Attorney-General of Singapore explained

Post:Attorney-General
Body:the
Republic of Singapore
Department:Attorney-General's Chambers
Incumbent:Lucien Wong
Incumbentsince:14 January 2017
Style:
Appointer:President of Singapore
Nominator:Prime Minister of Singapore
Inaugural:Ahmad Mohamed Ibrahim
Termlength:Tenure until the age of 60
Constituting Instrument:Constitution of Singapore, Article 35(1)
Deputy:
  • Deputy Attorney-General
  • Solicitor-General

The attorney-general of Singapore is the public prosecutor of the Republic of Singapore and legal adviser to the Government of Singapore. The attorney-general is the head of the Attorney-General's Chambers (AGC), whose staff carries out the functions of the attorney-general. The attorney-general is appointed by the president, on the advice of the prime minister, under Article 35 of the Constitution of Singapore.[1] Unlike some countries that follow the Westminster parliamentary model, the attorney-general is not a Member of Parliament.[2]

The Office of Attorney-General was established in 1867, when the British Crown appointed the attorney-general of the Straits Settlements, based in Singapore, to serve as legal adviser to the new Crown colony's government.

Functions

The attorney-general of Singapore has two distinct roles: legal adviser to the Singapore Government and public prosecutor, assisted by legal officers in the four divisions of the Attorney-General's Chambers (AGC).

Legal adviser to the government

The attorney-general's role as the Government's legal adviser is performed by the AGC's Civil Division. The functions of the attorney-general include advising ministries and organs of state on legal matters; drafting and vetting contracts and legal documents; and representing the Government in international initiatives and litigation matters, among others.[3]

The International Affairs Division advises Government agencies on international-law issues, represents Singapore in bilateral and multilateral negotiations, and negotiates and drafts multilateral and bilateral legal instruments, among other roles.[4]

The Legislation Division comprises four groups. The Law Drafting Group drafts legislation and advises Government agencies on development of legislation. The Legislative Editorial and Revision Group undertakes law revision. The Law Publication Group maintains Singapore Statutes Online, among other duties. The Business Services and Governance Group provides administrative support to the other groups.[5]

Public Prosecutor

The attorney-general's role as the public prosecutor is performed by the AGC's Crime Division. Prosecutorial discretion[2] grants the attorney-general the power to institute, conduct or discontinue any prosecution at the attorney-general's discretion.[6]

History

Pre-1867

See also: List of Recorders of Penang, Singapore and Malacca.

Between the grant of the Second Charter of Justice in 1826 and the formation of the Crown colony of the Straits Settlements in 1867, the function of legal adviser to the government in Singapore was vested in various offices. From 1826 to 1855, it was the Recorder of the Prince of Wales Island, Malacca and Singapore; from 1855 to 1864, the Recorder of Singapore; and from 1864 to 1867, the Crown Counsel, Singapore.[7]

1867–1942: Attorney-General of the Straits Settlements

The office of Attorney-General was created on 1 April 1867, when Sir Thomas Braddell was appointed as the first attorney-general of the Straits Settlements. He was based in Singapore while his solicitor-general, Daniel Logan, was based in Penang.

1942–1945: Japanese occupation of Singapore

Following the fall of Singapore on 15 February 1942, Japanese troops arrested the attorney-general, Charles Gough Howell,, who died in Japanese captivity. Concurrently, the civilian courts ceased to function.

Subsequently, the Japanese military administration established the office of Kensatsu-kan, or Attorney-General and Public Prosecutor,[8] presumably on 27 May 1942 when the civilian courts were re-opened by proclamation.[9]

1945–1946: British Military Administration

Following the formal surrender of Japanese forces in Southeast Asia on 12 September 1945, the responsibility of rendering legal advice to the British Military Administration of Malaya lay with its Chief Legal Officer.

1946–1959: Attorney-General of the Colony of Singapore

When Singapore became a Crown colony on 1 April 1946, Sir Edward John Davies, was appointed as the first attorney-general of the Colony of Singapore.

1959–1965: State Advocate-General of the State of Singapore

After the State of Singapore gained full internal self-governance in 1959, Ahmad Mohamed Ibrahim was appointed State Advocate-General, becoming Singapore's first non-British legal adviser to the government.

Post-1965: Attorney-General of the Republic of Singapore

Following the Republic of Singapore's independence on 9 August 1965, Ahmad Mohamed Ibrahim became the country's first attorney-general.

The appointment of Lucien Wong,, as the ninth attorney-general, was debated in Parliament. He was aged 63 at the time of his appointment; the retirement age is 60 and he was older than the previous Attorney-General who retired at age 60. Minister for Law K. Shanmugam, who was a senior partner with Wong at Allen & Gledhill,[10] argued that his appointment, being for a specified term, was “in accordance with Article 35 of the Constitution.”[11]

Wong was previously the personal lawyer of Prime Minister Lee Hsien Loong and also advised Lee on issues relating to Lee Kuan Yew's will.[12]

List of officeholders (1867–1965)

