Article 125

Subject to the provisions of Clauses (2) to (5), a judge of the Federal Court shall hold office until he attains the age of sixty-six years or such later time, not being later than six months after he attains that age, as the Yang di-Pertuan Agong may approve.

A judge of the Federal Court may at any time resign his office by writing under his hand addressed to the

Yang di-Pertuan Agong but shall not be removed from office except in accordance with the following provisions of this Article.

If the Prime Minister, or the Chief Justice after consulting the Prime Minister, represents to the Yang di-Pertuan Agong that a judge of the Federal Court ought to be removed on the ground of any breach of any provision of the code of ethics prescribed under Clause (3b) or on the ground of inability, from infirmity of body or mind or any other cause, properly to discharge the functions of his office, the Yang di-Pertuan Agong shall appoint a tribunal in accordance with Clause (4) and refer the representation to it; and may on the recommendation of the tribunal remove the judge from office.

Where a judge has committed a breach of any provisions of the code of ethics prescribed under Clause (3b) but the

Chief Justice is of the opinion that the breach does not warrant the judge being referred to a tribunal appointed under Clause (4), the Chief Justice may refer the judge to a body constituted under federal law to deal with such breach.

The Yang di-Pertuan Agong on the recommendation of the Chief Justice, the President of the Court of Appeal and the Chief Judges of the High Courts may, after consulting the

Prime Minister, prescribe in writing a code of ethics which shall also include provisions on the procedure to be followed and sanctions which can be imposed other than the removal of a judge from office under Clause (3), in relation to a breach of any provision of the code of ethics.

The code of ethics prescribed under Clause (3b) shall be observed by every judge of the Federal Court and every judicial commissioner.

118

[Article 125]

Federal Constitution

Art. 125

Clause (1)

a. Act 14/1962, section 32, in force from 21-06-1962, substituted the words “the provisions of Clauses (2) to (5)” for the words “the following provisions of this Article”.

b. Act 26/1963, paragraph 22(2)(a), in force from 16-09-1963, substituted the words

“Federal Court” for the words “Supreme Court”.