The China-ASEAN Prosecutors-General Conference

About AGC

The Attorney General’s Chambers (AGC) is the office of the Attorney General of Malaysia. It started with the provenance of the Attorney General as the country’s chief law officer, and later AGC was recognized as a formal government institution. In 1948, the various functions of legal advice afforded to the then colonial government were consolidated as a federal department under the provisions of the Federation of Malaya Agreement, 1948. Later in 1951, the AGC (then known as a Ministry and was held responsible for all legal matters involving the Government. Listed below are the placements of AGC over the years from Independence until today:
1957: Ministry of Home Affairs and Justice
1959: Ministry of Justice
1964: Ministry of Home Affairs and Justice
1974: Ministry of Law and Attorney General
1980- present: Prime Minister’s Department

Federal Constitution

Attorney General

145. (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 this 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.
        (3A) Federal law may confer Federal law my 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 favorable 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.

AGC Official Logo

•The circle atop the weighing scale represents the unity and commitment of officers of the Attorney General’s Chambers in striving for professionalism and excellence in the discharge of their duties.
•The balanced weighing scale symbolizes the fair and impartial policy adhered to by Chambers in ensuring equal protection and justice under the law.
•The central fluid pillars denote the innovative, proactive and resourceful spirit of Chambers’ officers in meeting the challenges of an evolving legal environment.
•The five lines under girding the weighing scale represent the tenets of the Rukun Negara which are embodied in the work culture of Chambers.
•The color blue signifies the espirit de corp of its officers while the color white signifies the transparency, integrity and dignity of its officers in safeguarding and promoting the proper administration of justice.

Organization Chart

Advisory Division

Vision
To become a Division which is competent in providing high quality legal advice to the Government in accordance with the Federal Constitution and the Laws of Malaysia.
Mision
To be a Division which-
is recognized for its efficiency, professionalism and responsive in providing legal advice; and
is competent in wise decision making by taking into account the public interest, justice and continuous benefit to the nation.
Objective
To provide quality and professional legal advice in accordance with the Federal Constitution and the laws of Malaysia to the Government within the stipulated time.
Function
Municipal Section
•Provide legal advice on all areas of law, other than international laws and Islamic laws, in respect of matters referred to it by the Government.
•Assist in the interpretation of laws as and when required by the Government.
•Draft or vet legal documents such as legal notices, agreements and memorandum of understanding to which the Government is a party to ensure that the interest of the Government is protected.
•Conduct research or studies on legal matters as and when required by the Government.
•Provide advice on matters in which the Government intends to regulate and prepare draft bills on such matters, if any, to reflect the policy decisions as may be made by the Government and submit the draft bills to the Parliamentary Draftsman for approval.
•Participate in contract negotiations in respect of Government projects in particular privatization and ICT projects.
•Attend meetings upon the invitation of Government agencies, and to provide legal advice on matters discussed to ensure that any policy decision made by the Government is in accordance with the law.
•Participate in knowledge sharing or training sessions in legal matters by providing legal expertise, to both the Government and non government agencies.
Syariah Section
•Provide legal advice from the perspective of Islamic law in respect of matters referred to it by the Government.
•Provide comments from the perspective of Islamic law on legal documents such as conventions, muamalat contracts and proposed legislation referred to it by the Government.
•Conduct studies on Federal laws to determine whether the implementation of the laws would be in conflict with Islamic laws and to propose any amendment or reform, if necessary, to the laws to bring it in line with Islamic laws.
•Provide assistance in legal research on Islamic laws, to the Civil and Prosecution Divisions of the Attorney General's Chambers (including the Syarie Prosecutors in the States).
•Attend meetings upon the invitation of the Government agencies, and to provide legal advice from the Islamic laws perspective to the Government agencies.
•Participate in knowledge sharing or training sessions on Islamic laws by providing legal expertise, to both the Government and non government agencies.
Client’s Charter
We are committed to ––
•provide quality and professional legal advice to the Government in accordance with the Federal Constitution and the laws of Malaysia within fourteen (14) working days from the date of receipt of complete documents and information;
•provide comments of the Attorney General’s Chambers (Ulasan) on Cabinet Memoranda referred by the Ministries/Departments within fourteen (14) working days;
•draft and vet bills, subsidiary legislations and legal documents such as privatization agreements, contract documents, legal instruments and memoranda of understanding within fourteen (14) working days from the date of receipt of complete documents and information; and
•conduct legal research within three (3) months from the date of research conducted.

Appellate and Trial Division

Vision

To be the advocate for the Government in the trial and appellate process of the Malaysian justice system in all public interest, high profile, complex and sensitive cases.
Mission
To uphold the rule of law in dispensing responsible, fair and timely justice through the trial and appellate process of the Malaysia justice system.
Objective
•To protect public interest through the delivery of the highest standards of advocacy in the conduct of trials before the High Courts and appeals before the Court of Appeal and Federal Court.
•To adhere to the due process of law in accordance with the Federal Constitution and the laws of Malaysia.
Function
•Conducting trials and appeals of all public interest, high profile, complex and sensitive cases and all other matters as may be assigned by the Head of Department.
•Providing legal advice to law enforcement agencies on all aspects to ensure the adequate preparation of cases for trial and appeals.
Clients Charter
" We are committed to uphold the rule of law and to conduct all trials and appeals before the courts of Malaysia in a fair and just manner through the highest standards of advocacy in accordance with the Federal Constitution and the laws of Malaysia"

Civil Division

Vision
To guarantee all civil actions taken by or against the Government of Malaysia being handled professionally and efficiently by ensuring a high standard of advocacy and ethics.
Mission
To ensure all civil actions taken by or against the Government of Malaysia being handled with utmost honesty, diligence, precision and efficiency according to the Federal Constitution and the Laws of Malaysia to uphold justice.
Policy of Civil Division
All civil actions instituted by or against the Government of Malaysia and other matters including appointments of Notaries Public, admissions and ad hoc admissions as advocate and solicitor and those relating to the beneficiaries of public, religious, social and charitable trusts will be conducted with the highest quality of service in accordance with the provisions of the Federal Constitution and the law and ever safeguarding the interests of the Government and the public.
Objectives
•To protect the interests of the Government of Malaysia in all civil actions.
•To protect the public interest.
•To ensure the appointments of competent notaries public.
•To ensure that the quality of advocates and solicitors accords with established standards.
•To protect the interests of beneficiaries of public, religious, social or charitable trusts.
Role & Function
Senior Federal Counsel/Federal Counsel from the Civil Division perform the following roles and functions:
•Represent the Government of Malaysia in all civil proceedings.
•Represent the Attorney General in matters of public interest.
•Process applications for appointments as notaries public pursuant to the Notaries Public Act 1959 (Revised 1973).
•Represent the Attorney General in petitions for admissions as advocates and solicitors pursuant to the Legal Profession Act 1976.
•Process applications for Special Admission Certificates and Certificates of Renewal under Part IIA of the Legal Profession Act 1976.
•Represent the Attorney General in cases concerning public, religious, social or charitable trust.
Clients Charter
“To efficiently and accurately handle all civil actions brought by and against the Government of Malaysia and other matters entrusted in accordance with the Constitution and the laws of the country”

