Tun Daim Zainuddin has been charged with failing to declare his assets to the Malaysian Anti-Corruption Commission (MACC) on Monday (Jan 29).The former finance minister claimed trial at the Sessions Court here for the charge framed under Section 36(2) of the MACC Act pertaining to the disclosure of assets.
Well, an interesting power to catch the corrupt - including those who owns, possesses, controls or holds any interest in any property which is excessive, having regard to his present and past emoluments and all other relevant circumstances,...
In the case of Daim, it was not disclosing all the assets that you own - because it may be obtained by breaking the law..
Beware Mr Policeman who owns an expensive car, which he cannot afford based on what he actually earns...
Anwar Ibrahim just declared he has
PKR president Anwar Ibrahim has declared assets worth roughly RM11.2 million as of today.The PH chairman declared a house and three plots of land worth RM10.35 million and around RM829,000 in cash and savings.
Did he accumulate that much money/assets legally - or was the source of his moneys from illegal activities or crimes, including corruption? Did he declare all his assets/monies - or are there others elsewhere - in country and outside? Under other peoples' names? Can we compare with his previous asset declaration?
He declared HIS - what about his spouse, children...assets. After all, it is possible that 'corrupt money' may be hidden in the accounts of family members or associates...
Should MACC also investigate Anwar, and send a similar notice to him as they did to Daim and his wife?
Well, we have had MPs and Members of the Cabinet DECLARE their Assets and Income - Maybe the MACC should use this provision to determine that their declaration is HONEST.
The reason behind ASSET DECLARATION of MPs and Members of the Parliament is primarily for the people to be reassured that the monies earned during their term of office is CLEAN - and not by reason of abuse of powers, etc.
Sadly, the ASSET DECLARATION in the past have not been accessible to the people at all times - IT MUST BE, and members of the public must be invited to information if the suspect/believe that the declaration is incomplete or false - maybe some accounts not disclosed, maybe some foreign bank accounts??, some land/property hidden under someone else's name, ..
And ALL Asset declarations, everything from past to now must be always available online for public scrutiny - people need to compare with past asset declaration, and know about the increase/decrease in assets.
HOW DID ANWAR COME TO OWN 11.2 MILLION >> where did that money come from? From some Saudi Prince as Najib once alleged? Salary, pension, some 'private donation'???
What is Section 36(2) of the MACC Act?
36 Powers to obtain information [MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009]
(1) Notwithstanding any written law or rule of law to the contrary, an officer of the Commission of the rank of Commissioner and above, if he has reasonable ground to believe, based on the investigation carried out by an officer of the Commission, that any property is held or acquired by any person as a result of or in connection with an offence under this Act, may by written notice-
(a) require that person to furnish a statement in writing on oath or affirmation-
(i) identifying every property, whether movable or immovable, whether within or outside Malaysia, belonging to him or in his possession, or in which he has any interest, whether legal or equitable, and specifying the date on which each of the properties so identified was acquired and the manner in which it was acquired, whether by way of any dealing, bequest, devise, inheritance, or any other manner;
(ii) identifying every property sent out of Malaysia by him during such period as may be specified in the notice;
(iii) setting out the estimated value and location of each of the properties identified under subparagraphs (i) and (ii), and if any of such properties cannot be located, the reason therefor;
(iv) stating in respect of each of the properties identified under subparagraphs (i) and (ii) whether the property is held by him or by any other person on his behalf, whether it has been transferred, sold to, or kept with any person, whether it has been diminished in value since its acquisition by him, and whether it has been commingled with other property which cannot be separated or divided without difficulty;
(v) setting out all other information relating to his properties, business, travel, or other activities as may be specified in the notice; and
(vi) setting out all his sources of income, earnings or assets;
(b) require any relative or associate of the person referred to in paragraph (1)(a), or any other person whom the officer of the Commission of the rank of Commissioner and above has reasonable grounds to believe is able to assist in the investigation, to furnish a statement in writing on oath or affirmation-
(i) identifying every property, whether movable or immovable, whether within or outside Malaysia, belonging to him or in his possession, or in which such person has any interest, whether legal or equitable, and specifying the date on which each of the properties identified was acquired, whether by way of any dealing, bequest, devise, inheritance, or any other manner;
(ii) identifying every property sent out of Malaysia by him during such period as may be specified in the notice;
(iii) setting out the estimated value and location of each of the properties identified under subparagraphs (i) and (ii), and if any of such properties cannot be located, the reason therefor;
(iv) stating in respect of each of the properties identified under subparagraphs (i) and (ii) whether the property is held by him or by any other person on his behalf, whether it has been transferred, sold to, or kept with any person, whether it has been diminished in value since its acquisition by him, and whether it has been commingled with other property which cannot be separated or divided without difficulty;
(v) setting out all other information relating to each of the properties identified under subparagraphs (i) and (ii), and the business, travel, or other activities of such person; and
(vi) setting out all the sources of income, earnings or assets of such person; and
(c) require any officer of any financial institution, or any person who is in any manner or to any extent responsible for the management and control of the affairs of any financial institution, to furnish copies of any or all accounts, documents and records relating to any person to whom a notice may be issued under paragraph (a) or (b).
