Comments for The tree injunction — Art Harun at http://www.malaysianbar.org.my , comment 0 to 1 out of 1 comments http://www.malaysianbar.org.my Fri, 10 Feb 2012 07:56:20 +0100 FeedCreator 1.7.2 http://www.malaysianbar.org.my/general_opinions/comments/the_tree_injunction_art_harun.html#pc_9113 The Perak High Court's decision which ruled that Speaker V. Sivakumar must be represented by the State Legal Adviser and not by his own team of lawyers is clearly in error and runs foul of section 24(2)(a) of the GPA '56. This is what I think by reading that section. The GPA '56 clearly distinquishes between a 'law officer' and a 'legal officer'. Under section 2 of the Act, a 'law officer' means the AG, SG ...and in respect of the State includes the State Legal Advisor. On the other hand, a 'legal officer' has been defined to include a law officer, a parliamentary draftsmen and a Federal Counsel... As the GPA in defining a 'legal officer' uses the word 'includes' and not the word 'means' then it is left to the court to interpret the meaning of the word 'legal officer'. If we employ the ordinary and natural usage of the word, a legal officer should mean any person legally qualified to appear in any proceedings in any court. And an A & S or a DPP is obviously an officer of the Court. Section 24(2) only states that a 'legal officer' may appear for a public officer in any civil procedings. Nowhere does it states that a 'law officer', ie the SLA must appear for such officer. This section makes sense because the public officer may want to engage the best legal brains in the country to appear as advocates on his behalf, and as such it would save the Government a lot of money and its own legal manpower. But if such officer wants the Government to compensate him for the expenses incurred in hiring his own team of lawyers, then the AG or the SLA has to certify in writing that it is in the public interest for such officer to be so represented. See 24(2)(b). Section 24(2)(a) and (b) has been formulated with $ and cents in mind. As an analogy, every public officer must be treated in a government hospital for his sickness. But if he wants to be treated in a private hospital or to seek medical treatment abroad and wants the government to pay for the medical expenses, then a government medical officer must certify in writing that it is in the public interest that such officer seeks treatment elsewhere. The same applies in engaging legal counsels. Mohamad Ramli Abdul Manan - Mohamad Ramli bin Abdul Manan Sat, 07 Mar 2009 11:55:59 +0100