Cambodia: Inter-Ministerial Circular No. 204 of 1995 - Concerning the Competencies and Working Relations Between the Governors of Provinces and Municipalities with the Chief Judges of Courts and the Prosecutors to Provincial and Municipal Courts
The Deputy Prime Minister and Minister of Interior, and the Minister of State and minister of Justice.
- Mr. Governors of all the provinces and Municipalities,
- Mr. Chief Judges of all the provincial and Municipal Courts,
-Mr. Prosecutors to all provincial and municipal Courts.
Concerning the competencies and working relations between the governors of provinces and municipalities with the Chief Judges of Courts and the Prosecutors to provincial and municipal Courts.
According to the legal principles, the territory of the Kingdom of Cambodia shall be divided into provinces and municipalities, as specified by the Constitution of the Kingdom of Cambodia. The Governors of the provinces and municipalities, have authority as deputies of the royal governments and who shall be under direct administration and governance of the Co-Minister of Interior, in what is concerning the administration of the territory, population, public properties, maintenance of security and social order and the promotion of development in all fields, in order to upgrade the living standards of the population. Governors of the provinces and municipalities are representations of the national interests.
As for the courts and prosecutors to the provincial and municipal courts is an independent power, as specified by the Article 109 of the Constitution of the Kingdom of Cambodia. This power shall be used by the chief Judges of the Courts and the Prosecutors to the provincial and municipal Courts, through the adjudicate Courts of all levels. Judicial power shall not be granted to the Legislative or of the Executive branches, "Art. 111 of the Constitution".
The King shall be the guarantor of the independence of the Judiciary. The Supreme Council of Magistracy shall assist the King in this matter, "Article 113".
Since the Constitution of the Kingdom of Cambodia which is the supreme law of the nation is entering into force up till now, the Ministry of Interior and the Ministry of Justice have noticed that, Mr. Governors of the provinces and municipalities, Mr. Chief Judges of the Courts and Mr. Prosecutors to the provincial and municipal Courts, still did not understand very clearly yet about the application of the function and duty which belong to their respective competencies, in the working relations between them in each province or municipality.
So the Ministry of Interior and the Ministry of Justice, would like
to give instruction as follows:
1-The Governors of provinces and municipalities, shall be responsible and assure the administration and the governance of what is concerning the area of administrative work and the policy of the Royal Government and important works in their own provinces and municipalities, including:
-to collect general information for the Royal Government and the Ministry of Interior;
-to disseminate for the implementation, urge and follow up the implementation of laws, regulations and other decisions;
-to have power to command above the police authority.
-to have power to administer all the civil servants in vertical line and in horizontal line, whom are fulfilling works in various services of the provinces and municipalities in compliance with the Article 22 of the Law on Co-statute of the Civil Servants of the Kingdom of Cambodia.
-to have power to co-ordinate, urge and control on the civil- servants, on all the State's specialized Services which ware installed in the provinces and municipalities, except for the specialized works of the courts and prosecutors to the provincial and municipal Courts, the Governors of the provinces and municipalities shall not have power to control them in accordance with the Article 1 of the Law on CO- Statute of the Civil Servants of the Kingdom of Cambodia.
2-The Chief Judges of the Courts and the Prosecutors to the provincial and municipal Courts, shall assure independence power in deciding cases by their legitimate discretionary power, in favour of the Khmer population, in the name of His Majesty the King of the Kingdom of Cambodia. Especially the field of administrative work and politic, shall be under the Direction of the Governors of the provinces and municipalities. Thus the monthly reports of the working activities of the Courts and Prosecutors to the provincial and municipal Courts which are to be sent to the Ministry of Justice which is their horizontal line, shall also copy to the Governors of the provinces and municipalities for information.
From hence forth, if there is complaint from the population regarding any dispute, the governors of the provinces and municipalities shall advise them to bring their suits at the provincial or municipal courts or shall forward such complaints of the complainants/plaintiffs to the courts. They should not receive and try to solve the suits, which are the competencies of the Courts and the prosecutors to the provincial and municipal courts.
When the party of the lawsuit disagrees with the decision of the courts, they shall file an appeal to the Appeal court within a delay of 2 months, this is because of there is only the higher court who may have power to review the Decisions of the Lower Courts.
Upon receiving this Circular, the Governors of the provinces and municipalities, the Chief Judges of the Courts and the Prosecutors to the provincial and municipal Courts, shall organize a meeting to disseminate this circular and shall determine very clearly of the substance of it, and thereafter shall make a report to the Ministry of Interior and the Ministry of Justice to get informed of the results of their meetings for dissemination of this Circular.
It is requested that all the Governors of the Provinces and Municipalities, the Chief Judges of the Courts and the Prosecutors to the provincial and municipal courts, shall have to implement properly the instruction in this Circular, in order to defend the interests of this law from hence forth.
THE MINISTER OF JUSTICE.
THE MINISTER OF INTERIOR.
Signature and seal of:
Signatures and seals of:
Sar Kheng, You Hoc Kry.
- Office of the Council of Ministers.
- General Secretariat of the National Assembly.
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