Page:Agreement relating to Malaysia (1963).djvu/63






 * (b) the judges of the Court of Appeal of the Federation shall become judges of the Federal Court ;


 * (c) the other judges shall become respectively judges of the High Courts in Malaya, in Borneo and in Singapore according to the place in which they were judges before Malaysia Day.


 * (2) The first Chief Justice of the High Court in Malaya shall be appointed from among the persons holding office immediately before Malaysia Day as judges of the Supreme Court of the Federation, and if a judge of the Court of Appeal is appointed, sub-section (1) shall have effect subject to that appointment and to any appointment made in consequence of it.


 * (3) In connection with any such appointment as is mentioned in sub-section (2), any requirement of Article 122A of the Constitution as to consultation with the Lord President of the Federal Court or a Chief Justice may be satisfied by consultation with the person designated or appointed under this Article to hold that office.


 * (4) The term of office under sub-section (1) of a judge who immediately before Malaysia Day held his then office for a fixed term shall not expire before the end of that term ; and, subject to that, the term of office under sub-section (1) of any judge of the Supreme Court of Sarawak, North Borneo and Brunei who becomes a judge of the High Court in Borneo under that sub-section shall be such fixed period, whether or not expiring after he attains the age of sixty-five, as may have been notified to him before Malaysia Day by or with the authority of the Federal Government.


 * (5) Subject to sub-section (4) a person becoming judge of the Federal Court or a High Court under sub-section (1) (including the Lord President or a Chief Justice) shall hold that office on terms and conditions not less favourable than those applicable to him in the office he holds immediately before Malaysia Day.


 * (6) A person becoming judge of a High Court under sub-section (1) shall not be transferred to another High Court under Article 122C of the Constitution except with his consent.


 * 90. (1) In Article 123 of the Constitution, in relation to a period before Malaysia Day—


 * (a) the reference in paragraph (b) to an advocate of the Federal Court and High Courts or of any of those courts shall be construed as a reference to an advocate of the Supreme Court of the Federation, of the Supreme Court of Sarawak, North Borneo and Brunei or of the Supreme Court of Singapore; and