LAW OF MALAYSIA
Act 575
ANTI-CORRUPTION ACT 1997
An Act to establish the Anti-Corruption Agency, to make
further and better provisions for the prevention of
corruption  and for matters necessary thereto or
connected therewith.
BE IT ENACTED by the Seri Paduka Baginda Yang
di-Pertuan Agong with the advice and  consent of the
Dewan Negara and Dewan Rakyat in Parliament
assembled, and by the authority of the same, as follows:
PART I
PRELIMINARY
Section 1
This Act may be cited as the Anti-Corruption Act 1997 and shall come into force on
a date to be appointed by the Minister by notification in the Gazette.
Section 2
In this Act, unless the context otherwise requires "Agency" means the Anti-
Corruption Agency established under section 3; "agent" means any person employed by
or acting for another, and includes an officer of a public body or an officer serving in or
under any public body, a trustee, an administrator or executor of the estate of a deceased
person, a sub-contractor,  an any person employed by or acting for such trustee,
administrator or executor, or sub-contractor; "associate", in relation to a person, means:
(a)
any person who is a nominee or an employee of such person;
(b)
any person who manages the affairs of such person;
(c)
any firm of which such person, or any nominee of his, is a partner or a
person in charge or in control of its business or affairs;
any corporation within the meaning of the Companies Act 19651,
(d)
of which such person, or any nominee of his, is a director or is in
charge or in control of its business or
1
Act No. 125/1965
1
affairs, or in which such person, alone  or
together with any nominee of his, has or have
a controlling interest, or shares to the total
value of not less than thirty per centum of
the total issued capital of the corporation; or
(e)
the trustee of any trust, where:
(i) the trust has been created by such person; or
(ii) the total value of the assets contributed
by such person to the trust at any time,
whether before or after the creation of
the trust, amounts, at any time, to not
less than twenty per centum of the total
value of the assets of the trust;
"bank" means a bank, a finance  company,  a merchant bank,  or a discount house,
licensed under the Banking and Financial Institutions Act 19892,  or any other financial
institution 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  3;
"banker's book" includes ledgers, day books, cash books, account books and all other
books and documents used in the ordinary course of business of a bank; "business" means
any activity carried on for the purpose of gain or profit and includes all property derived
from or used in or for the purpose of carrying on such activity, and all the rights and
liabilities arising from such activity;
"dealing" includes-
(a)
any purchase, sale, loan, charge, mortgage,
lien, pledge, caveat, transfer, delivery,
assignment, subrogation, transmission, gift,
donation,  trust,  settlement,  deposit,
withdrawal, transfer between accounts, of extension of credit;
(b)
any agency or grant of power of attorney; and
(c)
any act which results in any right, interest,
title or privilege, whether present or future
or whether vested or contingent, in the whole
of or in part any property being conferred on any person;
"Director-General" means the Director-General of the Agency appointed under subsection
3(2);
2
Act No. 372/1989
3
Act No. 502/1993
2
"financial institution" means any person, which, in fact, lawfully or unlawfully, carries on
any banking business or finance company business as defined in the
Banking and Financial Institutions Act 19894;
"gratification" means;
(a)
money, donation, gift, loan, fee, reward,
valuable security, property or interest in
property being property of any description
whether movable or immovable, or any other
similar advantage;
(b)
any office, dignity, employment, contract of
employment or services, and any agreement to
give employment or render services in any
capacity;
(c)
any payment, release, discharge or liquidation
of any loan, obligation or other liability,
whether in whole or in part;
(d)
any valuable consideration of any kind, any
discount, commission, rebate, bonus, deduction
or percentage;
(e)
any forbearance to demand any money or money's
worth or valuable thing;
(f)
any other service or favour of any description,
such as protection from any penalty or
disability incurred or apprehended or from any
action or proceedings of a disciplinary, civil
or criminal nature, whether or not already
instituted, and including the exercise or the
forbearance from the exercise of any right or
any official power or duty; and
(g)
any offer, undertaking or promise, whether
conditional or  unconditional,  of any
gratification within the meaning of any of the
preceding paragraphs (a) to (f);
"local authority" has the meaning assigned to it in section 2 of the Local Government Act
19765;
4
Act No. 372/1989
5
Act No. 171/1976.
3
"member of the administration" has the meaning assigned to it in Clause 160(2) of
the Federal Constitution;
"member of a State Legislative Assembly" includes an officer of a public body who is a
member of a State Executive Council by virtue of his office;
"Minister" means the Minister who is responsible for the Anti-Corruption Agency;
"Monetary instrument" means coin or  currency  of Malaysia or  of any  other country,
traveller's cheque, personal cheque, bank cheque, money order, investment security or
negotiable instrument in bearer form or otherwise in such form that title thereto passes
upon delivery or upon delivery and endorsement;
"offence under this Act" includes a prescribed offence;
"officer of the Agency"
includes the Director-General and any officer appointed under
subsection 4(1);
"officer of a public body" means any person who is a member, an officer, an employee or a
servant of a public body, and includes a member of the administration, a member of
Parliament, a member of a State Legislative Assembly, a judge of the High Court, Court of
Appeal or Federal Court, and any person receiving any remuneration from public funds,
and, where the public body is a corporation sole, includes the person who is
incorporated as such;
"prescribed offence" means;
(a)
an offence punishable under section 161, 162,
163, 164, 165, 213, 214 or 215 of the Penal
Code6;
(b)
an offence punishable under section 137 of the
Customs Act 19677;
(c)
an offence under Part III of the Election
Offences Act 1954;
(d)
any offence prescribed by the Minister under
subsection 60(1);
(e)
an attempt to commit any of the offences as
provided for in paragraphs (a) to (d); or
(f)
an abetment of or a criminal conspiracy to
commit (as those terms are defined in the
penal Code) any of the offences as provided
for in paragraphs (a) to (d), whether or not
6
Act No. 574 Penal Code.
7
Act No. 235/1967, Section 137.
4
the offence is committed in consequence
thereof;
"principal"  includes any employer, any beneficiary under a trust, any trust estate, any
person beneficially interested in the estate of a deceased person, the estate of a
deceased person, and, in the case of any person serving in or under a public body, the
public body;
"property" means real or  personal property of every description,
including  money,
whether situated in Malaysia or elsewhere, whether tangible or intangible, and includes
an interest in any such real or personal property;
"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 of the
Government of Malaysia, the Government of a
State, or a local authority;
(e)
any company over which any public body as is
referred to in paragraph (a), (b), (c) or (d)
has controlling power; or
(f)
any society, union, organisation or body as
the Minister may prescribe from time to time
by order published in the Gazette;
"purchaser in good faith for valuable consideration" means any transferee, assignee,
chargee, mortgagee, pledgee, holder of a lien, or lessee, of any property where the
transfer,  assignment,  charge, mortgage, pledge, lien, or lease was obtained by him for
adequate consideration in money or money's worth, without notice that the property was
obtained in consequence of the commission of any offence under this Act;
"relative", in relation to a person, means;
(a)
a spouse of the person;
(b)
a brother or sister of the person;
(c)
a brother or sister of the spouse of the
person; or
(d)
any lineal ascendant or descendant of the
person;
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"senior officer of the Agency"
means  the  Director-General,
and
includes
a
Commissioner,  a Deputy Commissioner,
a  Senior  Assistant  Commissioner,
an
Assistant Commissioner, a Senior Superintendent and a Superintendent  of the Agency
appointed under subsection 4(1);
"statutory authority" means an authority,  whether consisting of a single person or a
body of persons, established  by Federal  or  State  law  and  exercising powers,
discharging duties or performing functions conferred upon the authority by any Federal or
State law.
PART II
ESTABLISHMENT OF AGENCY, APPOINTMENTS AND POWERS
Section 3
1.
For the purpose of this Act, there is hereby
established the Anti-Corruption Agency.
2.
The Yang di-Pertuan Agong shall, on the advice of
the Prime Minister, appoint a Director-General of the
Anti-Corruption Agency from among members of the public
services for such period and on such terms and
conditions as may be specified in the instrument of
appointment.
3.
The period of appointment of the Director-General
shall not extend beyond the date of his compulsory
retirement from the public service, but where he so
attains the age of compulsory retirement he may be
re-appointed as Director-General by the Yang di-Pertuan
Agong, on the advice of the Prime Minister, on contract
for such period and on such terms and conditions as may
be specified in the instrument of appointment.
4.
The Director-General shall, during the period of his appointment as
set out in the instrument of appointment, hold office at the pleasure
of
the Yang di-Pertuan Agong, subject to the advice of the Prime
Minister.
5.
The Director-General shall, during his term of office as such, be deemed
to be a member of the general public service of the Federation for
purposes of discipline.
6
6.
The Director-General shall be responsible for the
direction, control and supervision of all matters
relating to the Agency.
