* The Malaysian Anti-Corruption Commission Act 2009

Original Language Title: * Malaysian Anti-Corruption Commission Act 2009

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Laws of MALAYSIA _ _ _ _ _ _ _ _ _ _ _ _ _ ONLINE VERSION of the PRINT TEXT that UPDATE _ _ _ _ _ _ _ _ _ _ _ _ _ Act 694 MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009 As at 1 June 2015 2 MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009 Royal Assent Date......... January 6, 2009, the date of publication in the Gazette......... 8 January 2009 laws of MALAYSIA Act 694 MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. The main goal of the Act 3. Interpretation part II MALAYSIAN ANTI-CORRUPTION COMMISSION 4. The establishment of the Malaysian anti-corruption Commission 5. The Chief Commissioner 6. The appointment of other officers the Commission 7. The function of the Commission's officer 8. Submission of authorisation cards 9. Officer be deemed to be always on duty 10. Any officer of the Commission 11. Officers of the Commission 12. Standing order 4 laws of Malaysia ACT 694 PART III PROVISIONS on the ADVISORY BOARD, COMMITTEE or SPECIAL COMMITTEE COMPLAINT section 13. Anti-corruption Advisory Board 14. Special Committee on corruption 15. The Complaints Committee PART IV OFFENCES and PENALTIES 16. The offence of receiving feed 17. Offence to give or receive feeds by Agent 18. Offence with intent to deceive his principal by 19. Recipients or feed provider commits an offence irrespective of the purpose was not performed or the matter is not related to the affairs or business principal 20. In bribery to obtain withdrawal of the tender 21. Penyogokan public body officer 22. Foreign public officer Penyogokan 23. Offence use the Office or position to feed 24. Penalties for offences under sections 16, 17, 18, 20, 21, 22 and 23 25. Obligation to report transactions penyogokan 26. Deal about, use, holding, receiving or concealing feed or interest in relation to any offence 27. The making of a statement that is false or intended to mislead, etc., to the Commission or the public prosecutor 28. Trial, Setup, abetment and conspiracy crime punishable as offences Malaysian anti-corruption Commission 5 part V investigation, EXAMINATION and SEARCH, SEIZURE and ARREST section 29. The power to investigate complaints and information 30. The authority to examine people 31. Power to inspect and search and seize 32. Translation of 33. Seizure of movable property 34. Further provisions relating to the seizure of movable property 35. Investigation of share account, purchase, etc.
36. The power to obtain information 37. Instructions not to release, dealing about, movable in bank, etc.
38. Seizure of immovable property 39. Prohibition on the business of property outside Malaysia 40. Forfeiture of property if whenever the prosecution made for an offence 41. Forfeiture of property if there is no prosecution for an offence 42. Make travel arrangements on the property after the seizure is invalid 43. Power to intercept communications 44. Delivery of travel documents 45. Power to amend or revoke any order or notice under this Act 46. Barrister and solicitor may be required to reveals information 47. The obligation to provide information 48. Hinder the investigation and search 49. Offences under the Act an offence may arrest and any officer of the Commission in relation to the investigation of PART VI EVIDENCE 50. The assumption in certain offences 51. Supporting evidence 6 laws of Malaysia ACT 694 Section 52. The evidence of accomplices and agents of provocation, 53. Admissibility of statements of the accused person is 54. Admissibility of statements and documents of the person is dead or cannot be detected, etc.
55. Declaration of position or Office held 56. Acceptability of the translation of documents 57. Evidence about the prevalence of unacceptable PART VII the PROSECUTION and TRIAL of OFFENCES 58. Prosecution of offences 59. The jurisdiction of the Court of Session 60. Trial by the High Court with certification Prosecutor 61. Mergers offences 62. A defence statement 63. Examination of the offenders PART VIII GENERAL 64. Members of the Special Committee shall not be members of the Advisory Board, etc.
65. protection of information providers and information 66. The liability for an offence outside Malaysia 67. The application of the provisions of this Act for specified offences 68. General offences 69. Penalties am 70. The power of the police officer under this Act 71. Minister's power to make orders, rules and regulations and amend Table 72. The Malaysian anti-corruption Commission immunity 7 PART IX REPEAL and SAVING Section 73. The abolition of 74. Saving table 9 laws of MALAYSIA Act 694 MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009 an act to establish the Malaysian anti-corruption Commission, to provide further and better for prevention of corruption and for things to them, and associated with it.

[1 January 2009]

Enacted by the Parliament of Malaysia as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the Malaysian anti-corruption Commission Act 2009.

(2) of this Act come into force on 1 January 2009.


The main goal of the Act 2. The main objective of this Act is to — (a) to promote integrity and accountability of the administration of the public and private sectors by establishing an independent anti-corruption body and responsible; 10 laws of Malaysia ACT 694 (b) educate public authorities, public officials and the general public about corruption and the bad effects of the administration of the public and private sectors and the community.


Interpretation 3. In this Act, unless the context otherwise requires — "member of a State Legislative Assembly" includes a public body became a member of the Council of State by virtue of his Office;

"members of the Administration" has the meaning given to it in clause (2) of article 160 of the Constitution;

"public body" includes — (a) the Government of Malaysia;
(b) the Government of a State;
(c) any local authority, and any other statutory authority;

(d) any Department, service or undertaking the Government of Malaysia, the Government of a State, or of a local authority;


(e) any establishment registered under subsection 7 (1) the Societies Act 1966 [Act 335];

(f) any registered organisation established under section 12 of the Societies Act 1966;

(g) any sports bodies registered under section 17 the Sports Development Act 1997 [Act 576];

Malaysian anti-corruption Commission 11 (h) any co-operative society registered under section 7 co-operative Societies Act 1993 [Act 502];

(i) any registered Trade Union under section 12 Trade Unions Act 1959 [Act 262];

(j) any youth organization registered under section 9 of the Act Organization of youth and youth development 2007 [Act 668];

(k) any company or its subsidiary companies against whom or in which any public body referred to in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i) or (j) control or interest; or (l) any organization, Union, organization or body prescribed by the Minister from time to time by order published in the Gazette;

"bank" means a bank, finance companies, merchant banks, discount houses, or licensed under * of the banking and financial institutions Act 1989 [Act 372], or any other financial institutions established or licensed under any other written law or any co-operative society registered or deemed to have been registered under the co-operative Societies Act 1993;

"banker's book" include ledger, cash book, diary, books of account and all books and other documents used in the ordinary course of business of a bank;

"agent" means any person employed by or acting for another person, including an officer of the public body or who served in or under any public body, trustee, administrator or executor of the estate of a person who already * NOTE – this Act was repealed by the 2013 Financial Services Act [Act 758] in force on 30 June 2013 — see section 271 of the Act 758.


12 laws of Malaysia ACT 694 die, subcontractors, and any other person employed by or acting for the trustee, administrator or executor, or the subcontractors;

"property" means any type of property or movable property, including money, whether located in Malaysia or elsewhere, whether tangible or intangible, and includes an interest in any real property or movable it;

"financial institution" means any person who is in reality, by lawful or unlawful, carry on any business of the bank or finance company business as defined in * of the banking and financial institutions Act 1989;

"money instrument" means coin or currency of Malaysia or any other country, travellers cheques, personal cheques, bank cheques, money orders, security investment or negotiable instruments in bearer form or otherwise in such form until the ownership thereof moved upon delivery or upon delivery and endorsed;

"an offence under this Act" includes a prescribed offence;

"prescribed offence" means — (a) any offence under any written law set out in the schedule;

(b) an offence punishable under section 137 of the Customs Act 1967 [Act 235];

(c) an offence under part III of the election offences Act, 1954 [Act 5];

* NOTE – this Act was repealed by the 2013 Financial Services Act [Act 758] in force on 30 June 2013 — see section 271 of the Act 758.

Malaysian anti-corruption Commission 13 (d) an attempt to commit any offence referred to in paragraphs (a) to (c);
or (e) an abetment or conspiracy to commit the crime (as that term is defined in the Penal Code) any offence referred to in paragraphs (a) to (c), whether or not the offence was done arising therefrom;

"Chief Commissioner" means the Commissioner-General of the Malaysian anti-corruption Commission appointed under section 5;

"Court" means — (a) the High Court or a high court judge; or (b) the Court or magistrate's Court Sessions or sessions Court judge or magistrate, as the case may be;

"Minister" means the Minister responsible for the Malaysian anti-corruption Commission;

"officer" or "subordinate officer" means any officer or officers who appointed under subsection 6 (1) or (2);

"foreign public officer" includes — (a) any person who holds the position of legislative, Executive, administrative or judicial of a foreign country, whether appointed or elected;

(b) any person who carries on a public function for a foreign country, including a person who is employed by a Board, Commission, Corporation or other body or authority which was established to perform duties or functions on behalf of the foreign country; and 14 laws of Malaysia ACT 694 (c) any person authorized by the public international organizations to act on behalf of the Organization;

"officer of the public body" means any person who is a member, officer, employee or servants of a public body, and includes members of the Administration, members of Parliament, Member of a State Assemblyman, judge of the High Court, Court of appeal or the Federal Court, and any person who receives any remuneration from public funds, and, if the public body is a corporation a, including those incorporated as such Corporation;

"the Commission's senior officer" means the Chief Commissioner, a Deputy Chief Commissioner, Commissioner, Deputy Commissioner, the Chief Senior Assistant Commissioner, Senior Assistant Commissioner, Assistant Commissioner, Senior Superintendent, and Superintendent;

"the Commission's officer" means the Chief Commissioner and any officer appointed under subsection 6 (1);

"the buyer in good faith with the valuable consideration" means any transferee, assigns, chargee, mortgagee, holder of a lien holder, pledgee, lessee, or any property if the transfer, assignment, charge, mortgage, pledge, lien or lease that has been diperolehnya by paying adequate replies in the form of money or monetary value, without notice that the property has been acquired arising from the Commission of any offence under this Act;

"business" means any activities undertaken for the purpose of

get the gain or profit and includes all of the property obtained from, or used in or for the purposes of the exercise of such activities, and all rights and liabilities arising from such activities;

"statutory authority" means an authority, whether composed of a person or group of persons, which was established through federal law or State and the exercise of the powers, perform the duties or function of the Malaysian anti-corruption Commission 15 given to the authority by any federal or state law;

"local authority" has the meaning assigned to it in section 2 of the local Government Act 1976 [Act 171];

"principal" includes any employer, any beneficiary under a trust, any estate trust, any person who is beneficially interested in the estate of a person who is dead, the estate of a person who is dead, and, in the case of any person who served in or under a public body, the public body;

