How will the new code of ethics for the Public Prosecutor be established?

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Establishment of a Code of Ethics for the Public Prosecutor

The establishment of a code of ethics for the Public Prosecutor will be undertaken by the Yang di-Pertuan Agong, acting on the advice of the Judicial and Legal Service Commission. This process involves the Yang di-Pertuan Agong prescribing the code in writing. Such a code is a new addition, proposed through amendments to Article 145A, specifically within a new Clause (19).
Prescribing Authority and Advisory Body

The authority to prescribe the code of ethics for the Public Prosecutor rests with the Yang di-Pertuan Agong. This prescription will be made in writing, signifying a formal adoption of ethical guidelines. Crucially, this action is to be taken on the advice of the Judicial and Legal Service Commission, indicating that the commission plays a pivotal role in shaping the content and implementation of the code.
Inclusion in the Bill's Amendments

The provision for a code of ethics is a direct result of proposed amendments to the Bill, specifically through the introduction of a new Clause (19) under Article 145A. This new clause outlines the mechanism for its creation. The inclusion of this clause signifies a move to formalise and codify the ethical standards expected of the Public Prosecutor.
Potential Impact on Removal Grounds

The existence of a prescribed code of ethics is also linked to the grounds for removal of the Public Prosecutor. As amended, Clause (9) of Article 145A allows for the removal of the Public Prosecutor not only on grounds of inability or misconduct but also on the ground of a breach of any provision of the code of ethics. This suggests the code will carry significant weight in disciplinary proceedings.

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How will the new code of ethics for the Public Prosecutor be established?

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