[(c) Am. Act A1567:s.8]
(2) Every person to whom a notice is sent by the officer of the Commission of the rank of Commissioner and above under subsection (1) shall, notwithstanding any written law or rule of law to the contrary, comply with the terms of the notice within such time as may be specified therein, and any person who wilfully neglects or fails to comply with the terms of the notice commits an offence and shall on conviction be liable to imprisonment for a term not exceeding five years and to a fine not exceeding one hundred thousand ringgit.
(3) Where the officer of the Commission of the rank of Commissioner and above has reasonable grounds to believe that any person who has been served with the written notice referred to in subsection (1) owns, possesses, controls or holds any interest in any property which is excessive, having regard to his present and past emoluments and all other relevant circumstances, such officer of the Commission may by written direction require him to furnish a statement on oath or affirmation explaining how he was able to own, possess, control or hold such excess and if he fails to explain satisfactorily such excess, he commits an offence and shall on conviction be liable to-
[(3) Am. Act A1567:s.8]
(a) imprisonment for a term not exceeding twenty years; and
(b) a fine which is not less than five times the value of the excess, if the excess is capable of being valued, or ten thousand ringgit, whichever is the higher.
(4) Every person to whom a direction is sent by such officer of the Commission under subsection (3) shall, notwithstanding any written law or rule of law to the contrary, comply with the terms of the direction within such time as may be specified in the direction, and if such person willfully neglects or fails to comply with such direction, he commits an offence and shall on conviction be liable to-
(a) imprisonment for a term not exceeding twenty years; and
(b) a fine which is not less than five times the value of the excess, if the excess is capable of being valued, or ten thousand ringgit, whichever is the higher.
(5) Every person to whom a notice or direction is sent by an officer of the Commission of the rank of Commissioner and above under this section shall be legally bound to state the truth and shall disclose all information which is within his knowledge, or which is available to him, or which is capable of being obtained by him.
(6) Where any person discloses an information or produces any accounts, documents or records, in response to a notice under subsection (1), such person, his agent or employee, or any other person acting on his behalf or under his direction, shall not, by reason only of such disclosure or production, be liable to prosecution for any offence under or by virtue of any law, or to any proceeding or claim by any person under or by virtue of any law or under or by virtue of any contract, agreement or arrangement, or otherwise.
(7) Subsection (6) shall not bar, prevent or prohibit the institution of any prosecution for any offence-
(a) as provided by this section;
(b) of giving false evidence in relation to any statement on oath or affirmation furnished to an officer of the commission of the rank of commissioner and above pursuant to this section; or
(c) provided for in section 27.
'Muda president Syed Saddiq Syed Abdul Rahman had recently questioned why government ministers had yet to declare their assets despite being in power for seven months now.' - this was raised in July 2023.
- Nation
-
Monday, 29 Jan 2024
KUALA LUMPUR: Tun Daim Zainuddin has been charged with failing to declare his assets to the Malaysian Anti-Corruption Commission (MACC) on Monday (Jan 29).
The former finance minister claimed trial at the Sessions Court here for the charge framed under Section 36(2) of the MACC Act pertaining to the disclosure of assets.
ALSO READ: Daim: Bring on the charges
According to the charge sheet, Daim had intentionally given a written statement under oath that did not comply with the terms of notice under Section 36(1) (b) of the MACC Act 2009, whereby Daim did not declare assets as stated in Appendix A.
He allegedly committed the offence at the MACC headquarters in Putrajaya on Dec 13, 2023.
The 85-year-old was charged under Section 36(2) of the MACC Act 2009 and faces imprisonment of up to five years and a fine not exceeding RM100,000, if convicted.
The court interpreter read a long list of assets that were listed in Appendix A, as Daim sat on his wheelchair outside of the accused dock.