"brother", in relation to a person, means — (a) the spouse of that person;
(b) a brother or brother or sister of the person;
(c) sister or brother or sister of the person's spouse;
(d) persons related directly to nasab up or down with the person;

(e) persons related directly to nasab up or down with the spouse of that person;

(f) the person has a direct relationship with nasab down the person referred to in paragraph (b);

(g) uncle, aunt or cousin that person; or (h) as that person;
"allies", in relation to a person, means — (a) any person who is a nominee or employee of that person;

(b) any person who manages the Affairs of that person;
16 laws of Malaysia ACT 694 (c) any organization which that person, or any nominee of his, becoming his partner, or person in charge or control, or that has a controlling interest in its business, or its affairs;

(d) any corporation within the meaning of the companies Act 1965 [Act 125], which that person, or any nominee of his, becoming its Director or responsible for or control business or Affairs, or in which the person, alone or together with any nominee of his, has a controlling interest, or whose shares amounting to not less than thirty per cent of the total issued share capital of the Corporation; or (e) a trustee of any trust, if — (i) the trust was created by that person; or (ii) the total value of the assets contributed by that person to the trust at any time, whether before or after the trust is established, amounting to, at any time, not less than twenty per cent of the total value of the trust assets;

"feed" means — (a) money, donations, beams, loans, fees, prizes, valuable security, property or interest of the property, i.e. any type of property, whether movable or immovable, financial benefits, or any other such benefits;

(b) any Office, greatness, employment, contract of employment or service, and any agreement to provide employment or provide services of any nature;

Malaysian anti-corruption Commission 17 (c) any payment, release, discharge or settlement of any borrowings, obligation or other liability, whether in whole or in part;

(d) any other type of valuable consideration, any discounts, commissions, rebates, bonuses, deductions or percentage;

(e) any act refrain from claiming any money or value of money or valuable objects;

(f) any type of service or other aid, including protection from any penalty or disability incurred or feared or from any action or proceedings of a disciplinary, civil or criminal, whether or not already started, and includes the use or refrain from using any right or any power or duty of the official; and (g) any offer, undertaking or promise, whether conditional or unconditional, to give a feed within the meaning of any of paragraphs (a) to (f);

"Commission" means the Malaysian anti-corruption Commission;

"due date" means the date this Act comes into operation;

"transaction" includes — (a) any purchase, sale, loan, mortgage, mortgage, lien, pledge, caveat, surrender, transfer, assignment, subrogation, transfer, donation, trust, beams, provisions, deposit, withdrawal, transfer between accounts, or the extension of credit;

(b) any delegation or grant a power of Attorney; and (c) any act producing any right, title, interest or privileges, either present or future or whether is 18 laws of Malaysia ACT 694 right or contingent, in all or part of any property that is provided to any person.

PART II the MALAYSIAN ANTI-CORRUPTION COMMISSION the establishment of the Malaysian anti-corruption Commission 4. Malaysian anti-corruption Commission was established.


The Chief Commissioner 5. (1) the Yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint a Chief Commissioner for the Malaysian anti-corruption Commission, for such period and upon such terms and conditions as may be specified in the instrument of appointment.

(2) if the Chief Commissioner appointed from among members of the public service, the period of appointment of Chief Commissioner shall not be later than the date of retirement wajibnya of the public service, but if he reached the compulsory retirement age that he could be reappointed as Chief Commissioner by the Yang di-Pertuan Agong on the advice of the Prime Minister, on a contract basis for such period and upon such terms and conditions as may be specified in the instrument of appointment.

(3) the Chief Commissioner shall, during the period of his appointment as specified in the instrument of appointment, hold office's Yang di-Pertuan Agong, subject to the advice of the Prime Minister.

(4) the Commissioner shall, during the period of his Office as Chief Commissioner, be deemed to be members of the Federal public service for the purposes of general discipline.

Malaysian anti-corruption Commission 19 (5) the Chief Commissioner shall be responsible for command, control and supervision of all matters relating to the Commission.


(6) the Chief Commissioner shall have all the powers of the officers of the Commission and shall have such powers as Deputy Public Prosecutor authorized by the public prosecutor for the purposes of this Act.

(7) the Chief Commissioner shall, before starting to carry out the duties and responsibilities of his Office, make ahead of Yang di-Pertuan Agong, in a way that diakuinya as the most binding sense of conscience, a declaration as prescribed by the Minister by rules made under section 71.

(8) there shall be issued to the Chief Commissioner a certificate of appointment in the form of authorisation cards as evidence of his appointment.

(9) a person who immediately before the coming into operation of this Act in Office as Director General of the anti-corruption agency appointed under subsection 3 (2) of the prevention of corruption Act 1997 [Act 575] shall, when this Act comes into force, be deemed to have been appointed Chief Commissioner under subsection (1) for the remaining period of his appointment under Act 1997, and the requirements of subsection (7) shall be deemed to have been met.


The appointment of other officers of the Commission 6. (1) shall be appointed such number of Deputy Chief Commissioner, Commissioner, Deputy Commissioner, the Chief Senior Assistant Commissioner, Senior Assistant Commissioner, Assistant Commissioner, Senior Superintendent, Superintendent, Chief Senior Assistant Superintendent, Senior Assistant Superintendent and Assistant Superintendent for the Commission as may be necessary for the purpose of carrying out the provisions of this Act.

20 laws of Malaysia ACT 694 (2) shall be appointed such number of lower officers for the Commission as may be necessary to help the Commission implement the provisions of this Act.

(3) all officers and officers of the low Commission is the federal general public servants.

(4) every officer and officer low Commission shall have such powers as may be provided for him under this Act and shall be subject to the direction, control and supervision of the Commissioner-General or any other officer of the higher Commission of meteoric, and shall exercise its powers, its functions and meet their obligations in compliance with any direction or guidance stated orally or in writing by the Chief Commissioner or any other officer of the higher Commission of meteoric from it.

(5) every officer in charge of the Commission appointed under subsection (1) shall first joined the Commission and before starting to carry out the duties and responsibilities of his Office to make, before a Commission officer below the rank of Senior Superintendent or higher in the manner diakuinya as the most binding sense of conscience, a declaration as prescribed by the Minister by rules made under section 71.

(6) the certificate of appointment in the form of authorisation cards shall be issued to every officer and primary officer of the Commission, and the card must be signed by the Chief Commissioner and shall be prima facie evidence of his appointment under this Act.

(7) when this Act comes into force, every person holding office under the prevention of corruption Act 1997 shall be deemed to be an officer of the Commission appointed under this section and the requirements of subsection (5) shall be deemed to have been met, and every such officer shall hold any rank as determined by the Minister by notification in the Gazette.
Malaysian anti-corruption Commission officers Function 21 7. Officer of the Commission shall have the following functions: (a) receive and consider any complaints about the offence under this Act and investigate any complaint as it considers practicable by the Chief Commissioner or such officers;

(b) detect and investigate — (i) any suspected offences under this Act;
(ii) any suspected attempts to commit any offence under this Act; and (iii) any suspected conspiracy to commit any offence under this Act;

(c) reviewed the practices, systems and procedures of public bodies to facilitate the discovery of an offence under this Act and to produce a review of the practice, the procedure or system which in the opinion of the Chief Commissioner may lead to corruption;

(d) instruct, advise and assist any person, upon the request of that person, about how corruption can be eliminated by that person;

(e) advise the Chief public bodies of any changes in practice, system or procedure appropriate to the effective discharge of the duties of public body such as deemed necessary by the Chief Commissioner to reduce the likelihood of corruption;

(f) educate the public to fight against corruption; and (g) obtain and maintain the support of the public in the fight against corruption.
22 laws of Malaysia ACT 694 Forwarding authority card 8. Every officer and officer low Commission when acting under this Act, shall, when requested, to declare his Office and submit to the person against whom he is acting or from whom he requested any information card issued to him under this Act.


Officer be deemed to be always on duty 9. Every officer of the Commission shall, for the purposes of this Act, be deemed to be always on duty when required to perform the duties or functions and can perform the functions and duties or exercise of the powers conferred upon it under this Act or under any other written law in any place within or outside Malaysia.


Any officer of the Commission 10. (1) in addition to, and without prejudice to, powers, duties and functions conferred under this Act — (a) an officer of the Commission shall have, for the purposes of this Act, all the powers and immunities of a police officer appointed under the Police Act 1967 [Act 344]; and (b) an officer low Commission shall have, for the purposes of this Act, all the powers and immunities of an officer below the rank of Sergeant and prison is lower under the Prison Act 1995 [Act 537] when bringing and keeping a person in detention Commission and powers and immunities of a police officer below the rank of sergeant or lower appointed under the Police Act 1967.

(2) without prejudice to the generality of subsection (1) — the Malaysian anti-corruption Commission 23

(a) an officer of the Commission and Superintendent rank higher shall have all the powers of a police officer below the rank of Assistant Superintendent of police and higher; and (b) a Chief Senior Assistant Superintendent, Senior Assistant Superintendent and Assistant Superintendent of the Commission shall have all the powers of a police officer below the rank of Inspector and higher.

(3) if within any investigations or proceedings in the Court in respect of the Commission of an offence under this Act by any person, terzahir an offence under any other written law, which is not an offence under this Act, regardless of whether the offence committed by the same person or any other person, the Commission's officer in charge of the investigation or the proceedings , as the case may be, shall inform the public prosecutor or officer Commission Commissioner rank or higher who may issue such directions as he thinks fit.

(4) for the purposes of this Act — (a) If an order, certificate or any other Act required in order given, issued or made by a District Police officer under any law, order, certificate or the Act may be given, issued or made by a senior officer of the Commission, and for the purpose, place an order, certificate or the Act given, issued or shall be deemed to be the District Police under its custody;

(b) an officer of the Commission shall have all the powers granted to an officer guardian police station under any written law, and for that purpose the Office of the officer shall be deemed to be the police station.
24 laws of Malaysia ACT 694 (5) for the avoidance of doubt, it is declared that for the purposes of this Act, an officer of the Commission shall have all the powers of a police officer regardless of meteoric as provided under the criminal procedure code [Act 593] and Act registration of Criminals and those Unwanted 1969 [Act 7] and that power is in addition to the powers assigned under this Act and not pengurangannya But if there is any inconsistency or conflict between the provisions of this Act with the provisions of the criminal procedure code, the provisions of this Act shall prevail over the provisions of the Code.


Officers of the Commission 11. (1) be the duty of the Chief Commissioner and Commission officials to carry out their functions as specified in section 7.

(2) the Chief Commissioner shall make an annual report on the activities of the Special Committee to the Commission on corruption.


