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Burma/Myanmar Law Reports

Websites/Multiple Documents

Title: Laws in Myanmar (includes Law reports 1948-1957)
Description/subject: Rather fuzzy text. Difficult to read
Language: English, Burmese (ျမန္မာဘာသာ)
Source/publisher: Laws in Myanmar
Format/size: html
Date of entry/update: 21 July 2016

Individual Documents

Date of publication: 2004
Description/subject: "This article compares the annual Law Reports of the first year of Burmese independence in 1948 with those published in the fiftieth year of Burmese independence (1998). In making the comparison, the author highlights the fundamental changes that occurred in the structure and composition of the highest courts in Burma, along with relevant background and factors effecting these changes. There was a movement away from the predominant use of English in 1948 towards judgments exclusively in Burmese in the 1998 Law Reports. Burma's neighbours, who shared a common law legal heritage, did not follow this trend after their independence. This shift, combined with Burma's isolation from the rest of the world, makes analysis of Burmese case law from the past three and a half decades very difficult for anyone not proficient in the Burmese language. This article tries to fill the lacunae as far as the Law Report from the fiftieth year of Burma's independence is concerned."
Author/creator: Myint Zan
Language: English
Source/publisher: Victoria University of Wellington Law Review (Vol. 35, Issue 2)
Format/size: pdf (255K)
Date of entry/update: 21 August 2014

Title: Union of Myanmar v. U Ye Naung and Another
Date of publication: 08 April 1991
Description/subject: "...in finally acquitting the two defendants Ye Naung and Myint Oo (a.k.a.) Mya Oo of all charges the Supreme Court found that, “There is not any evidence against defendants Ye Naung and Myint Oo apart from their statement before Defence Services Intelligence. While it is correct that Defence Services Intelligence unit personnel are persons authorized to uncover and arrest criminal offenders and confessions made before them are admissible as evidence in Military Courts under Defence Services Rule 22(2)(3)(4), it is apparent that they are not admissible as evidence in 1991 The Union of Myanmar v. U Ye Naung & Another civilian courts under the Evidence Act, section 24”; thus the defendants finally acquitted on the basis of the finding on the Evidence Act, section 24, the Office of the Attorney General moved that in its understanding the finding does not correspond with the law for the Chief Justice with the Full Bench of the Supreme Court to undertake to re-examine the said finding in accordance with the Procedures for the Hearing of Special Appeals, paragraph 17, giving rise to this Special Appeal..."
Author/creator: Supreme Court bench, comprising of U Aung Toe, Chairman; U Aye Ohn, U Kyaw Tint, U Myo Htun Linn and U Kyaw Win, Members, (trans. Nick Cheesman)
Language: English, Burmese/ ျမန္မာဘာသာ
Source/publisher: Myanmar Law Reports, 1991
Format/size: pdf (409K)
Date of entry/update: 21 August 2014

Title: U Kyaw Lin v. Socialist Republic of the Union of Burma (English, Burmese ျမန္မာဘာသာ)
Date of publication: 20 September 1978
Description/subject: "...The charges against the appellant U Kyaw Lin in regards to the U Thant funeral incident are that he was in violation of Penal Code section 143 to the extent that the defendants defied an order of the Rangoon Municipality in gathering with the common object of jointly upsetting law and order as participants in an unlawful assembly; in violation of Penal Code section 447 as this crowd invaded and occupied the Rangoon University campus and Convocation Hall without relevant authorization and starting in the schoolrooms of the buildings held meetings and conducted a host of activities; and, in violation of Penal Code sections 124(A)/149 as some students and some members of the monkhood gave anti-government speeches at the Convocation Hall and site of the former student union building, and printed and distributed seditious pamphlets. 3 It emerged from the testimonies of prosecution witnesses that in regards to the U Thant funeral matter the appellant U Kyaw Lin from the beginning on 5-12-1974 acted as advisor to the Funeral Central Committee; and, that among writings to excite sedition wrote a letter in English to be sent to the United Nations. Nor has there been refutation of these charges. It was submitted [by the defendant] that the court could assign guilt however it pleased; and, that the police inquiry was illegal and on top of it, no firm evidence was presented..."
Author/creator: Central Court bench, comprising of U Hla Maung, Chairman; U Aye Maung and U Thant Sin, Members, (trans. Nick Cheesman)
Language: English, Burmese (ျမန္မာဘာသာ)
Source/publisher: Burma Law Reports, 1978
Format/size: pdf (204K)
Date of entry/update: 21 August 2014

Title: “Intention” (English, Burmese ျမန္မာဘာသာ)
Date of publication: 31 December 1970
Description/subject: "...In making state policy a success by issuing rulings with the quality of justice, the Special Criminal Courts’ Appeal Court is a leading body. Significantly, in order to fulfill its leadership duties the Appeal Court’s chairman and members include members of the Revolutionary Council and cabinet ministers. There can be no persons more familiar with state policy than those persons involved in formulating policy. There can be no persons with more practical understanding of how the power of law also can be used to make policy a success than those persons. Indeed, in traditional Burmese justice too, when the ministers involved both in the making of law and management of state affairs, under the leadership of the king and crown prince, together heard and ruled on appeals they issued verdicts with the quality of justice and which made state policy a success. In the villages and townships likewise, respected learned persons who emerged from among the people were assigned to adjudicate on tribunals. Thus, the judiciary was not independent of the people..."
Author/creator: Dr. Maung Maung, Chief Justice, Chief Court; Member, Special Criminal Courts’ Appeal Court (trans. Nick Cheesman)
Language: English, Burmese (ျမန္မာဘာသာ)
Source/publisher: pecial Criminal Courts’ Appeal Court Rulings (1965–70), 1971
Format/size: pdf (299K)
Date of entry/update: 21 August 2014