[1] This is an appeal by the appellant against the decision of the Court of Appeal in dismissing the appellants appeal against the decision of the High Court in dismissing the appellants appeal against the Order made by the respondent under s 30(ii) of the Medical Act 1971 ["the Act"]. Leave to appeal was granted by this Court on the following two questions:

(i) Whether s 31(2) of the Medical Act 1971 and s 68(1)(d) of the Courts of Judicature Act 1964 are inconsistent with art 121(1B) of the Federal Constitution and therefore void; and

(ii) If the answer is in the affirmative, whether the Court of Appeal has unlimited jurisdiction to hear an appeal from a decision of the High Court made pursuant to s 31(1) of the Medical Act 1971 .

Background Facts

[2] The relevant background facts leading to the present appeal before this Court are as follows:

(1) A disciplinary proceeding was taken by the respondent, the Malaysian Medical Council against the appellant, a medical practitioner. The appellant was found guilty of infamous conduct in a professional respect under s 29(2)(b) of the Act by the respondent upon an inquiry of a complaint made against the appellant for engaging in a sexual relat