Fixed order 12. The Chief Commissioner may issue administrative orders called "Standing Orders", which in accordance with the provisions of this Act concerning the General control, training, duties and responsibilities of officers and officers of lower Commission, and for such other matters as are necessary or expedient for the better administration of the Commission or to prevent abuse of power or neglect of duty, and in General to ensure that the Commission is functioning efficiently and effectively.






Malaysian anti-corruption Commission 25 PART III PROVISIONS on the ADVISORY BOARD, a SPECIAL COMMITTEE and COMPLAINTS COMMITTEES Anti-corruption Advisory Board 13. (1) the Commission shall be advised by an Advisory Board which shall be known as Anti-corruption Advisory Board.

(2) the Advisory Board shall consist of — (a) at least seven members who shall be appointed by the Yang di-Pertuan Agong on the advice of the Prime Minister; and (b) the Chief Commissioner as a member ex-officio.
(3) members who are appointed by the Yang di-Pertuan Agong shall be people with integrity who have performed distinguished public service or have achieved excellence in the profession.

(4) the term of Office of members appointed by the Yang di-Pertuan Agong is three years and the Member may not hold office for more than two terms, whether continuously or otherwise.

(5) the Advisory Board shall have the following functions: (a) to advise the Commission on any aspect of the problem of corruption in Malaysia;

(b) to advise the Commission on policy and strategy of the Commission in its efforts to combat corruption;

26 laws of Malaysia ACT 694 (c) to receive, examine and endorse or recommendations of the Commission towards travel and efficient Commission;

(d) to review and endorse or resource requirements the Commission to ensure its effectiveness;

(e) to review the annual report of the Commission before submission to the Special Committee on corruption; and (f) to submit a review about the exercise by the Commission are its functions under this Act to the Special Committee on corruption.


Special Committee on corruption 14. (1) there shall be a Committee to be known as the Special Committee on corruption which shall have the following functions: (a) to advise the Prime Minister on any aspect of the problem of corruption in Malaysia;

(b) to examine the Commission's annual report;
(c) to examine the Anti-corruption Advisory Board reviews about conduct by the Commission are its functions under this Act; and (d) to seek clarification and information on the annual report of the Commission and Anti-corruption Advisory Board reviews.

(2) the Special Committee shall consist of seven members, who shall be appointed by the Yang di-Pertuan Agong, and they shall be elected from amongst the members of the Dewan Negara and Dewan Rakyat both, and none of whom are members of the administration.
Malaysian anti-corruption Commission 27 (3) of the members to be appointed under subsection (2) shall be members of the Senate and House of representatives nominated by the head of The House of Commons.

(4) the term of Office of Special Committee members is three years but a member may not hold office for more than two terms, whether continuously or otherwise.

(5) the Special Committee shall make an annual report on the discharge of its functions to the Prime Minister who shall present a copy of the annual report in front of each Parliament.


The Complaints Committee 15. (1) there shall be a Committee of complaints shall be

have the following functions: (a) to monitor the conduct of the Commission complaints about misconduct that is not a crime against an officer of the Commission; and (b) to identify any weaknesses in the procedures the Commission may raise a complaint and if it thinks fit to make any recommendation about the Commission's procedures as he may deem fit.

(2) the Minister may appoint not more than five persons, as he thinks fit and proper, to become members of the Committee complaints.








28 laws of Malaysia ACT 694 PART IV OFFENCES and PENALTIES Offences receive feeds 16. Any person who himself or through or in conjunction with any other person — (a) in bribes asking for or accepting or agreeing to accept for himself or for any other person; or (b) in corruption give, promise or offer to any person, whether for the benefit of that person or for the benefit of another person, any feed as impetus for or wages for, or otherwise by reason of — (A) any person doing or not doing anything in respect of any matter or transaction, whether actual or proposed or is likely to occur; or (B) any officer of a public body is doing or not doing anything in respect of any matter or transaction, whether actual or proposed or that may occur, which the public body involved, commits an offence.


Offence to give or receive feeds by agent 17. A person guilty of an offence if — (a) as an agent, he has menyetuju received or obtained bribes, or agree to menyetuju thank the Malaysian anti-corruption Commission 29 or try to obtain, from any person, for himself or for any other person, any feed as an inducement or wages for doing or not doing, or because it was doing or not doing, any act relating to the affairs or business principals , or for providing or not providing the support or resistance to any person in relation to the affairs or business principals; or (b) he gives or agrees to give or offer any feeds to any agent as an inducement or wages for doing or not doing, or because it was doing or not doing any act relating to the affairs or business principals, or to provide or not provide support or resistance to any person in relation to the affairs or business principals.


Offence with intent to deceive his principal by Agent 18. A person commits an offence if he or she giving a person an agent, or as an agent he uses, with the intention to be deceiving their principal, any receipt, account or other document in respect of which the principal has an interest, and he has reason to believe contains any statement which is false or erroneous or incomplete as to any material details, and is meant to mislead their principal.





30 laws of Malaysia ACT 694 recipients or feed provider commits an offence irrespective of the purpose was not performed or the matter is not related to the affairs or business principal 19. (1) where in any proceedings against any of its agents for any offence under paragraph 17 (a) it is proved that he has in corruption menyetuju ask, receive, acquire or agree to menyetuju receive or attempt to obtain any feed, even though he has reason to believe or suspect that the feed has been requested or offered as an inducement or wages so that he do or not do any act or that he provide or not provide any support or resistance to any person in relation to the affairs or business principals, the agent commits an offence under paragraph that even if — (a) he did not have the power, right or the opportunity to do so, such as to give or not to give such;

(b) he has received the feed without the intention to do so, such as to give or not to give such;

(c) he has not in fact do so, provide such or such do not give;
or (d) Act, support or opposition that there is no contact with Affairs or business principals.

(2) where in any proceedings against any person for any offence under paragraph 17 (b) it is proved that he already be corruption give, agree to provide, or offer any feeds to any agent as an inducement or wages for doing or not doing any act or to provide or not provide any support or resistance to any person because he has reason to believe or suspect that the Malaysian anti-corruption Commission 31 that the agent has the power , the right or the opportunity to do so or to provide such or does not give such and that Act, support or resistance that is in relation to the affairs or business principals, he commits an offence under paragraph that even if the agent does not have the power, right or opportunity or that Act, support or opposition that there is no contact with Affairs or business principals.


In bribery to obtain withdrawal of the tender 20. A person — (a) who, with intent to obtain a contract from any public body to carry out any work, provide any service, do nothing, or supplies any article, material or substance, offer any feeds to any person who has made a tender to get the contract, as an inducement or wages for that person to withdraw the tendernya; or (b) requesting or receiving any feed as an inducement or wages for him to withdraw a tender made by him to get the contract, commits an offence.


Penyogokan officer of the public body 21. Any person who offers to an officer of any public body, or, as an officer of any public body, ask for, or receive, any feed as an inducement or wages so that —


(a) the officer to vote or not vote at any meeting of the public body for support or 32 laws of Malaysia ACT 694 against any step, resolution or question submitted to the public body;

(b) the officer performing or not performing or assisting in obtaining, the successful, delay, thwart or obstruct implementation, any official acts;

(c) the officer assists in obtaining or preventing's letter of any votes or the provision of any contract or benefits to any person; or (d) the officer to provide or not provide any support or resistance on its properties as such officer, commits an offence, even if the officer does not have the power, right or the opportunity to do so, such as to give or not to give such, or receive the feeds without the intention to do so, such as to give or not to give such , or was not actually do so, provide such or such do not give, or even encouragement or wages that do not have relations with the Affairs of the public body.


Penyogokan of foreign public officer 22. Any person who himself or through or in conjunction with any other person gives, promises or offers, or agrees to give or offer, to any public officer, foreign or as an officer of the foreign public, ask, menyetuju receive or obtain, or agree to receive menyetuju or attempting to acquire, whether for the benefit of the foreign public officer or other person, any feed as an inducement or wages so that , or because of — (a) the foreign public officer uses to influence any act or decision of the Malaysian anti-corruption Commission 33 foreign countries or international organizations for which such officer public perform any official functions;

(b) foreign public officials that implement it, have done it or not to do, or refrain from performing or assisting in obtaining, the successful, delay, thwart or obstruct implementation of, any public duty; or (c) the public officials to get foreign help or hinder the granting of any contract for the benefit of any person, commits an offence, even if the foreign public officer does not have the power, right or the opportunity to do so, such as to give or not to give such, or receive the feeds without the intention to do so, such as to give or not to give such , or was not actually do so, provide such or such do not give, or even encouragement or wages that do not have relations with the scope of his official duties.


Error using Office or position to feed 23. (1) any officer of the public body that uses the Office or position for any feed, either for himself, his brother or its affiliates, commits an offence.

(2) for the purposes of subsection (1), an officer of the public body shall be deemed, until the contrary is proved, akasnya, has used Office or position for any feed, either for himself, his brother or his associates, when he makes any decision, or to take such action, in relation to any matter with which such officer, or any brother or its affiliates, has an interest, whether directly or indirectly.

34 the laws of Malaysia ACT 694 (3) for the avoidance of doubt, it is declared that, for the purposes of subsection (1), any member of the administration of a State shall be deemed to have used the Office or position to feed if he acts contrary to subsection 2 (8) the Eighth Schedule to the Constitution or equivalent provisions in the Constitution or the laws of the State Body.

(4) this section shall not apply to an officer who holds a position in a public body as a representative of a public body that has the control or partial control on a public body is first mentioned in respect of any matter or thing done on its properties such as a representative for the interests or benefits of the public body the other.


Penalties for offences under sections 16, 17, 18, 20, 21, 22 and 23 24. (1) any person who commits an offence under section 16, 17, 20, 21, 22 and 23 shall on conviction be — (a) to imprisonment for a term not exceeding twenty years; and (b) a fine not less than five times the amount or value of the feed be matter that offence if the feed can be evaluated or monetary, or ten thousand dollars, whichever is higher.

(2) any person who commits an offence under section 18 shall on conviction be — (a) to imprisonment for a term not exceeding twenty years; and (b) a fine not less than five times the amount or value of the material details the false or erroneous material particulars which the if is false or wrong that can be measured or in the form of the Malaysian anti-corruption Commission 35 money, or ten thousand dollars, whichever is higher.


Obligation to report transactions penyogokan 25. (1) any person who is given, promised, or offered, any feeds in contravention of any provision of this Act shall report the granting, promise or offer that, together with the name, if known, the person who gives, promises or offers the feed to it to an officer of the Commission or the nearest 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 both.

(3) any person from whom a feed has been requested or obtained, or an attempt was made to obtain the feed, in contravention of any provision of this Act, shall be as early as possible after the report request or procurement, or attempts to obtain the feed, along with a description that is complete and true and, if known, the name of the person who asks for, or obtain, or attempt to acquire, feed them to the Commission's officer or police officer that is closest.