The Director-Gener8al shall, before assuming the
7.
duties and responsibilities of his office, make in such
manner as he may declare to be most binding on his
conscience before the Yang di-Pertuan Agong such
declaration as may be prescribed by the Minister by
ules made under subsection 60(2).
8.
There shall be issued to the Director-General a
certificate of appointment in the form of an authority
card as evidence of his appointment.
9.
The person holding office as the Director-General
of the Anti-Corruption Agency appointed under subsection
3(2) of the Anti-Corruption Agency Act 1982 immediately
before the commencement of this Act shall, upon the
commencement of this Act, be deemed to have been
appointed Director-General under subsection (2) for the
remainder of the period of his appointment under the
1982 Act, and the requirements of subsection (7) shall
be deemed to have been satisfied.
Section 4
1.
There shall be appointed such number of
Commissioners, Deputy Commissioners, Senior Assistant
Commissioners,  Assistant  Commissioners,  Senior
Superintendents, Superintendents, Senior Assistant
Superintendents, Assistant Superintendents, Senior
Investigators, and Investigators of the Agency as may be
necessary for the purpose of carrying into effect the
provisions of this Act.
2.
An officer appointed under subsection (1) 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 Director-General or any other officer
of the Agency superior to him in rank, and shall
exercise his powers, perform his functions, and
discharge his duties in compliance with such directions
or instructions as may be specified orally or in writing
by the Director-General or any other officer of the
Agency superior to him in rank.
8
Act No. 271/1982, Subsection (3)2
7
3.
All officers of the Agency appointed under
subsection (1) shall be members of the general public
service of the Federation.
4.
Every officer of the Agency appointed under
subsection (1) shall on first joining the Agency and
before assuming the duties and responsibilities of his
office make in such manner as he may declare to be most
binding on his conscience before an officer of the
Agency of or above the rank of Senior Superintendent
such declaration as may be prescribed by the Minister by
rules made under subsection 60(2).
5.
A certificate of appointment in the form of an
authority card shall be issued to every officer of the
Agency appointed under subsection (1), and such card
shall be signed by the Director-General and shall be
prima facie evidence of the appointment under this Act.
6.
Upon the commencement of this Act, every person
holding an appointment under the Anti-Corruption Agency
Act 19829 shall be deemed to be an officer of the Agency
appointed under this section and the requirements of
subsection (4) shall be deemed to have been satisfied,
and every such officer shall hold such title of office
under subsection (1) as may be determined by the
Minister by notification in the Gazette.
Section 5
Every officer of the Agency when acting under this Act shall , on demand, declare
his office and produce to the person against whom he is acting or from whom he seeks any
information the authority card issued to him under this Act.
Section 6
Every officer of the Agency shall, for the purposes of this Act, be deemed to be
always on duty when required to perform his duty or functions and may perform the duties
and exercise the powers conferred on him under this Act or under any other written law at
any place within or outside Malaysia.
Section 7
1.
In addition, and without prejudice, to the
9
Act No. 271/1982
8
powers, duties and functions conferred under this Act,
an officer of the Agency shall have, for the purposes of
this Act, all the powers and immunities of a police
officer appointed under the Police Act 196710.
2.
Without prejudice to
the generality of
subsection(1)-
(a) an officer of the Agency of the rank of
Superintendent and above shall have all the
powers of a police officer of and above the
rank of Assistant Superintendent of Police;
(b) a Senior Assistant Superintendent and an
Assistant Superintendent of the Agency shall
have all the powers of a police officer of
and above the rank of Inspector; and
(c) a Senior Investigator and an Investigator
shall have all the powers of a police officer
of and above the rank of Sergeant.
3.
Where in the course of any investigation or
proceedings in court in respect of the commission of an
offence under this Act by any person, there is disclosed
an offence under any other written law, not being an
offence under this Act, regardless whether the offence
is committed by the same person or any other person, the
officer of the Agency responsible for the investigation
or proceedings, as the case may be, shall notify the
Public Prosecutor who may issue such directions as he
thinks fit.
4.
For the purpose of this Act-
(a) where an order, a certificate or any other
act is required to be given, issued or done
by an officer in charge of a Police District
under any written law,  such order,
certificate or act may be given, issued or
done by a senior officer of the Agency, and
for such purpose, the place where the order,
certificate or act was given, issued or done
shall be deemed to be a Police District under
his charge;
(b) an officer of the Agency shall have all the
powers conferred on an officer in charge of a
police station under any written law, and for
10
Act No. 344/1967
9
such purpose the office of such officer shall
be deemed to be a police station.
5.
For the avoidance of doubt, it is declared that
for the purposes of this Act an officer of the Agency
shall have all the powers of a police officer of
whatever rank as provided for under the Criminal
Procedure Code and the Registration of Criminals and
Undesirable Persons Act 196911, and such powers shall be
in addition to the powers provided for under this Act
and not in derogation thereof, but in the event of any
inconsistency or conflict between the provisions of this
Act and those of the Criminal Procedure Code, the
provisions of this Act shall prevail.
Section 8
It shall be the duty of the Director-General and the officers of the Agency to-
(a)
receive and consider any report of the
commission of an offence under this Act and
investigate such of the reports as the
Director-General or  officers  consider
practicable;
(b)
detect and investigate-
(i) any suspected offence under this Act;
(ii) any suspected attempt to commit an
offence under this Act; and
(iii) any suspected conspiracy to commit any
offence under this Act;
(c)
examine the practices, systems and procedures
of public bodies in order to facilitate the
discovery of offences under this Act and to
secure the revision of such practices, systems
or procedures as in the opinion of the
Director-General may be  conducive  to
corruption;
11
Cap. 6, Act no. 7/1967.
10
(d)
instruct, advise and assist any person, on the
latter's request, on ways in which corruption
may be eliminated by such person;
(e)
advise heads of public bodies of any changes
in practices, systems or procedures compatible
with the effective discharge of the duties of
the public bodies as the Director-General
thinks necessary to reduce the likelihood of
the occurrence of corruption;
(f)
educate the public against corruption; and
(g)
enlist and foster public support in combating
corruption.
Section 9
The Director-General may issue administrative orders to be called  "Standing
Orders", not inconsistent with the provisions of this Act,  on the general control, training,
duties and responsibilities of officers of the Agency, and for such other matters as may be
necessary or expedient for the good administration of the Agency or for the prevention of
the abuse of power or neglect of duty, and generally for ensuring the efficient and effective
functioning of the Agency.
PART III
OFFENCES AND PENALTIES
Section 10
Any person who by himself, or by or in conjunction with any other person-
(a)
corruptly solicits or receives or agrees to
receive for himself or for any other person;
or
(b)
corruptly gives, promises or offers to any
person whether for the benefit of that person
or of another person,
any gratification as an inducement to or a reward for,
or otherwise on account of-
(aa) any person doing or forbearing to do anything
11
in respect of any matter or transaction,
actual or proposed or likely to take place; or
(bb) any officer of a public body doing or
forbearing to do anything in respect of any
matter or transaction, actual or proposed or
likely to take place, in which the public body
is concerned, shall be guilty of an offence.
Section 11
If-
(a) any agent corruptly accepts or obtains, or
agrees to accept or attempts to obtain, from
any person, for himself or for any other
person, any gratification as an inducement or
a reward for doing or forbearing to do, or for
having done or forborne to do, any act in
relation to his principal's affairs or
business, or for showing or forbearing to show
favour or disfavour to any person in relation
to his principal's affairs or business;
(b) any person corruptly gives or agrees to give
or offers any gratification to any agent as an
inducement or a reward for doing or forbearing
to do, or for having done or forbone to do any
act in relation to his principal's affairs or
business, or for Showing or forbearing to show
favour or disfavour to any person in relation
to his principal's affairs or business; or
(c) any person knowingly gives to an agent, or if
an agent knowingly uses with intent to deceive
his principal, any receipt, account or other
document in respect of which the principal is
interested, and which contains any statement
which is false or erroneous or defective in
any material particular, and which to his
knowledge is intended to mislead the principal,
he shall be guilty of an offence.
Section 12
1.
Where in any proceedings against any agent for
any offence under paragraph 11(a) it is proved that he
corruptly accepted, obtained or agreed to accept or
12
attempted to obtain any ratification having reason to
believe or suspect that the gratification was offered as
an inducement or a reward for his doing or forbearing to
do any act or for showing or forbearing to show any
favour or disfavour to any person in relation to his
principal's affairs or business he shall be guilty of an
offence under that paragraph notwithstanding that-
(a) he did not have the power, right or
opportunity so to do, show or forbear;
(b) he accepted  the gratification without
intending so to do, show or forbear;
(c) he did not in fact so do, how or forbear; or
(d) the act, favour or disfavour was not in
relation to his principal's affairs or
business.
2.
