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15 (10) The retiring age for Judges of the supreme Court and the High Courts should be 65, subject to extension for up to six months in the case of a particular Judge as provided in Clause 125(1) of the Federal Constitution.

(11) The provisions of Article 125(3) of the Federal Constitution should apply to the removal of Judges of the supreme Court and Judges of the High Courts.

(12) Article 125(5) of the Federal Constitution should be amended so as to provide that— (a) the Chief Justice of Malaysia may be suspended by the Yang di-Pertuan Agong upon the recommendation of the Prime Minister,

(b) other Chief Justices and other Judges of the supreme Court may be suspended by the Yang di-Pertuan Agong on the recommendation of the Prime Minister after consulting the Chief Justice of Malaysia; and

(c) Puisne Judges of the High Courts may be suspended by the Yang di-Pertuan Agong on the recommendation of the Prime Minister after consulting the Chief Justice of the High Court concerned.

(13) The Federal Constitution should enable the Yang di-Pertuan Agong on the recommendation of the Chief Justice of Malaysia, after consulting the Chief Justice of the High Courts concerned, to transfer a Puisne Judge from one High Court to another. This power should, however, only be exercisable with the consent of the Judge concerned in the case of a Judge serving on Malaysia Day.

(14) Appointments of acting Judges of a High Court should be made in the same way as substantive appointments.

(15) The Federal Constitution should contain provision enabling Judicial Commissioners to be appointed in the Borneo States on the lines of the existing section 10 (i)(b) of the Sarawak, North Borneo and Brunei (Courts) Order in Council subject to the following two modifications:— (a) there should be two methods for the appointment of Judicial Commissioners—
 * (i) by the Yang di-Pertuan Agong on the advice of the Chief Justice of Malaysia; and
 * (ii) by the Head of State of North Borneo or Sarawak on the advice of the Chief Justice of the High Court; and

(b) Judicial Commissioners should be appointed only from among persons qualified under Section 4(1) of the Advocates Ordinances of North Borneo and Sarawak to practise as advocates before the High Court.

(16) The Federal Constitution should provide that the provisions establishing the High Court of the Borneo States and providing for the appointment and removal of Judges and for the Court's jurisdiction may not be repealed or amended without the concurrence of the Governments of the Borneo States.

(17) The Chief Justice of each High Court would be responsible to the Federal Ministry for the administration of his Court, on the understanding that the Registrar of the supreme Court would be the channel of communication between the High Courts and the Ministry.





27. Public Service

(1) The Federal Constitution should be modified as necessary in its application to each of the Borneo States to secure that the qualifications (including language) normally required in Malaya for candidates for appointment in each Division of the Federal Public Service may be adjusted in relation to the Borneo States so as to permit the acceptance of the qualifications in force in those States on Malaysia Day. An assurance would be given that they would be so adjusted until such time as, after consultation with the State Government, the Federal Government was satisfied that a sufficient number of candidates from that State was available with the standard qualifications under the Federal schemes of service.

(2) The Federal Constitution should provide for the establishment for a minimum period of five years of two separate branches of the Federal Public Service Commission, one in North Borneo and one in Sarawak. Each branch should have jurisdiction over members of the Federal public services in the State concerned who would otherwise be under the jurisdiction of the Federal