(4) any person who is not, without reasonable grounds,

in compliance with subsection (3) commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or both of each.





36 laws of Malaysia ACT 694 Dealing about, use, holding, receiving or concealing feed or interest in relation to any offence 26. Any person who, whether within or outside Malaysia, either directly or indirectly, whether on behalf of itself or on behalf of any other person, make or cause to be made any arrangements in relation to any property, or otherwise use or cause to be used, or holding, receiving or concealing any property or any part thereof which become matter of an offence under section 16 , 17, 18, 20, 21, 22 or 23 commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding seven years or second-of each.


The making of a statement that is false or intended to mislead, etc., to the Commission or the public prosecutor 27. (1) if any person makes or causes any other person to make the Commission an officer or public prosecutor, while the officer or Prosecutor exercising any of the powers conferred by this Act, any statement known to the person making the statement, or causes the statement was made — (a) is false or intended to confuse; or (b) not in accordance with any other statement made previously by that person to any person having authority or wenang under any law, or otherwise, to accept, or require that other statement is made, regardless of whether or not the person making the statement has any obligation at law or other obligation to state the truth the Malaysian anti-corruption Commission 37 he 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 both.

(2) if any person who has made a statement to an officer of the Commission or to the public prosecutor, while the officer or Prosecutor exercising any of the powers conferred by this Act, which would make any statement to any person having authority or wenang under any law, or otherwise, to accept, or require to be made, the other statement, regardless of whether or not the person who made that statement under no obligation in law or other obligation to State the truth, he, if the other statement is not consistent with any previous statement made to an officer of the Commission or the public prosecutor, 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 both.

(3) for the avoidance of doubt, it is declared that for the purposes of paragraph (1) (b) and subsection (2), any statement made in any legal proceedings before any court, whether civil or criminal, or any statement made by any person in any disciplinary proceedings, whether legal proceedings or disciplinary proceeding is on the person making the statement or to any other person , shall be deemed to be a statement made to a person having authority or wenang under the law to receive such statement made.


Trial, Setup, abetment and conspiracy crime punishable as offences 28. (1) any person who — (a) attempting to commit any offence under this Act;
38 the laws of Malaysia ACT 694 (b) commits any act in preparation of the offence or to help the Commission of any offence under this Act; or (c) aiding and abetting, or involved in criminal conspiracy to commit any offence under this Act, commits an offence and shall on conviction be liable to the same sentence as provided for the offence.

(2) any provision of this Act that contains a reference to an offence under any of the specific provisions of this Act shall be read as including a reference to an offence under subsection (1) in relation to an offence under the provisions of the specific.

(3) paragraph (1) (a) does not apply if an attempt to commit any Act expressly makes it an offence under this Act, and paragraph (1) (c) does not apply in the case of an abetment of an offence as provided under section 164 of the Penal Code.


Part V investigation, EXAMINATION and SEARCH, SEIZURE and ARREST Powers to investigate complaints and information 29. (1) every complaint relating to the Commission of an offence under this Act may be made orally or in writing to an officer of the Commission, and if made orally, the complaint shall be reduced into writing and read over to the person making the complaint; and every complaint, whether in writing or reduced to writing, shall be signed by the person making the complaint.

Malaysian anti-corruption Commission 39 (2) every complaint, either in writing or reduced to writing, shall be entered in a book kept at the Office of the Commission and shall be attached to the record of the date and time the complaint is made.

(3) where a Commission officer has reason to suspect the Commission of an offence under this Act following a complaint made under subsection (1) or otherwise information received by him, he shall cause an investigation to be made and for that purpose may exercise all the powers of investigation provided for under this Act and the criminal procedure code.

(4) a complaint made under subsection (1) shall be kept confidential and shall not be disclosed by any person to any person other than an officer of the Commission and the public prosecutor until the accused person is charged with in Court of an offence under this Act or any other written law arising from the complaint, unless the disclosure is made with the consent of the public prosecutor or

an officer of the Commission and Commissioner rank higher.

(5) a copy, certified by an officer of the Commission and Superintendent rank higher for entry under subsection (2) of a complaint under subsection (1) is admissible as evidence of the original content of the complaint and the time, place and manner of the complaint is recorded.


The authority to examine people 30. (1) an officer of the Commission investigating an offence under this Act shall be — (a) order any person so to appear before it for the purpose to be examined orally in relation to any matter which may be, in his opinion, assist in the investigation of the offence;
40 laws of Malaysia ACT 694 (b) order any person to produce before it any books, documents, records, accounts or computer data, or any copy of the diperakuinya, or any other thing that may be, in his opinion, assist in the investigation of the offence, the period of time specified by the officer;

(c) by written notice direct any person to provide a written statement made by oath or pledge stating therein all information required under the notice, that is to say information that, in the opinion of the officer, will help in the investigation of the offence, within the period specified by the officer; and (d) order any person so to appear before it for the purpose of handwriting samples taken or samples of his voice.

(2) paragraph (1) (b) shall apply to the banker's book.

(3) a person who has been granted an order under paragraph (1) (a) shall — (a) be present in accordance with the terms of the order for inspection, and shall continue to be absent from day to day if directed until inspection is completed; and (b) during the examination, revealing the information he knows, or available to it, in respect of matters related to it he examined, and answered correctly and as far as he knew and believed any questions posed to him, and cannot refuse to answer any question on the ground that the answers can demonstrate that he or his wife or her husband guilty.

(4) a person who has been granted an order under paragraph (1) (b) cannot be concealed, destroyed, Malaysian anti-corruption Commission 41 change, moving from Malaysia, or make arrangements about, use, or dispose of, any books, documents, records, accounts or computer data, or thing specified in the order, or alter or disfigure any post in any books, documents, records, accounts or data on that computer , or cause the act done, or help or plotting to commit the Act.

(5) a person who has given a notice under paragraph (1) (c) shall, in his statement, provide and disclose with actually all the information required under the notice which he knows or available to it, and may not refuse to provide or disclose such information on the ground that the information can show that he or his wife or her husband guilty.

(6) a person who has been granted an order or notice under subsection (1) shall comply with the order or the notice, and subsection (3), (4) and (5), notwithstanding any law or pillars of law to the contrary.

(7) if any person to disclose any information or produce any books, documents, records, accounts or computer data or goods pursuant to subsection (1), (3) and (5), good person who first mentioned nor any other person on his behalf or on the instructions of or as an agent or employees people who first referred to the Act cannot, by reason of the disclosure or production of the , be liable to any prosecution, except for prosecution for offences under section 27, for any offence under or by virtue of any written law, or liable to any proceedings or claims by any person under or by virtue of any written law or under or by virtue of any contract, agreement or arrangement, or otherwise.

(8) an officer of the Commission examining a person under paragraph (1) (a) shall record in writing any statement made by that person and a statement recorded such shall be read over to and signed by that person, and if that person refuses to 42 laws of Malaysia ACT 694 signed the record, the officer shall be recorded on the record under his hand the fact such refusal and reasons , if any, specified by the person who inspected it.

(9) Records an inspection under paragraph (1) (a), or a written statement with the vow or pledge made pursuant to paragraph (1) (c), or any books, documents, records, accounts or computer data, or goods presented under paragraph (1) (b) or otherwise during the examination under paragraph (1) (a), or under a written statement with the vow or pledge made pursuant to paragraph (1) (c) , or record of inspection of samples taken under paragraph (1) (d) shall, notwithstanding any law or pillars of law to the contrary, admissible in evidence in any proceedings in any court — (a) for an offence under this Act;
(b) for the forfeiture of property under section 40 or 41, irrespective of whether the proceedings are against the person examined, or produce books, documents, records, accounts or computer data, or goods, or making a written statement with the vow or pledge, or against any other person.

(10) any person who contravenes this section commits an offence.


Power to inspect and search and seize 31. (1) when it appears at the public prosecutor or an officer of the Commission who holds the rank of Chief Senior Assistant Commissioner or higher authorized by the public prosecutor, based on the information, and after such inquiry as he thinks necessary, that there is reasonable cause to suspect that in any place there is any evidence as to the Commission of an offence under this Act, he may be the Malaysian anti-corruption Commission 43 by order in writing direct an officer Commission so that —


(a) enter any premises and there find, seize and take possession of any books, documents, records, accounts or data, or other goods;

(b) examine, make copies of, or take extracts from, any books, documents, records, accounts or data;

(c) examine any person that is in or on the premises, and for the purposes of the examination of the person detained and transfer them to any place as may be necessary to facilitate such examination, and seize and detain any article found on that person;

(d) broke open, examine and search any article, container or vessel under; or (e) stop, search and seize any carrier.

(2) when required to do so, an officer of the Commission exercising any power under subsection (1) may — (a) break open any door or window or in any premises and enters into it, or otherwise in with violence into the premises and every part thereof;

(b) remove by force any barriers to entry, search, seizure or the transfer as he is empowered to carry it out; or (c) detain any person found in or on any premises, or in any of the 44 laws of Malaysia ACT 694 carrier, which searched under subsection (1) until the completion of the premises searched or carrier.

(3) when it was found by an officer of the Commission that there is reasonable cause to suspect that there are hidden or stored in any place any evidence of the Commission of any offence under this Act and the officer has reason to believe that by reason of the delay in obtaining a written order of the public prosecutor or an officer of the Commission who holds the rank of Chief Senior Assistant Commissioner under subsection (1) objective search may terkecewa, he can run, on and in respect of the place, all the powers referred to in subsection (1) and (2) as if he had been directed to do so by an order issued under subsection (1).

(4) No person shall be searched under this section except by a person of the same gender was with the person who inspected.


Translation of 32. (1) where an officer Commission found, seize, detain or take possession of any books, documents or records in the exercise of any power under this Act, and books, documents or records or any part thereof is in a language other than the national language or in English, or in any signal or code, the officer may require the person in possession, care or control of the book or document so as to give the officer the national language translation for book , document or the record within which, in the opinion of the officer, reasonable after taking into account the length of the books, documents or records, or the circumstances related to it.

(2) No person shall with disedarinya provide translations under subsection (1) that is not correct, accurate and Malaysian anti-corruption Commission 45 right, or with disedarinya make a translation under that subsection that are not correct, accurate and true.

(3) where the person required to provide a translation under subsection (1) is not the person suspected of having committed offences being investigated it, the Commission may reimburse that person for any reasonable expenses which have been made by him at provide the translation.


Seizure of movable property 33. (1) during the investigation of an offence under this Act any movable property, that any officers below the rank of Assistant Superintendent or higher have reason to suspect that become matter an offence or evidence relating to the offence, can be seized.

