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Attorney General of Malaysia

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Attorney General of Malaysia
Peguam Negara Malaysia
ڤڬوام نڬارا مليسيا‎
since 6 September 2023 (2023-09-06)
Attorney General's Chambers
StyleThe Honourable (Malay: Yang Berbahagia)
Reports toPrime Minister
SeatPutrajaya
AppointerYang di-Pertuan Agong
on the recommendation of the Prime Minister of Malaysia
Term lengthNo fixed term
Constituting instrumentArticle 145 of the Federal Constitution
Formation1946 (1946)
First holderKenneth O'Connor
(as Attorney General of the Malayan Union)
DeputySolicitor General of Malaysia
Solicitor General II of Malaysia
Solicitor General III of Malaysia
Websiteagc.gov.my

The Attorney General of Malaysia (Malay: Peguam Negara also referred to as the AG; Jawi: ڤڬوام نڬارا مليسيا‎) 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.

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

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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

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No. Attorney General of Malayan Union Term of office
Took office Left office Time in office
1. Kenneth O'Connor 1946 1948 2 years
No. Attorney General of Federation of Malaya Term of office
Took office Left office Time in office
- E. P. S. Bell (Acting) 1948 1948
1. Stafford Foster Sutton 1948 1950 2 years
2. Michael Joseph Hogan 1950 1955 5 years
3. Thomas Vernor Alexander Brodie 1955 1959 4 years
4. Cecil Majella Sheridan 1959 1963 4 years
No. Attorney General of Malaysia[6] Term of office
Took office Left office Time in office
1. Abdul Kadir Yusuf 1963 1977 14 years
2. Hamzah Abu Samah 1977 1980 3 years
3. Abu Talib Othman 1980 1993 13 years
4. Mohtar Abdullah 1994 2000 6 years
5. Ainum Mohd Saaid January 2001 December 2001
6. Abdul Gani Patail 1 January 2002 27 July 2015 13 years, 207 days
7. Mohamed Apandi Ali 27 July 2015 4 June 2018 2 years, 312 days
– Engku Nor Faizah Engku Atek (Acting)[7] 2018 2018
8. Tommy Thomas 4 June 2018 28 February 2020 1 year, 269 days
– Engku Nor Faizah Engku Atek (Acting)[8] 3 March 2020 6 March 2020 3 days
9. Idrus Harun 6 March 2020 6 September 2023 3 years, 185 days
10. Ahmad Terrirudin Mohd Salleh 6 September 2023 Incumbent 333 days

References

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  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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