Attorney Generalโs Chamber Flashcards
What is the definition of AGC?
Attorney Generalโs Chamber is the office of Attorney General In malaysia. Today, AGC is recognised as a formal government institution
Explain the powers of AG as provided in FC
-Article 145(3), The AG shall have power, exerciseable at his discretion, to institute, to conduct, or discontinue any offence other than proceedings before a syariah court/ native court or court-martial.
clause 3A states that federal law may confer on the AG the power to determine the courts in which venue at which any proceedings which he has power under clause 3 to institute / shall be institute to which such proceedings shall be transferred.
What are the responsibilities/ functions of the AG?
-provided under article 145 (2)
1) to advise YDPA/cabinet/Minister on legal matters
2) perform other duties of legal character, time to time may be assigned by YDPA/Cabinet
3) to discharge the functions conferred on him by or under this constitution or any other written law
What are the other functions/responsibilities of AG?
- To revise&reprint the laws of malaysia and undertake law reform in identified areas
- to represent the GOV in civil cases
- to give legal advice&views on the malaysian GOV
- to advice the federal and state gov on all legal matters + syariah law
- to draft all legislations for the fed gov
- to provide prosecution instructions to all related law enforcement agencies for criminal cases
What is the appointment of the AG?
Article 145(1) the AG is to be appointed by the YDPA with the advice of the Prime Minister.
-Must be qualified to be a judge in the Federal Court