The assets are one bank account, seven luxury cars, 38 companies and 25 lands and properties spread across Kuala Lumpur, Negri Sembilan, Pahang and Perak.
According to Bernama, the assets comprise Amanah Saham Nasional Berhad (ASB) and Amanah Saham Nasional (ASN) bank accounts, seven luxury vehicles such as a Rolls Royce Royce 2 Axle Rigid Body, three Mercedes Benz, a Jaguar XJS HE, Austin Morris Austin and Ford Prefect.
The assets also involve 38 companies, namely Ibu Kota Developments Sdn Bhd, Maya Seni Holdings Sdn Bhd, Menara Ampang Sdn Bhd, Dream Cruiser Sdn Bhd, Landbelt Corporation Sdn Bhd, Kenari Teliti Sdn Bhd, Fnq Advanced Materials Sdn Bhd, Kota Tandop Development Sendirian Berhad, Alun-Alun Resort (M) Sdn Bhd, Dasar Seroja Sdn Bhd, Gigantic Promotions Sdn Bhd, Jupiter Alliance Sdn Bhd, Inayat Realty Sdn Bhd, Suasa Urus Sdn Bhd, Avillion Berhad, Meridian Haven Sdn Bhd, Avillion Vista Hotel Sdn Bhd, Vast Access Sdn Bhd and Fortune Valley Sdn Bhd.
Also in the list are Reliance E-Com Sdn Bhd, Admiral Marina Berhad, Golden Envoy (M) Sdn Bhd, Mela Lifestyle Sdn Bhd, AVI SPA Sdn Bhd, Avillion Hotel Group Sdn Bhd, RPB Capital Holdings Sdn Bhd, Genius Field Sdn Bhd, Festive Place Sdn Bhd, Avillion Suite Hotel (PD) Sdn Bhd, Taman Unik Sdn Bhd, Admiral Cove Development Sdn Bhd, Nesline Sdn Bhd, RPB Development Sdn Bhd, OS Resources Sdn Bhd, Avillion Hotel (Kl) Sdn Bhd, Avillion Hotels International Sdn Bhd, Admiral Hill Hotel Sdn Bhd and Reliance Shipping & Travel Agencies (Perak) Sdn Bhd.
When asked by the court interpreter whether he understood the charge, Daim replied: "Faham" (I understand).
He pleaded not guilty and claimed trial.
Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin offered bail between RM250,000 and RM500,000 in one surety.
He asked for the court to impose additional conditions, for Daim to surrender his passport and to report his attendance to the MACC office monthly.
DPP Wan Shaharuddin also asked for Daim not to issue any statements on the case until the disposal of the case.
"We understand freedom of speech but there is a limit when a person is already charged in court," he said.
Lawyer M. Puravalen, who represented Daim, told the court that his client was a kidney transplant patient and suffered from minor strokes.
"He also has fungal infection in his eye which caused one eye to be removed," Puravalen said.
The lawyer said wheelchair-bound Daim was not mobile and "was not going anywhere", hence the two other bail conditions as well as the prosecution's comments on issuing statements were unnecessary.
Sessions Court judge Azura Alwi fixed bail at RM280,000 in one surety and did not impose any additional bail conditions after considering Daim's condition.
"On the issue of commenting on the case, I understand. I think all parties are mature enough. The case is already brought to court and I ask for both parties not to give comments (on the case) to avoid sub judice," she said.
The court also fixed March 22 for mention in Daim's case, the same date for mention in his wife, Toh Puan Na'imah Abdul Khalid's case. - Star, 29/1/2024
Anwar declares RM11.2mil in assets
The PKR president has declared a house and three plots of land worth RM10.35 million and around RM829,000 in cash and savings.
PKR president Anwar Ibrahim urged other party leaders to follow his lead and declare their assets as well.PETALING JAYA: PKR president Anwar Ibrahim has declared assets worth about RM11.2 million as of today.
Most of PKR’s 72 candidates for the general election (GE15) have declared their assets as part of the party’s campaign against corruption, with Anwar and his wife Dr Wan Azizah Wan Ismail being the notable exceptions prior to today’s declaration.
The Pakatan Harapan chairman has declared a house and three plots of land worth RM10.35 million and about RM829,000 in cash and savings.
Speaking at an event in Kuala Lumpur today, Anwar urged other party leaders to follow his lead and declare their assets as well.
The asset declaration was posted on PKR’s website on a page which displays its GE15 candidates.
Anwar is standing in Tambun while Wan Azizah is a candidate in Bandar Tun Razak.
