Section 90
Temporary provisions as to qualifications of judges
of Malaysia Act
(a)
the reference in paragraph (b) to an advocate of the
Federal Court and High Courts or of any of those courts shall be construed as a reference to an advocate of the
Supreme Court of the Federation, of the Supreme Court of Sarawak, North Borneo and Brunei or of the Supreme
Court of Singapore; and
(b)
the reference to the legal service of a State shall include a reference to the judicial and legal branch of the public service of the Government of North Borneo, Sarawak or Singapore.
(2)
A person who immediately before Merdeka Day was a member of the judicial and legal service of the Federation, or immediately before Malaysia Day was a member of the judicial and legal branch of the public service of North Borneo, Sarawak or Singapore, and who, if he were a citizen, would be qualified for appointment as a judge of the Federal Court or a High Court, shall be so qualified notwithstanding that he is not a citizen.
(3)
A person may be appointed to be a judge of the Federal
Court or of a High Court notwithstanding that he is not qualified for appointment under Article 123 of the Constitution if—
(a)
the appointment is made within ten years of Merdeka Day or, in the case of an appointment to the High Court in
Borneo or in Singapore, within ten years of Malaysia Day;
and
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(b)
he is and has been for not less than five years qualified to practise as an advocate of a court in any Commonwealth country having unlimited jurisdiction in civil or criminal matters.
(4)
A person appointed a judge by virtue of subsection (3) may be appointed for a fixed period, whether or not expiring after he attains the age of sixty-five.
(5)
Where a person who is not a citizen is required by the
Constitution to take an oath on becoming Lord President of the
Federal Court or on becoming a judge of the Federal Court or of a High Court, the words “and allegiance” shall be omitted from the oath.
Pensions of certain judges from Borneo States