JUDICIAL APPOINTMENTS COMMISSION ACT 2009

Judicial Appointments Commission LAWS OF MALAYSIA REPRINT Act 695 JUDICIAL APPOINTMENTS COMMISSION ACT 2009 As at 1 September 2019 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2019 1 2 Laws of Malaysia Act 695 JUDICIAL APPOINTMENTS COMMISSION ACT 2009 Date of Royal Assent … … … 6 January 2009 Date of publication in the Gazette … … … 8 January 2009 Latest amendment made by Act A1383 which came into operation on … … … … 1 November 2010 Judicial Appointments Commission LAWS OF MALAYSIA Act 695 JUDICIAL APPOINTMENTS COMMISSION ACT 2009 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title, commencement and application 2. Upholding independence of judiciary 3. Interpretation Part II ESTABLISHMENT OF THE JUDICIAL APPOINTMENTS COMMISSION 4. Establishment of the Judicial Appointments Commission 5. Constitution of the Commission 6. Tenure of office 7. Allowances 8. Temporary exercise of functions of Chairman 9. Revocation of appointment and resignation 10. Vacation of office 11. Disclosure of interest 12. Protection from personal liability 13. Meetings 14. Minutes 3 4 Laws of Malaysia Act 695 Section 15. Validity of acts and proceedings 16. Procedure 17. Member of Commission to devote time to business of Commission 18. Committees 19. Secretary to the Commission 20. Officers and servants of the Commission Part III FUNCTIONS AND POWERS OF THE COMMISSION 21. Functions and powers of the Commission Part IV SELECTION TO THE OFFICE OF THE CHIEF JUSTICE OF THE FEDERAL COURT, THE PRESIDENT OF THE COURT OF APPEAL, THE CHIEF JUDGES OF THE HIGH COURTS, JUDGES OF THE FEDERAL COURT, COURT OF APPEAL, HIGH COURTS AND JUDICIAL COMMISSIONERS 22. Selection process 23. Selection criteria 24. Selection meeting 25. Disqualification from selection meeting 26. Report on recommendation 27. Request for further selection by the Prime Minister 28. Tender of advice 29. Judicial commissioners may apply to be High Court judges Part V GENERAL 30. Regulations 31. Annual report 32. Obligation of secrecy Judicial Appointments Commission Section 33. Giving false information to the Commission 34. Influencing or attempting to influence the Commission 35. Institution and conduct of prosecution 36. Public servant 37. Prevention of difficulties or anomalies 5 6 Laws of Malaysia Act 695 Judicial Appointments Commission 7 LAWS OF MALAYSIA Act 695 JUDICIAL APPOINTMENTS COMMISSION ACT 2009 An Act to provide for the establishment of the Judicial Appointments Commission in relation to the appointment of judges of the superior courts, to set out the powers and functions of such Commission, to uphold the continued independence of the judiciary, and to provide for matters connected therewith or incidental thereto. [2 February 2009, P.U. (B) 43/2009] ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title, commencement and application 1. (1) This Act may be cited as the Judicial Appointments Commission Act 2009. (2) This Act comes into operation on a date to be appointed by the Prime Minister by notification in the Gazette. (3) This Act applies to the appointments of judges of the Federal Court, Court of Appeal and High Court and judicial commissioners and shall include the appointments of the Chief Justice of the Federal Court, the President of the Court of Appeal, the Chief Judge of the High Court in Malaya and the Chief Judge of the High Court in Sabah and Sarawak made on or after the commencement of this Act. 8 Laws of Malaysia Act 695 Upholding independence of judiciary 2. The Prime Minister must uphold the continued independence of the judiciary and must have regard to— (a) the need to defend that independence; (b) the need for the judiciary to have the support necessary to enable them to exercise their functions; (c) the need for public interest to be properly represented in regard to matters relating to the judiciary, the administration of justice and related matters. Interpretation 3. In this Act, unless the context otherwise requires— “member of the Commission” means the person appointed under section 5; “judges of the superior courts” means judicial commissioners, judges of the High Court, Court of Appeal and Federal Court and shall include the Chief Justice of the Federal Court, the President of the Court of Appeal, the Chief Judge of the High Court in Malaya and the Chief Judge of the High Court in Sabah and Sarawak; “superior courts” means the Federal Court, the Court of Appeal, the High Court in Malaya and the High Court in Sabah and Sarawak except where expressly stated otherwise; “selection meeting” means a meeting called to consider the selection of persons qualified to fill a vacancy in the superior court; “Chairman” means the Chairman of the Commission; “Secretary” means the Secretary to the Commission; “Commission” means the Judicial Appointments Commission. Judicial Appointments Commission 9 Part II ESTABLISHMENT OF THE JUDICIAL APPOINTMENTS COMMISSION Establishment of the Judicial Appointments Commission 4. The Judicial Appointments Commission is established. Constitution of the Commission 5. (1) The Commission shall consist of the following members: (a) the Chief Justice of the Federal Court who shall be the Chairman; (b) the President of the Court of Appeal; (c) the Chief Judge of the High Court in Malaya; (d) the Chief Judge of the High Court in Sabah and Sarawak; (e) a Federal Court judge to be appointed by the Prime Minister; and (f) four eminent persons, who are not members of the executive or other public service, appointed by the Prime Minister after consulting the Bar Council of Malaysia, the Sabah Law Association, the Advocates Association of Sarawak, the Attorney General of the Federation, the Attorney General of a State legal service or any other relevant bodies. (2) The appointment of members of the Commission and the duration of the appointment shall be published in the Gazette. Tenure of office 6. (1) Members of the Commission appointed under paragraphs 5(1)(e) and (f) shall hold office for a period of two years and are eligible for reappointment but no member shall hold office for more than two terms. 