A check on PKR’s website found no information on Wan Azizah’s assets. However, a note states that the information will be updated.
PH to drop Ramanan if involved in graft
Separately, Anwar said Pakatan Harapan (PH) was ready to drop R Ramanan as its Sungai Buloh candidate if there was evidence that he was involved in corruption.
However, Anwar said as of now, there was no proof that the PKR vice-information chief was involved in graft.
The PH chairman added that he had vetted each one of the coalition’s candidates with the Malaysian Anti-Corruption Commission and police. - FMT, 9/11/2022
PMO: New format on asset declaration for MPs and other govt office holders in the works
KUALA LUMPUR, Jan 8 — The National Governance Cabinet Special Committee (JKKTN) is planning a new format for Members of Parliament and other government office holders to declare their assets, the Prime Minister’s Office (PMO) said today.
The PMO said that this was in line with the government’s aim to promote transparency.
“JKKTN has discussed the introduction of a new format for Members of Parliament and members of the administration to declare their assets.
“This new format will be tabled during a Cabinet meeting in the near future,” the PMO said in a statement.
The PMO also said that JKKTN had discussed steps to strengthen the governance of Federal Statutory Bodies (FSB) and agreed that the General Circular Letter Number 3 of 1998 would be replaced by new guidelines designed to strengthen all aspects of governance.
The PMO said the reforms would cover the appointment process involving FSB chairmen and board members based on transparent criteria and also mandate a thorough evaluation process in the form of an integrity review by the Malaysian Anti-Corruption Commission (MACC), as well as an insolvency and Royal Malaysia Police (PDRM) screening.
It said FSB board of directors’ capacity development programme would also be emphasised in the guidelines.
“The role of internal audits at every level of FSB, including its companies and corporations, will be strengthened.
“The reforms will also include the strengthening of the structure and composition of the membership of the board of directors by mandating the involvement of the Implementation Coordination Unit of the Prime Minister's Department (ICU JPM), especially for those FSB that receive provisions under the Five-Year Malaysia Plan,” it said.
The PMO also said the reforms will focus on strengthening the detection, regulation and governance of FSB through a platform known as the Statutory Body System (SBSys) for the purpose of periodic reporting to the prime minister.
The PMO said that the statutory bodies need governance as they support the implementation of strategies by central agencies and other government departments as well as influence the country’s economic growth.
“Through Pantau Madani, the monitoring of FSB will be implemented more effectively via the empowerment of the Implementation Coordination Unit of PMO, the Ministry of Finance, the National Audit Department and the Performance Surge Coordination Unit of PMO.
“The implementation of these guidelines is a priority to support the Madani agenda through the empowerment of FSB,” it said. - Malay Mail, 8/1/2024
Ministers to declare assets when new format ready, says PMO
The Prime Minister’s Office says the new format for asset declarations would be more comprehensive.
PETALING JAYA: Members of the federal administration, including ministers in the Cabinet, will declare their assets as soon as a new format is ready, says the Prime Minister’s Office (PMO).
The PMO said the new format for asset declarations would be more comprehensive and will improve on the existing mechanism.
It said this was agreed upon by the special anti-corruption Cabinet committee, chaired by Prime Minister Anwar Ibrahim, when it met today.
Muda president Syed Saddiq Syed Abdul Rahman had recently questioned why government ministers had yet to declare their assets despite being in power for seven months now.
Meanwhile, the PMO also said Putrajaya would issue guidelines to handle “support letters” by members of the administration for “government matters”.
“The government takes the issue of support letters that involve elements of corruption and abuse of power seriously as this has affected the administration’s image.
“Guidelines will be issued to ensure that such support letters are not abused for personal interests.”
The PMO also said the Cabinet committee agreed for the auditor-general’s report to be periodically tabled when the Cabinet meets, starting with the 2022 report.
This is to ensure that follow-up measures, as recommended by the auditor-general, are taken immediately and effectively, it added.
The PMO said the committee will also review the limit on the number of directorships that civil servants are allowed to hold in a GLC or statutory body. This is to ensure their effectiveness in these roles.
It added that the special anti-corruption Cabinet committee will now be known as the special Cabinet committee on national governance.
It will have the authority to scrutinise governance weaknesses in GLCs and statutory bodies, including public universities.
“The government is committed to its agenda of strengthening
good governance to support the nation’s development and ensure that the
government is free from corruption, misappropriation and abuse of
power.” - FMT, 6/7/2023
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