Section 30. Appointment of Chief Syar'ie Prosecutor and Syar'ie Prosecutors. (SYARIAH COURTS ENACTMENT 2004

ENACTMENT NO. 6 OF 2004
SYARIAH COURTS ENACTMENT 2004

PART III - PROSECUTION AND REPRESENTATION

Section 30. Appointment of Chief Syar'ie Prosecutor and Syar'ie Prosecutors.

(1) The Yang di-Pertua Negeri may, on the recommendation of the Majlis, appoint a person who is qualified to be a Judge of the Syariah High Court to be the Chief Syar'ie Prosecutor.

(2) The Chief Syar'ie Prosecutor shall have power exercisable at his discretion to institute, conduct or discontinue any proceeding for all offence before any Syariah Court.

(3) The Majlis, on the recommendation of Chief Syar'ie Prosecutor, may appoint fit and proper persons from amongst the members of the State of Sabah public service to be Syar'ie Prosecutors.

(4) Syar’ie Prosecutors shall act under the general control and direction of the Chief Syar'ie Prosecutor and may exercise all or any of the rights and powers vested in or exercisable by the Chief Syar'ie Prosecutor, except rights and powers expressed to be exercisable by the Chief Syar'ie Prosecutor personally.

(5) A person who, immediately before the commencement of this Enactment, was holding the post of Chief Syar'ie Prosecutor or Syar'ie Prosecutor under the Repealed Enactment shall, on the commencement of this Enactment, continue to hold office as a Chief Syar'ie Prosecutor or Syar'ie Prosecutor as if he had been appointed under subsection (1).