West Malaysia-16th November, 1961;

Sabah-3rd February, 1966;

Sarawak-7th March, 1968]

PART I

PRELIMINARY

1. Short title.

This Act may be cited as the Prevention of Corruption Act, 196 1.

2. Interpretation.

In this Act, unless the context otherwise requires-

“agent” means any person employed by or acting for another, and includes a trustee, administrator and executor, and a person serving under any public body, and for the purposes of section 14 includes a sub-contractor and any person employed by or acting for such sub-contractor;

“Gratification” includes-

(a) Money or any gift, loan, fee, reward, valuable security or other property or interest in property of any description, whether movable or immovable;

(b) Any office, dignity, employment, contract 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 whatsoever, 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 aid, vote, consent or influence, or pretended aid, vote, consent or influence, and any promise or procurement of, or agreement or Endeavour to procure, or the holding out of any expectation of, any gift, loan, fee, reward, consideration or gratification within the meaning of this paragraph;

(g) any other service, favor or advantage of any description whatsoever, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary or penal 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

(h) Any offer, undertaking or promise of any gratification within the meaning of paragraphs (a) to (g);

“Offence under this Act” means an offence punishable under section 3, 4, 5, 7, 8 or 9 and includes-

(a) An attempt to commit any such offence;

(b) An abetment of or a criminal conspiracy to commit (as those terms are defined in the Penal Code) any such offence, whether or not the offence is committed in consequence thereof;

“prescribed offence” means an offence punishable under section 161, 162, 163, 164, 165, 213, 214 or 215 of the Penal Code or section 137 of the Customs Act, 1967, and includes –

(a) An attempt to commit any such offence;

(b) An abetment of or a criminal conspiracy to commit (as those terms are defined in the Penal Code) any such offence, whether or not the offence is committed in consequence thereof;

“principal” includes any employer, any beneficiary under a trust, and any trust estate (as though it were a person), any person beneficially interested in the estate of a deceased person, the estate of a deceased person (as though it were a person) and, in the case of any person serving under a public body, the public body;

“Public body” includes-

(a) The Government of Malaysia;

(b) The Government of a State;

(c) Any department, service or undertaking of the Government of Malaysia or a State;

(d) any corporation, council, board, commissioners or other body which has power to act under and for the purpose of any written law in force in Malaysia or any part thereof relating to local government, public health or undertakings of public utility, or otherwise has power to administer funds belonging to any Government in Malaysia, or money raised by rates, taxes or charges in pursuance of any written law in force in Malaysia or any part thereof;

“Public officer” includes any person in the permanent or temporary employment of a public body.

PART II

OFFENCES AND PENALTIES

3. Punishment of corruption.

Any person who shall by himself or by or in conjunction with any other person-

(a) Corruptly solicit or receive or agree to receive for himself or for any other person; or

(b) Corruptly give, promise or offer to any person whether for the benefit of that person or of another person,

Any gratification as an inducement to or reward for, or otherwise on account of-

(I) any person doing or forbearing to do anything in respect of any matter or transaction whatsoever, actual or proposed or likely to take place;

(ii) any member, officer, or servant of a public body doing or forbearing to do anything in respect of any matter or transaction whatsoever, actual or proposed or likely to take place, in which the public body is concerned,

Shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringed or to imprisonment for a term not exceeding five years or to both.

4. Punishment of corrupt transactions with agents.

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 reward for doing or forbearing to do, or for having after the coming into operation of this Act done or forborne to do, any act in relation to his principal’s affairs or business, or for showing or forbearing to show favor or disfavor 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 reward for doing or forbearing to do, or for having after the coming into operation of this Act done or forborne to do any act in relation to his principal’s affairs or business, or for showing or forbearing to show favor or disfavor 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 and shall, on conviction, be liable to a fine not exceeding ten thousand ringed or to imprisonment for a term not exceeding five years or to both.

5. Increase of maximum penalty in certain cases.

A person convicted of an offence under section 3 or 4 shall, where the matter or transaction in relation. to which the offence was committed was a contract or a proposal for a contract with any public body, or a sub-contract to execute any work comprised in such a contract, be liable to a fine not exceeding ten thousand ringed or to imprisonment for a term not exceeding seven years or to both.

6. Acceptor of gratification to be guilty notwithstanding that purpose not carried out, etc.

(1) Where in any proceedings against any agent for any offence under section 4 (a) it is proved that he corruptly accepted, obtained or agreed to accept or attempted to obtain any gratification having reason to believe or suspect that the gratification was offered as an inducement or reward for his doing or forbearing to do any act or for showing or forbearing to show any favor or disfavor to any person in relation to his principal’s affairs or business he shall be guilty of an offence under that section notwithstanding that he did not have the power, right or opportunity so to do, show or forbear or that he accepted the gratification without intending so to do, show or forbear or that he did not in fact so do, show or forbear or that the act, favor or disfavor was not in relation to his principal’s affairs or business.