Where in any proceedings against any person for
any offence under paragraph 11(b) it is proved that he
corruptly gave, agreed to give or offered any
gratification to any agent as an inducement or a reward
for doing or forbearing to do any act or for showing or
forbearing to show any favour or disfavour to any person
having reason to believe or suspect that the agent had
the power, right or opportunity so to do, show or
forbear and that the act, favour or disfavour was in
relation to his principal's affairs or business he shall
be guilty of an offence under that paragraph
notwithstanding that the agent had no power, right or
opportunity or that the act, favour or disfavour was not
in relation to his principal's affairs or business.
Section 13
A person-
(a) who, with intent to obtain from any public
body a contract for performing any work,
providing any service, doing anything, or
supplying any article, material or substance,
offers any gratification to any person who has
made a tender for the contract,  as an
inducement or a reward for his withdrawing the
tender; or
(b) who solicits or accepts any gratification as
an inducement or a reward for his withdrawing
13
a tender made by him for such contract,
shall be guilty of an offence.
Section 14
Any person who offers to an officer of any public body, or being an officer of any public
body solicits or accepts, any gratification as an inducement or a reward for;
(a) the officer voting or abstaining from voting
at any meeting of the public body in favour of
or against any measure, resolution or question
submitted to the public body;
(b) the officer performing or abstaining from
performing or aiding in procuring, expediting,
delaying,  hindering or preventing the
performance of, any official act;
(c) the officer aiding in procuring or preventing
the passing of any vote or the granting of any
contract or advantage in favour of any person;
or
(d) the officer showing or forbearing to show any
favour or disfavour in his capacity as such
officer,
shall, notwithstanding that the officer did not have the power, right or opportunity so to do,
show or forbear, or that the inducement or reward was not in relation to the affairs of the
public body, be guilty of an offence.
Section 15
1.
Any officer of a public body who uses his office
or position for any gratification shall be guilty of an
offence.
2.
For the purposes of subsection (1), an officer of
a public body shall be presumed, until the contrary is
proved, to use his office or position for gratification
when he makes any decision, or takes any action, in
relation to any matter in which such officer, or any
relative or associate of his, has an interest, whether
directly or indirectly.
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 use his
14
office or position for gratification when he acts
contrary to subsection 2(8) of the Eighth Schedule to
the Federal Constitution or the equivalent provision in
the Constitution or Laws of the Constitution of that
State.
4.
This section shall not apply to an officer who
holds office in a public body as a representative of
another public body which has the control or partial
control over the first-mentioned public body in respect
of any matter or thing done in his capacity as such
representative for the interest or advantage of that
other public body.
Section 16
Any person who is found guilty of an offence under section 10, 11, 13, 14 or 15 shall on
conviction be liable to;
(a) imprisonment for a term of not less than
fourteen days and not more than twenty years;
and
(b) a fine of not less than five times the sum or
value of the gratification which is the
subject-matter of the offence where such
gratification is capable of being valued or is
of a pecuniary nature, or ten thousand ringgit,
whichever is the higher.
Section 17
1.
Any officer of a public body to whom any
gratification is given, promised, or offered, in
contravention of any provision of this Act shall report
such gift, promise or offer together with the name, if
known, of the person who gave, promised or offered such
gratification to him to the nearest officer of the
Agency or police officer.
2.
Any person who fails to comply with subsection (1)
shall be guilty of an offence and shall on conviction on
on conviction be liable to a fine not exceeding one
hundred thousand ringgit or to imprisonment for a term
not exceeding ten years or to both.
3.
Any person from whom any gratification has been
solicited or obtained, or an attempt has been made to
15
obtain such gratification, in contravention of any
provision of this Act shall at the earliest opportunity
thereafter report such soliciting or obtaining of, or
attempt to obtain, the gratification together with the
full and true description and, if known, the name of the
person who solicited, or obtained, or attempted to
obtain, the gratification from him to the nearest
officer of the Agency or police officer.
4.
Any person who fails, without reasonable excuse,
to comply with subsection (3) shall be guilty of 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.
Section 18
Any person who, whether within or outside Malaysia,
whether directly or indirectly, whether on behalf of
himself or on behalf of any other person, enters into,
or causes to be entered into, any dealing in relation to
any property, or otherwise uses or causes to be used, or
holds, receives, or conceals any property or any part
thereof which was the subject-matter of an offence under
section 10, 11, 13, 14 or 15 shall be guilty of 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 to both.
Section 19
1.
Where any person makes or causes any other person
to make to an officer of the Agency or to the Public
Prosecutor, in the course of such officer or Public
Prosecutor exercising any power conferred by this Act,
any statement which to the knowledge of the person
making the statement, or causing the statement to be
made-
(a) is false, or intended to mislead; or
(b) is not consistent with any other statement
previously made by such person to any other
person having authority or power under any law,
or otherwise, to receive, or require to be made,
such other statement regardless whether or not
the person making the statement is under any
legal or other obligation to tell the truth,
16
he shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one
hundred thousand ringgit or to imprisonment for a term not exceeding ten years or to both.
2.
Where any person, who has made a statement to an
officer of the Agency or to the Public Prosecutor, in
the course of such officer or Public Prosecutor
exercising any power conferred by this Act, subsequently
thereto makes any other statement to any person having
authority or power under any law, or otherwise,
to receive, or require to be made, such other statement,
regardless whether or not the person making the
statement is under a legal or other obligation to tell
the truth, he shall, if such other statement is
inconsistent with any statement previously made to an
officer of the Agency or the Public Prosecutor, be
guilty of an offence and shall on conviction be liable
to a fine not exceeding one hundred thousand ringgit or
to imprisonment for a term not exceeding ten years or to
both.
3.
For the avoidance of doubt, it is declared that
for the purposes of paragraph (1)(b) and subsection (2),
any statement made in the course of any legal
proceedings before any court, whether civil or criminal,
or any statement made by any person in the course of any
disciplinary proceedings, whether such legal proceedings
or disciplinary proceedings are against the person
making the statement or against any other person, shall
be deemed to be a statement made to a person having
authority or power under law to receive the statement
so made.
Section 20
1.
Any person who;
(a) attempts to commit any offence under this Act;
(b) does any act preparatory to or in furtherance
of the commission of any offence under this Act;
or
(c) abets or is engaged in a criminal conspiracy to
commit any offence under this Act,
shall be guilty of such offence and shall on conviction be liable to the punishment provided
for such offence.
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2.
Any provision of this Act which contains a
reference to an offence under any specific provision of
this Act shall be read as including a reference to an
offence under subsection (1) in relation to the offence
under that specific provision.
3.
Paragraph (1)(a) shall not apply where an attempt
to do any act is expressly made an offence under this
Act, and paragraph (1)(c) shall not apply to the case of
an abetment of an offence as provided for under section
164 of the Penal Code12.
PART IV
INVESTIGATION, SEARCH, SEIZURE AND ARREST
Section 21
1.
Every report relating to the commission of an
offence under this Act may be made orally or in writing
to an officer of the Agency, and if made orally it
shall be reduced into writing and read over to the
person making the report; and every report, whether in
writing or reduced into writing, shall be signed by the
person making the report.
2.
Every report, whether in writing or reduced into
writing, shall be entered in a book kept at the office
of the Agency and there shall be appended to such entry
the date and hour on which such report was made.
3.
Where an officer of the Agency has reason to
suspect the commission of an offence under this Act
following a report made under subsection (1) or
information otherwise received by him, he shall cause
investigation to be made and for such purpose may
exercise all the powers of investigation provided for
under this Act and the Criminal Procedure Code.
4.
A report made under subsection (1) shall be kept
secret and shall not be disclosed by any person to any
12
Act No. 574, Section 164, Penal Code.
18
person other than officers of the Agency and the Public
Prosecutor until an accused person has been charged in
court for an offence under this Act or any other
written law in consequence of such report.
5.
A copy, which is certified by an officer of the Agency of or above
the
rank of Superintendent, of an entry under subsection (2) of a report
under subsection (1) shall be admissible as evidence of the contents of
the original and of the time, place and manner in which the report was
recorded.
Section 22
1.
An officer of the Agency investigating an offence
under this Act may;
(a) order any person to attend before him for the
purpose of being examined orally in relation
to any matter which may, in his opinion,
assist in the investigation into the offence;
(b) order any person to produce before him any
book, document or any certified copy thereof,
or any other article which may, in his
opinion, assist in the investigation into the
offence; or
(c) by written notice require any person to
furnish a statement in writing made on oath
or affirmation setting out therein all such
information which may be required under the
notice, being information which, in such
officer's opinion, would be of assistance in
the investigation into the offence.
2.
Paragraph (1)(b) shall not apply to banker's
books.
3.
A person to whom an order under paragraph (1)(a)
has been given shall;
(a) attend in accordance with the terms of the
order to be examined, and shall continue to
attend from day to day where so directed
until the examination is completed; and
(b) during such  examination, disclose all
information which is within his knowledge, or
which is available to him, in respect of the
matter in relation to which he is being
19
examined, and answer any question put to him
truthfully and to the best of his knowledge
and belief, and shall not refuse to answer
any question on the ground that it tends to
incriminate him or his spouse.
