(5) A judge of the Supreme Court or the District Court shall be removed from
office by the Governor by instrument under the Public Seal if the question of
his removal from office has, at the request of the Governor made in pursuance
of paragraph (6) of this Article, been referred by Us to the Judicial
Committee of the Privy Council under section 4 of the Judicial Committee Act
1833 (1833 c. 41 U.K.) or any other enactment enabling Us in that behalf, and
the Judicial Committee has advised Us that the judge ought to be removed from
office for inability as aforesaid or for misbehaviour.
(6) If the Governor considers that the question of removing a judge of the
Supreme Court or the District Court from office for inability as aforesaid or
for misbehaviour ought to be investigated, then-
(a) the Governor shall, by instrument under the Public Seal (which he may
vary or revoke by another such instrument), appoint a tribunal, which
shall consist of a Chairman and not less than two other members
selected by the Governor from among judges who hold or have held
office as judge of a court having unlimited jurisdiction in any part
of the Commonwealth or a court having jurisdiction in appeals from any
such court;
(b) the tribunal shall enquire into the matter and report on the facts
thereof to the Governor and recommend to the Governor whether he
should request that the question of the removal of the judge should be
referred by Us to the Judicial Committee; and
(c) if the tribunal so recommends, the Governor shall request that the
question should be referred accordingly.
(7) If the question of removing a judge of the Supreme Court or the District
Court from office has been referred to a tribunal appointed under paragraph
(6) of this Article, the Governor may suspend the judge from performing the
functions of his office.
(8) Any such suspension may at any time be revoked by the Governor and shall
in any case cease to have effect-
(a) if the tribunal recommends to the Governor that he should not request
that the question of the removal from office of the judge should be
referred by Us to the Judicial Committee; or
(b) if the Judicial Committee advises Us that the judge ought not to be
removed from office. (Replaced on 3 May 1976) "retiring age"
ARTICLE XVII – Acting Governor
1) During any period when the office of Governor is vacant or the holder thereof is absent from the Colony or is for any other reason unable to perform the functions of his office, those functions shall, during Our pleasure, be assumed and performed by-
