Singapore legislation
Article 35
Article 35
Attorney-General
Quoted provision
Clause 1
The office of Attorney-General is hereby constituted and appointments thereto shall be made by the President, if he, acting in his discretion, concurs with the advice of the Prime Minister, from among persons who are qualified for appointment as a Supreme Court Judge.
Quoted provision
Clause 2
When it is necessary to make an appointment to the office of Attorney‑General otherwise than by reason of the death of the holder of that office or his removal from office under clause (6), the Prime Minister shall, before tendering advice to the President under clause (1), consult the person holding the office of Attorney‑General or, if that office is then vacant, the person who has last vacated it, and the Prime Minister shall, in every case, before tendering such advice, consult the Chief Justice and the Chairman of the Public Service Commission.
Quoted provision
Clause 3
The Prime Minister shall not be obliged to consult any person under clause (2) if he is satisfied that by reason of the infirmity of body or mind of that person or for any other reason it is impracticable to do so.
Quoted provision
Clause 4
The Attorney‑General may be appointed for a specific period and, if he was so appointed, shall, subject to clause (6), vacate his office (without prejudice to his eligibility for reappointment) at the expiration of that period, but, subject as aforesaid, shall otherwise hold office until he attains the age of 60 years:Provided that —
he may at any time resign his office by writing under his hand addressed to the President; and
the President, if he, acting in his discretion, concurs with the advice of the Prime Minister, may permit an Attorney-General who has attained the age of 60 years to remain in office for such fixed period as may have been agreed between the Attorney‑General and the Government.
Quoted provision
Clause 5
Nothing done by the Attorney‑General shall be invalid by reason only that he has attained the age at which he is required by this Article to vacate his office.
Quoted provision
Clause 6
The Attorney‑General may be removed from office by the President, if he, acting in his discretion, concurs with the advice of the Prime Minister, but the Prime Minister shall not tender such advice except for inability of the Attorney‑General to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and except with the concurrence of a tribunal consisting of the Chief Justice and 2 other Supreme Court Judges nominated for that purpose by the Chief Justice.
Quoted provision
Clause b
The tribunal constituted under this clause shall regulate its own procedure and may make rules for that purpose.
Quoted provision
Clause 7
It shall be the duty of the Attorney-General to advise the Government 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 President or the Cabinet and to discharge the functions conferred on him by or under this Constitution or any other written law.
Quoted provision
Clause 8
The Attorney‑General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for any offence.
Quoted provision
Clause 9
In the performance of his duties, the Attorney‑General shall have the right of audience in, and shall take precedence over any other person appearing before, any court or tribunal in Singapore.
Quoted provision
Clause 10
The Attorney‑General shall be paid such remuneration and allowances as may from time to time be determined and such remuneration and allowances shall be charged on and paid out of the Consolidated Fund.
Quoted provision
Clause 11
Subject to this Article, the terms of service of the Attorney‑General shall either —
be prescribed in regulations made by the President and published in the Gazette; or
(in so far as they are not determined by or under any such law) be determined by the President.
Quoted provision
Clause 11A
Regulations made under clause (11)(a) may provide that any gratuity payable in respect of service as the Attorney‑General shall be charged on and paid out of the Consolidated Fund.
Quoted provision
Clause 12
The terms of service of the Attorney‑General shall not be altered to his disadvantage during his continuance in office.
Quoted provision
Clause 13
For the purposes of clause (12), in so far as the terms of service of the Attorney‑General depend upon his option, any terms for which he opts shall be taken to be more advantageous to him than any for which he might have opted.