Chapter 12.1 - Contempt of Court - The Basics

Question 1

BASICS OF CONTEMPT OF COURT

Overview

Answer 1

1) jurisdiction to punish for contempt
2) liability in contempt & categories of contempt
3) standard of proof for contempt
4) definition & scope of contempt

Question 2

BASICS OF CONTEMPT OF COURT

Jurisdiction to punish for contempt - overview

Answer 2

1) Subordinate court
2) Summary jurisdiction
3) Courts of judicature

Question 3

JURISDICTION TO PUNISH FOR CONTEMPT

Subordinate court

Answer 3

S.99A:

• MC & SC has the power to take cognisance of any contempt of court;
• MC & SC has the power to award punishment for contempt.

Question 4

JURISDICTION TO PUNISH FOR CONTEMPT

Summary jurisdiction

Answer 4

Cheah Cheng Hoc v PP:

• whether the court should deal with contempt summarily would depend on the situation in each particular case;
• this power should be exercised only when the case is clear & BRD.

Question 5

JURISDICTION TO PUNISH FOR CONTEMPT

Courts of judicature

Answer 5

1) Art. 126:
- FC, CA or HC shall have the power to punish any contempt of itself.
2) S.13 CJA:
- FC, CA or HC shall have the power to punish any contempt of itself.
3) Application - Arthur Lee Meng Kwang v Faber Merlin Malaysia Bhd:

• court can adopt summary contempt procedure on its own;
• this is so for cases where it is urgent & imperative to act immediately.

Question 6

CATEGORIES OF CONTEMPT

Overview

Answer 6

1) Criminal nature

2) Procedural or civil nature

Question 7

CATEGORIES OF CONTEMPT

Criminal nature

Answer 7

1) Definition:
- contemptuous interference with the administration of justice.
2) Ingredients - Attorney General v Times Newspaper Ltd:

• unhindered access to the courts;
• court’s arbitrament that is free from bias against any party;
• no usurpation by any person of the function of the court.

*conduct which prejudice these three elements will amount to contempt.

Question 8

CATEGORIES OF CONTEMPT

Procedural or civil nature

Answer 8

1) Definition:
- example includes failure to comply with undertaking or failure to comply with order made against him.
2) Scope - MediaCorp News Pte Ltd & Ors v MediaBanc (JB) Sdn Bhd & Ors:
- contempt of court by disobeying court order involved proving that the proposed contempt parties had wilfully, deliberately, disobeying or disregarding the order of court.
3) Ingredients - Tiu Shi Kian & Anor v Red Rose Restaurant Sdn Bhd:

• clear order by the court;
• proper notice given to the A&S;
• clear proof of broken terms;
• no mens rea needs to be proved.

Question 9

STANDARD OF PROOF

the standard

Answer 9

Tiu Shi Kian v Red Restaurant Sdn Bhd:

• it must be satisfactorily proved beyond reasonable doubt.

Question 10

DEFINITION OF CONTEMPT

purpose-based definition

Answer 10

R v Gray - contempt is any act done or written calculated for the purpose:

• to bring the court or judge into lowering his authority;
• to obstruct or interfere with the due course of justice or lawful process of the court.
• if reasonable argument or justification is provided, it would not be treated as contempt of court.

Question 11

CATEGORIES OF CONTEMPT

whether limited

Answer 11

Chandra Sri Eam v Murray Hiebert:

• circumstances & categories of fact which may arise & constitute contempt are never closed;
• it may arise in any form, inexhaustive & unlimited.