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Attorney General of Malaysia

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Principal legal adviser of Malaysia

Attorney General of Malaysia
Peguam Negara Malaysia ڤڬوام نڬارا مليسيا‎

Incumbent Mohd Dusuki Mokhtar since 12 November 2024 (2024-11-12)
Attorney General's Chambers
Style	The Honourable (Malay:Yang Berbahagia)
Reports to	Prime Minister
Seat	Putrajaya
Appointer	Yang di-Pertuan Agong on the recommendation of thePrime Minister of Malaysia
Term length	No fixed term
Constituting instrument	Article 145 of theFederal Constitution
Formation	1946 (1946)
First holder	Kenneth O'Connor (as Attorney General of the Malayan Union)
Deputy	Solicitor General of Malaysia Solicitor General II of Malaysia Solicitor General III of Malaysia
Website	agc.gov.my

TheAttorney General of Malaysia (Malay:Peguam Negara also referred to asthe AG;Jawi:ڤڬوام نڬارا مليسيا‎) is the principal legal adviser ofMalaysia. The Attorney General is also the highest ranking publicprosecutor in the country and is also known as thePublic Prosecutor, or simplyPP. 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 otherCommonwealth common law jurisdictions, the head of the prosecuting authority in Malaysia is simply known as the Public Prosecutor, or PP, instead of theDirector of Public Prosecutions, or DPP. In Malaysia, aprosecuting 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 theAttorney General's Chambers. There are separate chambers for the state ofSabah andSarawak which deals withcivil 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 leaderAnwar Ibrahim clarified that his appointment will not adversely affect the status ofIslam in the country.^[4] Thomas resigned on 28 February 2020.^[5]

Article 145

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The A-G's overall powers, roles, and responsibilities are provided for in Article 145 of the Federal Constitution:

The Yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint a person who is qualified to be a judge of theFederal Court to be the Attorney General for the Federation.
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.
The Attorney General shall have power, exercisable at his 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.
1. Federal law may 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.
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.
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.
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 favourable 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.

List of attorneys general

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No.	Attorney General of Malayan Union	Term of office
No.	Attorney General of Malayan Union	Took office	Left office	Time in office
1.	Kenneth O'Connor	1946	1948	2 years

No.	Attorney General of Federation of Malaya	Term of office
No.	Attorney General of Federation of Malaya	Took office	Left office	Time in office
-	E. P. S. Bell(Acting)	1948	1948
1.	Stafford Foster-Sutton	1948	1950	2 years
2.	Michael Joseph Hogan	1950	1955	5 years
3.	Thomas Vernor Alexander Brodie	1955	1959	4 years
4.	Cecil Majella Sheridan	1959	1963	4 years

No.	Attorney General of Malaysia^[6]	Term of office
No.	Attorney General of Malaysia^[6]	Took office	Left office	Time in office
1.	Abdul Kadir Yusuf	1963	1977	14 years
2.	Hamzah Abu Samah	1977	1980	3 years
3.	Abu Talib Othman	1980	1993	13 years
4.	Mohtar Abdullah	1994	2000	6 years
5.	Ainum Mohd Saaid	January 2001	December 2001
6.	Tan Sri Datuk Seri Panglima Abdul Gani Patail (b.1955)	1 January 2002	27 July 2015	13 years, 207 days
7.	Tan Sri Dato' Sri Haji Mohamed Apandi Ali (b.1950)	27 July 2015	4 June 2018	2 years, 312 days
–	Engku Nor Faizah Engku Atek(Acting)^[7]	2018	2018
8.	Tan Sri Tommy Thomas (b.1952)	4 June 2018	28 February 2020	1 year, 269 days
–	Engku Nor Faizah Engku Atek(Acting)^[8]	3 March 2020	6 March 2020	3 days
9.	Tan Sri Dato' Sri Idrus Harun (b.1955)	6 March 2020	6 September 2023	3 years, 185 days
10.	Tan Sri Datuk Ahmad Terrirudin Mohd Salleh (b.1968)	6 September 2023	11 November 2024	1 year, 67 days
11.	Tan Sri Dato' Mohd Dusuki Mokhtar (b.1967)	12 November 2024	Incumbent	1 year, 17 days

References

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^"Malaysian PM pledges police chief, attorney-general not involved in Anwar's sodomy case". International Herald Tribune. 20 July 2008. Retrieved7 March 2009.
^"The trial of opposition parliamentarian Lim Guan Eng:an update". Amnesty International. 1 March 1997. Archived fromthe original on 8 August 2009. Retrieved7 March 2009.
^"Malaysian king consents to appointment of Tommy Thomas as Attorney-General".Channel NewsAsia.Mediacorp. 5 June 2018. Archived fromthe original on 14 June 2018. Retrieved5 June 2018.
^"Appointing Tommy Thomas as Attorney-General will not affect status of Islam: Anwar Ibrahim".Channel NewsAsia.Mediacorp. 6 June 2018. Archived fromthe original on 14 June 2018. Retrieved6 June 2018.
^"Tommy Thomas resigns as AG". Malaysiakini. 28 February 2020. Retrieved28 February 2020.
^"Roll of Former Attorney Generals".Attorney General's Chambers. Retrieved16 December 2022.
^"Dr M urged to disclose current status of Apandi and appoint new AG".New Straits Times. 2 June 2018. Retrieved5 June 2018.
^"Solicitor-General is acting AG".The Star. 3 March 2020. Retrieved3 March 2020.

