Olofsen v Government of Malaysia

Judgment Date25 June 1966
Date25 June 1966
CourtHigh Court (Singapore)
Singapore, High Court.

(Ambrose J.)

Olofsen
and
Government of Malaysia

States as international persons State succession Pending actions Action against Federal Government in courts of member State of Federation Withdrawal of State from Federation while proceedings pending Whether Federal Government the Government of a foreign State Whether entitled to sovereign immunity in courts of former member State The Law of Singapore

Jurisdiction In general Territorial jurisdiction Exemptions from and restrictions upon territorial jurisdiction Foreign States State becoming a foreign State while proceedings pending Whether entitled to immunity The law of Singapore

Summary: The facts:On 16 September 1963 Singapore became a part of the Federation of Malaysia. On 21 June 1965 the plaintiff commenced an action against the Government of Malaysia under the provisions of the Government Proceedings Ordinance 1956 of Malaya which had been extended to Singapore. On 9 August 1965 Singapore ceased to be a part of Malaysia and became an independent republic. The Republic of Singapore Independence Act 1965 continued in force all existing laws but to be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Act and with the independent status of Singapore upon separation from Malaysia.

Held:Malaysia had become a foreign state from 9 August 1965 and the defendant was entitled to immunity. The 1956 Ordinance had to be construed accordingly.

The following is the text of the judgment of the Court:

This action was brought by the plaintiff in the High Court in Singapore against the Government of Malaysia to recover damages for false imprisonment at Pearl's Hill Remand Prison, Singapore, from 7 November 1964 to 8 March 1965.

On 16 September 1963 the State of Singapore became part of the Federation of Malaysia; and the judicial power of the Federation of Malaysia was vested by section 13 of the Malaysia Act 1963 in the Federal Court, and the High Courts in Malaya, Borneo and Singapore and in such inferior courts as may be provided by federal law.

The action commenced on 21 June 1965. On that date it was possible for the plaintiff to sue the Government of Malaysia in the High Court In Singapore under the provisions of the Government Proceedings Ordinance 1956 of Malaya as extended to Singapore by the Modification of Laws (Government Proceedings and Public Authorities Protection) (Extension and Modification)...

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