The High Court will hear the case between Meng and Ong because the offence of murder carries a potential death sentence. The High Court has original, appellate, revisionary, and supervisory jurisdiction over criminal and civil cases. It normally tries cases involving serious criminal offenses, such as those carrying the death penalty, and hears appeals from lower courts. The High Court also has the power to review decisions of administrative tribunals and native courts.

1. ii)
Identify the trial court that will hear the case and state jurisdiction of that court.
The court that will try the case between Meng and Ong is the High Court. The High
Court will hear the case because the offence committed by Ong is a murder which carried a
death sentence if found guilty.
The High Court has the original, appellate and also revisionary and supervisory
juriscdiction. The original jurisdiction means the case starts at the High Court for the first
time. High Courts have unlimited civil and criminal jurisdiction. However, the High Court
normally tries only cases outside the jurisdiction of subordinate courts
The general civil jurisdiction of the High Court is set out in Section 23 of Court of
Judicature Act 1964. It has unlimited jurisdiction to try all civil matter regardless of values
where ; the cause of action arose, the defendant or one of several defendants resides or has his
place of business, the facts on which the proceedings are based exist or are alleged to have
occurred and any land, the ownership of which is disputed, is situated within the local
jurisdiction. However, these jurisdictions is subject to limitation in article 128 of Federal
Constitution. High Courts generally hear actions where the claim exceeds RM250,000, other
than actions involving motor vehicle accidents, landlord and tenant disputes and distress.
The High Courts specific jurisdiction in matters relating to the validity or dissolution of
marriage, divorce and matrimonial causes, bankruptcy and matters relating to the windingup of companies, guardianship or custody of children, grants of probate, wills and letters of
administration of estates, and also injunctions, specific performance or rescission of
contracts. This is as enumerated in Section 24 of Court of Judicature Act 1964.
On the other hand, in criminal jurisdiction, The High Court may hear all matters but
generally confines itself to offences on which the Magistrates and Sessions Courts have no
jurisdiction, for instance, offences which carry the death penalty. It also have the extra
territorial jurisdiction which the Attorney General may extent the jurisdiction of the court to
offences committed abroad by Malaysian's citizen that affect the security of the country. By
virtue of Section 22(1)(a) of 1964, the High Courts can try all offences relating to ship or any
aircraft registered in Malaysia.
For appellate jurisdiction, High Courts can hear appeals against the decisions of the
lower courts. Hence, the High Court may hear appeals from the Magistrates and Sessions

2. Courts in both civil and criminal matters. The appellate civil jurisdiction of the High Court is
laid down in Section 27 of Court of Judicature Act 1964. There is no appeal to the High
Court from a decision of subordinate courts in any civil cause or matter where the amount in
dispute is less that RM10 000, except on a question of law and proceeding concerning
maintenance of wives or children.
In criminal appellate jurisdiction, the High Court can hear appeal from subordinate
courts according to any law then in force within the territorial jurisdiction of High Court.
However, no appeal can be made to High Court from a subordinate court concerning any
offence punishable with fine not exceeding RM25, or when the offender had pleaded guilty
and been convicted, except as to the extent or legality of the sentence.
The High Court has revisionary jurisdiction over criminal and civil proceeding in the
subordinate courts. Section 31 of Court of Judicature Act 1964 laid down the power of the
High Court to revise criminal proceedings in the subordinate courts in accordance with any
law for the time being in force concerning criminal procedure. Under Section 32 of the said
act, the High Court can call for and examine the record of any civil proceedings before any
subordinate courts to satisfy itself as to correctness, legality, or propriety of any decision
recorded or passed, and as to regulate correct proceedings.
Section 35 of the Court of Judicature Act 1964 confers the High Court with general
supervisory jurisdiction. It can supervise all subordinate court in the interest of justice. High
Court can call for record of any proceeding either of its own motion or at the instance of any
interested party. Then, High Court can either transfer the case whether civil and criminal to
High Court itself or give directions to the lower court for further conduct of the case.
Lastly, the High Court also has jurisdiction to review decisions of quasi judicial
bodies or administrative tribunals as provided by Section 25(2) of the Court of Judicature Act
1964 read together with Section 1 of the Schedule to the Act. These confer power on the High
Court to issue orders or writs including writs of the nature of habeas corpus, mandamus,
prohibition, quo warranto and certiorari. High Court can also supervise and control the Native
Courts.