Laws of MALAYSIA _ _ _ _ _ _ _ _ _ _ _ _ _ ONLINE VERSION of the PRINT TEXT that UPDATE _ _ _ _ _ _ _ _ _ _ _ _ _ Act 703 JUDGES ETHICS COMMITTEE ACT 2010 As at 1 August 2015 2 JUDGES ETHICS COMMITTEE ACT 2010 date of Assent......... January 6, 2010 the date of publication in the Gazette......... January 14, 2010 laws of MALAYSIA Act 703 JUDGES ETHICS COMMITTEE ACT 2010 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Interpretation part II 3 JUDGE ETHICS COMMITTEE. Establishment of 4. The terms of reference 5. Membership of the Committee 6. Alternate member 7. Principles and procedures 8. Proceedings in closed 9. Investigation 10. Disclosure of interest 11. Meeting of the Committee 12. Quorum 13. The postponement of the hearing before the Committee 14. Records and minutes of proceedings 15. Decision of the Committee 5 laws of MALAYSIA Act 703 JUDGES ETHICS COMMITTEE ACT 2010 an act to establish the Ethics Committee judges and to provide for its functions and powers and for other matters connected therewith.
[11 March 2010]
Enacted by the Parliament of Malaysia as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the Judges Ethics Committee Act 2010.
(2) of this Act come into force on such date as the Minister may, by notification in the Gazette.
Interpretation 2. In this Act, unless the context otherwise requires — "judge" means a judge of the High Court, Court of appeal and the Federal Court judge, and includes judicial Commissioner;
6 laws of Malaysia ACT 703 "Committee" means the Committee of ethics of judges established under section 3;
"Code of conduct" means the code of ethics prescribed under clause (3B) Article 125 of the Constitution;
"violation" means a violation of any provision of the code of ethics;
"Chairman" means the Chairman of the Committee appointed under section 5.
PART II establishment of JUDGES ETHICS COMMITTEE 3. Shall be established a Committee with the name of "ethical Committee of Judges".
The terms of reference 4. The Committee shall have jurisdiction in matters relating to conduct and discipline all judges other than the dismissal of a judge from his post under clause (3) of article 125 of the Constitution.
Membership of the Committee 5. (1) the Committee shall be odd in number and shall consist of persons in Office or who had served as the President of the Court of appeal, Chief Judge of the High Court in Malaya, the Chief Judge of the High Court in Sabah and Sarawak, the judge of the Federal Court, the Court of appeal or the High Court as 7 Judge Ethics Committee think fit Chief Justice of the Federal Court to be appointed.
(2) the Chief Justice of the Federal Court shall be the Chairman of the Committee, unless he was the complainant, in which case, the next senior judge shall be the Chairman.
(3) appointment of members of the Committee shall be on the basis of ad hoc.
(4) Notwithstanding any provision of this Act, the members of the Committee shall consist of senior judge in priority to the judge who is the subject of a disciplinary proceeding.
Members of the spare parts 6. (1) if the Chairman is unable to attend the disciplinary proceedings due to illness or for any other reason, the next senior judge who sits on the Committee shall be the Chairman, and the Chief Justice of the Federal Court shall appoint a judge as successor of the senior judge.
(2) if any member of the Committee is unable to attend disciplinary proceedings due to illness or for any other reason, the Chief Justice of the Federal Court shall appoint at least one other judge as a substitute to the Member.
(3) a member of the Committee appointed under subsection (1) or (2) shall be a senior judge in priority to the judge who is the subject of the disciplinary proceedings.
Principles and procedures 7. In carrying out its functions under this Act, the Committee 8 laws of Malaysia ACT 703 shall comply with the principles and procedures set out in this Act and the code of ethics.
Proceedings in closed 8. The proceedings of the Committee shall confidentially.
Investigation 9. (1) Committee Proceeding is not a trial but an inquiry about a breach of any provision of this code of ethics committed by a judge who referred to it by the Chief Justice of the Federal Court.
(2) Evidence Act 1950 [Act 56] shall not apply to the proceedings of the Committee.
Disclosure of interest 10. (1) if the Chairman or any member of the Committee have any interest directly or indirectly in any disciplinary proceeding, he shall disclose to the fact his interest and the interest of the type.
(2) a disclosure under subsection (1) shall be recorded in the minutes of proceeding in which disclosure is made and, after the disclosure, the Chairman or the Member cannot participate in the deliberation or decision of the Committee.
Meeting of the Committee 11. The Committee shall meet on the date and at any place and at any time as determined by the Chairman.
9 Judge Ethics Committee a quorum of 12. The Chairman and not less than two members of the Committee shall form a quorum for every Committee proceedings.
The postponement of the hearing before the Committee 13. (1) the Committee may adjourn the hearing from time to time.
(2) no notice of postponement of writing is required to be given to either party when the delay is made in the presence of the parties.
Records and minutes of proceedings 14. The Chairman shall ensure that the records and minutes of proceedings of the Committee maintained and stored in a proper form.
Decision of the Committee 15. (1) if the Committee is not unanimous in any question or matter to be determined in the decision of the majority shall be deemed to be the decision of the Committee.
(2) the Committee shall ensure that the results in any disciplinary proceeding diberitahukan in writing
to the judge who is the subject of the disciplinary proceedings.
(3) Notwithstanding any provision in any other written law, the decision of the Committee shall be final and conclusive and shall not be challenged, dirayukan, revised, cancelled or questioned in any court for any reason, and no court can have jurisdiction to entertain or determine any suit, the application, the 10 laws of Malaysia ACT 703 issue or proceeding for any reason about the validity of such decision.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 11 laws of MALAYSIA Act 703 ETHICS COMMITTEE ACT 2010 JUDGE LIST AMENDMENT of laws that amend the short title effect from-No-12 laws of MALAYSIA Act 703 ETHICS COMMITTEE ACT 2010 JUDGE LIST SECTION AMENDED Section Power amend with effect from-no-