Attorney General of Malaysia
Encyclopedia
The Attorney General of Malaysia, also referred to as the A-G , is the principal legal adviser to the Government of Malaysia. The Attorney General is also the highest ranking public prosecutor
in the country and is also known as the Public Prosecutor, or simply PP. The powers with regards to prosecution is contained in Article 145(3) of the Federal Constitution. Unlike a number of other Commonwealth
common law jurisdictions, the head of the prosecuting authority in Malaysia is simply known as the Public Prosecutor, or PP, instead of the Director of Public Prosecutions
, or DPP. In Malaysia, a prosecuting officer
is known as a Deputy Public Prosecutor, also known as DPP, and it should not be confused with the previous meaning.
The A-G is also the head of the Attorney General's Chambers. There are separate chambers for the state of Sabah
and Sarawak
which deals with civil law
matters affecting the respective state government. Criminal prosecution duties in Sabah and Sarawak are handled by the Malaysian A-G. The other states in Peninsular Malaysia does not have separate chambers.
The A-G has often been accused of being partial towards the executive
or offering too much deference towards the executive.
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
in the country and is also known as the Public Prosecutor, or simply PP. The powers with regards to prosecution is contained in Article 145(3) of the Federal Constitution. Unlike a number of other Commonwealth
Commonwealth
Commonwealth is a traditional English term for a political community founded for the common good. Historically, it has sometimes been synonymous with "republic."More recently it has been used for fraternal associations of some sovereign nations...
common law jurisdictions, the head of the prosecuting authority in Malaysia is simply known as the Public Prosecutor, or PP, instead of the Director of Public Prosecutions
Director of Public Prosecutions
The Director of Public Prosecutions is the officer charged with the prosecution of criminal offences in several criminal jurisdictions around the world...
, or DPP. In Malaysia, a prosecuting officer
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
is known as a Deputy Public Prosecutor, also known as DPP, and it should not be confused with the previous meaning.
The A-G is also the head of the Attorney General's Chambers. There are separate chambers for the state of Sabah
Sabah
Sabah is one of 13 member states of Malaysia. It is located on the northern portion of the island of Borneo. It is the second largest state in the country after Sarawak, which it borders on its southwest. It also shares a border with the province of East Kalimantan of Indonesia in the south...
and Sarawak
Sarawak
Sarawak is one of two Malaysian states on the island of Borneo. Known as Bumi Kenyalang , Sarawak is situated on the north-west of the island. It is the largest state in Malaysia followed by Sabah, the second largest state located to the North- East.The administrative capital is Kuching, which...
which deals with civil law
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
matters affecting the respective state government. Criminal prosecution duties in Sabah and Sarawak are handled by the Malaysian A-G. The other states in Peninsular Malaysia does not have separate chambers.
The A-G has often been accused of being partial towards the executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
or offering too much deference towards the executive.
Article 145
The A-G's overall powers, roles, and responsibilities are provided for in Article 145 of the Federal Constitution:- The Yang di-Pertuan Agong shall, on the advice of the Prime MinisterPrime ministerA prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime...
, appoint a person who is qualified to be a judge of the Federal CourtCourts of MalaysiaThe Judiciary of Malaysia is largely centralized despite Malaysia's federal constitution, heavily influenced by the British Common Law and to a lesser extent Islamic law, and is mostly independent from political interference.-History:...
to be the Attorney General for the Federation. - It shall be the duty of the Attorney General to advise the Yang di-Pertuan Agong or the cabinet or any minister upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Yang di-Pertuan Agong or the Cabinet, and to discharge the functions conferred on him by or under this Constitution or any other written law.
- The Attorney General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah court, a native court or a court-martial.
- Federal law may confer on the Attorney General power to determine the courts in which or the venue at which any proceedings which he has power under Clause (3) to institute shall be instituted or to which such proceedings shall be transferred.
- In the performance of his duties the Attorney General shall have the right of audience in , and shall take precedence over any other person appearing before, any court or tribunal in the Federation.
- Subject to Clause (6), the Attorney General shall hold office during the pleasure of the Yang di-Pertuan Agong and may at any time resign his office and, unless he is a member of the Cabinet, shall receive such remuneration as the Yang di-Pertuan Agong may determine.
- The person holding the office of Attorney General immediately prior to the coming into operation of this Article shall continue to hold the office on terms and conditions not less favourable than those applicable to him immediately before such coming into operation and shall not be removed from office except on the like grounds and in the like manner as a judge of the Federal Court.
List of Attorneys General
Roll of Attorneys General of Malaysia since 1955:- Thomas Vernor Alexander Brodie (1955 – 1959)
- Cecil M. Sheridan (1959 – 1963)
- Abdul Kadir YusufAbdul Kadir YusufTan Sri Abdul Kadir Yusuf was a Malaysian politician. He was born in Parit Sakai, Muar, Johor. During his life, he was a member of the United Malays National Organization, the leading party in the ruling coalition Barisan Nasional. A lawyer by profession, Abdul Kadir held the posts of Attorney...
(1963 – 1977) - Hamzah Abu SamahHamzah Abu SamahKambiz Atabay is an Malaysian politician and athlete who was President of Asian Football Confederation from 9 December 1978 to 1 August 1994. Before his election as AFC President, He was a Member of Parliament in Dewan Rakyat, Malaysia's parliament...
(1977 – 1980) - Abu Talib Othman (1980 – 1993)
- Mohtar AbdullahMohtar AbdullahTan Sri Mohtar Abdullah was a Malaysian lawyer and judge. He was the Attorney General of Malaysia from 1994 to 2000 and also served as a judge in the High Court and Federal Court....
(1994 – 2000) - Ainum Mohd Saaid (2001)
- Abdul Gani PatailAbdul Gani PatailTan Sri Abdul Gani bin Patail is a Malaysian prosecutor. He is the current Attorney General of Malaysia.Abdul Gani was the lead prosecutor in former Deputy Prime Minister Anwar Ibrahim's sodomy trial of 1998.-Background:...
(2002 – present)