Section 8A

On receiving any representations from a Judge under subsection (1), the Chief Justice may constitute, in consultation with

Judges’ Remuneration 13

the Director General of Medical Services, a board of not less than three

Medical Officers who have served for not less than ten years in the public service and of whom at least one is a person possessing specialist qualification in the branch of medicine relevant to the ill-health of the Judge concerned, to inquire into and report to the Chief

Justice as to the health of the said Judge.

Upon receipt of the report of such board of Medical Officers, the Chief Justice may, if satisfied that it would be in the interests of judicial administration that such Judge be granted permission to retire, recommend to the Prime Minister that permission be so granted to the said Judge; and the Prime Minister may thereupon submit the matter to the Yang di-Pertuan Agong who shall refer the same to a tribunal appointed by him in accordance with Clause (4) of Article 125 of the

Constitution for its recommendations.

The Yang di-Pertuan Agong may on the recommendations of the tribunal grant such permission and approve the retirement.

Where the Chief Justice desires to retire from the office of Chief

Justice on grounds of ill-health, the foregoing subsections shall not apply, but the Prime Minister may, after such reference as he may deem fit to make, submit the facts to the Yang di-Pertuan Agong who shall refer the matter to a tribunal appointed by him in accordance with

Clause (4) of Article 125 of the Constitution for its recommendations;

and the Yang di-Pertuan Agong may on the recommendations of the tribunal approve the retirement.

Retirement on special ground