Page:Agreement relating to Malaysia (1963).djvu/19




 * 16. (1) Each of the High Courts shall consist of a Chief Justice and not less than four other judges ; but the number of other judges shall not, until Parliament otherwise determines, exceed—


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


 * (b) in the High Court in Borneo, eight ; and


 * (c) in the High Court in Singapore, eight.


 * (2) Any person qualified for appointment as a judge of a 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 despatch of business of the High Court in Borneo in an area in which a judge of the court is not for 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 Federal Court, or for an area within either State the Governor 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.


 * 17. (1) The Lord President of the Federal Court, the Chief Justices of the High Courts and (subject to Article 122C) the other judges of the Federal Court and of the High Courts 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 Federal 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 or in Singapore, the Chief Minister of each of the Borneo States or of Singapore, as the case may be.


 * (4) Before tendering his advice as to the appointment under Clause (1) of any other judge, the Prime Minister shall consult, if the appointment is to the Federal Court, the Chief Justices of all the High Courts