The Attorney General's Chambers (AGC; Malay: 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 AGC. Moreover, assisting the Royal Brunei Police Force (RBPF) and other enforcement agencies in carrying out their investigations, advising and approving prosecutions.[1]
| Attorney General of Brunei | |
|---|---|
| Peguam Negara Brunei ڤڬوام نڬارا بروني | |
 | |
 | |
| Attorney General's Chambers | |
| Style | The Honourable (Malay: Yang Berhormat) |
| Type | Attorney General |
| Member of | Council of Cabinet Ministers |
| Reports to | Prime Minister |
| Seat | Attorney General's Chambers, Bandar Seri Begawan, Brunei |
| Appointer | Hassanal Bolkiah as Sultan of Brunei |
| Term length | At His Majesty's pleasure |
| Constituting instrument | Constitution of Brunei |
| Precursor | Attorney General of Sarawak |
| Formation | 29 September 1959 |
| First holder | Ali Hassan |
| Website | www.agc.gov.bn |
History
editThe 1905–1906 Supplementary Agreement created the British Residential system, while the 1908 Enactment, which reorganised the nation's legal system, amended it subsequently. The Court of the Resident, Magistrates of the First and Second Class, Native Magistrates, and tribunals of Kathis were the five categories of tribunals described in this second statute. With the exception of instances involving marriages consummated in accordance with British law, the Court of the Resident served as the principal court for civil and criminal proceedings, having both original and appellate jurisdiction. First Class Magistrates handled more serious crimes and civil disputes up to a specific value, whereas Second Class Magistrates had more restricted jurisdiction. Magistrates' courts were divided into classes. Islamic law matters and Malays were heard by the Native Magistrates and Kathis Courts.[2]
Prior to 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 of Brunei 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]
Functions
editThe Attorney General, supported by the solicitor general and counsels, serves as the primary legal advisor to the Sultan and Government of Brunei. In addition to representing the government in civil and criminal proceedings, the Attorney General collaborates with various ministries and departments to draft legislation. Under Article 81 of the Constitution, the Attorney General is empowered to initiate, conduct, or terminate criminal proceedings, with all prosecutions conducted in the name of the public prosecutor, assisted by deputy public prosecutors for trials in both Supreme and Subordinate Courts.[3]
The Attorney General also advises during investigations and prosecutions carried out by the RBPF and other agencies. Key legislation such as the Criminal Procedure Code, Anti-Terrorism Order, and Criminal Asset Recovery Order outlines additional statutory duties for the office. The Attorney General further serves as the Registrar for Registries of Industrial Designs, Marriages, Patents, and Trade Marks, providing essential public services.[3] Appointed by the Sultan, the Attorney General operates independently and can be removed from office at the Sultan's discretion.[4]
List of attorneys general
edit- Symbols
| No. | Portrait | Name[5] | Term start | Term end | Time in office | Monarch | Ref. |
|---|---|---|---|---|---|---|---|
| 1 | 
|
Tan Sri Datuk Ali Hassan علي حسن (b.1916) |
29 September 1959 | 19 September 1961 | 1 year, 355 days | Omar Ali Saifuddien III | [6][7] |
| 2 | 
|
Tan Sri Dato' Paduka Abdul Aziz Zain عبدالعزيز زاين (1922–2012) |
20 September 1961 | 14 January 1963 | 1 year, 116 days | Omar Ali Saifuddien III | [8] |
| 3 | 
|
Pehin Orang Kaya Laila Kanun Diraja Dato Laila Utama Idris Talog Davies (1917–1977) |
15 January 1963 | 22 July 1977 | 14 years, 188 days[a] | Omar Ali Saifuddien III | [9][10] |
| 4 | 
|
Pengiran Laila Kanun Diraja Pengiran Bahrin ڤڠيرن بهرين (b.1946) |
1 January 1978 | 24 June 1998 | 20 years, 235 days | Hassanal Bolkiah | [11] |
| 5 | Dato Seri Paduka Kifrawi Kifli كيفراوي كيفلي |
24 June 1998 | 4 August 2009 | 10 years, 345 days | Hassanal Bolkiah | [12] | |
| 6 | 
|
Datin Seri Paduka Hayati Salleh حياتي صالح |
4 August 2009 | 18 August 2018 | 9 years, 14 days[b] | Hassanal Bolkiah | [12] |
| 7 | 
|
Dato Paduka Hairol Arni هايرول ارني |
18 August 2018 | 27 July 2020 | 1 year, 344 days[c] | Hassanal Bolkiah | [13][14] |
| – | 
|
Zuraini Sharbawi ذورايني شرباوي |
27 July 2020 | 6 October 2020 | 71 days[d] | Hassanal Bolkiah | [14][15] |
| 8 | 
|
Dato Seri Paduka Ahmad Isa احمد عيسى |
6 October 2020 | 29 February 2024 | 3 years, 146 days | Hassanal Bolkiah | [15][16] |
| 9 |
|
Datin Seri Paduka Nor Hashimah Taib نور هشيمه طائب |
29 February 2024 | Incumbent | 297 days | Hassanal Bolkiah | [17] |
Notes
editReferences
edit- ^ a b Sidhu, Jatswan S. (2009-12-22). Historical Dictionary of Brunei Darussalam. Scarecrow Press. p. 28. ISBN 978-0-8108-7078-9.
- ^ "CHAPTER 1-HISTORICAL OVERVIEW" (PDF). ASEAN Law Association. pp. 1–2. Retrieved 2024-10-10.
- ^ a b c "Overview". Attorney General's Chambers. Retrieved 2024-07-23.
- ^ "Brunei Darussalam 1959 (rev. 2006)". Constitute Project. Retrieved 2024-10-10.
- ^ "History". Attorney General's Chambers. 2020. Retrieved 2023-06-25.
- ^ "PENASIHAT UNDANG2 N. SEMBILAN DI-UMUMKAN JADI PEGUAM NEGARA" (PDF). Pelita Brunei (in Malay). 29 September 1959. p. 10. Retrieved 2024-10-09.
- ^ The Bar list of the United Kingdom: 1977. Stevens & Sons. 1977. p. 399. ISBN 978-0-420-45230-6.
- ^ "PEGUAM NEGARA" (PDF). Pelita Brunei (in Malay). 18 October 1961. p. 3. Retrieved 2024-10-10.
- ^ "The London Gazette" (PDF). www.thegazette.co.uk. 1977-11-14. Retrieved 2023-01-11.
- ^ State of Brunei: Annual Report 1977. Brunei Press. 1977.
- ^ The Malayan Law Journal. Malaya Publishing House Limited. 1978. p. 228.
- ^ a b Stephen, Ignatius (2009-08-05). "Sultan appoints first Bruneian Chief Justice". www.sultanate.com. Retrieved 2022-12-31.
- ^ "Appointment of Yang Berhormat Dato Paduka Haji Hairol Arni bin Haji Abdul Majid as Attorney General". State Judiciary Department. Retrieved 2022-12-31.
- ^ a b Bandial, Ain (2020-10-05). "Brunei sees appointment of new Attorney General". The Scoop. Retrieved 2024-01-13.
- ^ a b Ain Bandial (2020-10-05). "Brunei sees appointment of new Attorney General". thescoop.co. Retrieved 2023-08-10.
- ^ "Chair – ALA Brunei Darussalam". ASEAN Law Association. 2021-09-03. Retrieved 2023-08-10.
- ^ "New appointment of Attorney General". Borneo Bulletin Online. 2024-02-28. Retrieved 2024-02-29.