Attorney-General of the Straits Settlements

Attorney-General of the Straits SettlementsTook officeLeft office
1Thomas Braddell1 April 18671 January 1883
John Augustus Harwood (acting)2 January 18832 October 1883
2John Winfield Bonser3 October 18836 November 1893
3William Robert Collyer7 November 18934 February 1906
John Robert Innes (acting)5 February 190628 February 1907
4Walter John Napier1 March 190731 December 1909
5Frederick Belfield1 January 191020 February 1911
6Thomas de Multon Lee Braddell21 February 191124 January 1913
Evelyn Campbell Ellis (acting)25 January 191324 April 1913
7Gerald Aubrey Goodman25 April 191318 November 1919
8James William Murison19 November 19199 July 1925
9Michael Whitley10 July 192512 July 1929
10Walter Huggard13 July 192920 April 1933
11Percy Alexander McElwaine21 April 193310 August 1936
Newnham Arthur Worley (acting)27 October 193610 December 1936
12Charles Gough Howell11 August 193614 February 1942

Kensatsu-kan of Syonan-to

Kensatsu-kan of Syonan-toTerm startTerm end
15 February 194226 May 1942
1Ichihara Kakka27 May 194211 September 1945

Attorney-General of the Crown Colony of Singapore

Attorney-General of the Crown Colony of SingaporeTook officeLeft office
1Sir John Davies, 1 April 19465 September 1955
2Charles Harris Butterfield, 6 September 19551 July 1957
3Ernest Pattison Shanks, 2 July 195724 June 1959

State Advocate-General of the State of Singapore

List of attorney-generals (1965–present)

Attorney-General of the Republic of SingaporeTook officeLeft officePrevious officeSubsequent office
1Ahmad Mohamed Ibrahim9 August 196531 January 1967State Advocate-General of SingaporeAmbassador to the United Arab Republic
1 February 196731 December 1968
2Tan Boon Teik, 1 January 196930 April 1992Solicitor-General of SingaporeChairman, Singapore International Arbitration Centre
3Chan Sek Keong, 1 May 199210 April 2006Judge of the Supreme Court of SingaporeChief Justice of Singapore
4Chao Hick Tin, 11 April 200610 April 2008Judge of the Court of Appeal of SingaporeJudge of the Court of Appeal of Singapore
5Walter Woon, 11 April 200810 April 2010Solicitor-General of SingaporeProfessor, National University of Singapore Faculty of Law
Koh Juat Jong, 11 April 201030 September 2010Solicitor-General of SingaporeSolicitor-General of Singapore
6Sundaresh Menon, 1 October 201024 June 2012Managing Partner, Rajah & TannJudge of the Court of Appeal of Singapore
7Steven Chong, 25 June 201224 June 2014Judge of the Supreme Court of SingaporeJudge of the Supreme Court of Singapore
8V. K. Rajah, 25 June 201413 January 2017Judge of the Court of Appeal of SingaporeRetired[13]
9Lucien Wong, 14 January 2017[14] Incumbent

Notable incidents

Wrongful conviction

In September 2020, the AGC conducted a prosecutorial review for a wrongful conviction case[15] of a domestic worker accused of a crime.[16] [17] [18] [19]

See also

Bibliography

External links

Notes and References

  1. https://sso.agc.gov.sg/Act/CONS1963#pr35- Constitution of the Republic of Singapore
  2. News: The public prosecutor, politics and the rule of law . Walter . Woon . . 29 September 2017.
  3. Web site: Overview of Functions . Attorney-General's Chambers . 17 February 2017.
  4. Web site: Overview of Functions . Attorney-General's Chambers . 9 July 2017.
  5. Web site: Overview of Functions . Attorney-General's Chambers . 23 February 2017.
  6. Web site: Overview of Functions . Attorney-General's Chambers . 23 February 2017.
  7. Web site: Overview of AGC's History . Attorney-General's Chambers . 21 Feb 2017.
  8. Web site: A History Of The Singapore Legal Service. . . 2017 .
  9. Kevin Tan Yew Lee, "The Evolution of Singapore's Modern Constitution: Developments From 1945 to the Present Day" (1989) 1 SAcLJ 1 at 5–6.
  10. Web site: History. 2020-10-19. Allen & Gledhill. en.
  11. Web site: hermes. 2017-01-11. Exchange over A-G's appointment age. 2020-10-18. The Straits Times. en.
  12. Web site: 2017-07-25. SDP urges President Tony Tan to revoke Lucien Wong's appointment as Attorney General. 2020-10-18. The Online Citizen. en-GB. 13 April 2020. https://web.archive.org/web/20200413211719/https://www.theonlinecitizen.com/2017/07/25/sdp-urges-president-tony-tan-to-revoke-lucien-wongs-appointment-as-attorney-general/. dead.
  13. Web site: Attorney-General V K Rajah to step down next January. ChannelNewsAsia. 11 March 2017. https://web.archive.org/web/20170312061443/http://www.channelnewsasia.com/news/singapore/attorney-general-v-k-rajah-to-step-down-next-january/3317870.html. 12 March 2017. live. dmy-all.
  14. News: Veteran lawyer Lucien Wong appointed Attorney-General . 16 January 2017 . . Singapore.
  15. News: The curious case of the maid, the business tycoon and the pink knife. The Straits Times . 13 September 2020.
  16. Web site: Attorney-General Lucien Wong not involved in prosecution, review of case of CAG chairman's former maid: AGC.
  17. Web site: A-G not involved in ex-maid's case, recuses himself from review. 10 September 2020.
  18. News: A-G Lucien Wong not involved in ex-maid Parti Liyani's case, has recused himself from review which deputy A-G Hri Kumar will lead: AGC. The Straits Times . 9 September 2020 . Lim . Jessie .
  19. Web site: Parti Liyani's case: Attorney-General Lucien Wong not involved in prosecution; review led by Hri Kumar, says AGC.