An offer, the attempt or the giving of a GIFT to the PM or Cabinet Member is a CRIMINAL OFFENCE?

Prime Ministers, Ministers, Cabinet...maybe receiving 'GIFTS' or OFFERS for Gifts from third parties -  This should NEVER happen, as the one possible reason behind the giving of such 'GIFTS' may be corruption - which is an offence. What may be the reason behind such gifts - trying to wrongfully affect policy, enforcement of laws(after all some Ministers have the power of EXEMPTION to allow non-compliance with law, maybe for advantage in securing projects/contracts, maybe to impact development plans, etc. There are numerous reasons why 'gifts' are offered or given to Cabinet members directly or indirectly....

The BIG PROBLEM in Malaysia is the lack of conduct and discipline law for members of the Cabinet... as  PUBLIC OFFICERS (CONDUCT AND DISCIPLINE) REGULATIONS 1993 today does not apply to Cabinet members at the Federal or State level - when really IT SHOULD.

Malaysia Prime Minister Anwar Ibrahim has urged all parties to stop offering him gifts, saying that this culture must be stopped. “I would like to remind everyone not to give me any more gifts and such practices must be discontinued,” he said in a Facebook post on Thursday. - Straits Times, 1/12/2022

Anwar should have added that it is a CRIMINAL OFFENSE in Malaysia - even an attempt or an offer. Has Anwar and his Cabinet Ministers reported these attempts, offers, etc? He should have said that he will report any attempts to the police/MACC...

25  Duty to report bribery transactions [MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009]

(1) Any person to whom any gratification is given, promised, or offered, in contravention of any provision of this Act shall report such gift, promise or offer together with the name, if known, of the person who gave, promised or offered such gratification to him to the nearest officer of the commission or police officer.

(2) Any person who fails to comply with subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding ten years or to both.

To monitor the Prime Minister and the Cabinet, maybe it is best to set up a Special Parliamentary Committee whereby the Prime Minister or any member of the Cabinet is DUTY BOUND to report to this committee - who attempted to offer, offered, etc - what was offered,...Parliament has the duty to MONITOR to be CHECK AND BALANCE of the Executive, including Prime Minister, Ministers, Cabinet, etc...

* ALL GIFTS RECEIVED MUST BE REPORTED, and maybe returned or even 'confiscated' by the government.

Anwar Ibrahim is a MILLIONAIRE, as he said before GE15 that he had over RM11 million in assets ...Likewise all Cabinet members are well-paid >>> they do not need additional monies, etc ...or GIFTS.

We recall Najib's assertion of a billion dollar gift from allegedly a member of the Saudi Royalty... 

When caught for corruption, abuse of power or even money laundering, many politicians tend to claim that it was 'political donation' or 'monies for some charity'...well, if it is donation for a political party, it should be paid directly into the political party's bank accounts, or the charity's bank account - and not into personal bank accounts.

ADUNS and MPs should have a Constituency Bank Account - where donations for constituency can go into..

ASSET DECLARATION - still none officially since PM Anwar came into power.

I came across a report 'Police investigate Chegu Bard, Muhammad Zahid over alleged inflammatory remarks about car gifted by King to PM' - I do not understand why the police is investigating this. Remember, in Malaysia, the Royalty is no more above the law - they too can now be prosecuted for Criminal Offenses. Did the King give Anwar a car as a gift? I await for PM Anwar's response - hopefully he will say that he refused it for reasons.... 

The need for 'Conduct and Discipline' laws for Cabinet members is also part of a Malaysian Bar Resolution - see below.

Resolution for Conduct, Discipline and Political Funding laws that cover the Cabinet, Members of Parliament, Senators, etc

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.

THEREFORE, IT IS HEREBY RESOLVED

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


PUBLIC OFFICERS (CONDUCT AND DISCIPLINE) REGULATIONS 1993

Preamble


PART I PRELIMINARY

1 Citation and commencement
2 Application
3 Interpretation

PART IA DUTY TO COMPLY WITH REGULATIONS

3A Duty to comply with Regulations
3B Failure to give and to comply with undertaking

PART IB DUTY OF DISCIPLINARY CONTROL AND SUPERVISION

3C Duty to exercise disciplinary control and supervision
3D Duty to inform Director General of Public Service of every disciplinary action

PART II CODE OF CONDUCT

4 General
4A Sexual harassment
5 Outside employment
6 Dress etiquette
7 Drugs
8 Presents, etc.

(1) Subject to the provisions of this regulation, 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.

(2) The Head of Department of an officer may, if he thinks fit, permit the officer to receive a letter of recommendation from any person, association, body, or group of persons on the occasion of the officer's retirement or transfer so long as such letter of recommendation is not enclosed in a receptacle of value.

(3) The Head of Department may permit the collection of spontaneous contributions by officers under his charge for the purpose of making a presentation to an officer in his Department on the occasion of the officer's retirement, transfer or marriage or any other appropriate occasion.

(4) If the circumstances make it difficult for an officer to refuse a present or token of value, the receipt of which is prohibited by this regulation, such present may be formally accepted but the officer shall, as soon as practicable, submit to his Head of Department a written report containing a full description and the estimated value of the present and the circumstances under which it was received.

(5) Upon receipt of a report made under subregulation (4), the Head of Department shall-

(a) permit the officer to retain the present; or

(b) direct that the present be returned, through the Head of Department, to the giver.

