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Monday, June 4, 2018

WHO IS TOMMY THOMAS?



WHY HAS HE  BECOME AN ISSUE?

Just blank out that name.
The Prime Minister of Malaysia
Thomas the Train???

Let's talk about the candidate for the position of Attorney General in Malaysia

Who decides to pick the candidate for the position in accordance with the law?

This appointment must be done in accordance with the Federal Constitution. 

KEEP IN MIND THAT NO ONE AND ABSOLUTELY NO ONE, IS ABOVE THE FEDERAL CONSTITUTION.

THE ANSWERS TO THE QUESTIONS POSED ABOVE CAN BE FOUND BELOW:


THE ATTORNEY GENERAL OF MALAYSIA


The Attorney General is the principal legal adviser to the Government. His role and responsibilities are provided for in Article 145 of the Federal Constitution. Article 145 of the Federal Constitution provides:

(1) The Yang di-Pertuan Agong *shall, on the advice of the Prime Minister, appoint a person who is qualified to be a judge of the Federal Court to be the Attorney General for the Federation.


(2) 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.


(3) 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.

(3A) 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.


(4) 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.


(5) 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.


(6) 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.




Please note the words in item (1) above; the word "*shall" is is used and it is important to note what that word means in this case;


*"when drafting a legal document, the term "shall" is used to indicate that something must be done, as opposed to the term "may" which simply means that something is allowed". 

The term shall is used here and it simply means there is no choice and that the Yang di-Pertuan must on the advice of the Prime Minister appoint the  person the Prime Minister advises him to appoint, there is no reference to race or creed.

All conditions fulfilled the appointment must go on, no one  can introduce any other terms.

As far as Islamic law in Malaysia is concerned it is interesting to note what the Borneo Post reported some time ago;

"According to Malaysian jurist Zaiton Othman, contrary to the perception of many, Malaysia is not an Islamic country. The Federal Constitution of Malaysia provides that Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation."
 

The Attorney General is not the person to advice the King on matters of Islamic law,  as is clearly implied in item (3) above  Matters of the Syriah courts are beyond his purview.

The Attorney General however will advise the Prime Minister and the King on the provisions of the Federal Constitution as may from time  to time be requested by either the King, the Prime Minister, or any Minister in the cabinet of Malaysia.

What is is of utmost importance is that the person who holds the position is qualified and capable and is appointed after taking into account the best interest of the country which is matter for the government fo the day to decide.



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