(2) a list of movable property seized pursuant to subsection (1) and place the respective asset is found shall be prepared by the Commission's officer executing the seizure and signed by him.

(3) a copy of the list referred to in subsection (2) shall be delivered as soon as possible on the property owner or person from whom the property is seized.

(4) where any movable property which may be seized under subsection (2) is in the possession, custody or control of a bank, subsection (1), (2) and (3) does not apply to him and the provisions of section 37 shall apply to him.


Further provisions relating to the seizure of movable property 34. (1) where any movable property seized under this Act, the seizure shall be carried out by transferring the property from the possession, custody or control of the person from whom the property is seized and put it under the care of any person or 46 laws of Malaysia ACT 694 authority and at any place as shall be determined by a Commission officer who holds the rank of Assistant Superintendent or higher.

(2) if it is not practicable, or otherwise inappropriate, to carry out the transfer of any movable property under subsection (1), the officer referred to in subsection could be leaving it at the premises of public property is seized under the care of any person who ditugaskannya for that purpose.

(3) Notwithstanding subsection (1), if any movable property, including any movable property referred to in subsection (6), have been seized under this Act, an officer of the Commission who holds the rank of Superintendent or higher, other than the officer executing the seizure, may in its absolute discretion: (a) return a temporary movable property to the owner, or to the person of the possession, custody or control of the property seized , or to any person who is entitled to it, subject to any terms and conditions imposed, subject, however, to the provision of sufficient guarantees to ensure that movable property be deposited when a claim is made by an officer that allows the emission and that the terms and conditions, if any, will be applied; or (b) return the movable property to the owner, or to the person of the possession, custody or control of the property seized, or to any person who is entitled to it, giving freedom to the person to whom the property is returned in such a way to dispose of the property, and the return are made subject to the granting of a guarantee that lesser amount not less than the amount that is the open market value of the property on the date the property is returned.


(4) If any person to whom movable returned temporarily under paragraph (3) (a) does not deliver the Malaysian anti-corruption Commission property 47 the on demand or fails to comply with any term or condition imposed under paragraph that — (a) a guarantee given in respect of such property shall be forfeited; and (b) the person is guilty of an offence and shall on conviction be liable to a fine of not less than twice the amount of the guarantee given by him, and can be imprisoned for a term not exceeding two years.

(5) If an order of forfeiture made by the Court in respect of a property that is returned under paragraph (3) (b), the forfeiture shall be executed with the melucuthakkan guarantee given by the person to whom the property is returned.

(6) if any movable property seized under this Act consists of money, securities, shares, stock, debentures or any right in the action, which is in its possession or under his custody or control of any person other than the person against whom the prosecution will be made, seizure shall be carried out by an officer of the Commission who holds the rank of Assistant Superintendent or higher that deliver on that person an order of — (a) prohibiting the person using , transfer, or make arrangements about the property; or (b) require the person submitting the property to a Commission Officer Assistant Superintendent rank or higher in the manner and within the time specified in the order.

(7) if any movable property seized is a simple decay or become damaged, or the property that cannot be maintained without difficulty, or that are not practical for maintained and cannot be dealt with under subsection (3), an officer of the Commission who holds the rank of Superintendent or higher can sell or cause to be sold the property and shall hold 48 laws of Malaysia ACT 694 the sale proceeds of which, after deducting costs and expenses maintenance and sale of such property, to await the results of any proceedings under this Act.


Investigation of share account, purchase, etc.

35. (1) Notwithstanding the provisions of any other written law or any of the tenets of the law, the public prosecutor, or an officer of the Commission or Commissioner rank higher authorized by the public prosecutor, if he is satisfied that it is necessary for the purposes of any investigation of an offence under this Act, may authorize in writing an officer of the Commission to carry out in connection with any bank specified in the authorisation the investigation all the powers specified in subsection (2).

(2) an officer of the Commission authorized under subsection (1) may, in relation to a bank in respect of which he is given such power — (a) examine and take copies of any book bank, bank account or any documents that belong to or have in possession, custody or control of the bank;

(b) examine and take copies of any share account, purchase account, expense account or any other accounts belonging to any person stored in the bank;

(c) examine the contents of any box keep safe in the bank; or (d) requesting any other information relating to any such document, account or goods referred to in paragraph (a), (b) and (c).

(3) Notwithstanding anything in subsection (2), an officer of the Commission authorized under subsection (1) the Malaysian anti-corruption Commission 49 can take possession of any books, documents, accounts, ownership, securities or cash that she had access to him under that subsection if, in the opinion of the officer — (a) its inspection, penyalinannya, or taking extracts therefrom, cannot be reasonably made without taking his possession;

(b) it may be interrupted or destroyed unless he takes his possession; or (c) it may be required as evidence in any prosecution for an offence under this Act or any other written law.

(4) any person who willfully not or refused to disclose any information or produce any document or account, goods referred to in subsection (2) of the Commission's officer authorized under subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.

(5) If any person to disclose any information or produce any document or account or items to an authorized officer of the Commission, both the person who first mentioned nor any other person on his behalf or on the instructions of or as an agent or employees people who first referred to the Act cannot, by reason of the disclosure or production of it, be liable to any prosecution , except in a prosecution for an offence under section 27, for any offence under or by virtue of any law, or 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.




50 laws of Malaysia ACT 694 power to obtain information 36. (1) Notwithstanding any law or pillars of law to the contrary, an officer of the Commission and Commissioner rank higher, if he has reason to believe, based on surveys conducted by an officer of the Commission, that any property 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 provide a written statement with the vow or pledge — (i) that identifies every property , whether movable or immovable, whether within or outside Malaysia, which owned or possessed by it, or with which he has any interest, either in law or equity, and stating the date of each property is obtained and the manner in which it is acquired, either by way of the transaction, bekues, protect, inheritance, or any other means;

(ii) that identifies every property sent out of Malaysia by him within the period specified in the notice;


(iii) stating the estimated value of the home and place of each property identified under subparagraph (i) and (ii), and if any property could not be known to seat, the reason why;

(iv) stating in respect of each property identified under subparagraph (i) and (ii) whether such property held by him or by any other person on his behalf, whether the property has been transferred ownership, sold to or stored by any person, whether such property has been Malaysian anti-corruption Commission 51 fell down since he memperolehnya, and whether it has blend in with other property which cannot be separated or divided without difficulty;

(v) says all other information relating to his property, his business, his travels, or other kegiatan-kegiatannya as may be specified in the notice; and (vi) stating all sources of income, proceeds or assets;

(b) require any relative or associate the person referred to in paragraph (1) (a), or any other person the Commissioner rank officers and higher has reason to believe could aid in the investigation, to provide a written statement with the vow or pledge — (i) that identifies every property, whether movable or immovable, whether within or outside Malaysia which is owned or owned by it , or with which the person has any interest, either in law or equity, and stating the date of each property is obtained and the manner in which it is acquired, either by way of the transaction, bekues, protect, inheritance, or any other means;

(ii) that identifies every property sent out of Malaysia by him within the period specified in the notice;

(iii) stating the estimated value of the home and place of each property identified under subparagraph (i) and (ii), and if any property could not be known to seat, the reason why;

52 laws of Malaysia ACT 694 (iv) stating in respect of each property identified under subparagraph (i) and (ii) whether such property held by him or by any other person on his behalf, whether the property has been transferred ownership, sold to or stored by any person, whether such property has declined in value since he memperolehnya, and whether it has blend in with other property which cannot be separated or divided without difficulty;

(v) says all other information relating to each property identified under subparagraph (i) and (ii), and business, travel, or other activities of such person; and (vi) stating all sources of income, earnings or assets of such person; and (c) require any officer of any bank or financial institution, or any person who in any way or up to any extent responsible for the management and control of the Affairs of any bank or any financial institution, to provide a copy of any or all accounts, documents and records relating to any person to whom the notice issued under paragraph (a) or (b).

(2) every person to whom the notice sent by the Commission's officer rank higher and the Commissioner under subsection (1) shall, notwithstanding any law or pillars of law to the contrary, to comply with the terms of the notice within the time specified in the notice, and any person who willfully ignore or do not comply with the terms of the notice commits an offence and shall on conviction be imprisonment for a term not exceeding five years and a fine not exceeding one hundred thousand ringgit.

Malaysian anti-corruption Commission 53 (3) where an officer of the Commission and Commissioner rank higher has reasonable grounds to believe that any officer of the public body to which the written notice referred to in subsection (1) have, own, control or hold any interest in any property that is worth doing well, having taken into account the present and emolumennya and all the circumstances related such officers may, by written instruction requires it give the statements with the vow or pledge explaining how he is able to have, own, control or hold the surplus and if he is unable to give a satisfactory explanation for the surplus, he commits an offence and shall on conviction be — (a) to imprisonment for a term not exceeding twenty years; and (b) a fine not less than five times the value of the surplus, the surplus can be evaluated if, or ten thousand dollars, whichever is higher.

(4) every person to whom a directive sent by an officer of the Commission and Commissioner rank higher under subsection (3) shall, notwithstanding any law or pillars of law to the contrary, abide by the instructions in the time specified in the instructions, and if such person willfully ignore or do not comply with the instructions that he commits an offence and shall on conviction be — (a) to imprisonment for a term not exceeding twenty years; and (b) a fine not less than five times the value of the surplus, the surplus can be evaluated if, or ten thousand dollars, whichever is higher.

(5) every person to whom notices or instructions sent by an officer of the Commission and Commissioner rank 54 laws of Malaysia ACT 694 higher under this section shall be bound to state the truth and shall disclose any information which he knows, or available to it or which can be obtained by him.

(6) if any person to disclose any information or produce any accounts, documents or records, as the answer for any notice under subsection (1), the person, his agents or employees, or any other person acting on his behalf or on the instructions, can not solely by reason of the disclosure or production of it, be liable to prosecution for any offence under or by virtue of any law, or any proceeding or claim by any person under or by virtue of any written law or under or by virtue of any contract, agreement or arrangement, or otherwise.


(7) Subsection (6) cannot be menggalang, prevent or prohibit commencement of any prosecution for such an offence — (a) as otherwise provided by this section;
(b) give false evidence relating to any statement with vow or pledge given to an officer of the Commission and Commissioner rank higher in accordance with this section; or (c) pursuant to section 27.

Instructions not to release, dealing about, movable in bank, etc.

37. (1) if the Prosecutor is satisfied based on information given to him by an officer of the Commission that any movable property, including any instrument or any increase in him, which becomes matter of an offence under this Act or evidence relating to the Commission of the offence, have in possession, custody or control of a Malaysian anti-corruption Commission 55 bank, he may, notwithstanding any other written law or pillars of the law , by order direct the bank to not let go of, dealing about, or otherwise dispose of the property or any part thereof until the order is revoked or changed.

