PRELIMINARY
Short title and commencement
/akn/my/act/act/2010/703
*JUDGES' ETHICS COMMITTEE ACT 2010
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- Type
- Act
- Status
- In force
- Enacted
- 2010
- Sections
- 15
- Languages
- MS · EN
Quick answer
About this act
*JUDGES' ETHICS COMMITTEE ACT 2010 is Malaysia Act, cited as Act 703 2010, currently marked in force and first recorded in 2010.
Opening note
Preamble
- An Act to establish a Judges’ Ethics Committee and to provide for its functions and powers and for other matters connected therewith. [4 March 2010] ENACTED by the Parliament of Malaysia as follows:
Part I
PART I
Section 1
(2)
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
Interpretation
Section 2
In this Act, unless the context otherwise requires—
“judge” means a judge of the High Court, a judge of the Court of
Appeal and a judge of the Federal Court, and includes a Judicial
Commissioner;
“Committee” means the Judges’ Ethics Committee constituted under section 3;
6 Laws of Malaysia ACT 703
“Code of Ethics” means the code of ethics prescribed under Clause (3B)
of Article 125 of the Federal Constitution;
“breach” means the breach of any provisions of the Code of Ethics;
“Chairman” means the Chairman of the Committee appointed under section 5.
Part II
PART II
Constitution of the Committee
Section 3
There shall be constituted a committee by the name of “Judges’
Ethics Committee”.
Section 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.
Section 5
Membership of the Committee
(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.
Judges’ Ethics Committee 7
(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.
Substitute member
Section 6
(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.
Principles and procedure
Section 7
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.
Section 8
Proceedings in camera
The proceedings of the Committee shall be in camera.
8 Laws of Malaysia ACT 703
Section 9
Enquiry
(2)
The Evidence Act 1950 [Act 56] shall not apply to proceedings of the Committee.
Disclosure of interest
Section 10
(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.
Meetings of the Committee
Section 11
The Committee shall meet on such dates and at such places and times as the Chairman may determine.
Section 12
Quorum
The Chairman and not less than two members of the Committee shall form the quorum for every proceedings of the Committee.
Section 13
Adjournment of hearing before the Committee
(2)
No written notice of an adjournment is required to be given to any party when the adjournment is made in the presence of that party.
Records and minutes of proceedings
Section 14
Judges’ Ethics Committee 9
The Chairman shall cause the records and minutes of proceedings of the Committee to be maintained and kept in a proper form.
Section 15
Decision of the Committee
(2)
The Committee shall ensure that its decision in any disciplinary proceeding is communicated 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, appealed against, reviewed, quashed or called in question in any court on any ground, and no court shall have jurisdiction to entertain or determine any suit, application, question or proceeding on any ground regarding the validity of such decision.
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10
Act 703
LIST OF AMENDMENTS
Amending law
Short title
In force from
- NIL -
11
Act 703
LIST OF SECTIONS AMENDED
Section
Amending authority
In force from
- NIL -
Common questions
- What is AKTA JAWATANKUASA ETIKA HAKIM 2010?
- *JUDGES' ETHICS COMMITTEE ACT 2010 is Malaysia Act, cited as Act 703 2010, currently marked in force and first recorded in 2010.
- Is AKTA JAWATANKUASA ETIKA HAKIM 2010 still in force?
- Yes — AKTA JAWATANKUASA ETIKA HAKIM 2010 is currently in force.
- When did AKTA JAWATANKUASA ETIKA HAKIM 2010 take effect?
- AKTA JAWATANKUASA ETIKA HAKIM 2010 was first recorded in 2010.
- How many sections does AKTA JAWATANKUASA ETIKA HAKIM 2010 have?
- AKTA JAWATANKUASA ETIKA HAKIM 2010 contains 15 sections.
- Where can I read the official version of AKTA JAWATANKUASA ETIKA HAKIM 2010?
- The official text of AKTA JAWATANKUASA ETIKA HAKIM 2010 is published at lom.agc.gov.my.