Plans afoot to outlaw 'living beyond means'
The government is likely to introduce changes to the law on corruption that could see the practice of living beyond one’s means an offence.
However, changes to the Malaysian Anti-Corruption Commission Act will not be tabled in the next parliamentary session as these are still at the drafting stage.
The government is likely to introduce changes to the law on corruption that could see the practice of living beyond one’s means an offence.
However, changes to the Malaysian Anti-Corruption Commission Act will not be tabled in the next parliamentary session as these are still at the drafting stage.
"That relates to Section 36 (of the Act). It is still being looked at by the Attorney-General's Chambers.
"Maybe it will be in the second phase (of amendments)," Minister in the Prime Minister's Department Paul Low said today.
Civil society have called for amendments to the law to allow the MACC to probe and propose charges against those living beyond their known incomes, including high -profile individuals such as Sarawak Chief Minister Abdul Taib Mahmud.
The question was also raised recently over news of Prime Minister Najib Abdul Razak's stepson Riza Aziz ( below, left in photo ), a budding Hollywood producer's purchase of two luxury properties in the United States.
Meanwhile, Low, however, said that the government will not be looking at providing prosecutional powers to the MACC.
"Prosecutional powers (for MACC) are not in the book. Prosecutional powers is with the Attorney-General's Chambers," he told reporters.
According to Low, the first round of amendments will be on corporate liability, which will make companies liable for bribes paid by the employees.
There will also be bills to allow MACC its own services commission and to elevate the status of MACC chief commissioner to that of a judge to ensure independence.
The latter would require constitutional amendment, he said, and will be tabled later this year.
It was previously reported that Prime Minister Najib Abdul Razak has committed to the Bill to change the federal constitution, as long as both sides of the House will support it.
Legislation in Hong Kong allows for its anti-graft body to investigate unexplained wealth, however researchers note that no charges have been brought using the relevant section since the 1980s.
It was reported that this was as white collar criminals, who made up the bulk of those enriching themselves through corrupt means, had wised up and found loopholes in the law.
UN: Chief commissioner's appointment a 'risk'
Low spoke after unveiling the United Nations Convention Against Corruption (UNCAC) update on the publication of Malaysia's 2013 review.
Malaysia was found by reviewers Kenya and Philippines to have 23 best practices which the UNCAC would recommend to member states to adopt in the fight against corruption.
These include inter-agency cooperation and initiative to curb corruption in the private sector.
However, the UNCAC found there was room for improvement, particularly in the area of legislation which requires "finetuning".
UN Office of Drugs and Crime Southeast Asia representative Shervin Majlessi ( right, in photo ) said the reviewers found there could be better "clarity... to the scope of corruption".
"For example on illicit enrichment, now it can only be (probed) if there is an ongoing investigation so the recommendation is to broaden the... investigation on illicit enrichment," he said.
He said there could also be improvement in the laws punishing "trading in influence" to include those who use both real or perceived influence to engage in corruption.
He added that the report also found there is a "risk" of lack of independence because the chief commissioner of the MACC is appointed on the recommendation of the prime minister.
"But we are happy to hear this is being addressed," he said.
To a question, Majlessi added that the UNCAC does not give specific recommendations on whether an anti-corruption enforcement body should have prosecutional powers.
He said the only feature that the UNCAC looks out for, is that the investigation and prosecutional powers of anti-graft bodies be independent from vested interests.


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