If the summons was not pertaining to your conducts or acts during the course of performing an official duty for the Department/the Government Agency/the Government of Malaysia, you have to get legal assistance from an advocate and solicitor from a legal firm or the Legal Aid Bureau; OR If the summons was pertaining to your conducts or acts during the course of performing an official duty, the summon shall be served on the Legal Officer of the Department or to the Head of Department as soon as possible so as to be referred to the Attorney General's Chambers.

Decisions on cases investigated by the police or any other law enforcement agency will depend solely on the available evidence. If there is credible evidence that corroborates the complainant’s allegation, then the suspect involved may be prosecuted in court. On the other hand, if the evidence shows otherwise, then no prosecution will be instituted. This is based on the basic principle relating to the institution of prosecution whereby it rests solely on the evidence. There are several factors that lead to the decision to NFA a particular case. Among others are the lack of evidence to prove the case, the non-availability of important witnesses, the suspect cannot be traced, etc. The decision of the Public Prosecutor with regards to the decision made against a report lodged may be appealed against by the complainant. However, the decision to accept the appeal is vested solely in the Public Prosecutor. This is clearly spelt out in Article 145(3) of the Federal Constitution where the power to institute criminal prosecution is vested with the Public Prosecutor. Although the powers are vested in the Public Prosecutor, the complainant can still appeal to the Public Prosecutor against his decision to NFA or to charge the suspect, especially when there is new evidence that can corroborate his allegation and hence changing the decision of the Public Prosecutor. A written appeal may be forwarded to the Prosecution Division, Attorney General’s Chambers, either through the State Prosecution Unit or direct to the Headquarters in Putrajaya.

A police report cannot be withdrawn. However, a complainant may make a written application so that no action is taken against the report lodged. Although the complainant may make such an application, the final decision is still vested in the Public Prosecutor. The Public Prosecutor has the power to allow or reject the application and the decision is based on the facts and circumstances of each case.

If a police report was lodged and the police failed to record the complainant’s statement or no action has been taken, the complainant can complain to the respective officer in charge of the police station (OCS/OCPD) by making a written complaint. Such a written complaint should also be copied to the Prosecution Division of the Attorney General’s Chambers. A written complaint can also be made directly to the Prosecution Division, Attorney General’s Chambers (be it to the State Prosecution Units or to the Headquarters in Putrajaya) whereby the Division will take action to obtain the necessary response from the police with regard to the report lodged. According to subsection 107A(1) of the Criminal Procedure Code (CPC), a complainant may request for a report on the status of the investigation of the offence complained of in his report from the officer in charge of a police station (OCPD/OCS) where he lodged the complaint. The OCPD/OCS shall give a status report on the investigation of such offence to the complainant not later than two weeks from the receipt of the request made. The provision of subsection 107(2) shall not be applicable unless: 1. the offence complained of is a seizable offence; 2. a period of four weeks has lapsed from the date the report was lodged; 3. and the report on the status of investigation contains any matter that is likely to adversely affect the investigation into the offence or the prosecution of the offence. When all the above criteria are fulfilled and the OCPD/OCS fails to furnish the complainant with a status report within the period specified by law, the complainant may make a report to the Public Prosecutor of the failure.

Yes, the IAD organizes and hosts several international events a year ranging from conferences to capacity building workshops. This is part of the IAD’s commitment to achieving the AGC vision to be a World Class Public Legal Organisation by 2012. The organization of world and regional level international conferences, meetings, seminars and workshops increases the AGC’s international profile and visibility as a respected and significant player in the international legal field. Further the cost-benefit analysis of the opportunities obtained to attend important international legal discussions within the AGC’s own premises cannot be gainsaid. In addition, the IAD is the Secretariat for the Treaty on Mutual Legal Assistance in Criminal Matters (among like-minded ASEAN Member Countries). IAD took on this role as it had been at the forefront of Malaysia’s negotiation on the Treaty on Mutual Legal Assistance in Criminal Matters (among like-minded ASEAN Member Countries) and because Malaysia is the Depository State for the said Treaty. As part of its’ duties, the Secretariat assists the Treaty Parties to further the harmonized implementation of the Treaty. This is achieved through the organisation of the Meetings of the Attorneys General/ Ministers of Justice, the annual Meetings of Senior Officials as well as capacity-building Workshops either in Malaysia or one of the Treaty Parties. The IAD has taken on this role and responsibility since the adoption of the Treaty on 29 November 2004.

An IAD officer attending an international meeting must first of all be very well informed of and be fully conversant with the issues to be discussed – it’s a duty and responsibility when you represent the nation’s flag. Next, regardless of the nature on the meeting, that is whether it is a negotiation or conference, it is crucial for the attending officer to be clear of his/her mandate. The officer must also be prepared to work beyond his/her normal working hours as countries and delegations often take the opportunity at these meetings to discuss and resolve as many issues as possible, and thus may meet into the late hours, or in some cases, even to the early hours of the next day! Therefore, it is very important for the attending officer to be in good physical health and to be mentally and emotionally prepared for the tasks at hand.

Nothing helps like solid preparation. One of the key preparations for attending international meetings is the Position Paper. The Position Paper would contain the background and purpose of the meeting, identification and analysis of the key legal issues, Malaysia/AGC’s legal position on the matters to be discussed, the justification for participation and financial implications of participation. Usually a Position Paper is prepared by the officer assigned to attend the meeting. Once the Position Paper is prepared, it is submitted to the Attorney General for his approval. AGC’s internal policy of focussing its attendance and participation at meetings where legal issues are on the agenda generally means IAD’s officers are kept fully occupied throughout the proceedings.

Working in IAD is like working anywhere else except for the area of practice. The practice of international law requires IAD officers to be constantly up to date with current events and developments in international law related matters. Awareness of the state-of-play on international relations is also useful. Additionally, officers have to also be well informed of the various national policies and laws and have a clear understanding of the country’s position on the array of international law related matters. A clear difference with ordinary legal practice is that practising international law sometimes requires IAD officers to travel for meetings, conferences and negotiations. Hence, IAD officers would often find themselves shouldering the responsibility of dealing with international perspectives in order to provide accurate and timely views and advice on legal issues as well as engaging with counterparts from all over the world.

Travelling for work is not all the glitz and glamour it’s made out to be. More often than not IAD officers find their “overseas trips” consisting of the “lovely sights” of the meeting rooms, hotel rooms and airports of the foreign country visited and the only “locals” they meet are the host country’s organizing staff. It also depends on where the officer is travelling to. Travelling to a developed country is less unnerving than travelling to a least developed country where no one speaks English. Riding a tiny Fokker aircraft with chickens because the meeting is set at a small rural town in a least developed country makes the travel certainly an eye-opening experience, and a far cry from the advertised “glitz and glamour” of London, Paris, Monaco and New York.

The basic daily work of an IAD officer would include the following: • preparing legal opinions • drafting and vetting international legal instruments such as conventions, treaties, agreements, memoranda of understanding and declarations • attending international and domestic meetings and negotiations on international legal instruments • drafting and providing legal advice on domestic legislation for the implementation of Malaysia’s international obligations in particular the international legal obligations undertaken under a treaty.