10 Laws of Malaysia Act 695 (2) A member of the Commission appointed under paragraph 5(1)(f) shall be disqualified from consideration for any appointment to the superior court during the tenure of his office as a member and for a term of two years after the cessation of his appointment as a member of the Commission. Allowances 7. The members of the Commission shall be paid such allowances as the Prime Minister may determine. Temporary exercise of functions of Chairman 8. (1) The President of the Court of Appeal shall act as the Chairman of the Commission for the period when— (a) the office of the Chairman is vacant; (b) the Chairman is absent from duty or from Malaysia; or (c) the Chairman is, for any other reason, unable to perform his functions. (2) The President of the Court of Appeal shall, during the period in which he is performing the function of the Chairman under this section, be deemed to be the Chairman of the Commission. Revocation of appointment and resignation 9. (1) The appointment of any member appointed under paragraph 5(1)(f) may at any time be revoked by the Prime Minister without assigning any reason therefor. (2) A member appointed under paragraph 5(1)(f) may at any time resign his office by a written notice addressed to the Prime Minister. Vacation of office 10. (1) The office of a member of the Commission shall be vacated if— (a) he dies; Judicial Appointments Commission 11 (b) there has been proved against him, or he has been convicted of, a charge in respect of— (i) an offence involving fraud, dishonesty or moral turpitude; (ii) an offence under any law relating to corruption; or (iii) any other offence punishable with imprisonment (in itself only or in addition to or in lieu of a fine) for more than two years; (c) he becomes a bankrupt; (d) he is of unsound mind or is otherwise incapable of discharging his duties; (e) he absents himself from three consecutive meetings of the Commission without leave of the Chairman or, in the case of the Chairman, without leave of the Prime Minister; (f) his appointment is revoked by the Prime Minister; or (g) his resignation is accepted by the Prime Minister. (2) Where the office of a member of the Commission is vacated pursuant to subsection (1), the Prime Minister may appoint any person he deems fit to fill up the vacancy thereby created for the remainder of the term vacated by the member or for the interim period until a new person is appointed to the office or the position held by that member prior to his vacating the office or position. (3) Any period of appointment made under subsection (2) shall not be taken into consideration in the reckoning of the period of appointment specified in section 6. Disclosure of interest 11. (1) Any member of the Commission related or connected to any candidate being considered for selection shall disclose to the Commission his relationship to the candidate. 12 Laws of Malaysia Act 695 (2) A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Commission in which the matter is discussed or deliberated and, after the disclosure, the member— (a) shall not be present in any discussion or deliberation, or decision of the Commission when the matter is discussed or deliberated, or decided upon; and (b) shall be disregarded for the purpose of constituting a quorum of the Commission when the matter is discussed or deliberated, or decided upon. (3) For the purpose of this section— “related”, in relation to a member of the Commission, means— (a) a spouse or former spouse of the member of the Commission; (b) a brother or sister of the member of the Commission; (c) a brother or sister of a spouse or a former spouse of the member of the Commission; (d) a lineal ascendant or descendant of the member of the Commission; (e) a lineal ascendant or descendant of a spouse or a former spouse of the member of the Commission; (f) a spouse or a former spouse of any person referred to in paragraph (b), (c), (d) or (e); (g) a lineal descendant of a person referred to in paragraph (b), (c) or (f); (h) an uncle, aunt or a cousin of the member of the Commission, or an uncle, aunt or a cousin of a spouse or a former spouse of the member of the Commission; or (i) a lineal ascendant or descendant of the person referred to in paragraph (h); Judicial Appointments Commission 13 “connected”, in relation to a member of the Commission, means— (a) a person who is a nominee of the member of the Commission; (b) a partner of the member of the Commission; (c) a former partner of the member of the Commission; (d) a spouse of a partner or former partner of the member of the Commission; (e) a former spouse of a partner or former spouse of a former partner of the member of the Commission; (f) a person practising in a firm in which the member of the Commission or his nominee— (i) is a partner; (ii) is a person in charge or in control of its business or affairs; (iii) is a consultant; or (iv) is employed; (g) a person who is a director in any corporation in which the member of the Commission or his nominee— (i) is a director; or (ii) is in charge of or in control of its business or affairs or has or have a controlling interest or shares to the total value of not less than thirty per centum of the total issued capital of the corporation; or (h) a trustee of a trust under which the member of the Commission or the member’s family is a beneficiary. 14 Laws of Malaysia Act 695 (4) Any member of the Commission who fails to disclose his interest as required under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred t