The China-ASEAN Prosecutors-General Conference

OVERVIEW

The Attorney General is the principal legal adviser to the Government of His Majesty the Sultan and Yang Di-Pertuan. He is assisted by the Solicitor General and Counsels in advising the Government and representing the Government in civil and criminal cases. The Attorney General is also responsible for the drafting of legislation. In carrying out the task of legislative drafting, the Attorney General's Chambers work closely with the relevant Government Ministries and Departments.
The Attorney General is vested with the power under Article 81 of the Constitution to institute, conduct or discontinue any offence other than proceedings before a syariah court or proceedings before a court martial. All criminal prosecutions are instituted in the name of the Public Prosecutor. In carrying out this duty, the Attorney General is not subject to the direction or control of any person or authority. He is assisted by Deputy Public Prosecutors in the conduct of criminal trials held at the Supreme Court and the Subordinate Courts.
In addition, the Public Prosecutor and his Deputies also advise, and direct prosecution undertaken by the police and other law enforcement Departments including rendering advice in their investigations.

ORGANIZATIONAL CHART

DIVISIONS

Civil Division
Introduction

The Civil Division was formed in 1996 when work in the Attorney General’s Chambers was formally divided into the 5 divisions known today. Datin Paduka Magdalene Chong was the Head of the Civil Division since its inception. As of 11th April 2011, Dayang Hajah Rahayu binti Dato Paduka Haji Abdul Razak was appointed as her successor.

Scope of Work

The duties and responsibilities of the Civil Division include:
• Providing legal advice, when requested, to Ministries, Government departments and statutory bodies;
• Representing the Attorney General in meetings with Ministries, departments, statutory bodies, committees, boards of inquiries, taskforces, etc;
• Drafting and vetting contracts and other legal documentation;
• Conducting and managing civil litigation and arbitration on behalf of the Government;
• Representing the Attorney General in matters and proceedings under the Legal Profession Act [Cap 132];
• Providing advisory services with respect to legislations and law reform project;
• Performing company secretarial in Government Linked Companies (GLC);
• Negotiating and drafting international treaties and agreements (e.g. DTAs, BITs) and Memorandum of Understandings, (in addition to those handled by the International Affairs Division); and
• Conducting talks and presentations to Ministries, departments and statutory bodies.

Criminal Justice Division

Mission Statement:

"Safeguarding a fair criminal justice system for the public, victims and defendants by maintaining a competent and impartial prosecution service"

Core Responsibilities of the Criminal Justice Division include:

• Conduct Criminal Prosecution
• Advise law enforcement agencies regarding criminal law issues
• Supervise and advise law enforcement agencies in the investigation of cases
• Conduct seminars, talks and dialogues with relevant stakeholders
• Assist in the formulation of policies and together with the Legislative Drafting Division, reviews, drafts and amends criminal law related legislation.
• Assist the International Affairs Division in reviewing and studying international treaties, conventions and other international or regional instruments.
• Assist relevant Ministries and agencies on any necessary legislative or administrative measures (in relation to criminal enforcement) as regards the instruments to which Brunei is a party or is proposed to be one.

International Affairs Division

Background

The International Law Division, as it was known then, was established in 1996 with only 6 officers. Before 1996, international legal advisory matters were generally delegated to a few identified officers of the Attorney General’s Chambers. Pengiran Hajah Zabaidah binti Pengiran Haji Kamaludin was instrumental in the establishment of the Division and was the first Head of the Division. In 2001, Pengiran Kasmirhan Bin Pengiran Haji Tahir assumed the Head of the Division until May 2006. Since then Dayang Hjh Nor Hashimah Binti Haji Mohd. Taib, Principal Counsel was appointed to become the Head of the Division and currently there are in total 11 Counsels and 3 Legal Officers working under her in the Division.
Since its establishment, the work and simultaneously the specialisation of the Division in the areas of international law have grown and to reflect this, the name of the Division was, with effect from 1st of May 2007 changed to International Affairs Division.

Task and Function

The functions of the International Affairs Division are as follows:
• Giving advisory service on international law to the relevant Ministries and Government Agencies;
• Attending international meetings as the legal adviser of the Brunei Darussalam delegation and preparing official reports and recommendations following the international meetings attended;
• Preparing Papers on Legal Opinion, Legal Brief as well as Working Papers involving issues of international law;
• Undertaking comprehensive studies and preparing recommendation papers and legal opinion on the implications of international treaties and conventions prior to the signing, accession and/or ratification;
• Preparing necessary international documents such as Instrument of Ratification or Accession, Instrument of Full Powers etc.; and
• Undertaking studies and research for the purposes of preparing country reports as well as advising and/or vetting the various national reports which is submitted as part of Brunei Darussalam’s international legal obligation such as the World Trade Organization Trade Policy Review, Review for the Convention on Trade-Related Aspects on Intellectual Property Rights and Country Review for the Convention on the Rights of the Child, in the various international fora;
• Representing the Attorney General in various National Committees, Task Forces and Advisory Bodies.

