Asia-Pacific

Mabo v Queensland (No 2) (1992) 175 CLR 1.

The indigenous peoples of Malaysia who represent 0.5 per cent of the population.

Highest court of the land in Malaysia.

Superintendent of Land & Surveys Miri Division v Madeli bin Salleh Civil Appeal No 01-1-2006(Q). The judgment was pronounced on 8 October 2007

This position was initiated by Lord Denning in Oyekan and Others v Adele (1957) 2 All ER 785. 6. (2005) 6 MLJ 289. See also Sagong bin Tasi v The Selangor State Government (2002) 2 MLJ 591, the hearing at first instance, which was heard in the Malaysian High Court.

This merely provides the right to occupy the land, and not an interest in the land.

Maxwell William E , ‘The Law and Customs of the Malays with Reference to the Tenure of Land’ (1884) 13 JSBRAS 75. Cf Kadouf Hunud Abia ‘The Traditional Malay Ruler and the Land: Maxwell's Theory Revisited’ [1997] 1 MLJ cxxi.

Wong David SY , Tenure and Land Dealings in the Malay States (1975) 13, as referred to by Hunud Abia Kadouf, above n 8.

Wong , above n 9, 17–18.

Ibid.

Sagong bin Tasi v The Selangor State Government (2002) 2 MLJ 591, 601

Ibid 602.

Amended in 1974.

‘The Context of Orang Asli Poverty: Orang Asli Social Indicators’ in Nicholas Colin , The Orang Asli in the Malaysian Nation State, (Ph D thesis, IPSP, University Malaya, 1998).

The then Finance Minister Tun Daim Zainudin announced in May 1999 that a total of 314 715 acres of land would be reserved for Orang Asli.

Sepang lies just south of Kuala Lumpur on peninsular Malaysia. Formerly a sleepy town, its proximity to the coast and international airport, and the construction of an F1 car racing circuit has seen a change in Sepang's fortunes over recent years.

His Lordship referred to the case of Adong bin Kuwau v Kerajaan Negeri Johor (1997) MLJ 418.

Malaysian Constitution, Part II Fundamental Liberties, Art 13

Native customs.

Malaysian Constitution, Part II Fundamental Liberties, Art 8

Sagong bin Tasi v The Selangor State Government (2002) 2 MLJ 591, 599.

[1997] 153 DLR (4th) 193.

The Wik Peoples v The State of Queensland (1996) 187 CLR 1. Chief Justice Brennan's decision formed part of the dissenting judgments. The majority did not make a specific finding in relation to governments owing Australian Aborigines a fiduciary duty in relation to their customary proprietary rights.

Superintendent of Land & Surveys Miri Division v Madeli bin Salleh Civil Appeal No 01-1-2006(Q).

This was the approach by the Aboriginal and Torres Straits Islander Social Justice Commissioner, Native Title Report 2001 hreoc.gov.au at 10 November 2008.

An observation by Gopal Sri Ram, JCA, Court of Appeal decision in Adong bin Kuwau v Kerajaan Negeri Johor 15 (1997) 1 MLJ 418.