Boleh OFFSET Ke? : Mujahid Dunggu Tak Faham Undang-Undang, Atuk Pun Tak Faham Undang-Undang

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Unknown commented on "Dr Mahathir Resets His Offset"
13 hours ago

WHILE the Airbus scandal has elicited multiple comments and opinions from observers, there’s none more controversial at the time of writing this than the comments of Prime Minister Tun Dr Mahathir Mohamad himself who was quoted by news portals MalaysiaKini and Free Malaysia Today stating that “If the money we obtain does not go into our own pocket but instead is meant for a certain purpose, then it becomes an offset and this is not bribery. That’s my view.” 

This view runs contradictory, however, to how the Malaysian law views the issue under the banner of dealing with “secret profits”. 

The term “secret profit” is generally defined and accepted as any bribe, or secret commission, or even any financial advantage which is not a part of the commission/remuneration that an agent has agreed to with his/her principal. 

To put it simply, based on the allegations against the two unnamed executives, they are not allowed to obtain any clandestine financial advantage from any third party when dealing on behalf of their principal (which is the company and its shareholders). 

The law presumes that as soon as a “secret profit” is obtained, the agent is affected to the detriment of his/her principal. It is not necessary to prove dishonest action, or even improper use of position  

https://malaysia.my