Attorney-General of Singapore

Attorney-General of the
Republic of Singapore
Incumbent
Lucien Wong
since 14 January 2017
Attorney-General's Chambers
Style
NominatorPrime Minister of Singapore
AppointerPresident of Singapore
Term lengthTenure until the age of 60
Constituting instrumentConstitution of Singapore, Article 35(1)
Inaugural holderAhmad Mohamed Ibrahim
Formation9 August 1965; 59 years ago (1965-08-09)
Deputy
  • Deputy Attorney-General
  • Solicitor-General
Websitewww.agc.gov.sg

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's Chambers' offices at 1 Pickering Street, its home since 2013.

The attorney-general of Singapore has two distinct roles: legal adviser to the Singapore Government and public prosecutor,[2] assisted by legal officers in the four divisions of the Attorney-General's Chambers (AGC).

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.[7]

1942–1945: Japanese occupation of Singapore

Following the fall of Singapore on 15 February 1942, Japanese troops arrested the attorney-general, Charles Gough Howell, KC, 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.[7]

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

When Singapore became a Crown colony on 1 April 1946, Sir Edward John Davies, KC was appointed as the first attorney-general of the Colony of Singapore.[7]

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.[7]

The appointment of Lucien Wong, SC, 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 Settlements Took office Left office
1 Thomas Braddell 1 April 1867 1 January 1883
– John Augustus Harwood (acting) 2 January 1883 2 October 1883
2 John Winfield Bonser 3 October 1883 6 November 1893
3 William Robert Collyer 7 November 1893 4 February 1906
– John Robert Innes (acting) 5 February 1906 28 February 1907
4 Walter John Napier 1 March 1907 31 December 1909
5 Frederick Belfield 1 January 1910 20 February 1911
6 Thomas de Multon Lee Braddell 21 February 1911 24 January 1913
– Evelyn Campbell Ellis (acting) 25 January 1913 24 April 1913
7 Gerald Aubrey Goodman 25 April 1913 18 November 1919
8 James William Murison 19 November 1919 9 July 1925
9 Michael Whitley 10 July 1925 12 July 1929
10 Walter Huggard 13 July 1929 20 April 1933
11 Percy Alexander McElwaine 21 April 1933 10 August 1936
– Newnham Arthur Worley (acting) 27 October 1936 10 December 1936
12 Charles Gough Howell 11 August 1936 14 February 1942

Kensatsu-kan of Syonan-to

# Kensatsu-kan of Syonan-to Term start Term end
– – 15 February 1942 26 May 1942
1 Ichihara Kakka 27 May 1942 11 September 1945
# Chief Legal Officer, British Military Administration Took office Left office
1 Lieutenant Colonel T. C. Spencer-Wilkinson 12 September 1945 31 March 1946

Attorney-General of the Crown Colony of Singapore

# Attorney-General of the Crown Colony of Singapore Took office Left office
1 Sir John Davies, KC 1 April 1946 5 September 1955
2 Charles Harris Butterfield, QC 6 September 1955 1 July 1957
3 Ernest Pattison Shanks, QC 2 July 1957 24 June 1959

State Advocate-General of the State of Singapore

# State Advocate-General of the State of Singapore Took office Left office Previous office Subsequent office
1 Ahmad Mohamed Ibrahim 25 June 1959 8 August 1965 Crown Counsel and Deputy Public Prosecutor Attorney-General of Singapore

List of attorney-generals (1965–present)

# Attorney-General of the Republic of Singapore Took office Left office Previous office Subsequent office
1 Ahmad Mohamed Ibrahim 9 August 1965 31 January 1967 State Advocate-General of Singapore Ambassador to the United Arab Republic
– Tan Boon Teik (acting) 1 February 1967 31 December 1968 – –
2 Tan Boon Teik, SC 1 January 1969 30 April 1992 Solicitor-General of Singapore Chairman, Singapore International Arbitration Centre
3 Chan Sek Keong, SC 1 May 1992 10 April 2006 Judge of the Supreme Court of Singapore Chief Justice of Singapore
4 Chao Hick Tin, SC 11 April 2006 10 April 2008 Judge of the Court of Appeal of Singapore Judge of the Court of Appeal of Singapore
5 Walter Woon, SC 11 April 2008 10 April 2010 Solicitor-General of Singapore Professor, National University of Singapore Faculty of Law
– Koh Juat Jong, SC (acting) 11 April 2010 30 September 2010 Solicitor-General of Singapore Solicitor-General of Singapore
6 Sundaresh Menon, SC 1 October 2010 24 June 2012 Managing Partner, Rajah & Tann Judge of the Court of Appeal of Singapore
7 Steven Chong, SC 25 June 2012 24 June 2014 Judge of the Supreme Court of Singapore Judge of the Supreme Court of Singapore
8 V. K. Rajah, SC 25 June 2014 13 January 2017 Judge of the Court of Appeal of Singapore Retired[13]
9 Lucien Wong, SC 14 January 2017[14] Incumbent Chairman and Senior Partner, Allen & Gledhill –

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

Notes

  1. ^ Constitution of the Republic of Singapore (1999 Reprint), art 35(1).
  2. ^ a b c Woon, Walter (29 September 2017). "The public prosecutor, politics and the rule of law". The Straits Times.
  3. ^ "Overview of Functions". Attorney-General's Chambers. 17 February 2017.
  4. ^ "Overview of Functions". Attorney-General's Chambers. 9 July 2017.
  5. ^ "Overview of Functions". Attorney-General's Chambers. 23 February 2017.
  6. ^ "Overview of Functions". Attorney-General's Chambers. 23 February 2017.
  7. ^ a b c d e "Overview of AGC's History". Attorney-General's Chambers. 21 February 2017.
  8. ^ "A History Of The Singapore Legal Service". Singapore Academy of Law. Singapore Academy of Law. 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. ^ "History". Allen & Gledhill. Retrieved 19 October 2020.
  11. ^ hermes (11 January 2017). "Exchange over A-G's appointment age". The Straits Times. Retrieved 18 October 2020.
  12. ^ "SDP urges President Tony Tan to revoke Lucien Wong's appointment as Attorney General". The Online Citizen. 25 July 2017. Archived from the original on 13 April 2020. Retrieved 18 October 2020.
  13. ^ "Attorney-General V K Rajah to step down next January". ChannelNewsAsia. Archived from the original on 12 March 2017. Retrieved 11 March 2017.
  14. ^ "Veteran lawyer Lucien Wong appointed Attorney-General". Channel NewsAsia. Singapore. 16 January 2017.
  15. ^ "The curious case of the maid, the business tycoon and the pink knife". The Straits Times. 13 September 2020.
  16. ^ "Attorney-General Lucien Wong not involved in prosecution, review of case of CAG chairman's former maid: AGC".
  17. ^ "A-G not involved in ex-maid's case, recuses himself from review". 10 September 2020.
  18. ^ Lim, Jessie (9 September 2020). "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.
  19. ^ "Parti Liyani's case: Attorney-General Lucien Wong not involved in prosecution; review led by Hri Kumar, says AGC".

Bibliography

  • Braddell, R. St.J (1983). The Law of the Straits Settlements: A Commentary. South East Asia: Oxford University Press. ISBN 0195825594.