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LAW / Referencing for Law Students / AGLC 3rd ed

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Australian Guide to Legal Citation 221

18.2Legislative Materials

18.2.1Principal and Delegated Legislation

Rule Hong Kong principal and delegated legislation should be cited in accordance with rules 3.1–3.4. However:

no year should be included;

the jurisdiction should appear as ‘(Hong Kong)’; and

a chapter number should be included after the jurisdiction.

The chapter number should appear as follows:

cap Chapter Number (for example, ‘cap 3’).

Where a pinpoint reference is included, the chapter number should be followed by a comma.

Where principal or delegated legislation has not been allocated a chapter number (or when citing principal or delegated legislation historically, as enacted) the year should be included.

Examples Evidence Ordinance (Hong Kong) cap 8, s 4.

Dogs and Cats Regulations (Hong Kong) cap 167A, reg 22.

Rules of the High Court (Hong Kong) cap 4A.

Telephone Ordinance 1925 (Hong Kong).

Note A piece of primary legislation in Hong Kong is usually called an ‘ordinance’.

18.2.2Constitution

Rule

The Hong Kong Constitution should be cited as follows:

 

 

Basic Law of the Hong Kong Special Administrative Region of the

People’s Republic of China Pinpoint .

Example Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China s 4.

Kong Hong

222

19 Malaysia

19.1Cases

19.1.1General Rule

Rule Malaysian cases should be cited in accordance with chapter 2. However:

the names of individuals (both parties and judicial officers) should generally appear in full; and

abbreviations of judicial titles should appear as they do in the case cited (but should adhere to rule 1.6.1, so full stops should not be used in abbreviations).

‘Sendirian Berhad’ (an expression indicating incorporation) should be abbreviated ‘Sdn Bhd’ in parties’ names. ‘Datuk’ (approximately equivalent to ‘Sir’) and ‘Haji’ (a religious status) should always be omitted from parties’ names.

Examples Ratna Ammal v Tan Chow Soo (1964) 30 MLJ 24.

Achieva Technology Sdn Bhd v Lam Yen Ling [2009] 8 MLJ 625 (High Court).

Notes When citing cases from foreign jurisdictions, it may be useful to include the name of the court in a citation (in accordance with rule 2.6).

Names of individuals should generally appear in full in Malaysian decisions to ensure that individuals are unambiguously identified. If given names are not necessary to identify an individual, they may be omitted.

19.1.2Report Series

Rule In Malaysia, the most commonly used and authoritative law report series is the Malayan Law Journal (abbreviated ‘MLJ’), which should be cited where possible.

Australian Guide to Legal Citation 223

Where a case is not reported in the MLJ, the Current Law Journal (abbreviated ‘CLJ’) should be cited where possible.

Examples Polygram Records Sdn Bhd v The Search [1994] 3 MLJ 127, 140 (Visu Sinnadurai J) (High Court of Malaya).

TAM Abdul Aziz & Co v Shamsudeen (1951) 17 MLJ 141, 141 (Murray-Aynsley CJ) (Court of Appeal).

PP v Segaran S Mathavan [2010] 2 CLJ 121 (High Court of Malaya).

Note The Malayan Law Journal contains both journal articles and cases from the Federal Court, Court of Appeal and High Court. Until 1965, volumes of the Malayan Law Journal were organised by volume. From 1966, the volumes are organised by year.

19.1.3Unreported Cases

Rule Unreported Malaysian decisions should be cited in accordance with rule 2.8.2.

Example Mohamed Musa bin Amanullah v Public Prosecutor (Unreported, Malaysian Court of Appeal, Hasan Lah, Sulong Matjeraie and Mohd Hishamudin Yunus JJCA, 1 March 2010) [45]–[46].

Note Although some online databases do so, Malaysian courts do not allocate medium neutral citations. Medium neutral citations should thus not be used for unreported Malaysian cases, in accordance with rule 2.8.1.

19.2Legislative Materials

19.2.1Statutes and Delegated Legislation

Rule Malaysian statutes and delegated legislation should be cited in accordance with chapter 3. The jurisdiction should appear as ‘(Malaysia)’.