(2) Where in any proceedings against any person for any offence under section 4 (b) it is proved that he corruptly gave, agreed to give or offered any gratification to any agent as an inducement or reward for doing or forbearing to do any act or for showing or forbearing to show any favor or disfavor 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, favor or disfavor was in relation to his principal’s affairs or business he shall be guilty, of an offence under that section notwithstanding that the agent had no power, right or opportunity or that the act, favor or disfavor was not in relation to his principal’s affairs or business.

7. Corruptly procuring withdrawal of tenders.

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 a tender made by him for such contract,

Shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringed or to imprisonment for a term not exceeding seven years or to both.

8. Bribery of member of legislature.

Any person who offers to a member of Parliament or a State Legislative Assembly, or, being a member thereof solicits or accepts, any gratification as an inducement or reward for his doing or forbearing to do any act or for showing or forbearing to show any favor or disfavor in his capacity as member, shall, notwithstanding that the member did not have the power, right or opportunity so to do, show or forbear, or that he did not in fact so do, show or forbear, or that the inducement or reward was not in relation to the affairs of Parliament or a State Legislative Assembly, as the case may be, be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringed or to imprisonment for a term not exceeding seven years or to both.

9. Bribery of member of public body.

Any person who offers to a member of any public body, or, being a member of any public body solicits or accepts any gratification as an inducement or reward for-

(a) The member voting or abstaining from voting at any meeting of the public body in favor of or against any measure, resolution or question submitted to the public body;

(b) the member performing, or abstaining from performing, or aiding in procuring, expediting, delaying, hindering or preventing the performance of, any official act;

(c) The member aiding in procuring or preventing the passing of any vote or the granting of any contract or advantage in favor of any person; or

(d) The member showing or forbearing to show any favor or disfavor in his capacity as a member,

shall, notwithstanding that the member 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 and shall. On conviction, be liable to a fine not exceeding ten thousand ringed or to imprisonment for a term not exceeding seven years or to both.

10. Obstruction of search.

Any person who-

(A) Refuses any police officer acting in the execution of his duty under this Act access to any place;

(b) assaults, obstructs, hinders or delays him in effecting any entrance which he is entitled to effect under this Act or in the execution of any duty imposed or power conferred by this Act;

(c) Fails to comply with any lawful demands of a police officer acting in the execution of his duty under this Act; or

(d) Refuses or neglects to give any information which may reasonably be required of him and which he has it in his power to give,

Shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringed or to imprisonment for a term not exceeding one year or to both.

11. Abetment of commission of offence outside Malaysia.

Whoever abets, within the meaning of the Penal Code, the commission outside Malaysia of any act in relation to the affairs or business or on behalf of a principal residing in Malaysia, which if committed in Malaysia would be an offence under this Act, shall, whether or not the act is committed in consequence of the abetment, be deemed to have committed that offence and be punishable accordingly.

12. Duty of public officer to whom a gratification is given or offered.

A member of Parliament, a member of a State Legislative Assembly, a member of a public body or a public officer to whom any gratification is corruptly given, promised or offered shall at the earliest possible opportunity thereafter report the gift, promise or offer, together with the name, if known, of the person who gives, promises or offers the gratification to him, to the nearest police officer; and if he fails to do so without reasonable excuse he shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five hundred ringed or to imprisonment for a term not exceeding six months or to both.

13. When penalty to be imposed in addition to other punishment.

Where a court convicts any person of an offence committed by the acceptance of any gratification in contravention of any provision of this Act, then, if that gratification is a sum of money or if the value of that gratification can be assessed, the court shall, in addition to imposing on that person any other punishment, order him to pay as a penalty, within the time and to the body and in the manner specified in the order, a sum which is equal to the amount of that gratification or is, in the opinion of the court, the value of that gratification, and any such penalty shall be recoverable as a fine.

PART III

EVIDENCE

14. Presumption of corruption in certain cases.

Where in any proceedings against a person for an offence under section 3 or 4 it is proved that any gratification has been paid or given to or received by a person in the employment of any public body, the gratification shall be deemed to have been paid or given and received corruptly as an inducement or reward as hereinbefore mentioned, unless the contrary is proved.

15. Admissibility of statements to police officers.

(1) In any trial or inquiry by a court into an offence under this Act or into a prescribed offence any statement by an accused person, 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 a police investigation or not and whether or not wholly or partly in answer to questions, by the person to or in the hearing of any police officer, whether or not interpreted to him by any other police officer or any other person concerned, or not, in the arrest, shall, notwithstanding anything to the contrary contained in any written law, be admissible at his trial in evidence and, if the person tenders himself as a witness, any such statement may be used in cross-examination and for the purpose of impeaching his credit:

Provided that no such statement shall be admissible or used as aforesaid-

(a) 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 that 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 proceeding against him; or

(b) in the case of a statement made by that person after his arrest, unless the court is satisfied that, before making the statement, a caution was administered to him in the following words or words to the like effect: “It is my duty to warn you that you are not obliged to say anything or to answer any question, but anything you say, whether in answer to a question or not, may be given in evidence”.