External links

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Attorney General's Chambers of Malaysia Archived 30 December 2015 at theWayback Machine
Malaysian Judiciary
Malaysian Bar Council

Attorneys general of theBritish Empire and theUnited Kingdom

Legend: Current territory; Former territory; * Now aCommonwealth realm; Now a member of theCommonwealth of Nations

Europe
1175-1921Ireland 1708–1757Menorca Since 1713Gibraltar 1763–1782Menorca 1798–1802Menorca 1800–1813Malta (Protectorate) 1813–1964Malta (Colony) 1807–1890Heligoland 1809–1864Ionian Islands 1878–1960Cyprus 1921–1937Irish Free State

North America

17th century and before		18th century	19th and 20th century
1579New Albion 1583–1907Newfoundland 1605–1979 *Saint Lucia 1607–1776Virginia Since 1619Bermuda 1620–1691Plymouth Colony 1623–1883Saint Kitts *(Saint Kitts & Nevis) 1624–1966 *Barbados 1625–1650Saint Croix 1627–1979 *Saint Vincent and the Grenadines 1628–1883Nevis *(Saint Kitts & Nevis) 1629–1691Massachusetts Bay Colony 1632–1776Maryland since 1632Montserrat 1632–1860Antigua *(Antigua & Barbuda) 1636–1776Connecticut 1636–1776Rhode Island 1637–1662New Haven Colony	1643–1860Bay Islands Since 1650Anguilla 1655–1850Mosquito Coast (protectorate) 1655–1962 *Jamaica 1663–1712Carolina 1664–1776New York 1665–1674 and 1702–1776New Jersey Since 1666British Virgin Islands Since 1670Cayman Islands 1670–1973 *Bahamas 1670–1870Rupert's Land 1671–1816Leeward Islands 1674–1702East Jersey 1674–1702West Jersey 1680–1776New Hampshire 1681–1776Pennsylvania 1686–1689Dominion of New England 1691–1776Massachusetts	1701–1776Delaware 1712–1776North Carolina 1712–1776South Carolina 1713–1867Nova Scotia 1733–1776Georgia 1762–1974 *Grenada 1763–1978Dominica 1763–1873Prince Edward Island 1763–1791Quebec 1763–1783East Florida 1763–1783West Florida 1784–1867New Brunswick 1791–1841Lower Canada 1791–1841Upper Canada Since 1799Turks and Caicos Islands	1818–1846Columbia District/Oregon Country¹ 1833–1960Windward Islands 1833–1960Leeward Islands 1841–1867Province of Canada 1849–1866Vancouver Island 1853–1863Colony of the Queen Charlotte Islands 1858–1866British Columbia 1859–1870North-Western Territory 1860–1981 *British Antigua and Barbuda 1862–1863Stikine Territory 1866–1871Vancouver Island and British Columbia 1867–1931 *Dominion of Canada² 1871–1964British Honduras (*Belize) 1882–1983 *Saint Kitts and Nevis 1889–1962Trinidad and Tobago 1907–1949Dominion of Newfoundland³ 1958–1962West Indies Federation

1. Occupied jointly with the United States.
2. In 1931, Canada and other Britishdominions obtained self-government through theStatute of Westminster. SeeCanada's name.
3. Gave upself-rule in 1934, but remained ade jure Dominion until itjoined Canada in 1949.

South America
1651–1667Willoughbyland (Suriname) 1670–1688Saint Andrew and Providence Islands⁴ 1831–1966British Guiana (Guyana) Since 1833Falkland Islands⁵ Since 1908South Georgia and the South Sandwich Islands⁵
4. Now theSan Andrés y Providencia Department ofColombia. 5. Occupied by Argentina during theFalklands War of April–June 1982.