Scope of Work

The scope of work of the International Affairs Division extensively covers:
- International Trade Law,
- Bilateral and Multilateral Negotiations,
- Civil Aviations/Outer Space,
- Human Rights,
- International Humanitarian Law,
- International Organisations,
- International Banking and Finance,
- Environment Law,
- International Dispute Settlement,
- International Criminal Law,
- Maritime and Territorial Waters, and
- Military Cooperation.

Legislation and Research Division

The core responsibilities of Legislation and Research Division are as follows:
• Responsible to the Attorney General for the drafting of legislation or the approval of drafts prepared by other Ministries or Departments or by other Divisions within the Attorney General's Chambers and that these laws are in accordance with the Constitution of Brunei Darussalam and the policies of the Government of His Majesty the Sultan and Yang Di-Pertuan and that they do not contravene Brunei Darussalam's local customs and traditions.
• Ensures that all legislation drafted for consideration by His Majesty the Sultan and Yang Di-Pertuan or the Legislative Council conforms to legislative drafting norms.
• Works closely with the Translation and Information and Communication Technology and BRULAW Units within the Attorney General's Chambers and also with the Government Printers.
• Responsible to the Attorney General, who has the statutory duties and functions under the Law Revision Act (Chapter 1) for the periodic revision of the Revised Edition of the Laws. Law revision is a continuous process and is an exercise to eliminate the accumulation of amendments, and of newly-made laws, in having them all textually up-dated and introduced and reprinted into the Revised Edition of the Laws of Brunei. The extent of the exercise depends on how much legislation has been passed since the last Law Revision Order was made and how much time has elapsed since then.
• Forwards detailed monthly reports for the Attorney General on the status of all legislation that is being prepared or considered.

Administration and Finance Division

The main function of this Section is generally to manage and administer the administration and finance affairs. This section is divided into 4 units which are as follows:-
1. Human Resources Unit
2. Management Unit
3. Archive Unit
4. Registry Division

Human Resources Unit
• Secretary and Head of the Secretariat to the Human Resources Committee of the Attorney General's Chambers.
• Managing the filling of posts and confirmation of posts including Daily Paid Posts.
• Managing the recommendation for promotion including the Fast Track Promotion.
• Implementation of the 'Talent Management & Succession Planning'.
• Planning and Management of the Schemes of Service.
• Planning and Management of the Development Programme including Long Term (LDP) & Short Term (HRD) Training.
• Management with regard to attending of Meetings, Conferences, Visits & Courses.
• Monitoring the achievement of KPI for every Division.
• Coordinating the management of performance of the officers and staffs of Chambers.

Management Unit
• Management and handling the general administration of Chambers including record of services, leave application and recommendation for bestowal of awards and medals.
• Management and handling of GEMS.
• Preparing annual Budget of Chambers and Report of Allocation of Expenditure.
• Management and handling of financial affairs including salaries, allowances and loans.
• Responsible for providing a conducive atmosphere and comfortable and safe in workplace including the custody and maintenance of assets of Chambers.
• Planning, managing and implementation of RKN projects and Special Provisions.
• Responsible for press release, media coverage and publicity towards improving the image of Chambers and handling of visits to Chambers or outside Chambers.

Archive Unit
• Responsible to the Chambers in ensuring the smooth running of the files and records by recording the outgoing/incoming files in the computer and file entry, to record all correspondences received from the Confidential Secretary (AGC) in the computer and acceptance entry file for the action of the instructed officers.
• Responsible in the planning and maintenance of indices and filing system (record keeping), including preservation of file covers by replacing damage ones.
• Responsible for the opening of files in relation to new matters and the closing of files upon instruction and if considered necessary.
• To update files and to check the cross reference of the documents, papers and other correlative matters.
• To check all correspondences received from typist to ensure the reference of the correspondences is correct or otherwise.
• To perform/carry out other duties as instructed/directed by the Attorney General and Heads of Divisions.
• To enter in the list of file indices of any sub-file opened for matters in relation to claims for payments/debts/overdue from Ministries and Government Departments.
• To check AIMS system continuously in order to obtain the file reference of any correspondence receives and application to open new files as well as to ensure the reference is correct.
• To ensure that every new file opened is entered into AIMS system and no continuously update it including list of file indices in relation to payment claims/overdue from Ministries and Government Departments.

Registry Unit
• Receiving, reviewing and processing new application and cancellation of Power of Attorney.
• Receiving application for registration of marriages of non-Muslims who wed traditionally within and outside Brunei.
• Processing, reviewing and preparing certificate of marriage for Register of Marriages.
• Receiving payment and issuing receipt of payment accepted by the Registration Unit in relation to the registration and cancellation of Power of Attorney and registration of marriages.
• Preparing Revenue Detail Report.
• Managing registration of Bills of Sales.