Prosecution Division

Vision
To be the leading division in Attorney General’s Chambers – focused on delivering quality and well researched legal opinions and dispensing responsible, fair and swift decisions to prosecute.
Mission
To enhance the constitutional and rule of law by conducting criminal prosecutions justly, equitably and transparently and to provide sound legal advice to all enforcement agencies.
Objectives
To give advice and instructions to all related law enforcement agencies and to conduct prosecutions in accordance with criminals procedures with the objective of protecting public interest by ensuring that criminals are punished in accordance with law.
Functions
•To exercise the powers of the Attorney General as the Public Prosecutor in accordance with section 376 of the Criminal Procedure Code [Act 593].
•To conduct prosecutions in the Session Courts and Magistrate Courts.
To conduct criminal trials, appeals, applications and revisions in the High Court.
•To conduct appeals and applications in the Court of Appeal and the Federal Court.
•To give advice and instructions to all enforcement agencies in relation to investigations and criminal prosecutions.
•To peruse investigation papers and to decide whether to institute prosecutions or otherwise.
Clients Charter
" We are committed to conduct criminal prosecutions in a fair and just manner and to render quality legal advice in accordance with the Federal Constitution and the laws of the country with public and national interest as the foremost considerations."

Drafting Division

Vision

To be a Division that provides legislative drafting service that is of the highest standard to the Government and to be responsive to Government priorities.
Mission
To draft legislation of the highest quality consistent with the Federal Constitution and the laws and international obligations and to be the prime source of reference for legislative drafting.
Objectives
1.To ensure that the drafting of principal legislation and subsidiary legislation is conducted in an efficient, fair and just manner and meets the need of the client.
2. To ensure that the principal legislation and subsidiary legislation drafted are consistent with the Federal Constitution and the laws and international obligations and are in accordance with legislative drafting forms.
3. To ensure that the principal legislation and subsidiary legislation are published in the Government Gazette in accordance with the clients' instructions.
4. To ensure that the translation of legal documents from the English language to the national language and vice versa are accurate and in accordance with linguistic norms.
Functions
• Draft and vet principal legislation and subsidiary legislation in the national language and English language
Give opinion on the drafting of principal legislation and subsidiary legislation
•Prepare bills in the national language and English language to be tabled in Parliament
•Assist Federal Ministries and other Federal Agencies to table bills in Parliament
•Prepare signature copy for royal assent and executive summary for signature copy
•Prepare principal legislation and subsidiary legislation to be published in the Government Gazette
•Translate contracts, domestic and international agreements, forms and other legal documents from the English language to the national language and vice versa
Client's Charter
We are committed to ensure that the drafting and vetting of all legislation and the translation of all agreements and documents are completed according to the schedule as agreed between the client and us and of the highest quality, constitutionally and legally sound and error-free in every aspect.

Law Revision and Law Reform Division

Vision
To establish this Division as a premier Division in the Attorney General's Chambers, renowned, recognized and respected within Malaysia and internationally.
Mission
To carry out the main functions of the Division in a systematic, efficient and effective manner with the full involvement of every member of the Division, particularly in respect of -
1. tasks based on laws;
2. application of sophisticated and up-to-date information communication technology (ICT);
3. enhancement of knowledge and experience of every member through effective training; and
4. inculcating the spirit of excellent work culture.
Objective
To ensure every Malaysia law is up to date, accurate and in tandem with current needs.
Functions
The Division’s main functions are to :-
1. reprint laws in both the national and English language;
2. publish revised texts of laws;
3. extend laws of Peninsular Malaysia to Sabah and Sarawak and the Federal Territories;
4. translate English texts of pre-1967 laws to the national language;
5. review archaic and obsolete laws; and
6. modernize laws to be in tandem with the changing needs of society.
Client's Charter
"We are committed to give the best service to our clients by ensuring that every Malaysian law published is up to date, accurate and caters to current needs. "

