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(5) The High Court of the Borneo States should consist of a Chief Justice and not less than four nor, unless the Federal Parliament enacts a law increasing the maximum number, more than eight Puisne Judges.
(6) Each of the High Courts should have—
(a) unlimited original jurisdiction in the State or States for which it is established except matters within the exclusive original jurisdiction of the surpeme Court, and
(b) such appellate and revisional jurisdiction over inferior Courts in that State or States as may be provided by Federal Law
(7) The domicile of the High Court of the Borneo States should be in such centre in the Borneo States as may be convenient.
(8) As regards appointment of Judges of the supreme Court and the High Courts—
(a) the Chief Justice of Malaysia should be appointed by the Yang di-Pertuan Agong after consulting the Conference of Rulers on the advice of the Prime Minister of Malaysia;
(b) the Chief Justice of the High Court of the Borneo States should be appointed by the Yang di-Pertuan Agong after consulting the Conference of Rulers, on the advice of the Prime Minister of Malaysia, who would be required before tendering his advice to consult the Chief Justice of Malaysia, the Chief Justices of the High Courts and the Chief Ministers of the Borneo States;
(c) the permanent Judges of the supreme Court should be appointed by the Yang di-Pertuan Agong after consulting the Conference of Rulers, on the advice of the Prime Minister of Malaysia, who would be required before tendering his advice to consult the Chief Justice of Malaysia and the Chief Justices of the High Courts;
(d) the Puisne Judges of the High Court of the Borneo States should be appointed by the Yang di-Pertuan Agong after consulting the Conference of Rulers on the advice of the Prime Minister, who would be required before tendering his advice to consult the Chief Justice of Malaysia and the Chief Justice of the Borneo States; and
(e) the consultation by the Prime Minister with the Chief Justices would be direct
(9) The qualifications for appointment as a Judge of the supreme Court or any of the High Courts should be as provided in the existing Federal Constitution subject to—
(a) provision on the lines of Article 174(1) for the continuance in office[1] as Judges of the High Court of the Borneo States of existing members of the unified Judiciary in the Borneo States notwithstanding anything in Article 123,
(b) provision applying Article 123 (b) to advocates of the future High Courts and of the existing Supreme Courts of Singapore and of Sarawak, North Borneo and Brunei and to members of any of the existing judicial and legal services in Singapore or the Borneo States;
(c) provision additional to, but on the lines of Article 174 (3)[2] with the substitution of a reference to Malaysia Day for the reference to Merdeka Day and a reference to the existing judicial and legal services in Singapore or the Bomeo States for the reference to the judicial and legal service of the Federation; and
(d) provision additional to, but on the lines of Article 174 (4)[3] should be made referable to Malaysia Day but applicable only to the appointment of a Judge of the High Court of the Borneo States.
- ↑ to permit the continuance in office of these Judges their eligibility of full compensation payable by instalments should be preserved and they would remain designated officers under the Overseas Service Aid Scheme.
- ↑ This dispenses with the citizenship requirement of Article 123 in the case of a person who was a member of the judicial and legal service of the Federation immediately before Merdeka Day.
- ↑ This enables an appointment to be made within ten years after Merdeka Day of a person who is not qualified under Article 123, if he is and has been for not less than five years an advocate of a superior court in any Commonwealth country; and enables such an appointment to be made for a fixed period.
