The attorney-general of Singapore is the
public prosecutor
A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in civil law. The prosecution is the legal party responsible ...
of the
Republic of Singapore and
legal adviser to the
Government of Singapore
The government of Singapore is defined by the Constitution of Singapore, Constitution of the Republic of Singapore to consist of the President of Singapore, President and the Executive. Executive authority of Singapore is vested in the Presi ...
. 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
President most commonly refers to:
*President (corporate title)
* President (education), a leader of a college or university
*President (government title)
President may also refer to:
Arts and entertainment Film and television
*'' Præsident ...
, on the advice of the
prime minister
A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
, under Article 35 of the
Constitution of Singapore
The Constitution of the Republic of Singapore is the supreme law of Singapore. A written constitution, the text which took effect on 9 August 1965 is derived from the Constitution of the State of Singapore 1963, provisions of the Constitution ...
. Unlike some countries that follow the
Westminster parliamentary model, the attorney-general is not a
Member of Parliament.
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
A Crown colony or royal colony was a colony governed by Kingdom of England, England, and then Kingdom of Great Britain, Great Britain or the United Kingdom within the English overseas possessions, English and later British Empire. There was usua ...
's government.
Functions
The attorney-general of Singapore has two distinct roles: legal adviser to the
Singapore Government and
public prosecutor
A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in civil law. The prosecution is the legal party responsible ...
,
assisted by legal officers in the four divisions of the Attorney-General's Chambers (AGC).
Legal adviser to the government
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.
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.
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.
Public Prosecutor
The attorney-general's role as the public prosecutor is performed by the AGC's Crime Division.
Prosecutorial discretion grants the attorney-general the power to institute, conduct or discontinue any prosecution at the attorney-general's discretion.
History
Pre-1867
Between the grant of the Second Charter of Justice in 1826 and the formation of the
Crown colony
A Crown colony or royal colony was a colony governed by Kingdom of England, England, and then Kingdom of Great Britain, Great Britain or the United Kingdom within the English overseas possessions, English and later British Empire. There was usua ...
of the
Straits Settlements
The Straits Settlements () were a group of British territories located in Southeast Asia. Originally established in 1826 as part of the territories controlled by the British East India Company, the Straits Settlements came under control of the ...
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.
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.
1942–1945: Japanese occupation of Singapore
Following the
fall of Singapore
The fall of Singapore, also known as the Battle of Singapore, took place in the South–East Asian theatre of the Pacific War. The Empire of Japan captured the British stronghold of Singapore, with fighting lasting from 8 to 15 February 1942. S ...
on 15 February 1942, Japanese troops arrested the attorney-general,
Charles Gough Howell, , 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, presumably on 27 May 1942 when the civilian courts were re-opened by proclamation.
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.
1946–1959: Attorney-General of the Colony of Singapore
When Singapore became a Crown colony on 1 April 1946,
Sir Edward John Davies, was appointed as the first attorney-general of the
Colony of Singapore
The Colony of Singapore was a Crown colony of the United Kingdom that encompassed what is modern-day Singapore from 1946 to 1959. During this period, Christmas Island, the Cocos (Keeling) Islands, and Crown Colony of Labuan, Labuan were also ...
.
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.
The appointment of
Lucien Wong, , 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, argued that his appointment, being for a specified term, was “in accordance with Article 35 of the Constitution.”
Wong was previously the personal lawyer of Prime Minister
Lee Hsien Loong
Lee Hsien Loong (born 10 February 1952) is a Singaporean politician and former military officer who served as the third Prime Minister of Singapore, prime minister of Singapore from 2004 to 2024, thereafter serving as a Senior Minister of S ...
and also advised Lee on issues relating to
Lee Kuan Yew
Lee Kuan Yew (born Harry Lee Kuan Yew; 16 September 1923 – 23 March 2015), often referred to by his initials LKY, was a Singaporean politician who ruled as the first Prime Minister of Singapore from 1959 to 1990. He is widely recognised ...
's will.
List of officeholders (1867–1965)
Attorney-General of the Straits Settlements
''Kensatsu-kan of Syonan-to''
Chief Legal Officer, British Military Administration of Malaya
Attorney-General of the Crown Colony of Singapore
State Advocate-General of the State of Singapore
List of attorneys-general (1965–present)
Notable incidents
Wrongful conviction
In September 2020, the AGC conducted a prosecutorial review for a
wrongful conviction
A miscarriage of justice occurs when an unfair outcome occurs in a criminal or civil proceeding, such as the conviction and punishment of a person for a crime they did not commit. Miscarriages are also known as wrongful convictions. Innocent ...
case of a
domestic worker
A domestic worker is a person who works within a residence and performs a variety of household services for an individual, from providing cleaning and household maintenance, or cooking, laundry and ironing, or care for children and elderly ...
accused of a crime.
Letters of prisoners on death row
On 11 October 2024, the Court of Appeal ruled that the
Singapore Prison Service
The Singapore Prison Service (SPS) is a government agency of Singapore under the Ministry of Home Affairs (Singapore), Ministry of Home Affairs. Based in Changi Prison, Changi Prison Complex in the eastern part of Singapore, the service runs ...
and AGC had acted unlawfully by disclosing and requesting prisoners’ letters.
See also
*
Chief Justice of Singapore
The chief justice of Singapore is the chief justice, presiding member of the Supreme Court of Singapore. It is the highest office in the judicial system of Singapore, appointed by the President of Singapore, president, on the advice of the Prime ...
Notes
Bibliography
*
External links
List of Attorneys-General of SingaporeAttorney-General's Chambers website
{{DEFAULTSORT:Attorney-General of Singapore
Singapore
Singapore, officially the Republic of Singapore, is an island country and city-state in Southeast Asia. The country's territory comprises one main island, 63 satellite islands and islets, and one outlying islet. It is about one degree ...