Viscount Cave in that Part of his judgment which I have quoted referred to the

Viscount cave in that part of his judgment which i

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Viscount Cave in that Part of his judgment which I have quoted referred to the fact that in such a position a bias must be assumed. Having regard to all the facts that appear on the record of this case so far from being satisfied that a bias as against Mr. Strathairn must be assumed on this particular ground. I am satisfied from the fact that the respondent did not allege such a personal bias and from the fact that notwithstanding his superior's directions Mr. Strathairn declined to call the two witnesses whose evidence was unduly prejudicial to the respondent that there was in fact and in law no sufficient bias either proved or to be assumed that Mr. Strathairn did not decide the question of guilt or otherwise strictly impartially. As regards the constitutional questions that arise out of this appeal, namely, as at the relevant date who had the
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Page 20 of 25 GOVERNMENT OF THE FEDERATION OF MALAYA v SURINDER SINGH KANDA right to appoint as well as dismiss an officer of the grading of the respondent ; and whether the learned Judge in the Court below properly exercised the powers given to him by Clause 6 of Article 162, I approach [*136] these questions with considerable diffidence. My diffidence is caused not only by my endeavours to construe the Constitution as a whole but also by the knowledge of the fact that the view I hold is not shared by the other members of the Court of Appeal. I might at this stage state that the Court did not receive from counsel appearing before it on the constitutional questions the help that it was entitled to have received. Our attention was not drawn to Article 4 of the Constitution (which would become relevant if one accepted the submission on behalf of the appellant) nor to Article 176 (which is most important when one remembers that both Inspector Kanda (page 33 of the record) and the Commissioner of Police Mr. Carbonell were pre-merdeka Officers). Also attention was drawn in the written submissions of the Attorney-General to the distinction between existing law on the one hand and Federal or State law on the other hand, but no attempt was made to develop this argument. As regards Article 4 the attention of the Attorney-General's junior — after the Attorney-General had left the Court — was directed to this Article and it was dealt with by him. But at no time did any of the counsel draw our attention to the existence of Article 176 so that I find myself in the position of having to consider it without the assistance of counsel's argument. In coming to my conclusions as to the interpretation to be placed upon Article 144 of the Constitution I have borne in mind the dicta that have fallen from the lips of many Judges in the United Kingdom that one should not in interpreting a statute take the words out of their context and endeavour to assign to them what has been described as the ordinary everyday meaning. As has been said, it is extremely doubtful whether any set of words has anything such as an ordinary everyday meaning but that the entire provisions have to be
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