Table of Contents

• Introduction
• Pretest
• Concept Mapping
• Reading Text & Presentation
  • 6.1.1 ASEAN law and its contexts
  • 6.1.2 Legal Aspects of the ASEAN Economic Community
  • 6.2.1 Free flow of skilled labor: seven professions and rules and regulations
  • 6.2.2 Keeping up to date with changes in law
• Language Focus
• Activities
• Post test
• Resources

 

Malaysia

1. General Informatio

1.1.  Geography
 Malaysia covers 329,847 square kilometers and is made up of two separate geographical regions. West Malaysia is on the peninsula between Thailand and Singapore, and East Malaysia is the northern third of the island of Borneo and borders Kalimantan, Indonesia and Brunei. Both regions share similar landscapes of coastal plains rising to hills and mountains. Malaysia has an equatorial climate with maritime influences, four seasons, three local climates – highland, lowland, and coastal – and two monsoons.  The average yearly rainfall is 2400 mm, and temperatures range from 22°C to 33°C.

Question: What kind of climate does Malaysia have?

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1.2.  Government
Malaysia is a federal constitutional elective monarchy made up of thirteen states and three federal territories. The head of state is the King who is elected to a five-year term by and among the nine hereditary rulers of the Malay states. Melaka and Penang on the peninsula and Sabah and Sarawak in East Malaysia only have governors and do not participate in electing the King. Malaysia has a bicameral Parliament made up of a non-elected upper house and an elected lower house. All state and territory governments are regulated by the federal constitution. Executive power is vested in the Cabinet led by the Prime Minister who is the head of government and head of cabinet.

Question: What kind of government does Malaysia have?

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1.3.  Population
Totaling 29 million people, Malaysia’s population is 50% Malay, 24% Chinese, 11% Indigenous, and 7% Indian. 60% of the population is Muslim; it’s the official religion, and 19% is Buddhist, 9% is Christian, and 6% is Hindu. Malaysia’s official language is Bahasa Malaysia, and English remains an active second language. Tamil, Thai, and Punjabi are also commonly spoken, and Chinese Malaysians speak multiple dialects including Cantonese, Mandarin, and Hakka. Malaysia is a multi-ethnic, multicultural, and multilingual society and has an 85% literacy rate.

Question: What is the official language of Malaysia?

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1.4.  Economy
An emerging multi-sector economy, Malaysia plans to achieve high-income status by 2020 and move higher up the value added production chain. It also plans to reduce the country’s dependence on exports, mainly electronics, oil & gas, palm oil, and rubber, which are a major driver of the economy. Its natural resources include tin, petroleum, timber, copper, iron ore, natural gas, and bauxite. The service sector is 47% of the GDP and 51% of its total employment, and industry is 36% of its total employment and 40% of the GDP with agriculture at 12% of the GDP and 13% total employment.

Question: What are Malaysia’s natural resources?

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1.5.  Legal system
Malaysia has a mixed legal system that incorporates English common law, Islamic law, and customary law. The court system follows the principle of precedent, and decisions by the higher courts are binding on the lower courts. In Malaysia, the Federal Court is the highest court and final appellate court. It hears appeals on decisions from the Court of Appeal and the High Courts and on civil and criminal cases from the Court of Appeal. The Federal Court has original jurisdiction over any disputes between the Federation and any States and over the validity of any laws passed by the Parliament or Legislature of State. The Court of Appeal is next in the hierarchy and hears all civil appeals from the High Courts for cases where the claim is more than RM 250,000. Malaysia has two High Courts, the High Court of Malaya for Peninsular Malaysia and the High Court of Sabah and Sarawak in Borneo, which have coordinate jurisdiction and status. They supervise and have jurisdiction over the Subordinate Courts and also hear appeals on civil and criminal cases from the lower courts. Their civil jurisdiction includes marriage and divorce, bankruptcy and matters relating to the dissolution of companies, wills and probate, injunctions, and contract performance and rescission. The Subordinate Courts are made up of the Sessions Courts, the Magistrate Courts, and the Courts for Children. Sessions Courts are located in most major towns and hear all civil matters for claims of RM 25,000 to less than RM 250,000. The Magistrate Courts hear all civil matters for claims of less than RM 25,000 and also include a less formal small claims procedure for claims that don’t exceed RM 5,000. There are 151 Magistrates throughout Malaysia. For any offences committed by the hereditary rulers of the Malay states, there is also a Special Court. Islamic law runs parallel to the secular courts in the Syariah Courts, but only applies to Muslims. There is an Appeal Court, a High Court and Subordinate Court in the Syariah Court system that deal with religious and family matters including custody, divorce, and inheritance. Syariah Court decisions cannot be appealed to civil courts.

Question: Which is the highest court in Malaysia?

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1.6.  Environment for foreigners
Most foreigners enjoy living in Malaysia, and as the country continues to expand its economy, expatriate employment opportunities keep increasing. Foreigners living in Malaysia enjoy an active lifestyle with first-world comforts, conveniences, food and entertainment along with high quality healthcare, international schools, and housing. All foreigners wishing to live or work in Malaysia must comply with the country’s immigration and work-permit regulations. Many different languages are spoken, but English is also widely spoken and understood.

1.6.1. Visas – Malaysia has a very flexible visa policy, and 80% of the world’s nationalities do not need a tourist visa for up to a 90-day stay. All others must obtain visas from a Malaysian embassy or consulate. To work in Malaysia, a foreigner must apply for a Multiple Entry Visa.

Question: What kind of visa must a foreigner apply for if he/she wishes to work in Malaysia?

1.6.2.  Work Permits – Foreigners are prohibited from working in Malaysia unless they have the relevant work permit. There are three work permit types: employment pass, temporary employment visit pass, and professional visit pass.

Question: How many types of work permit are there? What are they?

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