International Affairs Division

Previously this Division was part of the Advisory and International Division. Following the restructuring of the Division on 1 June 2003 , this Division was divided into two separate divisions namely the Advisory Division and the International Affairs Division.
Vision
To position itself as an expert in international law matters domestically, regionally and globally.
Mission
To promote and contribute towards the development of fair and legally acceptable principles of international law for the benefit of all mankind and its harmonious co-existence with domestic law and policy.
Policies
To enhance the acceptability and applicability of international law within the domestic legislative and administrative framework.
Objectives
•To protect and safeguard Malaysia’s rights and interests in the international arena
•To give legal advice and views to the Government of Malaysia in accordance with international law and principles taking into account domestic laws, national policies and public interest
•To ensure that Malaysia’s international obligations under any agreements, treaties and conventions which have been signed, agreed upon, ratified, acceded to or participated in by the Government of Malaysia are carried out in accordance with constitutional provisions and its domestic laws, regulations and policies.
Core Functions
1. Providing legal advice to the Government of Malaysia and its agencies on all aspects relating to international law and Malaysia’s existing international obligations.
2. Representing the Attorney General’s Chambers and the Government of Malaysia in the international fora with a view to protect the interest of Malaysia internationally.
3. Carrying out harmonization of Malaysia’s domestic laws based on Malaysia’s existing obligations under international law.
4. Providing legal advice to Government Ministries and agencies on implementation of various international instruments to which Malaysia has become a party to.
5. Assisting in the drafting of relevant laws of various legal instruments relevant to Malaysia’s obligations under international treaties.
6. Undertaking relevant research as to matters pertaining to international law.
Clients Charter
“We are committed to the protection and advancement of Malaysia’s rights and interests in the international fora, to the rendering of legal advice to the Government of Malaysia in accordance with international law and principles and to ensuring that Malaysia’s international obligations are undertaken and implemented in accordance with national laws and policies ."

Research Division

Vision
To be a credible centre for legal research and think-tank for the Attorney General’s Chambers.
Mission
To undertake comprehensive, accurate and cohesive research.
Objective
To undertake comprehensive and professional research of the highest quality.
Functions
Conducting comprehensive, systematic and effective legal and historical research to produce precise, sound and comprehensive research and legal opinion.
Clients Charter
1. To submit comprehensive, sound and professional research findings within the timeline determined by the client, and if no timeline is stipulated, not more than 3 months.
2. To provide sound, accurate and precise legal advice on Constitutional issues within the timeline determined by the client, and if no timeline is stipulated, not more than 3 months.

Management Division

Vision
To manage and provide services of the highest quality towards the excellence of the Department.
Mission
To provide efficient and effective services to the Department and its clients and contribute towards the enhancement of the quality of public service.
Objective
To ensure the Management Division provides the highest quality and most efficient support services on General Administration and Security, Human Resource Management, Financial Management, Budget and Procurement, Resource Centre and ICT Management to other Divisions in accordance with rules and procedures that are in force.
Functions
•To provide support services to the Department in General Administration, Asset and Security, Human Resource Management, Financial, Budget and Procurement Management, Resource Centre and ICT Management matters .
•Acting as Secretariat for Government Moveable Assets Management Committee, Government Immoveable Assets Management Committee, Energy Management Committee, Creativity and Innovation Committee, Department Safety Committee, AGC’s Strategic Plan Committee, Joint Departmental Councils (MBJ), Head of Department Meeting, Building Maintenance Meeting, Service Providers Meeting, Human Resource Development Panel Meeting, Judiciary and Legislation Services Commission Meeting, Disciplinary Board Management Group (No. 2) Meeting, Disciplinary Board Supportive Group (No. 1) Meeting, Disciplinary Board Supportive Group (No. 2) Meeting, Promotion Board Meeting, Main Search Committee Meeting, Training Committee, Trust Account Committee, Financial and Account Management Committee, Revision and Monitoring Allocation Expenditure Committee, Ministry's OBB Implementation Committee (MOIC), Revision and Monitoring Allocation Expenditure Committee (Books acquisition), ICT Steering Committee, ICT Technical Committee, AGC Portal Management Committee.
•Execute Service Circulars and Government Orders.
Clients Charter
"We are committed to provide services of the highest quality, to be efficient and productive and to serve justly and equitably to our clients. As part of the commitment, we are dedicated to act in accordance with rules and regulations that are in force from time to time”

Inspectorate for Litigation Sector