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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

Act No. 125/1965

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);

Act No. 372/1989

Act No. 502/1993

"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;

Act No. 372/1989

Act No. 171/1976.

"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

Act No. 574 Penal Code.

Act No. 235/1967, Section 137.

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;

"senior officer of the Agency"

means the Director-General,

and

includes

Commissioner, a Deputy Commissioner,

a Senior Assistant Commissioner,

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

For the purpose of this Act, there is hereby

established the Anti-Corruption Agency.

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.

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.

The Director-General shall, during the period of his appointment as

set out in the instrument of appointment, hold office at the pleasure

the Yang di-Pertuan Agong, subject to the advice of the Prime

Minister.

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.

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

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).

There shall be issued to the Director-General a

certificate of appointment in the form of an authority

card as evidence of his appointment.

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

There shall be appointed such number of

Commissioners, Deputy Commissioners, Senior Assistant

Commissioners, Assistant Commissioners, Senior

Superintendents, Superintendents, Senior