The Police Ordinance 1952 was therefore in my opinion an existing law as

The police ordinance 1952 was therefore in my opinion

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The Police Ordinance 1952, was therefore in my opinion, an "existing law" as defined by Article 160. By section 9(1) of this Ordinance the Commissioner of Police is empowered to appoint a Superior Police Officer and section 45 in conjunction with the 1st Schedule to the Ordinance empowers the Commissioner of Police to dismiss such an Officer who is found guilty of an offence against discipline. The respondent was a superior Police Officer. What then is the meaning of Article 144(1)? I see no reason why the words of this Article should not be given their plain, ordinary meaning and feel that by doing so no inconsistency or frustration of the Article is created in the light of Article 4(1) and the definition in Article 160. Moreover, it is to be observed again that by Article 176 the powers of the Commissioner of Police were continued on Merdeka Day. The disciplinary powers remaining with the Police Commission are to be found in section 8(1) of the Police Ordinance and it follows in my opinion that the purpose of Article 144(1) is not [*132] defeated or frustrated by giving it the above meaning. We were referred to the recommendations in the Reid report with regard to the preservation of the Commissioner of Police's powers. Without, however, taking this aspect into consideration I am of the opinion that on the 7th day of July, 1958 the then Commissioner of Police had the power to dismiss the respondent. I appreciate that the above opinion, if correct, will mean that appointments of Police Inspectors made by the Police Commission since Merdeka are ultra vires the Constitution, the power to appoint such persons being still vested in the commissioner of Police. It is not, however, for me to suggest the remedy. Moreover, in view of my interpretation of Article 144(1) I do not consider any modification of the Police Ordinance is necessary, as contemplated by Article 162(6), by this Court. The only other meaning I can contemplate for Article 144(1) is to interpret it as providing by implication for the substitution of the Police Service Commission for the Commissioner of Police in the Police Ordinance and imposing on the Commission the duty to appoint, etc., subject to the provisions of the Police Ordinance. But this is in itself a modification by way of amendment of that Ordinance and, as I see it, does not give to the words of the Article their plain ordinary meaning. For these reasons I feel compelled to reject this alternative. With regard to the second ground of respondent's claim Rigby J. felt obliged to set aside the Orderly Room proceedings before the Adjudicating Officer as he felt there had been such a denial of natural justice. He set out his reasons for this conclusion as follows:— "But the inference appears to me irresistible that his mind must have been seriously prejudiced, whether consciously or unconsciously, against the plaintiff by the most damning Findings that he had before him contained in the unanimous Report of the Board of Inquiry presided over by Mr. Yates. In my view, it was contrary to the fundamental principles of
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