Page:Agreement relating to Malaysia (1963).djvu/64






 * (2) A person who immediately before Merdeka Day was a member of the judicial and legal service of the Federation, or immediately before Malaysia Day was a member of the judicial and legal branch of the public service of Brunei, North Borneo, Sarawak or Singapore, and who, if he were a citizen, would be qualified for appointment as a judge of the Federal Court or a High Court, shall be so qualified notwithstanding that he is not a citizen.


 * (3) A person may be appointed to be a judge of the Federal Court or of a High Court notwithstanding that he is not qualified for appointment under Article 123 of the Constitution if—


 * (a) the appointment is made within ten years of Merdeka Day or, in the case of an appointment to the High Court in Borneo or in Singapore, within ten years of Malaysia Day ; and


 * (b) he is and has been for not less than five years qualified to practise as an advocate of a court in any Commonwealth country having unlimited jurisdiction in civil or criminal matters.


 * (4) A person appointed a judge by virtue of sub-section (3) may be appointed for a fixed period, whether or not expiring after he attains the age of sixty-five.


 * (5) Where a person who is not a citizen is required by the Constitution to take an oath on becoming Lord President of the Federal Court or on becoming a judge of the Federal Court or of a High Court, the words " and allegiance " shall be omitted from the oath.


 * 91. Where a judge of the Supreme Court of Sarawak, North Borneo and Brunei, or a compensable member of the State service of a Borneo State (within the meaning of section 83) becomes a judge of the Federal Court or of a High Court, then—


 * (a) for the purposes of any compensation (within the meaning of that section), or pension, gratuity or other like allowance, payable to or in respect of him, he shall be treated as if he had while serving as a Judge of the Federal Court or of a High Court remained a member of the same service as immediately before Malaysia Day ; and


 * (b) no such pension, gratuity or allowance becoming payable by the Federal Government on or by reference to his ceasing (whether by death or retirement) to be such a judge shall be withheld, suspended or reduced in the exercise of any discretion conferred by the law relating thereto.


 * 92. (1) Subject to subsections (2) and (3), all persons who immediately before Malaysia Day hold any office in the Supreme Court of the Federation (not being judges of the Court) and, if seconded to the public service of the Federation, all persons who immediately before that day hold any office hi the Supreme Court of Sarawak,