What additional grounds for removal of the Public Prosecutor are introduced in Clause (9)?

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Additional Grounds for Removal of the Public Prosecutor Introduced in Clause (9)

Following proposed amendments, Clause (9) of the Constitution (Amendment) (No. 2) Bill 2026 introduces an additional ground for the removal of the Public Prosecutor. This new provision allows for the removal of the Public Prosecutor if they are found to have breached any provision of a code of ethics that is to be prescribed. The existing grounds for removal, namely inability from infirmity of body or mind or misconduct or misbehaviour, remain.
Breach of Prescribed Code of Ethics as a Ground for Removal

The amended Clause (9) explicitly states that the Judicial and Legal Service Commission can represent to the Yang di-Pertuan Agong that the Public Prosecutor ought to be removed on the ground of "breach of any provision of the code of ethics prescribed under Clause (19)." This addition broadens the scope of potential reasons for dismissal beyond physical or mental incapacity and general misconduct. The Yang di-Pertuan Agong is then mandated to appoint a tribunal to investigate the representation and may act on its recommendation for removal.
Establishment of a Code of Ethics for the Public Prosecutor

The introduction of this new ground for removal is linked to the proposed new Clause (19). This clause allows the Yang di-Pertuan Agong, acting on the advice of the Judicial and Legal Service Commission, to prescribe a written code of ethics specifically for the Public Prosecutor. This code of ethics will serve as a benchmark against which the conduct of the Public Prosecutor can be assessed, and breaches can lead to removal proceedings.
Tribunal Process for Removal

The procedure for removing the Public Prosecutor under the amended Clause (9) remains consistent with the original provision. If the Judicial and Legal Service Commission makes a representation, the Yang di-Pertuan Agong is required to establish a tribunal, as outlined in Clause (10), and refer the representation to it. The tribunal will then investigate the matter, and its recommendation will guide the Yang di-Pertuan Agong's decision on whether to remove the Public Prosecutor from office.

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What additional grounds for removal of the Public Prosecutor are introduced in Clause (9)?

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