(2) a bank or any of its agents or employees of a bank cannot, by reason of such compliance, be liable to any prosecution under or by virtue of any law or of any proceedings or claims by any person under or by virtue of any written law or under or by virtue of any contract, agreement, or arrangement, or otherwise.

(3) any person who fails to comply with an order of the public prosecutor under subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding double the amount paid in contravention of an order of the public prosecutor or fifty thousand dollars, whichever is the higher, and can be imprisoned for a term not exceeding two years.


Seizure of immovable property 38. (1) if the Prosecutor is satisfied based on information given to him by an officer of the Commission that any movable property is a matter of an offence under this Act or the evidence of the offence, the property can be seized, and seizure shall be executed — (a) by the issuance of a notice of Seizure by the Prosecutor stating details of immovable property seized that as far as he knows the details , and prohibits all Affairs of the immovable property;

(b) by posting a copy of the notice in two newspaper distributed in Malaysia, one in the national language and the other in English; and 56 laws of Malaysia ACT 694 (c) by delivering a copy of the notice on the land administrator or Registrar of titles, as the case may be, in Peninsular Malaysia, or Registrar of titles or collector of land revenue, as the case may be, in Sabah, or the Director of lands and surveys or the Registrar in charge of the land title, as the case may be, in Sarawak, for a is the location of the immovable property.

(2) the land administrator, collector of land revenue, the Director of lands and surveys, the Registrar or the Registrar in charge of the land title, as the case may be, referred to in subsection (1) shall immediately when delivered to him a notice of Seizure under subsection (1) the terms of the notice of Seizure recorded in a document of title in respect of the immovable property in the register in his Office.

(3) if the entry of a notice of Seizure has been made under subsection (2), the notice shall have the effect of prohibiting all affairs in respect of immovable property, and after the entry is made no arrangements with respect to immovable property that can be registered, regardless of whether they are executed before or after the issuance of the notice or the making of the record.

(4) subsection (3) does not apply to an arrangement effected by an officer of the public body on its properties as such officer, or otherwise by or on behalf of the Government of Malaysia or the Government of a State, or a local authority or other statutory bodies.

(5) any person who contravenes subsection (2) or (3) or do any act which produce, or result in, a breach of subsection (2) or (3) commits an offence and shall on conviction be liable to a fine not exceeding twice the value of the property in respect of which the order of the public prosecutor has been violated, or fifty thousand dollars, whichever is the higher, and can be imprisoned for a term not exceeding two years.

Malaysian anti-corruption Commission 57 (6) If a notice of Seizure has been issued under subsection (1), an offence for the owner of the registered immovable property seized under the notice, or for any other person having any interest on immovable property that, who know about the notice, make an agreement with disedarinya to any person to sell, transfer ownership , or otherwise dispose of or make arrangements about, the whole or any part of the immovable property.


Prohibition on the business of property outside Malaysia 39. If the Prosecutor is satisfied that any property is a matter of an offence under this Act or has been used in committing the offence, and the property is held or deposited outside Malaysia, he may make an application submitted by affidavit to a judge of the High Court to seek an order prohibiting the person who holds the property or that the property is deposited with it make arrangements about the property.


Forfeiture of property when the prosecution made for an offence 40. (1) in any prosecution for an offence under this Act, the Court shall make an order for the forfeiture of any property which proved to be matter of the offence or has been used in committing the offence if — (a) the offence has been proved against the accused; or (b) the offence is not proved against the accused, but the Court is satisfied — (i) that the accused is not a real and legitimate owner of the property; and 58 laws of Malaysia ACT 694 (ii) that no other person is entitled to such property as the buyer in good faith with valuable replies.

(2) if the offence is proved against the accused but the property referred to in subsection (1) has been disposed or was not able to

detected, the Court shall order that the accused pay, as a penalty, a sum of money equal to the amount of feed or which, in the opinion of the Court, is the value of feed received by the accused, and any such penalty shall can be retrieved as a penalty.


Forfeiture of property if there is no prosecution for an offence 41. (1) if in respect of any property seized under this Act No prosecution or conviction of an offence under this Act, the public prosecutor may, before the expiry of eighteen months from the date of the seizure, apply to a judge of the sessions Court to get an order for forfeiture of such property if he is satisfied that the property has been acquired as a result of or in connection with an offence under this Act.

(2) the judge to whom the application is made under subsection (1) shall cause a notice published in the Gazette to call any person who claims that he has an interest in the property in order to appear before the Court at a date specified in the notice, to show cause why such property should not be dilucuthakkan.

(3) if the judge to whom the application is made under subsection (1) is satisfied — (a) that the property is matter or has been used in committing an offence under this Act;
and (b) no purchase of good faith with valuable consideration in respect of the property, the Malaysian anti-corruption Commission 59 he shall make an order for the forfeiture of the property.

(4) property in respect of which no application is made under subsection (1) shall, upon the expiry of eighteen months from the date of its seizure, released to the person from whom the property is seized.


Make travel arrangements on the property after the seizure is invalid 42. (1) where any property seized under this Act, and subject to seizure is to take effect, any business undertaken by any person or between any person in respect of such property, except any business carried out under this Act or by virtue of this Act by an officer of a public body upon its properties as such officer, or otherwise by or on behalf of the Government of Malaysia or the Government of a State , or a local authority, or other statutory authority, is void, and will not be registered or otherwise given effect by any person or authority.

(2) subsection (1) is in addition to and does not reduce subsection 38 (3) and (4).

(3) as long as a seizure of any property under this Act in force, no action, suit or other proceeding of a civil can be started, or if it is pending immediately before the seizure, maintained or continued, in any court or before any other authority in respect of the property so seized, and no detention, execution or such processes can be started or, if any such process has not been completed before the seizure, maintained or continued, in respect of the property by reason of any claims, judgments or decrees, irrespective of whether the claim has been made or judgment or decree has been given before or after the seizure that exercised, except on the requirements of the Government of Malaysia or the Government of a State, or for the needs of a local authority or authorities 60 laws of Malaysia ACT 694 other statutory , or except with the prior written consent of the public prosecutor.


Power to intercept communication 43. (1) Notwithstanding the provisions of any other written law, the public prosecutor or an officer of the Commission or Commissioner rank higher authorized by the public prosecutor, if he is of the opinion that it may contain any information that is relevant for the purposes of any investigation of an offence under this Act, may, on the application of an officer of the Commission who holds the rank of Superintendent or higher , authorize any officer of the Commission — (a) to intercept, detain and open any article post within its delivery by post;

(b) to intercept any message sent or received by any telecommunication; or (c) to intercept, listen to and record any conversation through any telecommunications, and listen to the result of recording a conversation intercepted it.

(2) if any person charged with an offence under this Act, any information obtained by the Commission pursuant to subsection (1), whether before or after the person charged, shall be admissible as evidence in his trial.

(3) an authorization by the public prosecutor or an officer of the Commission or Commissioner rank higher authorized by the public prosecutor under subsection (1) may be given either orally or in writing; But if the oral authorization given, public prosecutor or officer of the Commission or Commissioner rank higher authorized by the public prosecutor shall, with the Malaysian anti-corruption Commission 61 as soon as practicable, alter authorisation it into writing.

(4) a certification by the public prosecutor or the Commission's officer rank higher or Commissioner authorized by the public prosecutor that stating that the action taken by an officer of the Commission pursuant to subsection (1) has been duly authorized by him under that subsection shall be conclusive evidence that such action has been given such power, and such certificate shall be received in evidence without proof of the signature of the Prosecutor or officer of the Commission or Commissioner rank higher given empowered by the public prosecutor.

(5) No person shall have a duty, obligation or liability of, or in any other manner may be forced to disclose in any proceeding procedure, rules, ways or roads, or any matter related to it, for anything done under paragraph (1) (a), (b) or (c).

(6) for the purposes of this section, "postal item" has the same meaning as in the Postal Services Act 1991 [Act 465].


Delivery of travel documents 44. (1) Notwithstanding any law to the contrary, the public prosecutor or an officer of the Commission or Commissioner rank higher authorized by the public prosecutor may, if he has reason to believe that

any person who is the subject of an investigation in respect of an offence under this Act has been committed by it suspected might leave Malaysia, by notice in writing require the person so submitting the certificate of identification, passport or permit them, or any other travel document in his possession.

(2) the notice under subsection (1) shall be communicated to self in person to whom it is addressed.

62 laws of Malaysia ACT 694 (3) a person to which a notice under subsection (1) to be served shall comply with the notice immediately, and if not he may be arrested and brought before a magistrate.

(4) If a person is brought before the Magistrate under subsection (3), the Magistrate shall, unless the person complies with the notice under subsection (1) or satisfy the Magistrate that he did not have travel documents, with mengkomitkannya warrants to jail — (a) until the expiry of fourteen days from the date of pengkomitannya; or (b) until he complies with the notice under subsection (1), whichever happens first.

(5) for the purposes of subsection (4), a certificate signed by the Prosecutor which means that the person already complies with the notice under subsection (1) shall be sufficient warrant for Prison Authorities release the person.

(6) no legal proceedings shall be instituted or maintained against the Government, an officer of the Commission, a public officer or any other person in respect of anything lawfully incurred under this section.


Power to amend or revoke any order or notice under this Act 45. (1) a Prosecutor or an officer of the Commission authorized by the public prosecutor may at any time amend or revoke any order or notice made or given by him in the exercise of any powers granted to the Prosecutor or the officer under this Act, but any such cancellation shall not be obstruction to manufacture any new order or the granting of a new notice in the exercise of that power or any other power of the Malaysian anti-corruption Commission 63 given to public prosecutor or the officer under this Act, at any time after that, to any person to whom the order or notice applies or in respect of any matter that is touched by the order or notice it.

(2) a revocation or amendment of an order or notice under subsection (1) may contain provisions in respect of any matter consequential, incidental or related to the cancellation or amendment of it.


Barrister and solicitor may be required to disclose information 46. (1) Notwithstanding any other written law, a judge of the High Court shall, on application made to him in connection with an investigation of any offence under this Act, order the person is a barrister and solicitor of the revealing of the information available to it with respect to any transaction or arrangement relating to any property which may be seized under this Act.

(2) no nothing in subsection (1) may require a person advocates and solicitors to comply with any order under that subsection to the extent that such compliance will reveal any information or protected communication to its knowledge for the purposes of any proceedings pending.


The obligation to provide information 47. Subject to any limitations provided under this Act, every person who is required by an officer of the Commission or a police officer to provide any information about any thing be the duty of such officer to investigate it under this Act and that the person 64 laws of Malaysia ACT 694 authorities give it away, shall be legally bound to give the information.


