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The State Attorney-General of Sabah

Office and Appointment

The office of the State Attorney-General of Sabah is a constitutional post. Together with the State Secretary, the office of the State Attorney-General is constituted under Article 11(1) of the State Constitution. Appointment to the office of the State Attorney-General is made by the Yang di-Pertua Negeri acting on the advice of the Chief Minister, who shall select for appointment a person whose name is included in a list submitted for the purpose by the State Public Service Commission. Before tendering his advice, the Chief Minister shall consult the Federal Government.

The Duties

The duties and powers of the State Attorney-General are as follows:

Rights and Privileges Under the Advocates Ordinance (Cap.2)

Civil Proceedings by and against the State Government

Under Section 24 of the Government Proceedings Act 1956, in all civil proceedings by or against the State Government, the State Attorney-General is authorised to appear on behalf of the State Government and to make and do all appearances, acts, applications in respect of such proceedings on behalf of the State Government. The State Attorney-General is also empowered to authorise a legally qualified member of his Chambers to appear and act on behalf of the state Government in such proceedings. Moreover, under section 25 of the same Act, the State Attorney-General is likewise empowered to authorise a public officer to appear as advocate and act on behalf of the State Government in such proceedings.

Consultation in the Appointment of Notaries Public

Under section 3(3) of the Notaries Public Act 1959 (Act 115), the Federal Attorney-General is required to consult the State Attorney-General before appointing any Notary Public in Sabah.

Signification of Acts of Yang di-Petua Negeri

By virtue of Gazette Notification No.S110 made under section 9 of the Delegation of Powers Enactment 1963, the State Attorney-General has been designated by the Yang di-Petua Negeri as an officer empowered to signify under his hand the exercise by the Yang di-Pertua Negeri of any powers and functions referred to in the said section conferred upon the Yang di-Pertua Negeri under any State Law.

State Pardons Board

The State Attorney-General sits as a member of the State Pardons Board as and when the Federal Attorney-General delegates his functions to him by instrument in writing.

Designation Under the Immigration Act 1959/63

By virtue of Gazette Notification No.S145 of 1963, the State Attorney-General has been designated by the Chief Minister under section 12 of the Immigration Act 1959/63 to issue directions to the Director of Immigration to deem any specified person as undesirable immigrant in Sabah.