Decision-making Authority for Prosecution of Suspected Offences under Part 9 of Administration of Muslim Law Act

22 Mr Fadli Fawzi asked the Minister for Law (a) whether the assessment and decision to prosecute suspected offences under Part 9 of the Administration of Muslim Law Act are cleared within Attorney-General's Chambers at the (i) Director level or (ii) higher management level; and (b) whether these offences (i) are considered as more serious or sensitive crimes or (ii) requires Attorney-General's express consent to prosecute.

Mr Edwin Tong Chun Fai: Under Article 35(8) of the Constitution, the Attorney-General, as Public Prosecutor, exercises prosecutorial discretion. This includes the assessment and decision to prosecute suspected offences. Such decisions are made independently.

The processes by which the Attorney-General's Chambers (AGC) assesses and makes its prosecutorial decisions, including whether a matter is reviewed at Director or higher management levels, are operational matters within the AGC's purview to determine independently and for AGC to decide based on the circumstances of each case and its assessment of the public interest.

Under the Administration of Muslim Law Act, there is no provision requiring the Attorney-General's express consent to prosecute offences under Part 9.