4.
A person to whom an order has been given under
paragraph (1)(b) shall not conceal, destroy, alter,
remove from Malaysia, or deal with, expend, or dispose
of, any book, document, or article specified in the
order, or alter or deface any entry in any such book or
document, or cause such act to be done, or assist or
conspire to do such act.
5.
A person to whom a written notice has been given
under paragraph (1)(c) shall, in his statement, furnish
and disclose truthfully all information required under
the notice which is within his knowledge, or which is
available to him, or which is capable of being obtained
by him, and shall not refuse to furnish or disclose the
information on the ground that it tends to incriminate
him or his spouse.
6.
A person to whom an order or a notice is given
under subsection (1) shall comply with such order or
notice and  with subsections (3), (4) and (5),
notwithstanding any written law or rule of law to the
contrary.
7.
Where any person discloses any information or
produces any book, document or article ursuant to
subsections (1), (3) and (5), neither the first-
mentioned person, nor any other person on whose behalf
or direction or as whose agent or employee the
first-mentioned person may be acting, shall, on account
of such disclosure or production, be liable to any
prosecution, except a prosecution for an offence under
section 19, for any offence under or by virtue of
any written law, or to any proceeding or claim by any
person under or by virtue of any law or under or by
virtue of any contract, agreement or arrangement, or
otherwise.
8.
An officer of the Agency examining a person
under paragraph (1)(a) shall record in writing any
statement made by the person and the statement so
recorded shall be read to and signed by the person, and
where such person refuses to sign the record, the
officer shall endorse thereon under his hand the fact
of such refusal and the reasons therefor, if any,
stated by the person examined.
20
9.
The record of an examination under paragraph
(1)(a), or a written statement on oath or affirmation
made pursuant to paragraph (1)(c), or any book,
document or article produced under paragraph (1)(b) or
otherwise in the course of an examination under
paragraph (1)(a), or under a written statement on oath
or affirmation made pursuant to paragraph (1)(c), shall,
notwithstanding any written law or rule of law to the
contrary, be admissible in evidence in any proceedings
n any court-
(a) for an offence under this Act; or
(b) for the forfeiture of property pursuant to
section 36 or 37,
regardless whether such proceedings are against the
person who was examined, or who produced the book,
document or article, or who made the written statement
on oath or affirmation, or against any other person.
10.
Any person who contravenes this section shall
be guilty of an offence.
Section 23
1.
Whenever it appears to the Public Prosecutor
upon information, and after such inquiry as he thinks
necessary, that there is reasonable cause to suspect
that in any place there is any evidence of the
commission of an offence under this Act, he may by
written order direct an officer of the Agency to-
(a) enter any premises and there search for, seize
and take possession of, any book, document or
other article;
(b) inspect, make copies of, or take extracts from,
any book, record or document;
(c) search any person who is in or on such
premises, and for the purpose of such search
detain such person and remove him to such
place as may be necessary to facilitate such
search, and seize and detain any article found
on such person;
(d) break open, examine, and search any article,
21
container or receptacle; or
(e) stop, search, and seize any conveyance.
2.
Whenever it is necessary so to do, an officer of
the Agency exercising any power under subsection (1)
may;
(a) break open any outer or inner door or window
of any premises and enter thereinto, or
otherwise forcibly enter the premises and
every part thereof;
(b) remove by force any obstruction to such entry,
search, seizure or removal as he is empowered
to effect; or
(c) detain any person found in or on any premises,
or in any conveyance, searched under
subsection (1), until such premises or
conveyance has been searched.
3.
Whenever it appears to an officer of the Agency
that there is reasonable cause to suspect that there is
concealed or deposited in any place any evidence of the
commission of any offence under this Act and such
officer has reasonable grounds for believing that by
reason of delay in obtaining a written order of the
Public Prosecutor under subsection (1) the object of
the search is likely to be frustrated, he may exercise
in and in respect of such place, all the powers
mentioned in subsections (1) and (2) as if he were
directed to do so by an order issued under subsection(1).
4.
No person shall be searched under this section
or under section 22 except by a person who is of the
same gender as the person to be searched.
Section 24
1.
Where an officer of the Agency finds, seizes,
detains or takes possession of any book or document in
the exercise of any power under this Act, and such
book or document or any part thereof is in a language
other than the national language or the English
language, or in any sign or code, the officer may
require the person who had possession, custody or
control of such book or document to furnish to the
officer a translation in the national language of such
22
book or document within such period as, in the opinion
of the officer, would be reasonable having regard to
the length of the book or document, or other
circumstances relating to it.
2.
No person shall knowingly furnish a translation
under subsection (1) which is not an accurate, faithful
and true translation, or knowingly make a translation
under that subsection which is not accurate, faithful
and true.
3.
Where the person required to furnish a
translation under subsection (1) is not the person who
is suspected to have committed the offence under
investigation, the Agency may reimburse him for such
reasonable expenses as he may have incurred in,
furnishing the translation.
Section 25
1.
In the course of an investigation into an
offence under this Act any movable property which any
officer of the Agency of or above the rank of
Investigator has reasonable grounds to suspect to be
the subject-matter of an offence or evidence relating
to the offence shall be liable to seizure.
2.
A list of all movable property seized pursuant
to subsection (1) and of the places in which they are
respectively found shall be prepared by the officer of
the Agency effecting the seizure and signed by him.
3.
A copy of the list referred to in subsection (2)
shall be served on the owner of such property or on the
person from whom the property was seized as soon as
possible.
4.
Where any movable property liable to seizure
under subsection (2) is in the possession, custody or
control of a bank, subsections (1), (2) and (3) shall
not apply thereto and the seizure shall be effected in
the manner provided for in section 33.
Section 26
1.
Where any movable property is seized under this
Act, the seizure shall be effected by removing the
movable property from the possession, custody or
control of the person from whom it is seized and
23
placing it under the custody of such person or
authority and at such place as an officer of the Agency
of or above the rank of Assistant Superintendent may
determine.
2.
Where it is not practicable, or it is otherwise
not desirable, to effect removal of any property under
subsection (1), the officer referred to in that
subsection may leave it at the premises in which it is
seized under the custody of such person as he may
detail for the purpose.
3.
Notwithstanding subsection (1), when any movable
property, including any movable property referred to in
subsection (6), has been seized under this Act, an
officer of the Agency of or above the rank of
Superintendent, other than the officer who effected the
seizure, may at his discretion-
(a) temporarily return the movable property to the
owner thereof, or to the person from whose
possession, custody or control it was seized,
or to such person as may be entitled thereto,
subject to such tenns and conditions as may be
imposed, and, subject, in any case, to
sufficient security being furnished to ensure
that the movable property shall be surrendered
on demand being made by the officer who
authorised the release and that such terms and
conditions, if any, shall be complied with; or
(b) return the movable property to the owner
thereof, or to the person from whose
possession, custody or control it was seized,
or to such person as may be entitled thereto,
with liberty for the person to whom the
movable property is so returned to dispose of
the property, such return being subject to
security being furnished in an amount not less
than an amount which represents the open
market value of such property on the date on
which it is so returned.
4.
Where any person to whom movable property is
temporarily returned under paragraph (3)(a) fails to
surrender such property on demand or comply with any
term or condition imposed under that paragraph-
(a) the security furnished in respect of such
property shall be forfeited; and
24
(b) that person shall be guilty of an offence and
shall on conviction be liable to a fine of not
less than two times the amount of the security
furnished by him, and to imprisonment for a
term not exceeding two years.
5.
Where an order of forfeiture is made by the
court in respect of property returned under paragraph
(3)(b), such forfeiture shall be effected by forfeiting
the security furnished by the person to whom the
property was returned.
6.
When any movable property seized under this Act
consists of money,  shares, securities, stocks,
debentures or any chose-in-action, in the possession or
under the custody or control of any person other than
the person against whom the prosecution is intended to
be taken, the seizure shall be effected by an officer
of the Agency of or above the rank of Assistant
Superintendent serving an order on such person-
(a) prohibiting him from using, transferring, or
dealing with such property; or
(b) requiring him to surrender the property to an
officer of the Agency of or above the rank of
Assistant Superintendent in the manner and
within the time specified in the order.
7.
Where any movable property seized is liable to
speedy decay or deterioration, or is property which
cannot be maintained without difficulty, or which is
not practicable to maintain, and which cannot be dealt
with under subsection (3), an officer of the Agency of
or above the rank of Superintendent may sell or cause
to be sold the property and shall hold the proceeds
of the sale, after deducting therefrom the costs and
expenses of the maintenance and sale of the property,
to abide the result of any proceedings under this Act.
Section 27
1.
Notwithstanding any other written law, a Judge
of the High Court may, on application being made to him
in relation to an investigation into any offence under
this Act, order an advocate and solicitor to disclose
information available to him in respect of any
transaction or dealing relating to any property which
is liable to seizure under this Act.
25
2.