Malaysia

224 Part V — Foreign Domestic Materials

Examples Copyright Act 1987 (Malaysia) s 7.

Digital Signature Regulations 1998 (Malaysia) reg 58(a).

19.2.2Constitution

 

 

Rule

 

The Malaysian Constitution should be cited as follows:

 

 

 

 

Federal Constitution (Malaysia)

 

.

 

 

 

 

Pinpoint

 

 

 

 

 

 

 

 

 

Example

 

Federal Constitution (Malaysia) art 5.

 

 

 

 

 

 

 

225

20 New Zealand

20.1Cases

20.1.1General Rule

 

 

Rule

 

New Zealand cases should be cited in accordance with chapter 2.

 

 

 

 

 

 

 

Example

 

Haylock v Patek [2009] 1 NZLR 351.

 

 

 

 

 

 

 

Note

 

When citing cases from foreign jurisdictions, it may be useful to

 

 

 

 

include the name of the court in a citation (in accordance with

 

 

 

 

rule 2.6).

 

 

 

 

 

20.1.2Official and Unofficial Report Series

 

Rule

The New Zealand Law Reports (abbreviated ‘NZLR’), which are

 

 

authorised, should be cited where possible in accordance with

 

 

rule 2.3.1.

 

 

Where a case is not reported in the NZLR, an unofficial report series

 

 

should be cited (where available).

 

 

 

 

Examples

Arbitrators’ Institute of New Zealand Inc v Legal Services Board

 

 

[1995] NZAR 49, 51–2 (Heron J) (High Court).

 

 

Brintons Ltd v Feltex Furnishings of New Zealand Ltd (1990) 3

 

 

NZBLC ¶99-189, 101 761.

 

 

 

20.1.3Unreported Cases

Rule Where a case is unreported and has been assigned a medium neutral citation by the court, it should be cited in accordance with rule 2.8.1. The following medium neutral unique court identifiers should be used from the years indicated:

New

Zealand

226 Part V — Foreign Domestic Materials

Examples

Note

Court

 

Unique Court Identifier

 

Years

 

 

 

 

 

New Zealand Supreme Court

 

NZSC

 

2005–

New Zealand Court of Appeal

 

NZCA

 

2007–

Other unreported New Zealand decisions (including unreported decisions of the High Court of New Zealand) should be cited in accordance with rule 2.8.2.

Ludgater Holdings Ltd v Gerling Australia Insurance Co Pty Ltd

[2009] NZSC 131 (16 December 2009) [1].

Lowe v New Zealand Police (Unreported, High Court of New Zealand, Clifford J, 2 March 2010) [11]–[12].

Some New Zealand tribunals also assign medium neutral citations to their decisions. Such medium neutral citations should be used only where the tribunal itself has assigned that citation.

20.1.4Māori Land Court and Māori Appellate Court

Rule Decisions of the Māori Land Court and the Māori Appellate Court should be cited as follows:

Parties’ Names — Block Name ( Year ) Case Number Registry Minute Book Abbreviation Starting Page , Pinpoint .

Parties’ names should be separated by ‘v’. The block name should be included only where it appears in the decision. The following abbreviations should be used for the minute book abbreviation:

Type of Minute Book

 

Abbreviation

 

 

 

Minute Book

 

MB

Appellate Court Minute Book

 

ACMB

Chief Judge’s Minute Book

 

CJMB

Where minute book references are unavailable, Māori Land Court and Māori Appellate Court decisions should be cited as unreported decisions (in accordance with rule 2.8).

Pinpoint references should adhere to rule 2.5. Judges’ names should adhere to rule 2.9.1.

Australian Guide to Legal Citation 227

Examples O’Rorke v Hohaia — Pukekohatu 7B Block (2006) 173 Aotea MB 114, 117 [12]–[13] (Judge Harvey).

Taipari v Hauraki Maori Trust Board (2008) 114 Hauraki MB 75.

Note The block name is usually preceded by ‘In the matter of’ in Māori Land Court and Māori Appellate Court decisions. Minute books are divided according to registry.

