( 5 ) A judge shall refrain from giving any public comment about
pending or impending proceedings which may be heard before
the judge’s court in a manner which may suggest to a reason-
able person the judge’s probable decision in any particular
case.
( 6 ) A judge shall not disclose or use any non-public information
acquired in his judicial capacity for any purpose unrelated to
his judicial duties.
( 7 ) A judge shall endeavour to diligently and efficiently hear and
complete the cases in his court and promptly write his
judgments.
( 8 ) A judge shall not conduct himself in a manner which is not
befitting of a judge or which brings or is calculated to bring
disrepute to his office as a judge.In evaluating the state of affairs of the Malaysian judiciary, scant attention has been
paid to some High Court judges who put their career on the line by rendering bold
decisions which were often overruled on appeal to the Court of Appeal and
the Federal Court.^15 There are some recent indications that this bold spirit is perme-
ating through to judges of these higher appeal courts. It will still take considerable
effort and time for the judiciary to regain the full confidence of the Malaysian public.
iv. the hereditary rulers: a renaissance or a false dawn?
The role of state rulers
The later part of the first decade of the twenty-first century saw a revival in the
fortunes of the Malay rulers.^16 It was clear that by the mid- 1990 s the power of
the Malay rulers had been considerably diminished following two major confron-
tations with the Mahathir government. The rulers were to keep to their role as
constitutional monarchs, functioning under advice unless permitted by the
(^15) Borhan bin Hj Daud & Othersv.Abd Malek bin Hussin[ 2010 ] 6 MLJ 329 (CA) overruling
the High Court decision which declared that the arrest and detention of the respondent
was unlawful and in violation of his fundamental rights under the Constitution.
(^16) The role and powers of a regent as a result of the incapacitation of the sultan of Kelantan
were considered by the courts in suits brought before them. A decision of the regent of
Kelantan to alter the membership of the Kelantan Council of Succession was held to be a
non-justiciable issue in an action brought by the regent’s younger brother:Tengku Muham-
mad Fakhry Petra Ibni Sultan Ismail Petrav.Yang Maha Mulia Pemangku Raja Kelantan
and Others[ 2011 ] 1 MLJ 128 (Mohamad Ariff J). A petition brought by the sultan question-
ing the exercise by his son, the regent, of the powers of revocation and appointment of the
members of the council was dismissed by the Federal Court:His Royal Highness Sultan
Ismail Petra Ibni Almarhum Sultan Yahya Petrav.His Royal Highness Tengku Mahkota
Tengku Muhammad Faris Petra and Another and another suit[ 2011 ] 1 MLJ 1.