Africa

17th and 18th centuries	19th century		20th century
Since 1658Saint Helena¹⁴ 1792–1961Sierra Leone 1795–1803Cape Colony	Since 1815Ascension Island¹⁴ Since 1816Tristan da Cunha¹⁴ 1806–1910Cape Colony 1807–1808Madeira 1810–1968Mauritius 1816–1965The Gambia 1856–1910Natal 1868–1966Basutoland (Lesotho) 1874–1957Gold Coast (Ghana) 1882–1922Egypt	1884–1966Bechuanaland (Botswana) 1884–1960British Somaliland 1887–1897Zululand 1890–1962Uganda 1890–1963Zanzibar (Tanzania) 1891–1964Nyasaland (Malawi) 1891–1907British Central Africa Protectorate 1893–1968Swaziland 1895–1920East Africa Protectorate 1899–1956Anglo-Egyptian Sudan	1900–1914Northern Nigeria 1900–1914Southern Nigeria 1900–1910Orange River Colony 1900–1910Transvaal Colony 1906–1954Nigeria Colony 1910–1931South Africa 1914–1954Nigeria Colony and Protectorate 1915–1931South West Africa (Namibia) 1919–1960Cameroons (Cameroon)⁶ 1920–1963Kenya 1922–1961Tanganyika (Tanzania)⁶ 1923–1965Southern Rhodesia (Zimbabwe)⁷ 1924–1964Northern Rhodesia (Zambia) 1954–1960Nigeria 1979–1980Southern Rhodesia (Zimbabwe)⁷

6.League of Nations mandate.
7.Self-governing Southern Rhodesiaunilaterally declared independence in 1965 (asRhodesia) and continued as anunrecognised state until the 1979Lancaster House Agreement. After recognised independence in 1980, Zimbabwe was a member of the Commonwealth until it withdrew in 2003.

Asia

17th and 18th century	19th century		20th century
1652–1950Madras Presidency 1668-1947Bombay Presidency 1685–1824Bencoolen (Sumatra) 1702–1705Pulo Condore 1757–1947Bengal Presidency (West Bengal (India) andBangladesh) 1762–1764Manila and Cavite 1786–1946Penang (Malaysia) 1795–1948Ceylon (Sri Lanka) 1796–1965Maldives	1812–1824Banka (Sumatra) andBilliton (Sumatra) 1819–1826British Malaya (West Malaysia andSingapore) 1826–1946Straits Settlements (Malaysia andSingapore) 1839–1967Colony of Aden 1839–1842Afghanistan 1841–1997Hong Kong 1841–1946Kingdom of Sarawak (Malaysia) 1848–1946Labuan (Malaysia) 1858–1947British India (India,Pakistan andBangladesh, Burma) 1874–1963British Borneo (East Malaysia andBrunei)	1879–1919Afghanistan (protectorate) 1882–1963British North Borneo (Malaysia) 1885–1946Unfederated Malay States 1888–1984Sultanate of Brunei 1891–1971Muscat and Oman protectorate 1892–1971Trucial States 1895–1946Federated Malay States 1898–1930Weihai Garrison 1878–1960Cyprus	1907–1949Bhutan (protectorate) 1918–1961Kuwait protectorate 1920–1932Iraq⁸ 1921–1946Transjordan⁸ 1923–1948Palestine⁸ 1945–1946South Vietnam 1946–1963North Borneo (Malaysia) 1946–1963Sarawak (Malaysia) 1946–1963Singapore 1946–1948Malayan Union 1948–1957Federation of Malaya (Malaysia) Since 1960Akrotiri and Dhekelia (before as part ofCyprus) Since 1965British Indian Ocean Territory (before as part ofMauritius and theSeychelles)

⁸League of Nations mandate. Iraq's mandate was not enacted and replaced by theAnglo-Iraqi Treaty

Oceania

18th and 19th centuries		20th century
1788–1901New South Wales 1803–1901Van Diemen's Land/Tasmania 1807–1863Auckland Islands⁹ 1824–1980New Hebrides (Vanuatu) 1824–1901Queensland 1829–1901Swan River Colony/Western Australia 1836–1901South Australia since 1838Pitcairn Islands	1841–1907Colony of New Zealand 1851–1901Victoria 1874–1970Fiji¹⁰ 1877–1976British Western Pacific Territories 1884–1949Territory of Papua 1888–1901Cook Islands⁹ 1889–1948Union Islands (Tokelau)⁹ 1892–1979Gilbert and Ellice Islands¹¹ 1893–1978British Solomon Islands¹²	1900–1970Tonga (protected state) 1900–1974Niue⁹ 1901–1942 *Commonwealth of Australia 1907–1953 *Dominion of New Zealand 1919–1942Nauru 1945–1968Nauru 1919–1949Territory of New Guinea 1949–1975Territory of Papua and New Guinea¹³

9. Now part of the *Realm of New Zealand.
10. Suspended member.
11. NowKiribati and *Tuvalu.
12. Now the *Solomon Islands.
13. Now *Papua New Guinea.

Antarctica and South Atlantic
Since 1658Saint Helena¹⁴ Since 1815Ascension Island¹⁴ Since 1816Tristan da Cunha¹⁴ Since 1908British Antarctic Territory¹⁵ 1841–1933Australian Antarctic Territory (transferred to theCommonwealth of Australia) 1841–1947Ross Dependency (transferred to theRealm of New Zealand)
14. Since 2009 part ofSaint Helena, Ascension and Tristan da Cunha; Ascension Island (1922–) and Tristan da Cunha (1938–) were previously dependencies of Saint Helena. 15. Both claimed in 1908; territories formed in 1962 (British Antarctic Territory) and 1985 (South Georgia and the South Sandwich Islands).

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