Nothing in subsection (1) shall require an
advocate and solicitor to comply with any order under
that subsection to the extent that such compliance
would disclose any  privileged information or
communication which came to his knowledge for the
purpose of any pending proceedings.
Section 28
Subject to such limitation as is provided under this Act, every person required by
an officer of the Agency or a police officer to give any information on any subject which it
is such officer's duty to inquire into under this Act and which is in that person's power to give,
shall be legally bound to give the information.
Section 29
Any person who;
(a) refuses any officer of the Agency access to
any premises, or fails to submit to a search
by a person authorised to search him under
this Act;
(b) assaults, obstructs, hinders or delays any
officer of the Agency in the execution of his
duty under this Act;
(c) fails to comply with any lawful demand,
notice, order or requirement of an officer of
the Agency in the execution of his duty under
this Act;
(d) omits, refuses or neglects to give to an
officer of the Agency any information which
may reasonably be required of him and which
he is empowered to give;
(e) fails to produce to , or conceals or attempts
to conceal from, an officer of the Agency,
any book, document, or article, in relation
to which such officer has reasonable grounds
for suspecting that an offence under this Act
has been or is being committed, or which is
liable to seizure under this Act;
(f) rescues or endeavours to rescue or causes to
be rescued any thing which has been duly
26
seized; or
(g) destroys any thing to prevent the seizure
thereof, or the securing of the thing,
shall be guilty of an offence.
Section 30
1.
Every offence under this Act shall be a seizable
offence for the purposes of the Criminal Procedure Code.
2.
Every person arrested under subsection (1) may
be released from custody-
(a) on his depositing such reasonable sum of
money as an officer of the Agency may require;
(b) on his executing a bond, with or without
sureties, as an officer of the Agency may
require; or
(c) on his depositing such reasonable sum of
money as an officer of the Agency may require
and his executing a bond, with or without
sureties, as an officer of the Agency may
require.
3.
Any person who has been released from custody
under subsection (2) may be arrested without warrant by
any officer of the Agency-
(a) if such officer has reasonable grounds for
believing that any condition on or subject to
which such person was released or otherwise
admitted to bail has been or is likely to be
broken; or
(b) on being notified in writing by the surety of
such person that such person is likely to
break any condition on or subject to which
such person was released and that surety
wishes to be relieved of his obligation as
surety.
4.
Any person arrested under subsection (3) and is
not released shall, without unreasonable delay, and in
any case within twenty-four hours (excluding the time
of any necessary journey) be produced before a
Magistrate's Court and if it appears to the Court that
any condition on or subject to which such person was
27
released or otherwise admitted to bail has been or is
likely to be broken, the Court may-
(a) remand such person in custody; or
(b) admit such person to bail on the same
conditions or on such other conditions as it
thinks fit.
5.
Where a person who is arrested for an offence
under this Act is serving a sentence of imprisonment or
is under detention under any law relating to preventive
detention, or is otherwise in lawful custody, he shall,
upon an order in writing by an officer of the Agency of
or above the rank of Superintendent, be produced before
such officer or before any other officer of the Agency
for the purpose of investigations, and for such purpose
he may be kept in lawful custody for a period not
exceeding fourteen days.
6.
A person who is detained in lawful custody under
subsection (5) or otherwise under any other written law
may, at any time, be made available to an officer of
the Agency for the purpose of investigations, or may be
taken to any other place for the purpose of searching
the place, or seizing any property, or identifying any
person or for any other purpose related to the
investigations.
7.
The period during which a person is under lawful
custody under subsection (6) shall count towards the
period of his imprisonment, detention or other custody.
PART V
PROVISIONS RELATING TO PUBLIC PROSECUTOR
Section 31
1.
Notwithstanding the provisions of any other
written law or any rule of law, the Public Prosecutor,
if he is satisfied that it is necessary for the purpose
of any investigation into an offence under this Act,
may authorise in writing an officer of the Agency of or
above the rank of Assistant Superintendent to exercise
in relation to any bank specified in the authorisation
28
all the powers of investigation set out in
subsection(2).
2.
An officer of the Agency authorised under
subsection (1) may, in relation to the bank in respect
of which he is so authorised-
(a) inspect and take copies of any banker's book,
bank account or any document belonging to or
in the possession, custody or control of the
bank;
(b) inspect and take copies of any share account,
purchase account, expense account or any
other account of any person kept in the bank;
(c) inspect the contents of any safe deposit box
in the bank; or
(d) request for any other information related to
any document, account or article referred to
in paragraphs (a), (b) and (c).
3.
Notwithstanding anything in subsection (2), an
officer of the Agency authorised under subsection (1)
may take possession of any book, document, account,
title, securities or cash to which he has access under
that subsection where in his opinion-
(a) the inspection of them, the copying of them,
or the taking of extracts from them, cannot
reasonably be undertaken without taking
possession of them;
(b) they may be interfered with or destroyed
unless he takes possession of them; or
(c) they may be needed as evidence in any
prosecution for an offence under this Act or
any other written law.
4.
Any person who willfully fails or refuses to
disclose any information or to produce any account,
document or article as are referred to in subsection(2)
to the officer of the Agency authorised under
subsection (1) shall be guilty of 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.
Where any person discloses any information or
29
produces any account or document or article to an
authorised officer of the Agency, neither the first-
mentioned person nor any other person on whose behalf
or direction or as whose agent or employee, the first-
mentioned person may be acting shall, on account of
such disclosure or production, be liable to any
prosecution, except a prosecution for an offence under
section 19, for any offence under or by virtue of any
law, or to any proceeding or claim by any person under
or by virtue of any law, or under or by virtue of any
contract, agreement or arrangement, or otherwise.
Section 32
1.
Notwithstanding any written law or rule of law
to the contrary, the Public Prosecutor, if he has
reasonable ground to believe,  based on the
investigation carried out by an officer of the Agency,
that any offence under this Act has been committed, may
by written notice-
(a) require any person suspected of having
committed such offence to furnish a statement
in writing on oath or affirmation-
(i) identifying every property, whether
movable or immovable, whether within or
outside Malaysia, belonging to him or
in his possession, or in which he has
any interest,  whether legal or
equitable, and specifying the date on
which each of the properties so
identified was acquired and the manner
in which it was acquired, whether by
way of any dealing, bequest, devise,
inheritance, or any other manner;
(ii) identifying every property sent out of
Malaysia by him during such period as
may be specified in the notice;
(iii) setting out the estimated value and
location of each of the properties
identified under subparagraphs (i) and
(ii), and if any of such properties
cannot be located, the reason therefor;
(iv) stating in respect of each of the
properties identified  under sub-
30
paragraphs (i) and (ii) whether the
property is held by him or by any other
person on his behalf, whether it has
been transferred, sold to, or kept with
any person, whether it has been
diminished  in  value since its
acquisition by him, and whether it has
been commingled with other property
which cannot be separated or divided
without difficulty;
(v) setting out all other information
relating to his properties, business,
travel, or other activities as may be
specified in the notice; and
(vi) setting out all his sources of income,
earnings or assets;
(b) require any relative or associate of the
person referred to in paragraph (1)(a), or
any other person whom the Public Prosecutor
has reasonable grounds to believe is able to
assist in the investigation, to furnish a
statement in writing on oath or affirmation-
(i) identifying every property, whether
movable or immovable, whether within or
outside Malaysia, belonging to him or
in his possession, or in which such
person has any interest, whether legal
or equitable, and specifying the date
on which each of the properties
identified was acquired and the manner
in which it was acquired, whether by
way of any dealing, bequest, devise,
inheritance, or any other manner;
(ii) identifying every property sent out of
Malaysia by him during such period as
may be specified in the notice;
(iii) setting out the estimated value and
location of each of the properties
identified under subparagraphs (i) and
(ii), and if any of such properties
cannot be located, the reason therefor;
(iv) stating in respect of each of the
properties
identified
under
subparagraphs (i) and (ii) whether the
31
property is held by him or by any other
person on his behalf, whether it has
been transferred, old to, or kept with
any person, whether it has been
diminished in  value  since its
acquisition by him, and whether it has
been commingled with other Property
which cannot be separated or divided
without difficulty;
(v) setting out all other information
relating to each of the Properties
identified under subparagraphs (i) and
(ii), and the business, travel, or
other activities of such person; and
(vi) setting out all the sources of income,
earnings or assets of such person; and
(c) require any officer of any bank or financial
institution, or any person who is in any
manner or to any extent responsible for the
management and control of the affairs of any
bank or any financial institution, to furnish
copies of any or all accounts, documents and
records relating to any person to whom
a notice may be issued under paragraph (a)
or (b).
2.
Every person to whom a notice is sent by the
Public prosecutor under subsection (1) shall, notwith-
standing any written law or rule of law to the
contrary, comply With the terms of the notice within
such time as may be specified therein, and any person
who willfully neglects or fails to comply With the terms
of the notice shall be guilty of an offence and shall
on conviction be liable to imprisonment for a term of
not less than fourteen days and not more than twenty
years and to a fine not exceeding one hundred thousand
ringgit.
