P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!

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ADMISSION
Contents
I. s. 17 ea 1950......................................................................................................................................................1
II. category of person whose statement made by him can be an admission .............2
III. admissibility of admission: how? – s. 21.........................................................................................4
IV. Exceptions To The Admissibility Of Admissions ( sec 22 n 23).......................................5
V. effect of admission – s. 31........................................................................................................................7
VI. civil............................................................................................................................................................................8
VII. criminal cases....................................................................................................................................................9
I. S. 17 EA 1950
(1) admission statement, oral or documentary, which suggests any inference as to any fact in
issue or relevant fact, and which is made by any of the persons and under the
circumstances hereinafter mentioned.
(2) confession admission made at any time by a person accused of an offence, stating or
suggesting the inference that he committed that offence
(3) Subsection (2) shall have no application in Sarawak.
Confession
Admission
All admissions are not confessions, but
all confessions are admissions.

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II. CATEGORY OF PERSON WHOSE STATEMENT MADE BY HIM CAN BE
AN ADMISSION
A. S. 18
5 categories
a) Admissions
by a party to
proceedings
1. Statements made by a party to the proceeding (S. 18 (1))
2. Statements made by a party in a representative character while holding such
character (S. 18(2))
b) Admissions
by an agent of
a party
3. Statements made by an agent to any such party whom the court regards as
expressly or impliedly authorized by the party to make them (S. 18 (1))
c) Admissions
by a person
interested
4. Statements made by persons who have any proprietary or pecuniary interest in
the subject-matter of the proceeding, and who make the statement in their
character of persons so interested, provided that they were made during the
continuance of the interest of the persons making the statements (S. 18 (3) (a))
5. Statements made by persons from whom the parties to the suit have derived
their interest in the subject-matter of the suit, provided that they were made
during the continuance of the interest of the persons making the statements (S.
18 (3) (b))
category contoh
1 PP v Dato’ Seri Anwar Ibrahim (NO 3)
In a criminal trial the accused is a party to the proceedings within the meaning of the
section and his admissions are admissible against him, subject of course to the
provisions of Se 24-27
MA Clyde v Wong Ah Mei
If a FR contains an admission which is relevant to a claim in a civil action against him, it
is admissible in evidence under ss17,18,21

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2 contoh representative : trustees, executors, administrators, managers in the character
of an executor or administrator or the assignee of a bankrupt
3 Cheng Heng Loong Gldmiths (KL) Sdn Bhd v Capital Insurance Bhd
employement as agent + authority = admissible
4  Applies where there are several persons jointly interested in one common
business or dealing, provided the condition in the subsection is fulfilled, an
admission made by one of the persons will bind the others.
 Pursuant to Partnership Act an admission or representation made by any
partner concerning the partnership affairs, and in the ordinary course of its
business, is evidence against the firm.
5 the party against whom the admission is sought to be read has a joint interest with the
party making the admission in the subject-matter, and where the part against whom
the decision is sought to be used takes what he claims in the subject matter from the
person who made the admission.
B. EXCEPTION TO S. 18 – S. 19 AND 20
19 Admissions by persons whose position must be proved as against party to suit
Statements made by persons whose position or liability it is necessary to prove as against any
party to the suit are admissions if the statements would be relevant as against those persons
in relation to the position or liability in a suit brought by or against them, and if they are
made whilst the person making them occupies that position or is subject to that liability.
20 Admissions by persons expressly referred to by party to suit
Statements made by persons to whom a party to the suit has expressly referred for
information in reference to a matter in dispute are admissions.

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1. Beza 19 n 20 ; 19 nak jadikan 3rd
party tu ada liability, s. 20 part just refer to
the 3rd
party’s statement
III. ADMISSIBILITY OF ADMISSION: HOW? – S. 21
s. 21 Illus
Admissions are relevant and may be
proved as against the person who
makes them or his representative in
interest; but they cannot be proved
by or on behalf of the person who
makes them or by his representative
in interest except in the following
cases:
a The question between A and B is whether a certain
document is or is not forged.
A affirms that it is genuine; B that it is forged. A may
prove a statement by B that the document is genuine,
and B may prove a statement by A that the document
is forged; but A cannot prove a statement by himself
that the document is genuine, nor can B prove a
statement by himself that the document is forged.
(a) an admission may be proved
by or on behalf of the person
making it when it is of a nature that,
if the person making it were dead, it
would be relevant as between third
persons under section 32;
b A, the captain of a ship, is tried for casting her away.
Evidence is given to show that the ship was taken out
of her proper course.
A produces a book kept by him in the ordinary course
of his business, showing observations alleged to have
been taken by him from day to day, and indicating
that the ship was not taken out of her proper course.
A may prove these statements because they would be
admissible between third parties if he were dead
under paragraph 32(1)(b).
c (c) A is accused of a crime committed by him at Kuala
Lumpur. He produces a letter written by himself and
dated at Penang on that day, and bearing the
Penang postmark of that day.
The statement in the date of the letter is admissible,

