Attorney General of Malaysia

Last updated

Attorney General of Malaysia
Peguam Negara Malaysia
Coat of arms of Malaysia.svg
Incumbent
Ahmad Terrirudin Mohd Salleh
since 6 September 2023 (2023-09-06)
Attorney General's Chambers
Style The Honourable (Malay: Yang Berbahagia)
Reports to Prime Minister
Seat Putrajaya
Appointer Yang di-Pertuan Agong
on the recommendation of the Prime Minister of Malaysia
Term length No fixed term
Constituting instrumentArticle 145 of the Federal Constitution
Formation1946 (1946)
First holder Kenneth O'Connor
(as Attorney General of the Malayan Union)
DeputySolicitor General of Malaysia
Solicitor General II of Malaysia
Solicitor General III of Malaysia
Website agc.gov.my

The Attorney General of Malaysia (Malay : Peguam Negara also referred to as the AG) is the principal legal adviser 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 regard to prosecution is contained in Article 145(3) of the Federal Constitution. For instance, exercisable at his discretion, the Attorney General may institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah court, a native court or a court-martial.

Contents

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 AG 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 AG. The other states in Peninsular Malaysia do not have separate chambers.

The AG has often been accused of being partial towards the executive or offering too much deference towards the executive. [1] [2] The 8th AG, Tommy Thomas, is the first non-Malay and non-Muslim Attorney General to hold office since the formation of Malaysia in 1963. [3] Pakatan Harapan leader Anwar Ibrahim clarified that his appointment will not adversely affect the status of Islam in the country. [4] Thomas resigned on 28 February 2020. [5]

Article 145

The A-G's overall powers, roles, and responsibilities are provided for in Article 145 of the Federal Constitution:

  1. The Yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint a person who is qualified to be a judge of the Federal Court to be the Attorney General for the Federation.
  2. 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.
  3. 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.
    1. 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.
  4. 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.
  5. 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.
  6. 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

No.Attorney General of Malayan UnionTerm of office
Took officeLeft officeTime in office
1. Kenneth O'Connor 194619482 years
No.Attorney General of Federation of MalayaTerm of office
Took officeLeft officeTime in office
- E. P. S. Bell (Acting)19481948
1. Stafford Foster Sutton 194819502 years
2. Michael Joseph Hogan 195019555 years
3. Thomas Vernor Alexander Brodie 195519594 years
4. Cecil Majella Sheridan 195919634 years
No.Attorney General of Malaysia [6] Term of office
Took officeLeft officeTime in office
1. Abdul Kadir Yusuf 1963197714 years
2. Hamzah Abu Samah 197719803 years
3. Abu Talib Othman 1980199313 years
4. Mohtar Abdullah 199420006 years
5. Ainum Mohd Saaid January 2001December 2001
6. Abdul Gani Patail 1 January 200227 July 201513 years, 207 days
7. Mohamed Apandi Ali 27 July 20154 June 20182 years, 312 days
– Engku Nor Faizah Engku Atek (Acting) [7] 20182018
8. Tommy Thomas 4 June 201828 February 20201 year, 269 days
–Engku Nor Faizah Engku Atek (Acting) [8] 3 March 20206 March 20203 days
9. Idrus Harun 6 March 20206 September 20233 years, 184 days
10. Ahmad Terrirudin Mohd Salleh 6 September 2023Incumbent10 days

Related Research Articles

Politics of Malaysia takes place in the framework of a federal representative democratic constitutional monarchy, in which the Yang di-Pertuan Agong is head of state and the Prime Minister of Malaysia is the head of government. Executive power is exercised by the federal government and the 13 state governments. Legislative power is vested in the federal parliament and the 13 state assemblies. The judiciary is independent of the executive and the legislature, though the executive maintains a certain level of influence in the appointment of judges to the courts.

<span class="mw-page-title-main">Yang di-Pertuan Agong</span> Head of state and elective constitutional monarch of Malaysia

The Yang di-Pertuan Agong, also known as the Supreme Head of the Federation, the Paramount Ruler or simply the Agong, and unofficially known as the King of Malaysia, is the constitutional monarch and head of state of Malaysia. The office was established in 1957, when the Federation of Malaya gained independence from the United Kingdom. The Yang di-Pertuan Agong is elected by the Conference of Rulers, comprising the nine rulers of the Malay states, with the office de facto rotated between them, making Malaysia one of the world's few elective monarchies.