Hinder the investigation and search 48. Any person who — (a) refuses to give any officer of the Commission access to any premises, or not agreed to inspection by a person authorized to can inspect them under this Act;

(b) preventing mengamang menggalang or melengah-delay in the implementation of obligations Commission officer under this Act;

(c) fails to comply with any request, notice, order or requirement of a valid an officer Commission in the implementation of its obligations under this Act;

(d) No, refuse or ignore to give an officer of the Commission any information reasonably required of them and that he has the power to give it away;

(e) not submit to, or hide or attempt to hide from, an officer of the Commission any books, documents, or items, related to it that officers have reasonable grounds to suspect that an offence under this Act has been or is being done, or which may be seized under this Act;

(f) take back or trying to take back or taken back anything seized accordingly;

(g) destroy any article to prevent its seizure or detention of the thing; or the Malaysian anti-corruption Commission 65 (h) harassing, intimidating, threatening or flee or attempt to interfere with, intimidating, threatening or run any person involved in the investigation under this Act, commits an offence.


Offences under the Act an offence may arrest and any officer of the Commission in relation to the investigation of the 49. (1) every offence under this Act is guilty of an offence may arrest for the purpose of criminal procedure.

(2) every person arrested under subsection (1) may be discharged from custody — (a) when he deposited any reasonable sums of money as may be required by an officer of the Commission;

(b) when he execute a bond, with or without sureties as may be required by an officer of the Commission; or (c) when he deposited any reasonable sums of money as may be required by an officer of the Commission and he to execute a bond, with or without sureties as may be required by an officer of the Commission.

(3) any person who has been released from custody under subsection (2) may be caught again without a warrant by

any officer of the Commission — (a) if the officer has reasonable grounds to believe that any of the conditions which the subject him or such person has been discharged or otherwise allowed guaranteed has been or may be violated; or 66 laws of Malaysia ACT 694 (b) when notified in writing by the guarantor the person that the person may violate any condition which or who are subject to it that person has been released and that the guarantor is to be discharged from its obligations as guarantor.

(4) any person arrested under subsection (3) and not released shall, without unreasonable delay, and in any case within twenty-four hours (excluding time for any trip necessary) presented in front of the magistrate's Court and if found by the Court that any conditions upon or subject that person has been discharged or otherwise allowed guaranteed has been or may be violated , The Court may — (a) mereman the person in custody; or (b) allow the person guaranteed on the same or on other conditions as he may deem fit.

(5) If a person arrested because an offence under this Act is currently undergoing a sentence of imprisonment or is detained under any law relating to preventive detention, or otherwise are in custody, he shall be valid, when ordered in writing by an officer of the Commission who holds the rank of Superintendent or higher, posed in front of the officer or before any other officers of the Commission for the purpose of investigation , and for that purpose he may be placed in custody is valid for a period not exceeding fourteen days.

(6) any person detained in custody shall be valid under subsection (5) or otherwise under any other written law may, at any time, made available to an officer of the Commission for the purposes of an investigation, or may be brought to any other place for the purpose of search that place, or seizure of any property, or identification of any Malaysian anti-corruption Commission which 67 persons or for any other purpose relating to the investigation.

(7) the term of a person are valid in custody under subsection (6) shall be counted in computing the period of imprisonment, detention or custody of others.

(8) If a person has been arrested and allowed tied underwritten and guarantor fail to produce it or if the conditions upon or subject to him someone discharged is not complied with, the public prosecutor may apply to the Magistrate for an order of forfeiture amount of money has been deposited and the Court shall manage the application in accordance with section 404 criminal procedure code.


PART VI EVIDENCE Presumption in certain offences 50. (1) where in any proceedings against any person on an offence under sections 16, 17, 18, 20, 21, 22 or 23 is proved that such feed has been accepted or agreed to accept, is received or agreed to receive, is sought, obtained or requested, granted or agreed to be given, promised, or offered by or to the accused, that feed shall be deemed to have been accepted or agreed to accept , is received or agreed to receive, is sought, obtained or requested, granted or agreed to be given, promised or offered in corruption as an inducement or wages for or because the matters stated in the particulars of the offence, unless the akasnya proved.

(2) where in any proceedings against any person on any offence under section 161, 162, 163 or 164 of the Penal Code, it is proved that the person has 68 laws of Malaysia ACT 694 menyetuju receive or agree to receive, or menyetuju acquire or attempt to acquire any feed, such person shall be deemed to have done so as a motif or wages for the matters set out in the particulars of the offence , unless the akasnya proved.

(3) where in any proceedings against any person on any offence under section 165 of the Penal Code is proved that the person has been menyetuju receive or attempt to obtain any valuable objects without consideration or reward people that know not enough, such person shall be deemed to have done so by knowing the circumstances set out in the particulars of the offence, unless the akasnya proved.

(4) where in any proceedings against any person on an offence under paragraph 137 (1) (b) of the Customs Act 1967 is proved that any customs officer or other person employed accordingly for prevention of smuggling have been menyetuju receive, agrees to menyetuju receive or attempt to obtain any kickbacks, gratuity, consideration, or wages, officer or person shall be deemed to have been duly authorised to ignore or does not carry out its work as set out in the particulars of the offence , unless the akasnya proved.


Supporting evidence 51. In any proceedings against any person for an offence under this Act, may be proved that at or around the time of the alleged offence, or at any time thereafter, the accused, or any brother or its affiliates — (a) hold any property that it him, or brother or its affiliates, as the case may be, is unable to give a satisfactory explanation on how the property is get into ownership , possession, custody or control; the Malaysian anti-corruption Commission or 69 (b) was to make any arrangements for the acquisition of any property and he could not give a satisfactory explanation about the consideration for which the property will be obtained, and evidence related to it shall be deemed to support any evidence relating to the Commission of the offence.


The evidence of accomplices and agents of provocation, 52. (1) Notwithstanding any law or pillars of law to the contrary, in any proceedings against any person on any offence under this Act — (a) no witness can be regarded as accomplices solely because the witness has —


(i) the menyetuju accept, receive, acquire, ask, agreeable to menyetuju accept or receive, or attempt to obtain any feeds from any person;

(ii) give, promise, offer or agree to provide any feed; or (iii) was in any way involved in the Commission of the offence or know about the offence;

(b) no agent of the provocation, whether he is an officer of the Commission or not, may be considered unreliable alone-points because he has tried to commit, or aiding and abetting in, was an accomplice in or engaging in a conspiracy to commit the crime, the offence if the main purpose of testing, the participation or abetment is to obtain evidence against that person; and 70 laws of Malaysia ACT 694 (c) any statement, whether oral or in writing made to an agent of provocation by such person shall be admissible as evidence in his trial.

(2) Notwithstanding any law or pillars of law to the contrary, a conviction for any offence under this Act based solely on the evidence without the support of any accomplices or agents of provocation is not void and no such conviction may be set aside only because the Court that tried the case has not been mentioned in the reasons for his judgment the needs so as to remind him of the danger of making a conviction based on such evidence.


Admissibility of statements of the accused person is 53. (1) in any trial or investigation by a Court of an offence under this Act, any statement, whether the statement is about addressing to a confessions or not or orally or in writing, made at any time, whether before or after the person charged and either during investigation or not and whether or not wholly or partly in answer , by an accused person to or heard by any officer of the Commission, whether or not translated to him by any other officer of the Commission or any person, whether or not involved in the arrest of that person, shall, notwithstanding any law or pillars of law to the contrary, admissible in evidence in the trial of the person and, if the person submitting himself as a witness any such statement may be used in cross-examination and for the purpose of challenging credibility.

(2) no statement made under subsection (1) may be admitted or used as provided in that subsection if the making of the statement turned out to be on the Court has been caused by any inducement, threat or Malaysian anti-corruption Commission 71 promise relating to the charge against that person, that comes from people in authority and sufficient, in the opinion of the Court, to give that person the reason that in its opinion are reasonable to expect that by making the statement he will get any interest or
avoid any worldly comes in connection with proceedings against him.

(3) if any person arrested or informed that he may be prosecuted for any offence under this Act, shall be conveyed to him a written notice, which shall be explained to him, which means as follows: "you have been arrested/given that you might be prosecuted upon the ... (an offence under this Act that may be charged). Do you want to say anything? If there is any facts you want to use in the defense of you in court, you are advised that it is now. If you don't mention it until you go to court, the less possibility of evidence you will be reliable and will bring adverse effects to the case you generally. If you want to specify any fact now, and you want it written, this will be done. ".

(4) Notwithstanding subsection (3), any statement by any person accused of committing any offence under this Act made before there is time to serve notice under that subsection shall not be admissible as evidence simply because no such notice has been served on that person if such notices served on it as soon as reasonably possible after that.

(5) no statement made by an accused person in answering a written notice delivered to him pursuant to subsection (3) shall be construed as a statement that is caused by any inducement, threat or promise as described in subsection (2), if the statement was made otherwise voluntary.

72 the laws of Malaysia ACT 694 (6) where in any criminal proceedings against someone on an offence under this Act, evidence is given that the accused, when informed that he may be prosecuted for it, failed to declare any fact, namely the fact that in the circumstances prevailing at the time that he reasonably be expected to mention it when so informed, the Court, in determining whether the prosecution has already proved prima facie case against the accused and in determining whether the accused is guilty of the offence
charged with, can make any conclusions from the failure as in its opinion should be; and that failure can, based on the conclusions, considered, or as can be is about addressing to, support any evidence against the accused related to it that failure is a material thing.

(7) no nothing in subsection (6) may, in any criminal proceedings — (a) prejudice the admissibility as evidence of silence or any other reactions of the accused at the time anything is said to be in his presence in relation to conduct in respect of which he is charged, to the extent such evidence are acceptable other than by virtue of that subsection; or (b) is calculated as prevent the making of any conclusions from any silence or other reactions that can be made in addition to the accused by virtue of that subsection.


Admissibility of statements and documents of the person is dead or cannot be detected, etc.

54. Notwithstanding any other written law to the contrary, in any proceedings against any person on any offence under this Act — Malaysian anti-corruption Commission 73

(a) any statement made by any person to an officer of the Commission during an investigation under this Act; and (b) any document, or copies of any documents, seized from any person by an officer of the Commission in the exercise of its powers under this Act or by virtue of this Act, shall be admissible as evidence in any proceedings under this Act before any court, if the person making the statement or document or a copy of the document is dead, or could not be located or found , or are already a unable to give evidence, or that his presence could not be obtained without unnecessary delay or expense which in the opinion of the Court is not reasonable.


