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Attorney General of Brunei

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Attorney General of Brunei
Peguam Negara Brunei
ڤڬوام نڬارا بروني
since 29 February 2024 (2024-02-29)
Attorney General's Chambers
StyleThe Honourable (Malay: Yang Berhormat)
Member ofCabinet of Brunei
Reports toPrime Minister
SeatMinister
AppointerSultan of Brunei
Term lengthNo fixed term
Constituting instrumentConstitution
PrecursorAttorney General of Sarawak
Formation29 September 1959; 65 years ago (1959-09-29)
First holderAli Hassan
(as Attorney General of Sarawak)
Aziz Mohd. Zain
(as Attorney General of Brunei)
Websitewww.agc.gov.bn

The Attorney General's Chambers (AGC), natively known as the Pejabat Peguam Negara, is the public prosecutor of Brunei, and legal adviser to the Government of Brunei. The functions of the attorney general are carried out with the assistance of the deputy attorney-general and the solicitor-general, through the Attorney General's Chambers (AGC). Moreover, assisting the Royal Brunei Police Force (RBPF) and other enforcement agencies in carrying out their investigations, advising and approving prosecutions.[1]

Overview

With assistance from the Solicitor General and Counsels, the Attorney General serves as the Sultan and the Government of Brunei's primary legal advisor. In addition to defending the government in civil and criminal proceedings, the Attorney General's duties also include advising the government and crafting laws in conjunction with other ministries and departments. The Attorney General is empowered by Article 81 of the Constitution to initiate, carry out, or terminate any criminal proceedings. All criminal prosecutions are carried out in the Public Prosecutor's name, with the assistance of Deputy Public Prosecutors for trials in the Supreme Court and Subordinate Courts.[2]

Along with giving guidance during investigations, the Public Prosecutor and his Deputies oversee and advise on prosecutions carried out by the RBPF and other law enforcement agencies. The Law Revision Act, the Maintenance Orders Reciprocal Enforcement Act, the Reciprocal Enforcement of Foreign Judgments Act, the Criminal Procedure Code, the Anti-Terrorism Order, the Criminal Asset Recovery Order, the Plant Varieties Protection Order, and the Emergency (Copyright) Order are just a few of the laws that impose statutory duties on the Attorney General.[2]

In addition to his major responsibilities, the Attorney General provides public services by acting as the Registrar of the Registries of Industrial Designs, Marriages, Patents, Powers of Attorney, and Trade Marks. The public can access a list of law firms in Brunei on the website of the Law Society of Brunei Darussalam for legal advice.[2]

History

Prior to 29 September 1959, the Attorney General of Sarawak handled the role of Legal Adviser for the Bruneian Government, with assistance from a Deputy Legal Adviser based in Brunei. The Attorney General of Brunei was appointed on 29 September 1959, the day the Constitution was declared, and as of that date, the Attorney General of Sarawak was no longer the government's legal adviser.[3] In August 2008, the position of Attorney General was promoted to ministerial rank.[1]

List of attorneys general

No. Portrait Attorney General Term start Term end Time in office Notes Ref.
1 Ali Hassan 29 September 1959 20 September 1961 1 year, 356 days First Attorney General of Brunei and holds the title of Tan Sri. [1]
2 Abdul Aziz Zain 20 September 1961 15 January 1963 1 year, 117 days Holds the title of Tan Sri. [1]
3 Idris Talog Davies 15 January 1963 22 July 1977 14 years, 188 days Died in office on 21 July 1977. [1]
4 Bahrin Abas 1 January 1978 24 June 1998 20 years, 235 days [1]
5 Kifrawi Kifli 24 June 1998 4 August 2009 10 years, 345 days [1]
6 Hayati Mohd Salleh 4 August 2009 18 August 2018 9 years, 14 days First female in the position. [4]
7 Hairol Arni 18 August 2018 27 July 2020 1 year, 344 days Tenure suddenly terminated on 27 July 2020. [5][6]
– Zuraini Sharbawi 27 July 2020 6 October 2020 71 days Replacement for Hairol Arni. [6]
8 Ahmad Isa 6 October 2020 29 February 2024 3 years, 146 days [3]
9 Nor Hashimah Taib 29 February 2024 Incumbent 256 days [7]

See also

References

  1. ^ a b c d e f g Sidhu, Jatswan S. (2009-12-22). Historical Dictionary of Brunei Darussalam. Scarecrow Press. p. 28. ISBN 978-0-8108-7078-9.
  2. ^ a b c "Overview". Attorney General's Chambers. Retrieved 2024-07-23.
  3. ^ a b "History". Attorney General's Chambers. Retrieved 2022-07-14.
  4. ^ "Sultanate - News | Negara Brunei Darussalam | Sultan appoints first Bruneian Chief Justice". www.sultanate.com. Retrieved 2022-12-31.
  5. ^ "Judiciary News and Current Issues - Appointment of Yang Berhormat Dato Paduka..." www.judiciary.gov.bn. Retrieved 2022-12-31.
  6. ^ a b Bandial, Ain (2020-10-05). "Brunei sees appointment of new Attorney General". The Scoop. Retrieved 2024-01-13.
  7. ^ "New appointment of Attorney General » Borneo Bulletin Online". New appointment of Attorney General. 2024-02-28. Retrieved 2024-02-29.
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