3.
Where the Public Prosecutor has reasonable
grounds to believe that any officer of a public body
who has been served with the written notice referred to
in subsection (1) owns, possesses, controls or holds
any interest in any property which is excessive,
having regard to his present or past emoluments and all
other relevant circumstances, the Public Prosecutor may
by written direction require him to furnish a statement
on oath or affirmation explaining how he was able to
own, possess, control or hold such excess and if he
32
fails to explain satisfactorily such excess, he shall
be guilty of an offence and shall on conviction be
liable to;
(a) imprisonment for a term of not less than
fourteen days and not more than twenty years;
and
(b) a fine which is not less than five times the
value of the excess, if the excess is capable
of being valued, or ten thousand ringgit,
whichever is the higher.
4.
Every person to whom a direction is sent by the
Public Prosecutor under subsection (3) shall, notwith-
standing any written law or rule of law to the contrary,
comply with the terms of the direction within such time
as may be specified in the direction, and if such
person willfully neglects or fails to comply with such
direction, he shall be guilty of an offence and shall
on conviction be liable to-
(a) imprisonment for a term of not less than
fourteen days and not more than twenty years;
and
(b) a fine which is not less than five times the
value of the excess, if the excess is capable
of being valued, or ten thousand ringgit,
whichever is the higher.
5.
Every person to whom a notice or direction is
sent by the Public Prosecutor under this section shall
be legally bound to state the truth and shall disclose
all information which is within his knowledge, or which
is available to him, or which is capable of being
obtained by him.
6.
Where any person discloses any information or
produces any accounts, documents or records, in
response to a notice under subsection (1), such person,
his agent or employee, or any other person acting on
his behalf or under his direction, shall not, by reason
only of such disclosure or production, be liable to
prosecution for any offence under or by virtue of any
law, or to any proceeding or claim by any person under
or by virtue of any law or under or by virtue of any
contract, agreement or arrangement, or otherwise.
7.
Subsection(6) shall not bar, prevent or prohibit
the institution of any prosecution for any offence-
33
(a) as provided by this section;
(b) of giving false evidence in relation to any
statement on oath or affirmation furnished to
the Public Prosecutor pursuant to this
section; or
(c) provided for in section 19.
Section 33
1.
Where the Public Prosecutor is satisfied on
information given to him by an officer of the Agency
that any movable property, including any monetary
instrument or any accretion thereto, which is the
subject-matter of an offence under this Act or evidence
in relation to the commission of such offence, is in
the possession, custody or control of a bank, he may,
notwithstanding any other written law or rule of law,
by order direct the bank not to part with, deal in, or
otherwise dispose of such property or any part thereof
until the order is revoked or varied.
2.
A bank or any agent or employee of a bank shall
not, on account of such compliance, be liable to any
prosecution under or by virtue of any law or to any
proceeding or claim by any person under or by virtue of
of any 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) shall be
guilty of an offence and shall on conviction be liable
to a fine not exceeding two times the amount which was
paid out in contravention of the Public Prosecutor's
order or fifty thousand ringgit, whichever is the
higher, and to imprisonment for a term not exceeding
two years.
Section 34
1.
Where the Public Prosecutor is satisfied on
information given to him by an officer of the Agency
that any immovable property is the subject-matter of an
offence under this Act or evidence of the commission of
such offence, such property shall be liable to seizure,
34
and the seizure shall be effected-
(a) by the issue of a Notice of Seizure by the
Public Prosecutor setting out therein the
particulars of the immovable property which
is seized in so far as such particulars are
within his knowledge, and prohibiting all
dealings in such immovable property;
(b) by publishing a copy of such Notice in two
newspapers circulating in Malaysia one of
which shall be in the national language and
the other in the English language; and
(c) by serving a copy of such Notice on the Land
Administrator or the Registrar of Titles, as
the case may be, in Peninsular Malaysia, or
on the Registrar of Titles or Collector of
Land Revenue, as the case may be, in Sabah,
or on the Director of Lands and Surveys or
the Registrar responsible for land title, as
the case may be, in Sarawak, of the area in
which the immovable property is situated.
2.
The Land Administrator, the Collector of Land
Revenue, the Director of Lands and Surveys, the
Registrar of Titles or the Registrar responsible for
land title, as the case may be, referred to in
subsection (1) shall immediately upon being served with
a Notice of Seizure under subsection (1) endorse the
terms of the Notice of Seizure on the document of title
in respect of the immovable property in the Register at
his office.
3.
Where an endorsement of a Notice of Seizure has
been made under subsection (2), the Notice shall have
the effect of prohibiting all dealings in respect of
the immovable property, and after such endorsement has
been made no dealing in respect of the immovable
property shall be registered, regardless whether it was
effected before or after the issue of such Notice or
the making of such endorsement.
4.
Subsection (3) shall not apply to a dealing
effected by an officer of a public body in his capacity
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.
5.
Any person who contravenes subsection (2) or (3)
or does any act which results in, or causes, a
35
contravention of subsection (2) or (3) shall be guilty
of an offence and shall on conviction be liable to a
fine not exceeding twice the value of the property in
respect of which the Public Prosecutor's order had been
contravened, or fifty thousand ringgit, whichever is
the higher, and to imprisonment for a term not
exceeding two years.
6.
Where a Notice of Seizure has been issued under
subsection(1) it shall be an offence for the registered
proprietor of the immovable property which is seized
under such Notice, or for any other person having any
interest in such immovable property, who has knowledge
of such Notice, to knowingly enter into any agreement
with any person to sell, transfer, or otherwise dispose
of or deal with, the whole or any part of such
immovable property.
Section 35
Where  the Public Prosecutor  is  satisfied that any properly  property is the
subject-matter of an offence under this Act or was used in the commission of the offence,
and such property is held or deposited outside Malaysia, he may make an application by
way of an affidavit to a Judge of the High Court for an order prohibiting the person by
whom the property is held or with whom it is deposited from dealing with the
property.
Section 36
1.
In any prosecution for an offence under this Act,
the court shall make an order for the forfeiture of any
property which is proved to be the subject-matter of
the offence or to have been used in the commission of
the offence where-
(a) the offence is 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 the true and
lawful owner of such property; and
(ii) that no other person is entitled to the
property as a purchaser in good faith
for valuable consideration.
36
2.
Where the offence is proved against the accused
but the property referred to in subsection (1) has
been disposed of, or cannot be traced, the court shall
order the accused to pay as a penalty a sum which is
equivalent to the amount of the gratification or is, in
the opinion of the court, the value of the
gratification received by the accused, and any such
penalty shall be recoverable as a fine.
Section 37
1.
Where in respect of any property seized under
this Act there is no prosecution or conviction for an
offence under this Act, the Public Prosecutor may,
before the expiration of twelve months from the date of
the seizure, apply to a Judge of the High Court for an
order of forfeiture of that property if he is satisfied
that such property had been obtained as a result of or
in connection with an offence under section 10, 11, 13,
14 or 15.
2.
The Judge to whom an application is made under
subsection (1) shall cause to be published a notice in
the Gazette calling upon any person who claims to have
an interest in the property to attend before the Court
on a date specified in the notice, to show cause as to
why the property should not be forfeited.
3.
Where the Judge to whom an application is made
under subsection (1) is satisfied-
(a) that the property is the subject-matter of or
was used in the commission of an offence
under this Act; and
(b) there is no purchase in good faith for
valuable consideration in respect of the
property,
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, at the expiration of
twelve months from the date of its seizure, be released
to the person from whom it was seized.
37
Section 38
1.
Where any property has been seized under this
Act, and so long as such seizure remains in force, any
dealing effected by any person or between any persons
in respect of such property, except any dealing
effected under this Act or by virtue of this Act by an
officer of a public body in his capacity 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,
shall be null and void, and shall not be registered or
otherwise given effect to by any person or authority.
2.
Subsection (1) shall be in addition to and not
in derogation of subsections 34(3) and (4).
3.
For so long as a seizure of any property under
this Act remains in force, no action, suit or other
proceeding of a civil nature shall be instituted, or if
it is pending immediately before such seizure, be
maintained or continued in any court or before any
other authority in respect of the property which has
been so seized, and no attachment, execution or other
similar process shall be commenced, or if any such
process is pending immediately before such seizure, be
maintained or continued, in respect of such property on
account of any claim, judgement or decree, regardless
whether such claim was made, or such judgement or
decree was given, before or after such seizure was
effected, except at the instance of the Government of
Malaysia or the Government of a State, or at the
instance of a local authority or other statutory
authority, or except with the prior consent in writing
of the Public Prosecutor.
4.