In Malaysia, the Yang di-Pertua Negeri is a constitutional title given to the head of state in states without a ruler, namely: Penang, Malacca, Sabah and Sarawak. This is in contrast to a Ruler which is a constitutional title given to states with hereditary monarchies, namely: the Sultans of Johor, Kedah, Kelantan, Pahang, Perak, Selangor and Terengganu; the Raja of Perlis: and the Yang di-Pertuan Besar of Negeri Sembilan.

<span class="mw-page-title-main">Prime Minister of Malaysia</span> Head of government of Malaysia

The Prime Minister of Malaysia is the head of government of Malaysia. The prime minister directs the executive branch of the federal government. The Yang di-Pertuan Agong appoints the prime minister as a member of Parliament (MP) who, in his opinion, is most likely to command the confidence of a majority of MPs. This person is usually the leader of the party winning the most seats in a general election.

<span class="mw-page-title-main">Constitution of Malaysia</span> Federal Constitution of Malaysia

The Federal Constitution of Malaysia, which came into force in 1957 as the Constitution of the Federation of Malaya and was amended in 1963 to form the Constitution of Malaysia, is the supreme law of Malaysia and contains a total of 183 articles. It is a written legal document influenced by two previous documents, the Federation of Malaya Agreement 1948 and the Independence Constitution of 1957. The Federation was initially called the Federation of Malaya and it adopted its present name, Malaysia, when the states of Sabah, Sarawak and Singapore became part of the Federation. The Constitution establishes the Federation as a constitutional monarchy, having the Yang di-Pertuan Agong as the Head of State with largely ceremonial roles. It provides for the establishment and organisation of three main branches of the government: the bicameral legislative branch called the Parliament, which consists of the House of Representatives and the Senate ; the executive branch led by the Prime Minister and his Cabinet Ministers and the judicial branch headed by the Federal Court.

<i>Raja Permaisuri Agong</i>

Raja Permaisuri Agong is the title given to the consort of the Yang di-Pertuan Agong, the elected, constitutional federal monarch of Malaysia.

<span class="mw-page-title-main">Judiciary of Malaysia</span> Largely centralized system

Judiciary of Malaysia is largely centralised despite Malaysia's federal constitution, heavily influenced by the English common law, as well as Islamic jurisprudence.

The Cabinet of Malaysia is the executive branch of the Government of Malaysia. Led by the Prime Minister, the cabinet is a council of ministers who are accountable collectively to the Parliament. According to the Article 43 of the Federal Constitution, members of the Cabinet can only be selected from members of either houses of Parliament. Formally, the Yang di-Pertuan Agong appoints all Ministers on the advice of the Prime Minister. The constitution is amended by repealing the Clause (8) of Article 43, enabling a person who is a member of State Legislative Assembly to continue to serve even while serving as a minister or deputy minister in the cabinet. Ministers other than the Prime Minister shall hold office during the pleasure of the Yang di-Pertuan Agong, unless the appointment of any Minister shall have been revoked by the Yang di-Pertuan Agong on the advice of the Prime Minister but any Minister may resign from office. In practice, the Yang di-Pertuan Agong is obliged to follow the advice of the Prime Minister on the appointment and dismissal of ministers.

<span class="mw-page-title-main">Government of Malaysia</span> Federal government of Malaysia

The Government of Malaysia, officially the Federal Government of Malaysia, is based in the Federal Territory of Putrajaya, with the exception of the legislative branch, which is located in Kuala Lumpur. Malaysia is a federation comprising the 11 States of Malaya, the Borneo States of Sabah and Sarawak, and 3 Federal Territories operating within a constitutional monarchy under the Westminster system and is categorised as a representative democracy. The federal government of Malaysia adheres to and is created by the Federal Constitution of Malaysia, the supreme law of the land.

<span class="mw-page-title-main">Chief Justice of Malaysia</span> Government position

The Chief Justice of Malaysia, also known as the chief justice of the Federal Court, is the office and title of the head of the Malaysian judiciary system. The title has been in use since 1994, and prior to this it was known as the lord president of the Federal Court. The chief justice is the head of the Federal Court, the apex court of Malaysia. It is the highest position in Malaysian judicial system followed by the president of the Court of Appeal of Malaysia, chief judge of Malaya, and the chief judge of Sabah and Sarawak.

