THE ATTORNEY GENERAL

Appointment
- S. 143(1) appointed by YDPA on the advice of the PM
o Qualifications of a FCJ Art 123
Malaysian citizen
10 years prior to appointment, an advocate or
solicitor or member of the JLS or member of the
legal service of the state
- S. 143(5) holds office at the pleasure of the YDPA
o May resign and receive remuneration
Powers and privileges
- S. 143(3) has the discretion to institute, conduct and
discontinue proceedings for any offence except ones before
the Syariah court, native court or court-martial
- S. 143(3A) has the power to determine which court to
institute proceedings or transfer any case
- S. 143(4) has the right of audience in any court or tribunal,
take precedence before any other person in appearing before
any court
Functions
- S. 143(2) advise YDPA/Cabinet/any Minister on legal matters
- Chairman of LPQB
- Chairman of National Higher Education Council
- Member of JLSC and Pardon Board
Removal
- S. 143(6) on the like grounds and in the like manner of a FCJ
AG as PP
- S. 376(1) CPC AG = PP
o Has the control and direction of all criminal proceedings
or proceedings under the CPC
- S. 376(2) CPC SG = DPP
- S. 376(3) AG may appoint DPPs
o DPP = under the general control and directions of the PP
o May exercise all or any rights and powers vested in the
PP
- S. 377 every criminal prosecution/inquiry conducted by PP,
DPP, etc
- Long bin Samat v PP
o PP has a wide discretion to over control and direction of
criminal proceedings
o Can decide to charge under a less serious offence even
when there is evidence of a more serious offence which
should be tried in a higher court
- Johnson Tan v PP

o PP has power to discriminate against persons of same

offence (e.g. in possession of firearms) and may charge
them differently
o Can take into account the public interest
o Can base his decision on information available to the
courts he is in touch with the police and other
investigate agencies
o Public can show disproval against him by voting for the
opposite party
Dato Yap Peng v PP
o Issue of PP transferring case from Sessions Court to High
Court
o Art 143(3A) can transfer