Legal Division

 

PROFILE OF THIS DIVISION

1. The Legal Division (hereinafter referred to as “this Division”) is one of the Divisions at the headquarters of the Royal Malaysian Customs Department (hereinafter referred to as RMCD) which was created pursuant to a meeting of the Special Committee To Study The Higher Level Posts (Jawatankuasa Khas Bagi Mengkaji Jawatan-jawatan Tingkatan Tertinggi) Bil. 2/2006 on 18 April 2006.
2. From the beginning of its formation until now, except for the office facilities and utilities and the supporting staffs which are provided by the RMCD management, the posts and officers posted in this Division are cadre posts from the Attorney General’s Chambers in which legal officers who hold the post of Deputy Public Prosecutor are from the Prosecution Division, Attorney General’s Chambers.
3. The basis for the formation of this Division is to conduct prosecution of customs cases, including cases under the Dangerous Drugs Act 1952 investigated by customs officers. At the beginning of its formation, this Division is consisted of one Senior Federal Counsel, one Deputy Public Prosecutor/Federal Counsel and assisted by several supporting staffs provided by the RMCD management.
4. The role of this Division has also expanded from conducting prosecution of criminal cases to also conducting civil cases, and acted as adviser and drafter to the amendment of the law and regulations made pursuant to all acts enforced by RMCD.

OBJECTIVE OF THIS DIVISION

1. To provide protection to the community from legal aspect by bringing offenders to justice and to ensure the collection of duty, tax, and any other payment which is payable to RMCD for the government;
2. To ensure that any legal advice provided are in accordance with the correct legal interpretation and also that every legal agreement between RMCD and the government with the local and international private sector are made to protect and/or fulfill the government’s intention and in accordance with the law, the existing international convention/agreement and ratified by the government.
3. To defend the fundamental liberties of an individual such as right to fair trial and fair and impartial method of collecting duty, tax and other payment in accordance with the law.
4. To determine whether a person is taxable, dutiable or not under the law.
5. To provide education by way of punishment and penalty meted out against the offenders from criminal aspect and civil debt due to the government.
6. To uphold justice, to increase the government income collection and government policy by way of enforcement of the law.

1. At the beginning of its formation, this Division is consisted of only two officers. The number of the officers was then increased to four persons and now there are ten officers currently posted to this Division following the increase of cases being investigated and the expansion of the responsibility and role of this Division.
2. At the present, this Division is headed by a legal officer of grade JUSA C which is titled as Director and consisted of one legal officer of grade L52, two legal officers of grade L48, three legal officers of grade L41 and three legal officers of grade L41 (Contract).

FUNCTION OF THIS DIVISION

1. To conduct criminal trial, appeal and revision in courts in the whole Malaysia.
2. To conduct civil trial, appeal and judicial review in courts in the whole Malaysia.
3. To study and review the investigation papers forwarded to this Division for order, advice and consent to prosecute.
4. To study and review civil case papers forwarded to this Division for the purpose of filing of the statement of claim, defence, affidavits or for advice and action in courts.
5. To revise and study agreements between RMCD with local private sector and agreements between RMCD in representing Malaysia at the international level.
6. To give legal advice and opinion to the Customs officers and divisions in RMCD.
7. To study and review every court's decision whether criminal or civil to determine whether to file an appeal against the decision or not.
8. To give lectures to the Customs officers with regards to Customs law and for Competency Level Assessment courses.

CLIENT'S CHARTER OF THE LEGAL DIVISION RMCD

1. To conduct criminal and civil trials, and to handle criminal and civil appeals in courts for the whole Malaysia until decision is given.
2. To monitor the progress of any investigation conducted by Customs officers, to study the investigation papers and to give the appropriate instructions in the period of 14 days from the date of receipt thereof.
3. To take direction and to handle any civil action for and against the Royal Malaysian Customs Department by ensuring preliminary action is taken in the period of not more than 4 weeks from the date of receipt of such direction.
4. To complete every subsidiary legislation within 14 days after all policy and legal issues are resolved. The final draft of the subsidiary legislation forwarded to the clients is free from drafting error.
5. To complete the draft government gazette within 14 days from the date of receipt.
6. To provide quality legal opinions within 14 days from the date of receipt of complete documents and information.
7. To revise and draft international documents and instruments such as agreement and memorandum of understanding within 14 days and for more complicated international documents and instruments, within one month.