Section 24
Appearance of law officers
of Government Proceedings Act 1956
(1)
Notwithstanding any written law—
(a)
in civil proceedings by or against the Federal Government a law officer, the Parliamentary Draftsman or a Federal
Counsel, or, in the case of the States of Sabah and Sarawak, a legally qualified member of the Federal or State Attorney
General’s Chambers authorized by the Attorney General for the purpose; and
(b)
in civil proceedings by or against the Government of a
State a law officer, the Parliamentary Draftsman or a
Federal Counsel authorized by the Legal Adviser of such
State, and, in the case of the States of Sabah and Sarawak, the State Attorney General or any legally qualified member of the State Attorney General’s Chambers authorized by the State Attorney General for the purpose, may appear as advocate on behalf of such Government and may make and do all appearances, acts and applications in respect of such proceedings on behalf of the Government.
(2)
Notwithstanding any written law in civil proceedings to which a public officer is a party—
(a)
by virtue of his office; or
*(b) in his personal capacity, if the Attorney General certifies in writing that it is in the public interest that such officer should be represented by a legal officer, a legal officer may appear as advocate on behalf of such officer and shall be deemed to be the recognized agent of such officer by whom all appearances, acts and applications in respect of such proceedings may be made or done on behalf of such officer.
(3)
An advocate and solicitor of the High Court duly retained by the Attorney General in the case of civil proceedings by or against the Federal Government or a Federal officer, or by the
Legal Adviser, or, in the case of the States of Sabah and Sarawak, by the State Attorney General in the case of civil proceedings by or against the Government of a State or a State officer, may appear as advocate on behalf of such Government or officer in such proceedings.
(4)
In civil proceedings to which the Attorney General is a party under section 8 or 9, a law officer, the Parliamentary Draftsman or a Federal Counsel authorized by the Attorney General for the purpose, and, in the case of the States of Sabah and Sarawak, a legal officer, may appear as advocate and make and do all appearances, acts and applications in respect of such proceedings on behalf of the Attorney General.
*NOTE—For Sabah and Sarawak substitute the following paragraph for paragraph 24(2)(b):
“(b) in his personal capacity, if—
(i)
in the case of a Federal Officer, the Attorney General certifies in writing; and
(ii)
in the case of a State Officer, the State Attorney General certifies in writing;
that it is in the public interest that such officer should be represented by a legal officer;”
–see L.N. 67/1965.
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