(1833 c. 41.)
Acting Governor.
(Amended on 17.11.67. 17.2.77.)
8
Article, been referred by Us to the Judicial Committee of the Privy Council under section 4 of the Judicial Committee Act 1833 or any other enactment enabling Us in that behalf, and the Judicial Committee has advised Us that the judge ought to be removed from office for inability as aforesaid or for misbehaviour.
(6) If the Governor considers that the question of removing a judge of the Supreme Court or the District 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 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.
(7) If the question of removing a judge of the Supreme Court or the District Court from office has been referred to a tribunal appointed under paragraph (6) of this Article, the Governor may suspend the judge from performing the functions of his office.
(8) 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 should be referred by Us to the Judicial Commit- tee; or
(b) if the Judicial Committee advises Us that the judge ought
not to be removed from office.
XVII. (1) During any period when the office of Governor is vacant or the holder thereof is absent from the Colony or is for any other reason unable to perform the functions of his office, those functions 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 discharg- ing the functions of Chief Secretary.
(2) Before assuming th the first time, any person as by Article III of these Our L
(3) Any such person as the functions of the office o some other person having a has notified him that he i functions.
(4) The holder of the o aforesaid shall not, for the absent from the Colony or a office at any time when there under Article XVIIA of the
XVIIA. (1) Wheneve
(a) has occasion to b
which he has reaso
(b) is suffering from a
will be of short du
(c) considers for an
requires,
he may by instrument undo his Deputy and in that capa functions of the office of instrument.
(2) The powers and abridged, altered or in any Deputy under this Articl instructions which the G question whether a Deput instructions shall not be en
(3) Any appointment time by Us by instructions Secretaries of State or by Public Seal, and subject Article shall hold that ap specified in the instrument
XVIII. And We do officers and ministers, ci habitants of the Colony, the Governor and to any p Government of the Colon
XIX. In these Our shall include every perso Government of the Colon