Page:Agreement relating to Malaysia (1963).djvu/143



holder of that office or his removal from office under clause (6) of this Article, the Prime Minister shall, before tendering advice to the Yang di-Pertuan Negara under the preceding clause, consult the person holding the office of State Advocate-General or, if that office is then vacant, the person who has last vacated it, and the Prime Minister shall, in every case, before tendering such advice, consult the Chief Justice of Singapore and the Chairman of the Public Service Commission.


 * (3) The Prime Minister shall not be obliged to consult any person under the provisions of the preceding clause if he satisfied that by reason of the infirmity of body or mind of that person or for any other reason it is impracticable so to do.


 * (4) The State Advocate-General may be appointed for a specific period and, if he was so appointed, shall, subject to the provisions of clause (6) of this Article, vacate his office (without prejudice to his eligibility for re-appointment) at the expiration of that period, but, subject as aforesaid, shall otherwise hold office until he attains the age of fifty-five years :


 * Provided that—
 * (a) he may at any time resign his office by writing under his hand addressed to the Yang di-Pertuan Negara; and


 * (b) the Yang di-Pertuan Negara, acting in accordance with the advice of the Prime Minister, may permit a State Advocate-General who has attained the age of fifty-five years to remain in office for such fixed period as may have been agreed between the State Advocate-General and the Government.


 * (5) Nothing done by the State Advocate-General shall be invalid by reason only that he has attained the age at which he is required by this Article to vacate his office.


 * (6) (a) The State Advocate-General may be removed from office by the Yang di-Pertuan Negara, acting in accordance with the advice of the Prime Minister, but the Prime Minister shall not tender such advice except for inability of the State Advocate-General to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and except with the concurrence of a tribunal consisting of the Chief Justice of Singapore and two other Judges of the High Court nominated for that purpose by the Chief Justice of Singapore.


 * (b) The tribunal constituted under this clause shall regulate its own procedure and may make rules for that purpose.


 * (7) It shall be the duty of the State Advocate-General to advise the Government upon such legal matters and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Yang di-Pertuan Negara or the Cabinet and to discharge the functions conferred on him by or under this Constitution, the Federal Constitution, or any other written law.