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(5) If the Governor considers that the question of removing a judge of the Supreme Court from office for inability as aforesaid or for misbehaviour ought to be investigated, then-
(a) the Governor shall, by instrument under the Public Seal (which he may vary or revoke by another such instrument), appoint a tribunal, which shall consist of a Chairman and not less than two other members selected by the Governor from among judges who hold or have held office as judge of a court having unlimited jurisdiction in any part of the Commonwealth or a court having jurisdiction in appeals from any such court; (b) the tribunal shall enquire into the matter and report on the facts thereof to the Governor and recommend to the Governor whether he should request that the question of the removal of the judge concerned should be referred by Us to the Judicial Committee; and
(c) if the tribunal so recommends, the Governor shall request that
the question should be referred accordingly.
(6) If the question of removing a judge of the Supreme Court from office has been referred to a tribunal appointed under paragraph (5) of this Article, the Governor may suspend the judge concerned from performing the functions of his office.
(7) Any such suspension may at any time be revoked by the Governor and shall in any case cease to have effect-
(a) if the tribunal recommends to the Governor that he should not request that the question of the removal from office of the judge concerned should be referred by Us to the Judicial Committee; or
(b) if the Judicial Committee advises Us that the judge concerned
ought not to be removed from office.
XVII. (1) During any period when the office of Governor is Acting vacant or the holder thereof is absent from the Colony or is for Governor.
any other reason unable to perform the functions of his office, those func- (Amended on tions shall, during Our pleasure, be assumed and performed by-
(a) such person as may be designated under Our Sign Manual and Signet or by instructions given by Us through one of Our Principal Secretaries of State; or
(b) if there is no person in the Colony so designated and able to perform those functions, the person lawfully discharging the functions of Colonial Secretary.
(2) Before assuming the functions of the office of Governor for the first time, any person as aforesaid shall make the oaths directed by Article III of these Our Letters to be made by the holder thereof.
(3) Any such person as aforesaid shall not continue to perform the functions of the office of Governor after the holder thereof, or some other person having a prior right to perform those functions, has notified him that he is about to resume, or assume, those functions.
17.11.67.)
2/E)