New corruption laws for Prime Minister, Ministers, State Exco, Public Servants?

Does Malaysia need a special law for corruption by a public officer, Minister, Chief Ministers, State Exco and Prime Minister?

Maybe, it should simply be an offence to be receiving (or to be in possession) of any monies/income from any sources other than from the public officer's salary/allowance as provided by law. Other income from per-existing sources like bank interest, share dividends, rental, etc is maybe allowed.

For the Prime Minister, Chief Minister/Menteri Besar, Ministers, Members of State Excos, Ketua Pengarah and senior public servants - there should also maybe be restrictions in terms of purchase(and/or sales) of shares/bonds/equities/interest in businesses, including also land. Why? They decide on government policy and plans and this can have a direct impact on businesses, etc... This information can be used to enrich themselves and relatives. Land too - if you knew that government planning to develop a particular area...

Bribery - a person can give a public officer a large sum of money - for really not to do anything right now or maybe not do something specific immediately. Person gives enforcement officer monies - why? To tip off when there is going to be an immigration raid... to maybe 'not proceed on certain investigation', maybe not to arrest certain persons...or quickly release them.., to maybe prosecute badly...so that there will be assured acquittal...??

For Ministers, etc - it could be to not enact any particular business laws - maybe to not protest certain clauses in some trade agreements, ..to maybe not to push for a higher minimum wage,..maybe to even to support signing the TPPA or some trade agreement,.. maybe to just give easy access to be able to present opinions and suggestions on proposed policies and laws, maybe to vote in a particular way at the UN Security Council... all these are so very vague.

So, if to be charged for corruption - there is a need to prove 'what exactly the public officer will do or not do in return...' it can be very very hard for prosecutors, if not impossible..

Now, it seems that we need to know what the 'bribe' was for? - 'doing or forbearing to do anything in respect of any matter or transaction, actual or proposed or likely to take place, in which the public body is concerned,...' 

Well, so when we find Billions of Ringgit in the possession of a public officer or a Minister - but then we really do not know what was that payment for - to do or not to do what?  Without that knowledge, currently it may be difficult to charge a public officer under section 16 MACC Act (see below for the wordings of this section)

Section 23 is worse - because we have to wait until - 'when he makes any decision, or takes any action, in relation to any matter in which such officer, or any relative or associate of his, has an interest, whether directly or indirectly.

Section 23(3) deals with  'any member of the administration of a state    - what about the Federal government? No similar provision here for a member of the administration of the Federation.

Hence, maybe simply being found with money coming from any other source should be sufficient to charge a public officer for corruption?

Maybe we need new Acts of Parliaments....what do you think?

*** I may have missed some other law... 

  

 


16  Offence of accepting gratification
MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009]


Any person who by himself, or by or in conjunction with any other person-

(a) corruptly solicits or receives or agrees to receive for himself or for any other person; or
(b) corruptly gives, promises or offers to any person whether for the benefit of that person or of another person,

any gratification as an inducement to or a reward for, or otherwise on account of-

(A) any person doing or forbearing to do anything in respect of any matter or transaction, actual or proposed or likely to take place; or
(B) any officer of a public body doing or forbearing to do anything in respect of any matter or transaction, actual or proposed or likely to take place, in which the public body is concerned,

commits an offence.

23  Offence of using office or position for gratification
MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009


(1) Any officer of a public body who uses his office or position for any gratification, whether for himself, his relative or associate, commits an offence.

(2) For the purposes of subsection (1), an officer of a public body shall be presumed, until the contrary is proved, to use his office or position for any gratification, whether for himself, his relative or associate, when he makes any decision, or takes any action, in relation to any matter in which such officer, or any relative or associate of his, has an interest, whether directly or indirectly.

(3) For the avoidance of doubt, it is declared that, for the purposes of subsection (1), any member of the administration of a state shall be deemed to use his office or position for gratification when he acts contrary to subsection 2(8) of the Eighth Schedule to the Federal Constitution or the equivalent provision in the constitution or Laws of the Constitution of that State.

(4) This section shall not apply to an officer who holds office in a public body as a representative of another public body which has the control or partial control over the first-mentioned public body in respect of any matter or thing done in his capacity as such representative for the interest or advantage of that other public body.

 Subsection 2(8) of the Eighth Schedule to the Federal Constitution  (8) A member of the Executive Council shall not engage in any trade, business or profession connected with any subject or department for which he is responsible and shall not, so long as he is engaged is any trade, business or profession, take part in any decision of the Executive Council relating to that trade, business or profession or in any decision likely to affect his pecuniary interests therein.

Just for information, s.409 Penal Code

Penal Code

 

 409  Criminal breach of trust by public servant or agent

Whoever, being in any manner entrusted with property, or with any dominion over property, in his capacity of a public servant or an agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for a term which shall not be less than two years and not more than twenty years and with whipping, and shall also be liable to fine.

** there may be other laws I may have not considered -maybe no?