  
 
Courts of Judicature (Amendment) Bill 2020
 
The Courts of Judicature (Amendment) Bill 2020 will among others, amend Section 3 of the CJA to include a new definition of “remote communication technology”, and include new Sections 15A and 17B to the CJA.
 
A new definition of “remote communication technology” is added to Section 3 of the CJA to mean “a live video link, a live television link or any other electronic means of communication.”
 
The new Section 15A of the CJA will enable the Federal Court, the Court of Appeal, and the High Court to conduct civil or criminal proceedings to be conducted using remote communication technology. However, it is to be noted that this new section does not affect the provisions relating to evidence by a child witness by means of a live link under the Evidence of Child Witness Act 2007 and evidence by a protected witness under the Criminal Procedure Code and the Evidence Act 1950.
 
The Courts of Judicature (Amendment) Bill 2020 also amends Section 16 of the CJA to enable rules of court to be made for regulating and prescribing the procedures in relation to the hearing of any matter or proceedings through remote communication technology.
 
An amendment to subsection 17(2) of the CJA changes the constitution of the Rules Committee by replacing the Senior Judge of the Sessions Court of Kuala Lumpur with the Chief Registrar of the Federal Court.^[2]
 
The new Section 17B of the CJA further provides that the Chief Justice may issue practice directions, as may be necessary, for the purposes of carrying into effect the provisions of the CJA after consultation with the President of the Court of Appeal or the Chief Judge.
 
The Courts of Judicature (Amendment) Bill 2020 also amends subsection 69(1) of the CJA to allow for evidence taking via remote communication technology.
 
Subordinate Courts (Amendment) Bill 2020
 
The Subordinate Courts (Amendment) Bill 2020 will amend the SCA to introduce a new definition of “remote communication technology” in Section 2, and to include new Sections 101B and 107A. As in the case of the Courts of Judicature (Amendment) Bill 2020, “remote communication technology” is also defined in this Bill to mean “a live video link, a live television link or any other electronic means of communication.”
 
The new Section 101B of the SCA will enable the Sessions Court and the Magistrates’ Court to conduct civil or criminal proceedings using remote communication technology. Similarly to the amendments proposed in the Courts of Judicature (Amendment) Bill 2020, this new section does not affect the provisions relating to evidence by a child witness by means of a live link under the Evidence of Child Witness Act 2007 and evidence by a protected witness under the Criminal Procedure Code and the Evidence Act 1950.
 
The new Section 107A of the SCA provides that the Chief Justice may issue practice directions, as may be necessary, for the purposes of carrying into effect the provisions of the SCA after consultation with the President of the Court of Appeal or the Chief Judge.
 
Subordinate Courts Rules (Amendment) Bill 2020
 
The Subordinate Courts Rules (Amendment) Bill 2020 amends Section 2 of the SCRA to introduce a definition of “remote communication technology” which is identical to the proposed definition under the Courts of Judicature (Amendment) Bill 2020 and the Subordinate Courts (Amendment) Bill 2020.
 
Subsection 3(2) of the SCRA will be amended to reconstitute the membership of the Subordinate Courts Rules Committee by replacing the Senior Judge of the Sessions Court of Kuala Lumpur with the Chief Registrar of the Federal Court.^[3]
 
As in the case of the corresponding amendment under the Courts of Judicature (Amendment) Bill 2020, the Subordinate Courts Rules (Amendment) Bill 2020 amends Section 4 of the SCRA to provide that rules of court may be made for regulating and prescribing the procedures in relation to the hearing of any matter or proceedings through remote communication technology.
 
Comments
 
The Covid-19 pandemic outbreak introduced on-line hearings on a limited basis in Malaysia. Perhaps the pandemic has also helped to accelerate the adoption of remote technology on a wider scale and as a permanent feature in the administration of justice in Malaysia through the amendments to be effected under the Bills.
 
Alert prepared by Anita Natalia (Senior Associate) of Skrine.
 

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