theSun | TUESDAY DECEMBER 16 2008 3

news without borders

Husna Yusop and Tan Yi Liang at the Dewan Rakyat yesterday

Family members also liable
IN-LAWS, NEPHEWS,
NIECES, COUSINS, UNCLES
AND AUNTS FACE SAME
PUNISHMENT UNDER
MACC BILL
KUALA LUMPUR: Family members
abetting relatives involved in
corruption will receive the same
punishment as the guilty party
as the term “family members”
has been better defined under
the Malaysian Anti-Corruption
Commission (MACC) Bill.
Minister in the Prime
Minister’s Department Datuk
Seri Mohamed Nazri Abdul Aziz
said that under the bill, the term
“family members” has been
broadened to include spouses,
children, uncles, aunts, cousins,
nephews and nieces and
in-laws.
“Under the Anti-Corruption
Act 1997 (ACA ’97), in-laws,
nephews and nieces, cousins,
uncles and aunts are not
included, which makes
prosecuting them difficult,” he
said when tabling the bill for
second reading.
Mohamed Nazri explained
that the new provisions were
included in Clauses 23 and
36 of the bill and offenders
could be jailed not more than 20
years or fined not less than five
times the amount of the bribe or a
minimum of RM10,000, whichever
is higher.
The penalty also applies to any
foreign public official who abuses his position
to accept bribes.
Mohamed Nazri said this came under
Clause 22 of the bill and was something
new and in line with Article 16 of the United
Nations Convention Against Corruption
(UNCAC), which was ratified by Malaysia last
September.
Insufficient protection for
Nazri with Prime
Minister Datuk
Seri Abdullah
Ahmad Badawi
at the Parliament
yesterday.
Besides this, he said, the bill called for the
abolishment of the minimum jail sentence
contained in ACA ’97, set at 14 days.
However, the maximum at 20 years and
the minimum fine of RM10,000 remain
unchanged.
On the same matter, Mohamed Nazri
said the Public Services Department had
We’ll support bill if
approved the staff strength of the Anti-
Corruption Agency (ACA) from the 500 at
present to 900 next year.
The ACA’s staff strength would be
gradually increased to reach 5,000 personnel
in five years, he said.
This would help the agency increase
efficiency and effectiveness. – Bernama
Judges’ ethics
committee
to be set up
THE Judges’ Ethics Committee Bill was
tabled for first reading by Minister in the
Prime Minister’s Department Datuk Seri Mo-
hamed Nazri Abdul Aziz yesterday, meant
to establish a committee to deal with any
judge who has breached the Judges’ Code
of Ethics 2008.
This is provided the chief justice of the
Federal Court is of the opinion that such a
breach does not warrant the judge being
referred to a tribunal appointed under
Clause (4) of the Federal Constitution.
According to the explanatory state-
ment of the bill, the committee was
envisaged by Clause (3A) of Article 125
of the constitution.
The bill seeks to deal with matters
relating to the conduct and discipline
of all judges other than the removal
of a judge from office.
It also deals with the membership
of the committee and appointment
of substitute members.
It imposes a duty on the com-
mittee to abide by the principles and
procedures set out in the proposed
bill and the code of ethics and requires
the proceedings of the committee to be
conducted in camera.
The bill requires a member of the com-
mittee to disclose his interest in any disci-
plinary proceedings conducted and in such
a case, the member is prohibited from taking
part in the deliberation or decision-making
process.
It also provides that where a unanimous
decision could not be achieved, the deci-
sion of the majority will be followed and the
decision of the committee shall be final and
conclusive and not to be challenged in any
court.
Where’s code, ask
Karpal and Gobind
FATHER-AND-SON MPs Karpal Singh (DAP-
Bukit Jelutong) and Gobind Singh Deo
(DAP-Puchong) questioned the tabling of the
Judges’ Ethics Committee Bill when, they said,
the main reference of the bill – the Judges’
Code of Ethics 2008 – was non-existent.
Karpal told a press conference at the
Parliament lobby: “The 1994 (judges’) code
of ethics must be repealed by the 2008 code
of ethics, the one which is intended to be
brought in force. Both cannot remain.
“The 2008 code of ethics is not in
existence. We do not know what it is. It is

