Page:Agreement relating to Malaysia (1963).djvu/21




 * 21. (1) Any provision made by federal law for the functions of the Lord President of the Federal Court to be performed, in the event of a vacancy in the office or of his inability to act, by another judge of the Federal Court may extend to his functions under this Constitution.


 * (2) Any provision made by federal law for the functions of the Chief Justice of a High Court to be performed, in the event of a vacancy in the office or of his inability to act, by another judge of that court may extend to his functions under this Constitution other than functions as judge of the Federal Court.


 * 22. (1) Articles 125 to 127, 130 and 131 of the Constitution shall be amended in accordance with the following subsections.


 * (2) In Article 125 (tenure of office and remuneration of judges)—


 * (a) there shall, in all places except in Clause (4), for the words "Supreme Court" and the words "Chief Justice" respectively be substituted the words "Federal Court" and the words " Lord President ";


 * (b) in Clause (4)—


 * (i) after the word "judge" there shall be inserted the words " of the Federal Court or a High Court, or have before Malaysia Day held office as judge"; and


 * (ii) for the words from " and shall " onwards there shall be substituted the words " and shall be presided over by the member first in the following order, namely, the Lord President of the Federal Court, the Chief Justices according to their precedence among themselves, and other members according to the order of their appointment to an office qualifying them for membership (the older coming before the younger of two members with appointments of the same date) ";


 * (c) in Clause (5) for the words " or the Prime Minister " there shall be substituted the words " and, in the case of any other judge ".


 * (3) At the end of Article 125 there shall be added as a new Clause (9)—


 * "(9) This Article shall apply to a judge of a High Court as it applies to a judge of the Federal Court, except that the Yang di-Pertuan Agong before suspending under Clause (5) a judge of a High Court other than the Chief Justice shall consult the Chief Justice of that Court instead of the Lord President of the Federal Court."


 * (4) In Article 126 (power to punish for contempt) and in Article 127 (restriction on Parliamentary discussion) for the words " Supreme