Attorney General of Malaysia

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
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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]

  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.