Notwithstanding the provisions of any other
written law, the Public Prosecutor, if he considers
that it is likely to contain any information which is
relevant for the purpose of any investigation into an
offence under this Act, may, on the application of an
officer of the Agency of or above the rank of
Superintendent, authorise any officer of the Agency-
(a) to intercept, detain and open any postal
article in the course of transmission by post;
(b) to intercept any message transmitted or
received by any telecommunication; or
38
(c) to intercept or listen to any conversation by
any telecommunication.
2.
When any person is charged with an offence under
this Act, any information obtained by an officer of the
Agency in pursuance of subsection (1), whether before
or after such person is charged, shall be admissible at
his trial in evidence.
3.
An authorisation by the Public Prosecutor under
subsection (1) may be given either orally or in writing;
but if an oral authorisation is given, the Public
Prosecutor shall, as soon as practicable, reduce the
authorisation into writing.
4.
A certificate by the Public Prosecutor stating
that the action taken by an officer of the Agency in
pursuance of subsection (1) had been authorised by him
under that subsection shall be conclusive evidence that
it had been so authorised, and such certificate shall
be admissible in evidence without proof of signature
thereof.
5.
No person shall be under any duty, obligation or
liability, or be in any manner compelled, to disclose
in any proceedings the procedure, method, manner or
means, or any matter related thereto, of anything done
under paragraph (1)(a), (b) or (c).
6.
For the purpose of this section;
"postal article" has the same meaning as in the
Postal Services Act 199113;
"telecommunication" has the same meaning as in the
Telecommunications Act 195014.
Section 40
1.
Notwithstanding any written law to the contrary,
the Public Prosecutor may, where he has grounds to
believe that any person who is the subject of an
investigation in respect of an offence under this Act
suspected to have committed by him is likely to leave
13
Act No. 465/1991
14
Act No. 20/1950
39
Malaysia, by written notice require such person to
surrender his certificate of identity, passport or exit
permit, or any other travel document in his possession.
2.
A notice under subsection (1) shall be served
personally on the person to whom it is addressed.
3.
A person on whom a notice under subsection (1)
is served shall comply with such notice forthwith,
failing which he may be arrested and taken before a
Magistrate.
4.
Where a person is taken before a Magistrate
under subsection (3), the Magistrate shall, unless such
person complies with the notice under subsection (1) or
satisfies the Magistrate that he does not possess
a travel document, by warrant commit him to prison-
(a) until the expiry of the period of fourteen
days from the date of his committal; or
(b) until he complies with the notice under
subsection (1),
whichever occurs earlier.
5.
For the purpose of subsection (4), a certificate
signed by the Public Prosecutor to the effect that the
person has complied with the notice under subsection(1)
shall be sufficient warrant for the Superintendent of
Prison to discharge such person.
6.
No legal proceedings shall be instituted or
maintained against the Government, an officer of the
Agency, a public officer or any other person, in
respect of anything lawfully done under this section.
Section 41
1.
The Public Prosecutor may at any time amend or
revoke any order or notice which has been made or given
by him in exercise of any power conferred on the Public
Prosecutor under this Act, but any such revocation
order or shall not be a bar to any fresh order being
made or notice being given in the exercise of such
power or other powers conferred on the Public
Prosecutor under this Act, at any time thereafter,
against any person to whom the earlier order or notice
applied or in respect of any matter affected by the
40
earlier order or notice.
2.
A revocation or an amendment of an order or
notice under subsection (1) may contain provisions in
respect of any matter which is consequential, ancillary
or incidental to such revocation or amendment.
PART VI
EVIDENCE
Section 42
1.
Where in any proceedings against any person for
an offence under section 10, 11, 13, 14 or 15 it is
proved that any gratification has been accepted or
agreed to be accepted, obtained or attempted to be
obtained, solicited, given or agreed to be given,
promised, or offered, by or to the accused, the
gratification shall be presumed to have been corruptly
accepted or agreed to be accepted, obtained or
attempted to be obtained, solicited, given or agreed to
be given, promised or offered as an inducement or
a reward for or on account of the matters set out in
the particulars of the offence, unless the contrary is
proved.
2.
Where in any proceedings against any person for
an offence under section 161, 162, 163 or 164 of the
Penal Code15, it is proved that such person has accepted
or agreed to accept, or obtained or attempted to obtain
any gratification, such person shall be presumed to
have done so as a motive or reward for the matters set
out in the particulars of the offence, unless the
contrary is proved.
3.
Where in any proceedings against any person for
an offence under section 165 of the Penal Code it is
proved that such person has accepted or attempted to
obtain any valuable thing without consideration or for
a consideration which such person knows to be
inadequate, such person shall be presumed to have done
so with such knowledge as to the circumstances as set
out in the particulars of the offence, unless the
contrary is proved.
15
Act No. 574, Penal Code.
41
4.
Where in any proceedings against any person for
an offence under paragraph 137(1)(b) of the Customs Act
196716, it is proved that any officer of customs or other
person duly employed for the prevention of smuggling
has accepted, agreed to accept or attempted to obtain
any bribe, gratuity, recompense, or reward, such
officer or person shall be presumed to have done so for
the neglect or non-performance of his duty as set out
in the particulars of the offence, unless the contrary
is proved.
Section 43
In any proceedings against any person for an offence under section 10, 11, 13, 14
or 15 of this Act, or under section 161, 162, 163, 164, 165, 213, 214 or 215 of the Penal
Code, or under paragraph 137(1)(b) of the Customs Act 1967, it may be proved that at or
about the time of the alleged offence, or at any time thereafter, the accused, or any relative or
associate of his;
(a) held any property for which he, or his
relative or associate, as the case may be, is
unable to give a satisfactory account as to
how he came into its ownership, possession,
custody or control; or
(b) had entered into any dealing for the
acquisition of any property and he is unable
to  satisfactorily  account  for  the
consideration for which it is to be acquired,
and the evidence in relation thereto shall be presumed to corroborate any evidence relating
to the commission of the offence.
Section 44
1.
Notwithstanding any written law or rule of law
to the contrary, in any proceedings against any person
for an offence under this Act-
(a) no witness shall be regarded as an accomplice
by reason only of such witness having-
(i) accepted, received, obtained, solicited,
agreed to accept or receive, or
attempted to obtain any gratification
from any person;
16
Act No. 235/1967
42
(ii) given, promised, offered or agreed to
give any gratification; or
(iii) been in any manner concerned in the
commission of such offence or having
knowledge of the commission of the
offence;
(b) no agent provocateur, whether he is an
officer of the Agency or not, shall be
presumed to be unworthy of credit by reason
only of his having attempted to commit, or to
abet, having abetted or having been engaged
in a criminal conspiracy to commit, such
offence if the main purpose of such attempt,
abetment or engagement was to secure evidence
against such person; and
(c) any statement, whether oral or written, made
to an agent provocateur by such person shall
be admissible as evidence at his trial.
2.
Notwithstanding any written law or rule of law
to the contrary, a conviction for any offence under
this Act solely on the uncorroborated evidence of any
accomplice or agent provocateur shall not be illegal
and no such conviction shall be set aside merely
because the court which tried the case has failed to
refer in the grounds of its judgement to the need to
warn itself against the danger of convicting on such
evidence.
Section 45
1.
In any trial or inquiry by a court into an
offence under this Act, any statement, whether the
statement amounts to a confession or not or is oral or
in writing, made at any time, whether before or after
the person is charged and whether in the course of an
investigation or not and whether or not wholly or
partly in answer to questions, by an accused person to
or in the hearing of any officer of the Agency, whether
or not interpreted to him by any other officer of the
Agency or any other person, whether concerned or not in
the arrest of that person, shall, notwithstanding any
written law or rule of law to the contrary, be
admissible at his trial in evidence and, if that person
tenders himself as a witness, any such statement may be
used in cross-examination and for the purpose of
43
impeaching his credit.
2.
No statement made under subsection (1) shall be
admissible or used as provided for in that subsection
if the making of the statement appears to the court to
have been caused by any inducement, threat or promise
having reference to the charge against the person,
proceeding from a person in authority and sufficient in
the opinion of the court to give that person grounds
which would appear to him reasonable for supposing that
by making it he would gain any advantage or avoid any
evil of a temporal nature in reference to the
proceedings against him.
3.
Where any person is arrested or is informed that
he may be prosecuted for any offence under this Act, he
shall be served with a notice in writing, which shall
be explained to him, to the following effect:
"You have been arrested/informed that you may be
prosecuted for .... (the possible offence under
this Act). Do you wish to say anything? If there
is any fact on which you intend to rely in your
defence in court, you are advised to mention it
now. If you hold it back till you go to court,
your evidence may be less likely to be believed
and this may have a bad effect on your case in
general. If you wish to mention any fact now, and
you would like it written down, this will be done.".
4.
Notwithstanding subsection (3), a statement by
any person accused of any offence under this Act made
before there is time to serve a notice under that
subsection shall not be rendered inadmissible in
evidence merely by reason of no such notice having been
served on him if such notice has been served on him as
soon as is reasonably possible thereafter.
5.
