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Consitution of Malaysia: An Introduction Part 11

PART IX - THE JUDICIARY

122a

(1) Each of the High Courts shall consist of a Chief Judge and not less than four other judges; but the number of other judges shall not, until the Yang di- Pertuan Agong by order otherwise provides, exceed-

(a) in the High Court in Malaya, twelve; and

(b) in the High Court in Borneo, eight.

(c) (Repealed).

(2) Any person qualified for appointment as a judge of High Court may sit as a judge of that court, if designated for the purpose (as occasion requires) in accordance with Article 122B.

(3) For the dispatch of business of the High Court in Borneo in an area in which a judge of the court is not the time being available to attend to business of the court, the Yang di- Pertuan Agong acting on the advice of the Lord President of the Supreme Court, or for an area in either State the Yang di- Pertua Negeri of the State acting on the advice of the Chief Justice of the court, may by order appoint to be judicial commissioner in that area for such period or for such purposes as may be specified in the order an advocate or person professionally qualified to be admitted an advocate of the court.

(4) Subject to any limitations or conditions imposed by the order appointing him, a judicial commissioner shall have power, in the area for which he is appointed, to perform such functions of a judge of the High Court in Borneo as appear to him to require to be performed without delay; and anything done by a judicial commissioner when acting in accordance with his appointment shall have the same validity and effect as if done by a judge of that court, and in respect thereof he shall have the same powers and enjoy the same immunities as if he had been a judge of that court.

(5) For the dispatch of business of the High Court in Malaya; the Yang di- Pertuan Agong acting on the advice of the Lord President of the Supreme Court, may by order appoint to be judicial commissioner for such period or such purposes as may be specified in the order any person qualified for appointment as a judge of High Court; and the person so appointed shall have power to perform such functions of a judge of the High Court in Malaya as appear to him to require to be performed; and anything done by him when acting in accordance with his appointment shall have the same validity and effect as if done by a judge of that court, and in respect thereof he shall have the same powers and enjoy the same immunities as if he had been a judge of that court.

122b

(1) The Lord President of the Supreme Court, and chief justices of the High Courts and (subject to Article 122C) the other judges of the Supreme Court and of the High Court shall be appointed by the Yang di- Pertuan Agong, acting on the advice of the Prime Minister, after consulting the Conference of Rulers.

(2) Before tendering his advice as to the appointment under Clause (1) of a judge other than the Lord President of the Supreme Court, the Prime Minister shall consult the Lord President.

(3) Before tendering his advice as to the appointment under Clause (1) of the Chief Justice of a High Court, the Prime Minister shall consult the Chief Justice of each of the High Courts and, if the appointment is to the High Court in Borneo, the Chief Minister of each of the States of Sabah and Sarawak.

(4) Before tendering his advice as to the appointment under Clause (1) of a judge other than the Lord President or a Chief Justice, the Prime Minister shall consult, if the appointment is to the Supreme Court, the Chief Justice of each of the High Courts and, if the appointment is to one of the High Courts, the Chief Justice of that court.

(5) This Article shall apply to the designation of a person to sit as judge of a High Court under Article 122A (2) as it applies to the appointment of a judge of the court other than the Chief Justice.

(6) Notwithstanding the dates of their respective appointments as judges of the Supreme Courts or of the High Courts, the Yang di- Pertuan Agong, acting on the advice of the Prime Minister given after consulting the Lord President, may determine the order of precedence of the judges among themselves.

122c

Article 122B shall not apply to the transfer to a High Court, otherwise than as Chief Justice of a judge of another High Court other than the Chief Justice; and such a transfer may be made by the Yang di- Pertaun Agong, on the recommendation of the Lord President of the Supreme Court, after consulting the Chief Justices of the two High Courts.

Source: Federal Consitution 1957

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