<span class="mw-page-title-main">Commander-in-Chief of the Malaysian Armed Forces</span>

The Supreme Commander or Commander-in-Chief of the Malaysian Armed Forces is the highest-ranking office in the command structure of the Malaysian military. The office dates to the 1957 creation of the Malay federation. Its current role, duties and powers are regulated by the Constitution of Malaysia and the Federal Armed Forces Act.

The Chief Judge of Sabah and Sarawak, formerly the Chief Justice of Borneo, is the office and title of the head of the High Court of Sabah and Sarawak. The title has been in use since 24 June 1994, when the High Court of Sabah and Sarawak was renamed from the High Court of Borneo.

Tan Sri Datuk Seri Panglima Abdul Gani bin Patail is a Malaysian prosecutor. He was the Attorney General of Malaysia from 2002 to 2015, the first from Sabah to hold the position.

The installation of the Yang di-Pertuan Agong is a ceremony that formally marks the beginning of the reign of the Yang di-Pertuan Agong as the Malaysian head of state.

<span class="mw-page-title-main">Tommy Thomas (barrister)</span> Malaysian barrister and the former Attorney General of Malaysia

Tommy Thomas is a Malaysian barrister and the former Attorney General of Malaysia from 2018 to 2020. He was the first practising barrister to be appointed directly from the Malaysian Bar to be the Attorney General, and the first non-Malay and non-Muslim Malaysian to hold this post after the formation of Malaysia in 1963.

Tan Sri Dato' Sri Ahmad bin Haji Maarop is a Malaysian jurist and lawyer who served as the tenth President of the Court of Appeal of Malaysia (PCA).

Azahar bin Mohamed is a retired Malaysian judge and lawyer who served as the 12th Chief Judge of the High Court of Malaya from August 2019 to his retirement in October 2022.

Rohana binti Yusuf is the eleventh President of the Court of Appeal of Malaysia (PCA). She is the first woman to have been appointed into the office since its inception in 1994.

<span class="mw-page-title-main">Abang Iskandar Abang Hashim</span> Malaysian lawyer and judge

Tan Sri Datuk Amar Abang Iskandar bin Abang Hashim is a Malaysian lawyer and judge who serves as the twelfth President of the Court of Appeal. He previously served as the Chief Judge of Sabah and Sarawak (CJSS).

<span class="mw-page-title-main">Shamrahayu A. Aziz</span> Malaysian constitutional expert

Shamrahayu binti A. Aziz is a law lecturer at the Ahmad Ibrahim Kulliyyah of Laws (AIKOL), International Islamic University of Malaysia (IIUM), Malaysia, and the incumbent Institution of the Malay Rulers Chair at Universiti Teknologi Mara (UiTM). She writes weekly as a columnist on the Malay daily newspaper, Berita Harian, as well as on her website. She does many research regarding Malaysian national affairs, the Malaysian Federal Constitution, Sharia law, and human rights. She is also a Principal Fellow at the Institute of Islamic Understanding Malaysia (IKIM).

References

  1. ↑ "Malaysian PM pledges police chief, attorney-general not involved in Anwar's sodomy case". International Herald Tribune. 20 July 2008. Retrieved 7 March 2009.
  2. ↑ "The trial of opposition parliamentarian Lim Guan Eng:an update". Amnesty International. 1 March 1997. Archived from the original on 8 August 2009. Retrieved 7 March 2009.
  3. ↑ "Malaysian king consents to appointment of Tommy Thomas as Attorney-General". Channel NewsAsia . Mediacorp. 5 June 2018. Archived from the original on 14 June 2018. Retrieved 5 June 2018.
  4. ↑ "Appointing Tommy Thomas as Attorney-General will not affect status of Islam: Anwar Ibrahim". Channel NewsAsia . Mediacorp. 6 June 2018. Archived from the original on 14 June 2018. Retrieved 6 June 2018.
  5. ↑ "Tommy Thomas resigns as AG". Malaysiakini. 28 February 2020. Retrieved 28 February 2020.
  6. ↑ "Roll of Former Attorney Generals". Attorney General's Chambers. Retrieved 16 December 2022.
  7. ↑ "Dr M urged to disclose current status of Apandi and appoint new AG". New Straits Times . 2 June 2018. Retrieved 5 June 2018.
  8. ↑ "Solicitor-General is acting AG". The Star. 3 March 2020. Retrieved 3 March 2020.
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