20.1.5Waitangi Tribunal

Rule

Reports of the Waitangi Tribunal should be cited as follows:

 

 

Waitangi Tribunal, Title of Report ( Year ).

The ‘Wai number’ (sometimes used to identify reports of the Waitangi Tribunal) should not be included.

Example Waitangi Tribunal, Maori Electoral Option Report (1994).

New

Zealand

20.2Legislative Materials

20.2.1Legislation

Rule New Zealand legislation should be cited in accordance with rule 3.1. The jurisdiction should be abbreviated ‘NZ’.

Example Habeas Corpus Act 2001 (NZ).

228 Part V — Foreign Domestic Materials

20.2.2Delegated Legislation

Rule

Example

New Zealand delegated legislation should be cited in accordance with rule 3.3. However, the statutory rule number should be included after the jurisdiction and followed by a comma. It should appear in the form:

SR Year / Instrument Number

(for example, ‘SR 2004/225’).

Electronic Transactions Regulations 2003 (NZ) SR 2003/288, reg 4.

20.3Other

Rule For further information on the citation of New Zealand materials, see the latest edition of the New Zealand Law Style Guide.

229

21 Singapore

21.1Cases

21.1.1General Rule

Rule Singaporean cases should be cited in accordance with chapter 2. However:

names of individuals (both parties and judicial officers) should generally appear in full; and

‘Proprietary Limited’ is abbreviated ‘Pte Ltd’ (not ‘Pty Ltd’) for Singaporean companies.

Examples Re Econ Corp Ltd [2004] 1 SLR 273.

Lim Choo Suan v Goh Kok Hwa [2009] 4 SLR 193, 201–2 [15]–[16] (Woo Bih Li J) (High Court).

Virtual Map (Singapore) Pte Ltd v Singapore Land Authority [2009] 2 SLR 558, 563 (Court of Appeal).

Notes When citing cases from foreign jurisdictions, it may be useful to include the name of the court in a citation (in accordance with rule 2.6).

Names of individuals should generally appear in full in Singaporean decisions to ensure that individuals are unambiguously identified. If given names are not necessary to identify an individual, they may be omitted.

21.1.2Report Series

Rule The most commonly used and authoritative report series for cases from 1965 is the Singapore Law Reports (abbreviated ‘SLR’), which should be cited where available. For cases prior to 1965, the Malayan Law Journal (abbreviated ‘MLJ’) should be cited where available.

Singapore

230 Part V — Foreign Domestic Materials

Examples PT Garuda Indonesia v Birgen Air [2002] 1 SLR 393.

Loo Seong Thye v Goh Teik Yah (1964) 30 MLJ 346.

21.1.3Unreported Cases

Rule

Examples

Note

Where a decision is unreported and has been assigned a medium neutral citation by the court, it should be cited in accordance with rule 2.8.1. The following unique court identifiers should be used:

 

Court

 

Unique Court

 

Years

 

 

 

 

Identifier

 

 

 

 

 

 

 

 

 

 

 

Supreme Court of Singapore —

 

SGCA

 

2003–

 

Court of Appeal

 

 

 

 

 

 

Supreme Court of Singapore —

 

SGHC

 

2003–

 

High Court

 

 

 

 

 

 

Singapore District Court

 

SGDC

 

2001–

 

Singapore Magistrates’ Court

 

SGMC

 

2001–

 

Singapore Juvenile Court

 

SGJC

 

2001–

 

Singapore Small Claims Tribunal

 

SGSCT

 

2001–

Other unreported Singaporean decisions should be cited in accordance with rule 2.8.2.

Orient Centre Investments Ltd v Société Générale [2007] SGCA 24 (9 May 2007).

Ong v Lim Lie Hoa [2008] SGHC 44 (25 March 2008) [8] (Choo Han Teck J).

Public Prosecutor v Zhang Jing [2006] SGDC 82 (3 May 2006) [17]– [19].

The Supreme Court of Singapore consists of the High Court and the Court of Appeal.

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