Acknowledgement of the position or positions held 55. (1) a certificate issued by a principal or an officer on behalf of the principals shall be admissible as evidence in any proceedings against any person for any offence under this act as prima facie evidence that the person named in the certificate — (a) has held the position, position or properties specified in the certificate and for the term specified; and (b) has received the emoluments specified in the certificate.

(2) a certificate issued under subsection (1) shall be prima facie evidence that the certificate has been issued by the person purporting to have been issued it as principal or on behalf of the principal without proof of the signature of the person issuing the certificate and without proof of the authority of such person to remove it.

74 laws of Malaysia ACT 694 Admissibility translation document 56. (1) where any document used in any proceedings against any person on any offence under this Act is in a language other than the national language or in English, the translation of the document in the national language or English shall be admissible in evidence if the translation is accompanied by a certificate of the person who translates the document stating that the translation is a true and accurate translation and the translation was made by that person on the requirements of the public prosecutor or an officer The Commission.

(2) subsection (1) shall apply to a document translated, regardless of whether the document was made in or outside Malaysia, or whether the translation was made in or outside Malaysia, or whether ownership of the document was obtained by the prosecution in or outside Malaysia.


Evidence about the prevalence of unacceptable 57. In any civil or criminal proceedings under this Act, evidence is not admissible to show that any of the feeds in this Act is a regular feature in any profession, trade, vocation or occupation or in any social ceremonies.

PART VII the PROSECUTION and TRIAL of OFFENCES for Prosecution offences 58. Prosecution of an offence under this Act shall not be instituted except by or with the consent of the public prosecutor.


Malaysian anti-corruption Commission 75 sessions court jurisdiction 59. Notwithstanding the provisions of the subordinate Courts Act 1948 [Act 92], a prosecution for an offence under this Act shall be commenced in the Court of Session.


Trial by the High Court with certification Prosecutor 60. (1) Notwithstanding section 417 criminal procedure and subject to subsection (5), the public prosecutor may in any particular case being tried in the sessions Court for an offence under this Act, issue a certificate specifying the High Court in which the proceedings are to be instituted or transferred and requiring that the person accused is due to present or presented before the High Court.

(2) the authority of the public prosecutor under subsection (1) shall be carried out by himself.

(3) the certificate of the Public Prosecutor issued under subsection (1) shall be submitted to the sessions Court and the sessions Court shall transfer the case to the High Court stated in the certificate and cause the accused person to appear or be brought before the High Court as soon as practicable.

(4) If the accused person to appear or be brought before the High Court in accordance with subsection (3), the High Court shall set a date for his trial to be held in accordance with the procedure under Chapter XX criminal procedure code.

(5) this section shall apply to all cases before the Court Session to try an offence under this Act, whether or not proceedings are instituted before or after the commencement of this Act, provided that the accused person is 76 laws of Malaysia ACT 694 not pleaded guilty and there is no evidence against him in connection with the case has been submitted.


Mergers offences 61. Notwithstanding anything contained in section 164 criminal procedure code, if a person is accused of committing more than one offence under this Act, he may be charged with and tried in a trial for any number of such offence is committed in any period of time.


A defence statement 62. When the submission of documents by the prosecution was conducted in accordance with section 51A criminal procedure code, the accused shall, before the beginning of the trial, submit the following documents to the prosecution: (a) a statement indicating the defense in general types of Defense and things about the prosecution objected to by the accused, saying the reason; and (b) a copy of any document to be submitted as part of the evidence for the defence.


Examination of the 63 offenders. (1) whenever two or more persons charged with an offence under this Act the Court may, upon application in writing Prosecutor, require one or more of them to give evidence as a witness for the prosecution.

(2) any person referred to in subsection (1) who refuses to make the oath or pledge to answer any legitimate question shall be dealt with according to the same way the Malaysian anti-corruption Commission 77 as such a witness who refused to be treated in law by the Court.

(3) every person who are required to give evidence under subsection (1), which, in the opinion of

the Court, to make a disclosure is true and full of all the things about it he examined with valid, shall be entitled to receive indemnity under the seal of the court stating that the person has made a true and full disclosure about all things about it he examined, and such certificate shall be the impedance for all legal proceedings against him in respect of all the thing.

(4) an application by the Prosecutor under subsection (1) may be submitted to the Court by the officer carrying out the prosecution.

PART VIII GENERAL Special Committee members shall not be members of the Advisory Board, etc.

64. (1) a member of the Special Committee on corruption should not be appointed as members of the Anti-corruption Advisory Board or to any other Committee established for the purposes of this Act, whether established under this Act, any regulations made under this Act or otherwise.

(2) a member of the Advisory Board shall not be appointed as members of the Special Committee on corruption or to any other Committee established for the purposes of this Act, whether established under this Act, any regulations made under this Act or otherwise.

(3) a member of any Committee established for the purposes of this Act, whether established under this Act, any 78 laws of Malaysia ACT 694 which regulations made under this Act or otherwise shall not be appointed as members of the Special Committee on corruption, a member of the Advisory Board or become members of any other Committee established for the purposes of this Act, whether established under this Act , any regulations made under this Act or otherwise.


The whistleblower protection and information 65. (1) subject to subsection (2), where any complaint made by an officer of the Commission states that the complaint is made arising from information received by the officer who made the complaint, the information referred to in the complaint and the identity of the person from whom the information received shall be secret between the officer who made the complaint to the person who gave the information, and everything contained in that information , the identity of the person who gave the information and all other circumstances relating to the information, including the information given, should not be disclosed or ordered or are required to be disclosed in any civil proceedings, criminal or other in any court, tribunal or other authority.

(2) where any books, papers or other document, or any Visual or sound recording, or article or other material given in evidence or may be inspected in any civil proceedings, criminal or other in any court, tribunal or other authority as is mentioned in subsection (1) contains any entries or else rename or describe or show any person that provides the information , or that may lead to the disclosure of its identity, the Court before which the proceeding is held shall cause all parts of the document, a recording, article or such materials or extracts it hidden from view or deleted or otherwise deleted to the extent necessary to protect the identity of the person from terzahir.

Malaysian anti-corruption Commission 79 (3) any person who gives information referred to in subsection (1), even though he knew that it was false information commits an offence and shall on conviction be imprisonment for a term not exceeding ten years, and can also be liable to a fine not exceeding one hundred thousand dollars; and for the purposes of any investigation or prosecution of any offence under this subsection, subsection (1) and (2) does not apply.


The liability for an offence outside Malaysia 66. (1) the provisions of this Act shall, in relation to a citizen and permanent resident of Malaysia, have effect outside and within Malaysia, and if an offence under this act committed in any place outside Malaysia by any citizen or permanent resident, he or she can be treated in respect of the offence as if the offence has been committed in any place in the country.

(2) any proceedings against any person under this section that would be obstruction of the proceedings later against that person for the same offence if the offence committed in Malaysia shall be the obstruction of further proceedings against him under any written law relating to the extradition of people, in respect of the same offence, outside Malaysia.


The application of the provisions of this Act for specified offences 67. Notwithstanding any other written law to the contrary, the provisions of this Act shall apply to an offence specified does not matter whether the prosecution or any other proceedings in respect of the offence instituted or taken by an officer of the Commission, or a police officer or customs officer, or any other officer who has the power to investigate, prosecute or take any proceedings in respect of the offence.


80 laws of Malaysia ACT 694 General Offences 68. Any person who fails to comply with any provision of this Act or any order, direction or notice issued by or on behalf of a court, public prosecutor, or an officer of the Commission in the exercise of its functions under this Act, commits an offence.


Penalties am 69. Every person who is convicted of an offence under this Act for which no penalties specifically provided for a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.


The power of the police officer under this Act 70. There is nothing contained in this Act can reduce power a police officer to investigate any offence under this Act and to prosecute any person in respect of any such offence, as long as the provisions of this Act are complied with.


Minister's power to make orders, rules and regulations and amend Table 71. (1) the Minister may, from time to time, by order published in the Gazette, designate any organization, Union, organization or body as a public body.


(2) the Minister may make regulations or rules for the implementation of the provisions of this Act with more, better and more convenient and, without prejudice to the generality of this provision, the Minister may make regulations or rules — Malaysian anti-corruption Commission 81 (a) in relation to any Board or Committee established under this Act;

(b) to make provision about the form of any notice, order, declaration or other matter under this Act; and (c) to provide for the delivery or service of any notice, order, instruction, direction, requirement or any other lawfully incurred under this Act.

(3) the Minister may, from time to time, by order published in the Gazette, amend the schedule.


Immunities 72. No action, suit, prosecution or any other proceedings may be taken, carried, started, or maintained in any court or before any authority of — (a) the Government of Malaysia;
(b) any officer or employee of the Government of Malaysia or the Commission;

(c) any member of the Advisory Board or the Special Committee or any other Committee established under or for the purposes of this Act;
or (d) any person lawfully acting on behalf of the Malaysian Government, Commission, officer or employee of the Government of Malaysia or of the Commission, for or because of, or in connection with, any act done or statement made or left than done or made, or purporting to be made or made to or left than done or made pursuant to or in 82 laws of Malaysia ACT 694 implement , or which means according to or perform this Act, or any written order, instruction, direction, notice or any thing produced under this Act: provided that the acts or statements is done or made, or left than done or made in good faith.
PART IX REPEAL and SAVING the abolishment of 73. Prevention of corruption Act 1997 repealed.

Saving of 74. (1) any act done or actions taken before this Act comes into force by an officer the anti-corruption agency established under the prevention of corruption Act 1997 shall be deemed to have been done or taken under this Act and therefore can be continued by the officer.

(2) any order made under section 60, prevention of corruption Act 1997 and in force immediately before this Act comes into force shall, when this Act comes into force, remain in force and may be cancelled or amended by this Act.

(3) the provisions of this Act in relation to solely with procedures and evidence shall apply to any offence against the law repealed under section 73 and provisions that can be used in any investigation pending and in any court proceedings initiated before or after this Act comes into force in respect of that offence.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Malaysian anti-corruption Commission 83 SCHEDULE [paragraphs 3 (a), the definition of "prescribed offence"] Offences punishable under section 161, 162, 163, 164, 165, 213, 214, 215, 384, 385, 386, 387, 388, 389, 403, 404, 405, 406, 407, 408, 409, 417, 418, 419, 420, 465, 466, 467, 468, 469, 471, 472, 473, 474, 475, 476 and 477A of the Penal Code.

84 laws of MALAYSIA Act 694 MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009 LIST AMENDMENT of laws that amend the short title effect from-No-85 laws of MALAYSIA Act 694 MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009 LIST SECTION AMENDED Section Power amend with effect from-no-