Page:Agreement relating to Malaysia (1963).djvu/60






 * (a) shall be employed on terms and conditions not less favourable than those applicable to him immediately before Malaysia Day ;


 * (b) unless and until he elects to the contrary,—


 * (i) shall not be liable to be transferred without his consent to a post outside Singapore ; but


 * (ii) shall not be eligible for promotion to such a post.


 * 86. (1) Where in consequence of the passing of this Act a person is seconded to the public service of the Federation by a provision contained in the Constitution of a Borneo State or of Singapore, the effect of the secondment shall be the same as that of a secondment under Article 134 of the Constitution.


 * (2) A person who in consequence of the passing of this Act becomes the holder of any office or employment under the Federation may, until Parliament otherwise provides, perform his functions without taking any oath required in the case of other holders of that office or employment, if he becomes the holder of it on Malaysia Day under any provision of this Part, or if (by secondment or otherwise) he becomes the holder of it on or after that day by reason of any transfer of responsibility to the Federal Government from a government under which he held a corresponding office or employment.

Chapter 3—The Courts and the Judiciary


 * 87. (1) Until other provision is made by or under federal law, the appellate jurisdiction of the Federal Court and the jurisdiction of the High Courts, and (so far as may be) the practice and procedure to be followed by those Courts in the exercise of that jurisdiction, shall, subject to the provisions of this section, be the same as that exercised and followed in the like case immediately before Malaysia Day in the Supreme Court of the Federation, the Supreme Court of Sarawak, North Borneo and Brunei or the Supreme Court of Singapore, as the case may be:


 * Provided that this sub-section shall not confer on any Court any jurisdiction which immediately before Malaysia Day was derived from any law of the State of Brunei.


 * (2) Until other provision is made by or under federal law, the practice and procedure to be followed by the Federal Court in the exercise of its original and consultative jurisdiction, and the practice and procedure of other courts in connection therewith, shall, subject to the provisions of this section, be the same as nearly as may be as that followed in the like case immediately before Malaysia Day in and in connection with the exercise of the corresponding jurisdiction by the Supreme Court of the Federation.


 * (3) Until other provision is made by or under federal law—


 * (a) the Federal Court and each of the High Courts shall adopt and use as its seal such seal or stamp as may be approved by the Lord President, in the case of the Federal Court, or the Chief Justice, in the case of a High Court ; and