Section 89
Continuance in office of existing judges
of Malaysia Act
(a)
the Chief Justice of the Federation shall become Lord
President of the Federal Court, the Chief Justice of
Sarawak, North Borneo and Brunei shall become Chief
Justice of the High Court in Borneo and the Chief
Justice of Singapore shall become Chief Justice of the
High Court in Singapore;
(b)
the judges of the Court of Appeal of the Federation shall become judges of the Federal Court;
(c)
the other judges shall become respectively judges of the
High Courts in Malaya, in Borneo and in Singapore according to the place in which they were judges before
Malaysia Day.
(2)
The first Chief Justice of the High Court in Malaya shall be appointed from among the persons holding office immediately before Malaysia Day as judges of the Supreme Court of the
Federation, and if a judge of the Court of Appeal is appointed, subsection (1) shall have effect subject to that appointment and to any appointment made in consequence of it.
(3)
In connection with any such appointment as is mentioned in subsection (2), any requirement of Article 122b of the Constitution as to consultation with the Lord President of the Federal Court or a Chief Justice may be satisfied by consultation with the person designated or appointed under this section to hold that office.
(4)
The term of office under subsection (1) of a judge who immediately before Malaysia Day held his then office for a fixed term shall not expire before the end of that term; and, subject to that, the term of office under subsection (1) of any judge of the
Supreme Court of Sarawak, North Borneo and Brunei who becomes a judge of the High Court in Borneo under that subsection shall be such fixed period, whether or not expiring after he attains the age of sixty-five, as may have been notified to him before
Malaysia Day by or with the authority of the Federal Government.
Act 26/1963
(5)
Subject to subsection (4) a person becoming judge of the
Federal Court or a High Court under subsection (1) (including the Lord President or a Chief Justice) shall hold that office on terms and conditions not less favourable than those applicable to him in the office he holds immediately before Malaysia Day.
(6)
A person becoming judge of a High Court under subsection (1)
shall not be transferred to another High Court under Article 122c of the Constitution except with his consent.