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Judges' Ethics Committee Act 2010 [Act 703]

Part II

JUDGES' ETHICS COMMITTEE

3 Constitution of the Committee

There shall be constituted a committee by the name of "Judges' Ethics Committee".

4 Jurisdiction of the Committee

The Committee shall have jurisdiction in matters relating to the conduct and discipline of all judges other than the removal of a judge from office under Clause (3) of Article 125 of the Federal Constitution.

5 Membership of the Committee

(1) The Committee shall be in odd numbers and shall consist of persons who hold or have held office as the President of the Court of Appeal, Chief Judge of the High Court in Malaya, Chief Judge of the High Court in Sabah and Sarawak, judge of the Federal Court, the Court of Appeal or a High Court as the Chief Justice of the Federal Court thinks fit to appoint.

(2) The Chief Justice of the Federal Court shall be the Chairman of the Committee, unless he is the complainant, in which case the next senior judge shall be the Chairman.

(3) The appointment of the members of the Committee shall be on an ad hoc basis.

(4) Notwithstanding any provisions of this Act, the members of the Committee shall comprise judges who are senior in the order of precedence to the judge who is the subject of a disciplinary proceeding.

6 Substitute member

(1) Where the Chairman is unable, through illness or for any other reason, to attend a disciplinary proceeding, the next senior serving judge in the Committee shall be the Chairman, and the Chief Justice of the Federal Court shall appoint another judge in place of that senior judge.

(2) Where any member of the Committee is unable, through illness or for any other reason, to attend a disciplinary proceeding, the Chief Justice of the Federal Court shall appoint another judge in place of that member.

(3) A member of the Committee appointed under subsection (1) or (2) shall be a judge who is senior in the order of precedence to the judge who is the subject of a disciplinary proceeding.

7 Principles and procedure

In the exercise of its functions under this Act, the Committee shall abide by the principles and procedures set out in this Act and the Code of Ethics.

8 Proceedings in camera

The proceedings of the Committee shall be in camera.

9 Enquiry

(1) The proceedings of the Committee shall not be a trial but an enquiry as regards the breach of any provisions of the Code of Ethics committed by a judge referred to it by the Chief Justice of the Federal Court.

(2) The Evidence Act 1950 [Act 56] shall not apply to proceedings of the Committee.

10 Disclosure of interest

(1) If the Chairman or any member of the Committee has a direct or indirect interest in any disciplinary proceeding, he shall disclose to the Committee the fact of his interest and the nature of that interest.

(2) A disclosure under subsection (1) shall be recorded in the minutes of the proceeding in which the disclosure was made and, after the disclosure, the Chairman or the member shall not take part in the deliberation or decision of the Committee.

11 Meetings of the Committee

The Committee shall meet on such dates and at such places and times as the Chairman may determine.

12 Quorum

The Chairman and not less than two members of the Committee shall form the quorum for every proceedings of the Committee.


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