Abdul Hamid Mohamad CJ:

[1] By an originating summons dated 27 July 2007, the Bar Council ("plaintiff") prayed for "a declaration that the appointment of Dr Badariah Sahamid as a Judicial Commissioner of the High Court of Malaya is null and void and of no effect on the ground that the said appointment is in contravention of art 122AB read together with art 123 of the Federal Constitution."

[2] On 27 August 2007, ie, one day before the matter was scheduled to be mentioned before the learned judge of the High Court, the Government of Malaysia ("defendant") filed a summons in chambers for questions of law relating to the appointment be referred to this Court pursuant to s 84 of the Courts of Judicature Act 1964. On 18 September 2007, after hearing the parties, the learned judge allowed the defendant's application and referred the constitutional issues to this Court for its determination. The issues are as follows:

i. Whether the words "advocates of those courts" appearing in art 123 of the Federal Constitution requires an Advocate to have been in practice for a period of ten years preceding his/her appointment as a Judicial Commissioner under art 122AB of the Federal Constitution