9 Entertainment
10 Ownership property
11 Maintaining a standard of living beyond emoluments and legitimate private means
12 Borrowing money
13 Serious pecuniary indebtedness
14 Report of serious pecuniary indebtedness
15 Lending money
16 Involvement in the futures market
17 Lucky draws, lotteries, etc.
18 Publication of books, etc.
19 Making public statement
20 Prohibition on acting as editor, etc., in any publication
21 Taking part in politics
22 Institution of legal proceedings and legal aid

PART III ABSENCE WITHOUT LEAVE
23 Absence from duty
24 Disciplinary action for absence without leave
25 Procedure in cases of absence without leave
26 Procedure where officer is absent without leave and cannot be traced
27 Forfeiture of emoluments due to absence from duty

PART IV OFFICERS SUBJECT TO CRIMINAL PROCEEDINGS, ETC.

28 Procedure where criminal proceedings are instituted against an officer
29 Responsibility of Head of Department if officer is convicted of criminal offence
30 Disciplinary action shall not be taken until criminal proceedings are completed
31 Consequences of an acquittal
32 Procedure where there is an order of detention, banishment, etc.
33 Consideration of Disciplinary Authority in cases of conviction and detention

PART V DISCIPLINARY PROCEDURE
Chapter 1 - General
34 Conditions for dismissal or reduction in rank
35 Chairman of Disciplinary Authority to determine nature of breach of discipline
 

 Chapter 2 - Disciplinary proceeding not with a view to dismissal or reduction in rank
36 Procedure in disciplinary cases not with a view to dismissal or reduction in rank

Chapter 3 - Disciplinary proceeding with a view to dismissal or reduction in rank
37 Procedure in disciplinary cases with a view to dismissal or reduction in rank
37A Investigation Committee
37B Procedure to be followed by the Investigation Committee
37C Further grounds for dismissal
37D Powers of the Disciplinary Authority

PART VI DISCIPLINARY PUNISHMENTS

38 Types of disciplinary punishments
39 Fine or forfeiture of emoluments
40 Deferment of salary movement
41 Reduction of salary
42 Reduction in rank

PART VIA INTERDICTION AND SUSPENSION

43 Interdiction for the purpose of investigation
44 Interdiction
45 Suspension
45A Unpaid emoluments
46 Resumption of duties
47 Disciplinary procedures for an officer serving outside Malaysia
48 Officer shall not leave Malaysia without written permission

PART VII TERMINATION IN THE PUBLIC INTEREST

49 Termination in the public interest
 

PART VIII MISCELLANEOUS
50 Application of 1993 Regulation
50A Particulars of the offence and punishment to be recorded
51 Surcharge
52 Service of notice, document, etc.
53 Signatures on letters and other correspondence
54 Repeal and savings

SCHEDULE

CONDUCT AND DISCIPLINE Regulations for MPs,PM and Cabinet, GLCs - Enact Political Funding law & Asset Declaration law - Bar RESOLUTION.

Stop sending me gifts, says Malaysia PM Anwar

Malaysian PM Anwar Ibrahim said he appreciated the good intentions of all parties but such a practice was not compatible with the ethics of leadership and administration. PHOTO: REUTERS

Updated

Dec 01, 2022, 11:29 PM

PETALING JAYA - Malaysia Prime Minister Anwar Ibrahim has urged all parties to stop offering him gifts, saying that this culture must be stopped.

“I would like to remind everyone not to give me any more gifts and such practices must be discontinued,” he said in a Facebook post on Thursday.

Datuk Seri Anwar said he appreciated the good intentions of all parties but such a practice was not compatible with the ethics of leadership and administration.

Mr Anwar recently came under scrutiny when he was pictured wearing a pair of black shoes, believed to have cost more than RM5,000 (S$1,537).

In a tweet, he explained that the shoes were a gift from Johor Sultan Ibrahim Iskandar.

“(The shoes) were a gift from Tuanku Sultan Johor two years ago. It’s fine if you want to question me, but avoid defamation,” he tweeted. - Straits Times, 1/12/2022

 

Police investigate Chegu Bard, Muhammad Zahid over alleged inflammatory remarks about car gifted by King to PM

By Bernama / Bernama

04 Mar 2024, 07:36 pm

'We are completing the investigation paper, and both individuals will be called to provide statements soon,' says Inspector General of Police Tan Sri Razarudin Husain.

KUALA LUMPUR (March 4): The police have opened an investigation paper against Chegu Bard, whose real name is Badrul Hisham Shaharin, regarding his alleged inflammatory remarks about the car gift by His Majesty Sultan Ibrahim, King of Malaysia, to Prime Minister Datuk Seri Anwar Ibrahim.

Inspector General of Police Tan Sri Razarudin Husain said that an investigation paper under Section 4(1) of the Sedition Act 1948 had also been opened against Muhammad Zahid Md Arip, who is a former political secretary to former prime minister Tun Dr Mahathir Mohamad, for the same allegation.

"We are completing the investigation paper, and both individuals will be called to provide their statements soon," Razarudin said when met by reporters here on Monday.

He was met after attending the duties handover ceremony of the new director of the Narcotics Crime Investigation Department of Bukit Aman, Datuk Khaw Kok Chin, from Datuk Seri Mohd Kamarudin Md Din, as well as the new director of the Department of Internal Security and Public Order, Mohd Kamarudin, from Datuk Seri Hazani Ghazali here on Monday.

Regarding the red notice against Datuk Seri Muhammad Adlan Berhan, the son-in-law of former prime minister Tan Sri Muhyiddin Yassin, Razarudin said that they had provided additional information as requested by Interpol.

"Now, the police are only awaiting further feedback from Interpol regarding the red notice," he said.

Regarding the use of body cameras by police officers on duty, he said that they expect to receive the equipment by October.

"It is hoped that with the receipt of these 7,648 body cameras, we can at least avoid allegations against the Royal Malaysian Police, and make our personnel more accountable," he said. - The Edge, 4/3/2024