LEGAL FUNCTIONS AND JURISDICTION
The rationale behind the creation of the post of legal advisor to the ministry is based on Article 145 (2) of the Federal Constitution which states:-
Article 145. Attorney-General
(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.
The legal advisor serving in the ministry is a special representative of the Attorney-General whose general function is advice the ministry on legal matters. Therefore, the presence of the legal advisor of the ministry is to discharge the duties of the Constitution as explicitly stated under Article 145 (2) of the Federal Constitution.
Among the functions of the legal advisor are:-
- Preparing and managing all aspects of defence against applications for Habeas Corpus cases;
- Providing legal advice to the ministry whether written or oral;
- Drafting/amending major laws including regulations on behalf of the Ministry of Home Affairs;
- Drafting/amending subsidiary legislation including regulations on behalf of the Ministry of Home Affairs;
- Reviewing all agreements and documents with legal effect to be signed by the ministry;
- Acting as an intermediary on behalf of the ministry in civil cases under the jurisdiction and control of the legal advisor filing actions on behalf of the government as claimant; and
- Acting as an intermediary on behalf of the ministry in civil cases under the jurisdiction and control of the legal advisor action in court on claims against the government
The jurisdiction of this ministry is stipulated in the Ministerial Functions Act 1969 under the Federal Government Ministers Order (No 2) 2004 (LN(A) 206/2004) and Federal Government Ministers Order (Amendment) (No 2) 2006 (LN(A) 352/2006).