The controversial asset declaration by the Selangor government raised the question of what is the best practice for an effective asset declaration mechanism.

In the final part of this special feature, Malaysiakini compared the assets declaration system in Taiwan, Korea, Philippines, Thailand and the United Nations (UN).

selangor state asset declaration The first three countries allows the public to access the asset information of the public officials with Taiwan to the extent of uploading the information online.

However, Thailand chose to submit the asset declaration to its National Counter Corruption Commission while UN staff members' asset declaration is done on a voluntary basis.

Currently, Malaysia has no legal framework in asset declaration, which is far behind the above mentioned countries which had passed laws to make the declaration compulsory where the public officials who failed to do so would be charged in court.

Taiwan disclose online

In Taiwan, from president and vice-president, officials in executive, legislative and judiciary branches, to those holding office in local government, all are required to disclose their asset regularly on public gazettes and websites.

Candidates for all public posts are also covered by the same Act on Property-Declaration by Public Servants passed in 1993.

Under the act, it is compulsory for public officials, their spouse and children under 18-year-old to declare their asset within three months after taking office and renew their declarations every year.

Declared asset includes immovable properties, vessel, cars and aircraft; deposit, foreign currency, securities, debt, investment or other valuable properties above NT$1 mil (around RM107,500); jewelleries, antiques, paintings and other items above NT$200,000 (around RM21,500).

Taiwan President Ma Ying-jeou made headlines when his first asset declaration after taking office was made public in last November. It showed his bank savings with an increase of NT$12 million compared to the amount he declared when running for the post.

However, he managed to give a reasonable explanation on the increase. This case demonstrates how check and balance mechanism could work through an effective asset declaration mechanism.

Korean way of transparency

Korean Public Servant's Ethic Law passed in 1981 requires the prime minister, cabinet members, members of parliament, elected members of local government, all candidates for elections and all civil servants to file declaration on their assets.

Even retired civil servants are required to file their declaration five years after retirement.

Assets to be declared include car, cash more than US$500, jewellery, bonds, land, house, club memberships, real estate, stocks, ships and boats. All close family members are also included in the law.

The declarations made by senior officials will be published by the government in a national public gazette one month after the declaration. The information is also widely reported in the press.

Constitutional rights in the Philippines

The Philippines have been enjoying the constitutional rights to access public officials' asset information since 1987.

The declaration covers basically all elected representatives, government servants and their spouse and underage children.

The information required are similar to Korea and Taiwan.

According to the Code of Conduct and Ethical Standards for Public Officials and Employees Act, the public are allowed to copy or reproduce the declarations by paying a small fee.

Thais depend on corruption watchdog

Thailand however chose to keep the asset information of its public officials only to the National Counter Corruption Commission.

The commission will inspect the change of assets and liabilities, and prepare an inspection report which shall be published in the government gazette.

UN voluntary declaration

Similarly, the UN does not enforce the necessity of revealing its staff members asset information to the public.

The declarations are submitted to the UN Ethics Office and audited by an independent accounting firm.

According to DAP vice chairperson Tunku Abdul Aziz Ibrahim who helped to establish the Ethics Office when he served as the UN Secretary-General’s special adviser, the accounting firm would alert the Ethics Office if they found anything suspicious and the staff would be called for explanation.

According to the UN Financial Disclosure Programme, public disclosure of the asset declaration is done on a voluntary basis. Both the secretary-general Ban-Ki moon, and deputy secretary-general, Dr Asha-Rose Migiro, voluntarily made public their financial disclosure statements in 2007.

Not necessary to make public

Tunku Abdul Aziz opined that it is “irrelevant” for man on the street to know the public officials’ asset but how to establish an effective independent mechanism to monitor the change in their asset regularly.

“It is important that people who declare their asset must be comfortable. No abuse of the information given by them,” said the former founding president of Transparency International Malaysia when contacted.

He agreed that making the information public may expose the officials to criminal elements which is not the purpose of asset declaration.

Former parliamentary secretary to the Ministry of International Trade & Industry Tan Yee Kew shared the same view, using privacy as the reason.

She supported the idea of handling the monitoring task to an independent body.

“If you want detailed declaration, then it should not be made public unless the independent body have found discrepancy in the report,” said Tan who had joined PKR last year.

She explained that it is necessary to protect the privacy of public figures, especially their family members who are not involved in politics.

A good start

selangor government declare asset 130309 Whether to bare it all or keeping it privy for independent monitoring, the move by Selangor government undoubtedly opened up a new chapter for a more transparent nation.

Indirectly the declaration had put pressure on other states and BN federal government hence creating a healthy competition between both camps in pushing for good governance.

After the first move by the Selangor government, now is the time to look into the establishment of an independent and effective asset declaration mechanism with legal foundation by referring to the various experience by other countries.

Part 1: S'gor cabinet's asset declaration 'laughable'

Part 2: How BN declares assets of its elected reps