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because if A were dead it would be admissible under
paragraph 32(1)(b
(b) an admission may be proved
by or on behalf of the person
making it when it consists of a
statement of the existence of any
state of mind or body relevant or in
issue, made at or about the time
when that state of mind or body
existed and is accompanied by
conduct rendering its falsehood
improbable;
d (d) A is accused of receiving stolen goods, knowing
them to be stolen.
He offers to prove that he refused to sell them below
their value.
A may prove these statements though they are
admissions, because they are explanatory of conduct
influenced by facts in issue.
(c) an admission may be proved
by or on behalf of the person
making it if it is relevant otherwise
than
e (e) A is accused of fraudulently having in his
possession counterfeit coin which he knew to be
counterfeit.
He offers to prove that he asked a skilful person to
examine the coin as he doubted whether it was
counterfeit or not, and that that person did examine it
and told him it was genuine.
A may prove these facts for the reasons stated in
illustration (d).
IV. EXCEPTIONS TO THE ADMISSIBILITY OF ADMISSIONS ( SEC 22 N 23)
A. S.22
General
principle
Oral admissions as to contents of documents are not relevant.
exceptions i) If the party proposing to give oral evidence of the admission (2ndary evidence)

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under s.65 EA
ii) When genuineness of the doc itself is in question then also it may be proved
**Under this sec party can prove oral admission of the contents of the doc when he proves that the
doc has been lost, destroyed or that it is in possession of the opposite party.
B. S. 23 - ADMISSIONS DURING THE COURSE OF SETTLEMENT NEGOTIATIONS -
WITHOUT PREJUDICE COMMUNICATION
1. if settlement communications are made on the express or implied condition
that they are not to be referred to at the trial, they will not be admissible in evidence.
2. A normal manner of expressing this intention is to specify the words ‘without
prejudice’ at the top of the letter or to indicate in the next of the letter that the letter
is without prejudice to the rights of the party.
3. If there is a series of letters and the initial letter reveals an express or implied
intention that the correspondence is not to be referred at the trial, then the series of
letters that follow will be given the same standing.
4. This only applies if there is an existing dispute. Once the case has been settled,
the parties will not have the benefit of the privileges in relation to subsequent
correspondence

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5. Example:
D offers to settle the case by offering P a percentage of the sum claimed. P replies
that the figure is too low and makes a counter offer. A series of letters are issued but
the matter is not settled. P wishes to adduce the letter in evidence.
P wishes to adduce the correspondence because D’s willingness to settle must be
treated as an admission to liability and therefore is supportive of P’s case. However,
the policy of the law is to encourage settlement between the parties in civil cases in
order to avoid litigation
AB CHEW INVESTMENT PTE LTD V LIM TJOEN KONG [1989] 3 MLJ 328
1. The privilege only applies to statements by the parties and their lawyers respectively acting
for them so that a person which is not involved in the negotiations personally or through an
agent cannot claim the privilege
2. The privilege may be waived with the consent of both parties. The privilege may also be
waived by the person entitled to the privilege either expressly or by allowing evidence to be
given of the matters in respect of which the privilege might be claimed.
3. A party cannot unilaterally waive privilege in respect of without prejudice communication
only to claim it later when his opponent makes reference to those communication
4. A party is not entitled to disregard he fact that the communication are privileged and then
when he finds the circumstances to his disadvantage, assert that those communication are
privileged.
V. EFFECT OF ADMISSION – S. 31
A. ADMISSIONS ARE NOT CONCLUSIVE PROOF OF THE MATTER ADMITTED
B. ADMISSIONS ARE CONCLUSIVE PROOF WHEN THEY OPERATE AS ESTOPPELS.
1. Estoppel in s. 115
115. When one person has by his declaration, act or omission intentionally caused or permitted

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another person to believe a thing to be true and to act upon such belief, otherwise than but for
that belief he would have acted, neither he nor his representative in interest shall be allowed in any
suit or proceeding between himself and that person or his representative in interest to deny the
truth of that thing.
ILLUSTRATION
A intentionally and falsely leads B to believe that certain land belongs to A and thereby induces B
to buy and pay for it.
The land afterwards becomes the property of A and A seeks to set aside the sale on the ground
that at the time of the sale he had no title. He may not be allowed to prove his want of title.
C. A PERSON WHO HAS MADE ADMISSIONS WILL BE ALLOWED TO DISPUTE THE
ADMISSION ON THE GROUND OF FRAUD, COERCION,, MISREP ETC UNLESS IT OPERATES AS
ESTOPPEL UNDER SEC 115.
VI. CIVIL
A. S. 58
Facts admitted need not be proved.
No fact need be proved in any proceeding which the parties thereto or their agents agree to admit
at the hearing or which before the hearing they agree to admit by any writing under their hands,
or which by any rule of pleading in force at the time they are deemed to have admitted by their
pleadings:
Provided that the court may, in its discretion, require the facts admitted to be proved otherwise
than by such admissions.

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1. This section is not applicable to criminal cases.
2. This section deals with admission at or before hearing where no proof need to
be given of facts which the parties or their agent agree to admit at the hearing or
before the hearing, they agree to admit in writing or pleadings
3. However, if the admission has been obtained by fraud, collusion, or there is
suspicion abt the admission, the court may require proof of the fact notwithstanding
the admissions.
4. Admissions are not conclusive proof of the matters admitted, but they may
operate as estoppels.
VII. CRIMINAL CASES
A. S. 73AA
Admissibility of fact in criminal cases, etc.
Notwithstanding anything contained in this Chapter and subject to the Criminal Procedure Code
[Act 593], in any criminal proceedings, no fact whether oral or written need be proved which the
parties to the proceedings have agreed to admit at the trial or which the parties to the
proceedings have agreed to admit before the trial in writing.
1. Every allegation of fact shall be taken to be admitted if:
a) not denied specifically or
b) by necessary implication or
c) stated to be admitted in the pleading of the defendant