No statement made by an accused person in answer
to a written notice served on him pursuant to
subsection (3) shall be construed as a statement caused
by any inducement, threat or promise as is described in
subsection (2), if it is otherwise voluntary.
6.
Where in any criminal proceedings against a
person for an offence under this Act, evidence is given
that the accused, on being informed that he might be
prosecuted for it, failed to mention any such fact,
being a fact which in the circumstances existing at the
time he could reasonably have been expected to mention
when so informed, the court, in determining whether
44
the prosecution has made out a prima facie case against
the accused and in determining whether the accused is
guilty of the offence charged, may draw such inferences
from the failure as appear proper; and the failure may,
on the basis of those inferences, be treated as, or as
capable of amounting to, corroboration of any evidence
given against the accused in relation to which the
failure is material.
7.
Nothing in subsection (6) shall in any criminal
proceedings;
(a) prejudice the admissibility in evidence of
the silence or other reaction of the accused
in the face of anything said in his presence
relating to the conduct in respect of which
he is charges in so far as evidence thereof
would be admissible apart from that
subsection; or
(b) be taken to preclude the drawing of any
inference from any such silence or other
reaction of the accused which could be drawn
apart from that subsection.
Section 46
Notwithstanding any written law to the contrary, in any proceedings against any
person for an offence under this Act;
(a) any statement made by any person to an
officer of the Agency in the course of an
investigation under this Act; and
(b) any document, or copy of any document, seized
from any person by an officer of the Agency
in exercise of his powers under this Act or
by virtue of this Act,
shall be admissible in evidence in any proceedings under this Act before any court,
where the person who made the statement or the document or the copy of the document is
dead, or cannot be traced or found, or has become  incapable  of giving  evidence,  or
whose attendance cannot be procured without an amount of delay or  expense which
appears to the court unreasonable.
Section 47
45
1.
A certificate issued by a principal or an
officer on behalf of his principal shall be admissible
in evidence in any proceedings against any person for
any offence under this Act as prima facie proof that
the person named in such certificate-
(a) held the position, office or capacity as
specified in such certificate and for such
period as so specified; and
(b) received the emoluments as specified in such
certificate.
2.
A certificate issued under subsection (1) shall
be prima facie proof that it was issued by the person
purporting to issue it as principal or on behalf of the
principal without proof of the signature of the person
who issued such certificate and without proof of the
authority of such person to issue it.
Section 48
1.
Where any document which is to be used in any
proceedings against any person for an offence under
this Act is in a language other than the national
language or the English language, a translation of such
document into the national language or the English
language shall be admissible where the translation is
accompanied by a certificate of the person who
translated the document setting out that it is a true
and faithful translation and the translation had been
done by such person at the instance of the Public
Prosecutor or an officer of the Agency.
2.
Subsection (1) shall apply to a document which
is translated, regardless whether the document was made
within or outside Malaysia, or whether the translation
was done within or outside Malaysia, or whether
possession of such document was obtained by the
prosecution within or outside Malaysia.
Section 49
In any civil or criminal proceedings under this Act,
evidence shall not be admissible to show that any such
gratification as is mentioned in this Act is customary
in any profession, trade, vocation or calling or on
a social occasion.
46
PART VII
PROSECUTION AND TRIAL OF OFFENCES
Section 50
A prosecution for an offence under this Act shall not be instituted except by or
with the consent of the Public Prosecutor.
Section 51
Notwithstanding anything contained in section 164 of the Criminal Procedure
Code, where a person is accused of more than one offence under this Act he may be
charged with and tried at one trial for any number ofsuch offences committed within the
space of any length of time.
Section 52
1.
Whenever two or more persons are charged with
an offence under this Act the court may, on an
application in writing by the Public Prosecutor,
require one or more of them to give evidence as a
witness or witnesses for the prosecution.
2.
Any person referred to in subsection (1) who
refuses to be sworn or to be affirmed to answer any
lawful question shall be dealt with in the same
manner as witnesses so refusing may by law be dealt
with by the court.
3.
Every person required to give evidence under
subsection (1) who, in the opinion of the court,
makes a true and full discovery of all things as to
which he is lawfully examined, shall be entitled to
receive a certificate of indemnity under the seal of
47
the court stating that he has made a true and full
discovery of all things as to which he was examined,
and such certificate shall be a bar to all legal
proceedings against him in respect of all such things.
4.
An application by the Public Prosecutor under
subsection (1) may be presented to the court by the
officer conducting the prosecution.
Section 53
1.
Subject to subsection (2), where any complaint
made by an officer of the Agency states that the
complaint is made in consequence of information
received by the officer making the complaint, the
information referred to in the complaint and the
identity of the person from whom such information is
received shall be secret between the officer who made
the complaint and the person who gave the information,
and everything contained in such information, the
identity of the person who gave the information and
all other circumstances relating to the information,
including the place where it was given, shall not be
disclosed or be ordered or required to be disclosed
in any civil, criminal or other proceedings in any
court, tribunal or other authority.
2.
If any book, paper or other document, or any
visual or sound recording, or other matter or
material which is given in evidence or liable to
inspection in any civil, criminal or other
proceedings in any court, tribunal or other authority
as are referred to in subsection (1) contains any
entry or other matter in which any person who gave
the information is named or described or shown, or
which might lead to his discovery, the court before
which the proceedings are held shall cause all such
parts thereof or passages therein to be concealed
from view or to be obliterated or otherwise removed
so far as is necessary to protect such person from
discovery.
3.
Any person who gives the information referred
to in subsection (1) knowing that the information is
false shall be guilty of an offence and shall on
conviction be liable to imprisonment for a term not
exceeding ten years, and shall also be liable to a
fine not exceeding one hundred thousand ringgit; and
for the purposes of any investigation into, or
prosecution of, any offence under this subsection,
48
subsections (1) and (2) shall not apply.
PART VIII
GENERAL
Section 54
No legal proceedings, civil or criminal, shall be instituted against any officer of the
Agency or any other person assisting such officer for any act which is done in good faith or
for any omission which is omitted in good faith by such officer or other person.
Section 55
1.
The provisions of this Act shall, in relation
to citizens and permanent residents of Malaysia, have
effect outside as well as within Malaysia, and when
an offence under this Act is committed in any place
outside Malaysia by any citizen or permanent resident,
he may be dealt with in respect of such offence as if
it was committed at any place within Malaysia.
2.
Any proceeding against any person under this
section which would be a bar to subsequent
proceedings against such person for the same offence
if such offence was committed in Malaysia shall be
a bar to further proceedings against him under any
written law relating to the extradition of persons,
in respect of the same offence, outside Malaysia.
Section 56
Notwithstanding any other written law to the contrary, the provisions of this Act
shall apply to a prescribed offence  regardless of whether the prosecution or any other
proceedings in respect of such offence are instituted or taken by an officer of the Agency, or
a police officer or customs officer, or any other officer having powers to investigate,
prosecute or take any proceedings in respect of such offence.
49
Section 57
Any person  who fails to comply with any provision of this Act or  any order,
direction or notice given by or on behalf of a court, the Public Prosecutor, or an officer of
the Agency in the exercise of his functions under this Act, shall be guilty of an
offence.
General penalty.
Section 58
Every person convicted of an offence under this Act for which no penalty is
specifically provided shall be liable to a fine not exceeding ten thousand ringgit or to
imprisonment for a term not exceeding two years or to both.
Section 59
Nothing contained in this Act shall derogate from the powers of a police officer to
investigate into any offence under this Act and to prosecute any person in respect of any
such offence, so long as the provisions of this Act are complied with.
Section 60
1.
The Minister may, from time to time, by order
published in the Gazette, prescribe any offence under
any written law to be a prescribed offence.
2.
The Minister may make rules for the further,
better and more convenient carrying out of the
provisions of this Act, and without prejudice to the
generality of this provision, the Minister may make
rules for;
(a) providing for the form of any notice,
order, declaration or other matter under
this Act; and
(b) providing for the service or delivery of
any notice, order, direction, instruction,
requirement or other thing lawfully done
under this Act.
50
Repeal.
Section 61
The Prevention of Corruption Act 196117  and the Anti-Corruption Agency Act
198218 are repealed.
Transitional.
Section 62
1.
Any act done or action taken prior to the
commencement of this Act by an officer of the Anti-
Corruption Agency established under the Anti-
Corruption Agency Act 1982 shall be deemed to have
been done or taken under this Act and may accordingly
be continued by the officer.
2.
Any order made under section 6 of the Anti-
Corruption Agency Act 1982 and in force immediately
before the commencement of this Act shall, upon the
commencement of this Act, continue to remain in full
force and may be revoked or amended in accordance
with this Act.
3.
The provisions of this Act which relate solely
to procedure or evidence shall apply to any offence
against the laws repealed under section 61 and such
provisions may be used in the course of any pending
investigations and in any court proceedings
instituted before or after the commencement of this
Act in respect of such offence.
17
Act No. 57/1961
18
Act No. 271/1982
51