For public officers, there is clear misconduct and discipline regulations - but then, it did not apply to the PM, Cabinet members, MPs, etc....WHY should these selective public officers not be subject misconduct and discipline?
ASSET DECLARATION in Malaysia is a JOKE. It is not even a LAW at the moment. When they come into office, a declaration of assets only tell us how rich or poor they are - this matters not. What matters is that we do not want them to acquire 'wealth' in a wrong way - by abusing their powers, bribes, etc... That is why asset declaration is required every time they acquire or dispose wealth. That is why there must be asset declarations every 6 months or annually, so the RAKYAT can compare the wealth between time they came into public office and later...if they use their monies earned, and accumulate wealth - no problem. When Najib received billions, if he declared then...we would know immediately...Now, PUBLIC OFFICERS (CONDUCT AND DISCIPLINE) REGULATIONS 1993 covers also the family members...
POLITICAL FUNDING - this should not be just for political parties only, but for each and every MP, Senator, ADUNs and political appointees too. Some political parties own buildings, property, companies - where is the money coming from - their members? government monies?
The BAR adopted a resolution on all this - read on...
1. The Federal Constitution, in Article 132(3) states that ‘...(3) The public service shall not be taken to comprise -
(a) the office of any member of the administration in the Federation or a State; or(b) the office of President, Speaker, Deputy President, Deputy Speaker or member of either House of Parliament or of the Legislative Assembly of a State; or(c) the office of judge of the Federal Court, the Court of Appeal or a High Court; or(d) the office of member of any Commission or Council established by this Constitution or any corresponding Commission or Council established by the Constitution of a State; or(e) such diplomatic posts as the Yang di-Pertuan Agong may by order prescribe, being post which but for the order would be posts in the general public service of the Federation….’
2. This would mean that PUBLIC OFFICERS (CONDUCT AND DISCIPLINE) REGULATIONS 1993 PU(A) 395/1993 and related regulations would not apply to the Cabinet. It is unclear too as to whether they apply to Members of Parliament, Senators and State Assembly Persons.
3. The Public Officers Regulation (Conduct and Discipline) 1993 deals with sexual harassment, receipt of presents, ownership of property including disposal, futures market, borrowing and lending monies, entertainment, etc. It covers not just the particular officer but also their family members.
4. Regulation 10 of the Public Officers Regulation (Conduct and Discipline) 1993, requires that all public servants must declare both movable properties, such as money in bank accounts, motor vehicles, jewelleries, firearms, shares, warrants, stocks, bonds and securities, as well as immovable properties, such as land, landed properties, and of course, business ownership or directorship.
5. Regulation 10 (3) Where, after making a declaration under subregulation (1), an officer or his spouse or child acquires any property, either directly or indirectly, or any property acquired by him or by his spouse or child is disposed of, that officer shall immediately declare such acquisition or disposal of property to his Head of Department…’
6. Service Circular Number 3/2002 (PEKELILING PERKHIDMATAN BILANGAN 3 TAHUN 2002) deals with Ownership and Declaration of Assets by Public Officials, which prevents a public servant from owning more than RM100,000 worth of shares in any company.
7. Regulation 8(1), amongst others, state that ‘....an officer shall not receive or give nor shall he allow his spouse or any other person to receive or give on his behalf any present, whether in a tangible form or otherwise, from or to any person, association, body, or group of persons if the receipt or giving of such present is in any way connected, either directly or indirectly, with his official duties….’
8. At present, it appears that Public Officers Regulation (Conduct and Discipline) 1993 and related regulations, circulars, etc do not apply to Cabinet Members, and there seem to be no similar comprehensive Regulations on Code and Conduct that exist.
9. Political Funding from third parties is also of concern, more so, when there is no requirement of declaration and transparency. Acquisition of monies personally on behalf of a political party, is still acquisition of monies personally. If anyone wanted to ‘donate’ to a political party, then they will directly pay the said party, who are registered societies and do have official party bank accounts.
10. For Members of Parliament, there is currently a call to make a declaration of assets to the Malaysian Anti-Corruption Commission(MACC), but a one time declaration only helps us understand how rich or poor they are when they get elected or assume office. If there were regular declarations, once every 6 months or immediately after they acquire or dispose of property, then the people can monitor the Cabinet and their elected representatives better to ensure they stay clean. Currently, if one visits the MACC website, one may not see the details of the asset declaration, as it is made inaccessible after several months from the date of declaration.
11. It is best that Public Officers Regulation (Conduct and Discipline) 1993 or a similar Regulation/Act applies also to Members of Administration (Prime Minister and Cabinet Members), Members of Parliament, Senators, State Assembly Persons, and officers in Government Linked Companies, Government Owned Companies & Government Investment Companies. Declaration of Assets requirement should also extend to them.
A. To enact an Act of Parliament and/or amend the Federal Constitution to extend and expand the applicability of the Public Officers Regulation (Conduct and Discipline) 1993 and related regulations, circulars, etc and/or similar Acts/Regulations to all Members of Administration (Prime Minister and Cabinet Members), Members of Parliament, Senators, State Assembly Persons, and officers in Government Linked Companies, Government Owned Companies and Government Investment Companies.,
B. To legislate and enhance the Asset Declaration requirements to mandate that declarations must be made as soon as it is practicable to do so after acquisition and/or disposal of any properties and/or assets, and further that these asset declarations shall always be made accessible and/or open to the public; and
C. To enact an Act of Parliament That a law/regulation to regulate and control all forms of political funding.
Source: Malaysian Bar website
(The Motion was proposed Charles Hector)
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