IS IT MAHKAMAH TINGGI MALAYA OR MAHKAMAH TINGGI TANAH MELAYU ?

Is it Mahkamah Tinggi Malaya or Mahkamah Tinggi Tanah Melayu ? Perhaps someone would quickly clarify.

My attention is drawn to the legal notices placed by the Insolvency Department Negeri Sembilan as appeared in the Utusan Malaysia 22nd November 2008.

The intitulement in the notices uses the following words:-

DALAM MAHKAMAH TINGGI
TANAH MELAYU DI SEREMBAN
DALAM KEBANGKRAPAN No.....

Mahkamah Tinggi Tanah Melayu ? Since when ? Now, this is clearly a departure from the usual form which is:-

DALAM MAHKAMAH TINGGI MALAYA
DI (Name of Town/City)
DALAM NEGERI (Name of State)
DALAM KEBANGKRAPAN No......

A cursory examination of all legal notices advertised in the newspapers would reveal that they are usually in the form and manner as stated above. It is always Mahkamah Tinggi Malaya and never Mahkamah Tinggi Tanah Melayu.

Thus, the legal notice by the Negeri Sembilan Insolvency Department is a radical departure from the usual.

Under the Courts of Judicature Act 1964 " High Court" means the High Court in Malaya and the High Court in Sabah and Sarawak or either of them as the case may require. Clearly the act envisages the words "Malaya" and not "Tanah Melayu'.

'local jurisdiction" means:-
(a). in the case of the high Court in Malaya, the territory comprised in the states of Malaya, namely Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, selangor, Trengganu and the Federal territory of Kuala Lumpur; and
(b). ....

Further, in respect of bankruptcy proceedings, The Bankruptcy Act 1967 states the following:-

S.1 (2) The Act (Bankruptcy Act) shall apply throught Malaysia.
S.2 "The Court" means the courts having jurisdiction in bankruptcy under the Act.
S.3 A debtor commits an Act of bankruptcy in each of the following cases:-
(a). if in Malaysia....
(b). if in Malaysia....
(c). if in Malaysia....
(d). if in Malaysia....
(e). if in Malaysia....

Note that the bankruptcy act has to be committed in Malaysia and not in Tanah Melayu.

Meanwhile, under the Bankruptcy Rules 1969, Rule 9 states:-
"Every proceeding in the bankruptcy matter shall be dated and shall with necessary additions be intutuled as in Form 1."

Form 1 states :-
In the High Court in............... at................................
In Bankruptcy( name of debtor) (NRIC) No............... of (Year)

It would be interesting to know the reason of the Negeri Sembilan Insolvency Department as to why they have changed the usual format and begun using a different form.

In any event, I have written to the Bar Council highlighting the matter and seeking a clarification.

I sincerely hope, this will not turn into a political issue but be quickly resolved. In the interim stand corrected.