No need for new laws to tackle misconduct, misuse of public funds, say lawyers

 Lawyer Shukor Ahmad says an existing committee tasked with reviewing Malaysia’s core criminal laws is best positioned to deal with the matter.

MACC chief commissioner Azam Baki recently proposed a Public Office Misconduct Act to address potentially criminal conduct highlighted in the auditor‑general’s reports.

PETALING JAYA:

 Lawyers have shot down the Malaysian Anti‑Corruption Commission’s call for new legislation to address misconduct in public office and the misuse of funds by non‑governmental organisations, arguing it would drain valuable resources.

They said existing laws could instead be amended to give law enforcement agencies more teeth to pursue convictions and empower the courts to impose punishments commensurate with such offences.

The lawyers pointed out that the government had last year established a committee to review and reform Malaysia’s core criminal laws, including the Penal Code, the Criminal Procedure Code, and the Evidence Act 1950.

Abdul Shukor Ahmad.

Lawyer Shukor Ahmad said the committee, led by retired Federal Court judge Harminder Singh Dhaliwal, was best placed to propose enhancements to existing legislation to address the MACC’s concerns.

“In the past, we did not introduce specific legislation to combat terrorism but merely included new provisions in the Penal Code,” he said, explaining how terrorism-related offences were introduced without need for standalone legislation.

Shukor was commenting after MACC chief commissioner Azam Baki on Monday proposed the enactment of a Public Office Misconduct Act to address potentially criminal conduct highlighted in the auditor‑general’s reports.

Azam had also proposed the establishment, through legislation, of a welfare commission to prevent the misuse of donations collected by NGOs.

Shukor expressed concern that enacting a separate law targeting civil servants may give rise to a constitutional issue as Article 8 of the Federal Constitution guarantees equality and equal protection of the law.

He also acknowledged that while civil action against errant public officials for misfeasance in public office was possible, the demarcations of what amounts to criminal misconduct remain “very vague.”

“But if corruption or abuse of power were involved, then provisions of the MACC Act 2009 will come into play,” he told FMT.

Shukor said civil servants could also face disciplinary action for misconduct, exposing them to various forms of punishment, including dismissal from service.

Amer Hamzah Arshad.

Lawyer Amer Hamzah Arshad pointed out that the Penal Code already contains a specific chapter that addresses offences committed by public servants, including accepting gratification or obtaining valuable items without consideration.

He said the chapter could be amended to include the various scenarios highlighted by the MACC chief, including the misappropriation of public funds by public servants.

“If necessary, the term ‘public servant’ in the Penal Code could be renamed ‘public official,’ with its definition expanded.

“The categories of individuals covered could be broadened to expressly include members of the federal and state government administrations, local authorities and other relevant statutory bodies,” he said.

Amer said the Societies Act 1966 could also be reviewed to empower the Registrar of Societies to address the misuse of funds collected from the public by non‑governmental organisations.

‘Sharper’ tools needed

Lawyer Kitson Foong said the laws proposed by the MACC appear redundant, noting that the necessary “tools” already exist but are underutilised.

Kitson Foong.

He acknowledged, however, that some fine‑tuning may be needed to bring the law up-to-speed.

“They will give the authorities a sharper set of tools to work with.

“Our current laws were built for 20th‑century crimes, yet we are now confronting 21st‑century ‘grand corruption’ and digital fundraising,” he told FMT.

Foong added that the proposed new laws would be meaningless without the political will to enforce it to the fullest.

“We do not necessarily need a bigger library of statutes. We need a more effective way to hold negligent custodians accountable,” he said. - FMT