Cap. 369 чл. 9Procedure to be followed under article 101B.

(1) When the Committee for Judges and Magistrates reports its findings to the Commission in accordance with article

101B(10)(c) of the Constitution, the Commission shall communicate the report of the Committee for Judges and Magistrates to the judge or magistrate, as the case may be, and shall be given a reasonable opportunity to submit a written statement within such time as may be specified by the Commission.

(2) The Commission shall carry out the necessary investigation and report to the President. If the report of the Commission states that there is no misconduct or that the judge or magistrate has no incapacity, no further action shall be taken in respect of that report.

(3) If the report of the Commission has found that the misconduct has been proven, the Commission shall make a report of its decision to the President advising the removal of the judge or magistrate as the case may be. A copy of this decision shall be given to the judge or magistrate, as the case may be.

(4) The proceedings of the Commission under this article shall be kept in camera. The judge or magistrate whose conduct is being investigated shall have the right to be present throughout the trial, to produce evidence in support of the allegations mentioned in the report of the Committee for Judges and Magistrates or defence, and to be assisted by a lawyer or legal procurator.

(5) The decision of the Commission may be appealed by the judge body or mind and the allegation is denied, the Commission may order the medical examination of the judge or magistrate by such medical board as may be appointed for the purpose by the President and the judge or magistrate, as the case may be, shall submit himself to such medical examination within the time specified by the Commission.

(2) The medical board shall submit a report to the Commission stating therein whether there exists any infirmity of body or mind, as the case may be, and in case such infirmity exists, whether it renders the judge or magistrate unable to perform the functions of his office.

(3) If the judge or magistrate refuses to undergo any medical examination considered necessary by the medical board, the Board shall submit a report to the Commission stating therein the examination which the judge or magistrate has refused to undergo, and the Commission may, on receipt of such report, presume that the judge or magistrate suffers from such infirmity of body or mind as is alleged in the report of the Committee for Judges and Magistrates referred to in article 10(1).

(4) The provisions of the foregoing subarticles of this article shall apply mutatis mutandis where it is alleged that an advocate or a legal procurator is unable to exercise his profession because of infirmity of mind.