whistleblowers: Khairy
THE Malaysian Anti-Corruption Commission Bill is
insufficient to protect potential whistleblowers and
witnesses, Rembau MP Khairy Jamaluddin said.
“The bill is not wide enough to protect whistle-
blowers and witnesses. We need a Whistleblowers
and Witness Protection Act that can be complemen-
tary (to the MACC Bill),” he said.
Such an act was necessary to ensure that those
reporting felt safe to come forward.
“The acts can be separate, one for whistle-
blowers and one for witnesses. Both are different but they can also be
merged,” he said.
Khairy said there should be a fair composition on the Special Committee
on Corruption to retain public confidence in the commission.
“I hope that through convention, we will see a representation (on the
MACC Special Committee) that is proportionate to the representation in the
Dewan Rakyat,” he said.
“If this is not done, the rakyat will question the committee and the com-
mission because we set this commission up to show that the government is
sincere in eradicating corruption. So, once you have set up this commission,
I do not think that the government will want to see it fail just because of the
membership of the committee,” he said.
He said it would be “irresponsible” if the composition of the committee
caused the commission to lose credibility.
“It is imperative for the government to recommend to the prime minister
and the King that the membership is at least proportionate, or has a meaning-
ful representation, by the Opposition,” he said, describing the current mix of
powers between Parliament and the executive “the best of both worlds”.
“I think what you have for now is a hybrid, where it is not entirely under
executive control, and it is not entirely under parliamentary control either.
What you have now is you have evolved the ACA from being a creature of the
executive to one that has parliamentary oversight,” he said.
“So, maybe, instead of going all the way towards parliamentary jurisdiction,
you have a balance between executive responsibility over the commission
and parliamentary oversight.”
amendments made: Anwar
OPPOSITION Leader Datuk Seri Anwar Ibrahim
welcomed the government’s initiative on the
formation of the Malaysian Anti-Corruption Com-
mission (MACC) although he said there were still
some obvious flaws.
“Pakatan Rakyat would support the motion on
the MACC Act provided that important changes and
adjustments were made to give the commission more
freedom, including in terms of prosecution power,” he
said during the debate on the bill.
Anwar said that although the MACC bill provides for separation of power
between investigation and prosecution, it is still inadequate because at
the moment, the credibility and independence of the Attorney-General’s
Chambers are questionable.
Seeking an explanation, Khairy Jamaluddin (BN-Rembau) said the
MACC is better than Hongkong’s Independent Commission Against Cor-
ruption (ICAC) because it has special power to refer a case back to the
attorney-general (AG).
Anwar said the situation is different in Malaysia. “The ICAC has never
faced any problems to decide on the cases referred to the prosecutor. It was
just a matter of procedure. In the past 10 years, there were no objections at
all. But the problem in our country is very much different,” he said.
“Although the MACC would have more power, it is not enough. We
need a government guarantee that after going through the two processes
(investigation and prosecution), everything else would just be a matter of
procedure. But who actually has confidence in the A-G’s chambers and the
A-G himself? So, the institution should be strengthened first.”
Ismail Mohd Said (BN-Kuala Krau) asked about the withdrawal of
prosecution power from the ACA director-general in 1997.
To this, Anwar said the decision was made upon the advice of the A-G at
that time, who asked for the matter not to be debated further.
He also said that since the appointment of the chief commissioner and
advisory board would still be upon the advice of the prime minister, the
MACC would not be fully independent and could be exposed to “all kinds
of executive manipulations”.
extremely shoddy that the government
presents such a bill.”
According to Bernama, he likened the
tabling of the bill as “putting the cart before
the horse”.
Gobind said “key aspects” of the bill were
“left blank”.
“If you do not know what the code of
ethics is, and it is left blank, how do you even
debate a bill like this?” he asked.
Why company was
given LCCT job
PEMBINAAN Fajar Baru (Rembau) Sdn Bhd was
awarded the project to extend the low-cost
carrier terminal (LCCT) in Sepang because it
fulfilled certain criteria despite offering the third
lowest tender price.
Transport Minister Datuk Seri Ong Tee Keat
said the procurement board of Malaysia Air-
ports Holdings Bhd (MAHB) had selected the
company although its offer price was RM86.6
million, compared to RM85.2 million offered by
Jentayu Padu Sdn Bhd and RM78.9 million by
Consortium Venture Sdn Bhd Pembangunan
Mitrajaya.
In a written reply to Wee Choo Keong (PKR-
Wangsa Maju), Ong said the criteria that the
company, now known as Fajar Baru Builders
Sdn Bhd, had fulfilled included submitting a
complete proposal with easy calculations.
He said the company is also experienced in
building airports and has complete management
and equipment. And it was the only tender that
passed the technical evaluation.
In addition, it has a strong financial position.