The Court of Appeal does not possess jurisdiction to hear appeals from High Court decisions declared final under statutory provisions, affirming legislative intent regarding appeal limitations.

[1] This is an appeal by the appellant against the decision of the Court of Appeal in dismissing the appellants appeal against the decision of the High Court in dismissing the appellants appeal against the Order made by the respondent under s 30(ii) of the Medical Act 1971 ["the Act"]. Leave to appeal was granted by this Court on the following two questions:

(i) Whether s 31(2) of the Medical Act 1971 and s 68(1)(d) of the Courts of Judicature Act 1964 are inconsistent with art 121(1B) of the Federal Constitution and therefore void; and

(ii) If the answer is in the affirmative, whether the Court of Appeal has unlimited jurisdiction to hear an appeal from a decision of the High Court made pursuant to s 31(1) of the Medical Act 1971 .

Background Facts

[2] The relevant background facts leading to the present appeal before this Court are as follows:

(1) A disciplinary proceeding was taken by the respondent, the Malaysian Medical Council against the appellant, a medical practitioner. The appellant was found guilty of infamous conduct in a professional respect under s 29(2)(b) of the Act by the respondent upon an inquiry of a complaint made against the appellant for engaging in a sexual relationship with a patient, the wife of the complainant. The respondent ordered the appellant to be suspended from the Register under s 30(ii) of the Act for a period of two (2) years.

(2) Being dissatisfied with the said order the appellant filed an appeal to the High Court pursuant to s 31(1) of the Act. The learned judge of the High Court dismissed the appellants appeal and held that there had been no breach of natural justice and there had been a proper appreciation of the evidence led during the disciplinary enquiry.

(3) The appellant appealed against the decision of the High Court to the Court of Appeal. Before the Court of Appeal, a preliminary point on the issue of whether the appellant had a right to appeal to the Court of Appeal in the light of s 31(2) of the Act was raised and addressed by both the parties.

(4) Section 31 (1) of the Act provides that any person who is aggrieved by any order made in respect of him by the Medical Council in the exercise of its disciplinary jurisdiction may appeal to the High Court, and the High Court may thereupon, affirm, reverse or vary the order appealed against or may give such direction in the matter as it thinks proper; the cost of the appeal shall be in the discretion of the High Court. Sub-section (2) of s 31 of the Act however provides that the decision of the High Court shall be final.

(5) Upon hearing arguments, the Court of Appeal held that they did not have the jurisdiction to hear the appeal and that they were bound by earlier decided case authorities which upheld such finality clauses as provided for under s 31(2) of the Act. The Court of Appeal henceforth dismissed the appeal.

Contention Of The Appellant

[3] It is the contention of the appellant that art 121(1B)(a) of the Federal Constitution confers on the Court of Appeal the power to hear all appeals from the decision of the High Court or a judge. It would render all federal statutes including s 31(2) of the Act which contained provisions which expressly prevent an