JULY 6 — The National Anti-Financial Crime Centre (NFCC) is a statutory body established under the National Anti-Financial Crime Centre Act 2019 (Act 822).

In addition to providing for the establishment of the NFCC, Act 822 also provides for the co-ordination of integrated operations relating to financial crime amongst government entities and enforcement agencies and the management of centralised data systems, as well as for related matters.

Passed when Pakatan Harapan (PH) was the government following the 14th General Election in May 2018, Act 822 came into force on January 2, 2020.

Part III of the Act concerns the Advisory Board, which functions to: (a) advise the prime minister on any aspect relating to financial crime; (b) advise the NFCC on its direction and strategic planning; (c) deliberate and make decisions on recommendations made by the Executive Committee regarding any matter relating to financial crime; and (d) facilitate co-operation between the NFCC, government entities, and enforcement agencies for the prevention of financial crime.

Section 5(2) of Act 822 stipulates that the Advisory Board shall consist of: (a) a chairman; (b) the director general; and (c) not more than five members appointed by the Yang di-Pertuan Agong (YDPA), on the advice of the prime minister.

The five Advisory Board members referred to in paragraph (c) above hold office for a term not exceeding three years and are eligible for reappointment upon the expiry of their term of office.

In advising the YDPA regarding the appointment of the five members concerned, the prime minister shall take into account: (a) the integrity and standing of the person; (b) the academic qualifications, knowledge, skills, and experience of the person in matters relating to banking, economics, finance, asset management, taxation, prosecution, investigation, law, or other matters as deemed appropriate by the prime minister; and (c) the likelihood of any conflict between the interests of the NFCC and any interests held or represented by the person.

Now, the appointment of Advisory Board members can be revoked at any time by the YDPA on the advice of the prime minister – Section 6(1).

Simply put, the appointment and revocation of Advisory Board members are subject to the consent of the YDPA, acting on the advice of the Prime Minister.

Part V is on appointments of director general (DG), deputy director general (DDG) and other officers of the NFCC. The DG is appointed by the YDPA on advice of the prime minister – Section 12(1). The DDG is appointed by the prime minister – Section 12(2).

When read together with Article 40(1A) of the Federal Constitution—which stipulates that in the exercise of his functions under the Federal Constitution or federal law, where the Yang di-Pertuan Agong is required to act in accordance with advice, on advice, or after considering advice, he shall accept and act in accordance with such advice—the position of the Advisory Board members and the DG, as well as the DDG, ultimately rests with the prime minister.

The buck stops with the prime minister.

Compare the above with the proposed new Article 145A of the Federal Constitution to provide for the appointment, qualification, terms of office, remuneration and removal of the Public Prosecutor in the Constitution (Amendment) (No. 2) Bill 2026 (the Bill).

The proposed new Article 145A includes Clause (21) which reads as follows:

“Notwithstanding Article 40, for the purposes of this Article, the prime minister and the Cabinet shall not advise the Yang di-Pertuan Agong.”

As I explained in “Support the Constitution (Amendment) (No. 2) Bill 2026 and you’ll get an OPPA, prosecutorial code of conduct and executive hands-off”, there are good reasons to support the Bill.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.