(2) Notwithstanding anything to the contrary contained in any written law a person accused of any offence referred to in subsection (1) shall not be bound to answer any questions relating to the offence after any such caution as aforesaid has been administered to him.

16. Evidence of custom inadmissible.

In any civil or criminal proceeding 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, and vocation or calling.

17. Evidence of pecuniary resources or property.

(1) In any trial or inquiry by a court into an offence under this Act or into a prescribed offence the fact that an accused person is in possession, for which he cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income, or that he had, at or about the time of the alleged offence, obtained an accretion to his pecuniary resources or property for which he cannot satisfactorily account, may be proved and may be taken into consideration by – the court as corroborating the testimony of any witness in the trial or inquiry that the accused person accepted or obtained or agreed to accept or attempted to obtain any gratification and as showing that the gratification was accepted or obtained or agreed to be accepted or attempted to be obtained corruptly as an inducement or reward.

(2) An accused person shall, for the purposes of subsection (1), be deemed to be in possession of resources or property or to have obtained an accretion thereto where the resources or property are held or the accretion is obtained by any other person who, having regard to his relationship to the accused person or to any other circumstances, there is reason to believe is holding the resources or property or has obtained the accretion in trust for or on behalf of or, as a gift from, the accused person.

18. Evidence of accomplice.

Notwithstanding any rule of law or written law to the contrary, no witness shall, in any such trial or inquiry as is referred to in section 17, be presumed to be unworthy of credit by reason only of any payment or delivery by him or on his behalf of any gratification to an agent or member of a public body.

19. Examination of offenders.

(1) Whenever two or more persons are charged with an offence under this Act or with any prescribed offence the court may 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 answer any lawful question shall be dealt with in the same manner as witnesses so refusing may by law be dealt with by a Magistrate’s Court or Sessions Court, as the case may be.

(3) Every person required to give evidence under subsection (1), who in the opinion of the court makes 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 hand of the Magistrate or Sessions Court Judge as the case may be, 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 as aforesaid.

20. Protection of informers.

(1) Except as hereinafter provided, no complaint as to an offence under this Act or any prescribed offence shall be admitted in evidence in any civil or criminal proceeding whatsoever, and no witness shall be obliged or permitted to disclose the name or address of any informer, or state any matter which might lead to his discovery.

(2) If any books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceeding whatsoever contain any entry in which any informer is named or described or which might lead to his discovery, the court before which the proceeding is had shall cause all such passages to be concealed from view or to be obliterated so far as is necessary to protect the informer from discovery, but no further.

(3) If in any proceeding relating to an offence under this Act or a prescribed offence the court, after full inquiry into the case, is of opinion that the informer willfully made in his complaint a material statement which he knew or believed to be false or did not believe to be true, or is of opinion that justice cannot be fully done between the parties thereto without the discovery of the informer, the court may require the production of the original complaint, if in writing, and permit inquiry and require full disclosure concerning the informer.

PART IV

POWERS OF POLICE

21. Powers of search and seizure.

(1) Whenever it appears to any Magistrate upon information and after such inquiry as he thinks necessary that there is reasonable cause to believe that in any place there is any evidence of the commission of an offence under this Act, or of any prescribed offence, he may, by warrant directed to any police officer empower the officer to enter the place, by force if necessary, and there to search for, seize and detain any such evidence.

(2) Whenever it appears to any police officer of or above the rank of Inspector that there is reasonable cause to believe that in any place there is concealed or deposited any evidence of the commission of an offence under this Act, or of any prescribed offence, and the police officer has reasonable grounds for believing that by reason of the delay in obtaining a search warrant the object of the search is likely to be frustrated, he may exercise in and in respect of the place all the powers mentioned in subsection (1) in as full and ample a measure as if he were empowered to do so by warrant issued under the subsection.

22. Legal obligation to give information.

Every person required by a police officer to give any information on any subject which it is the police officer’s duty to inquire into under this Act or any prescribed offence and which it is in his power to give, shall be legally bound to give the information.

PART V

PROVISIONS RELATING TO THE PUBLIC PROSECUTOR

23. Special powers of investigation.

(1) Notwithstanding anything in any other law contained, the Public Prosecutor, if satisfied that there are reasonable grounds for suspecting that an offence under this Act, or any prescribed offence, has been committed by any person, May by order authorize any police officer of or above the rank. Of Assistant Superintendent named in the order to make an investigation in the matter in such manner or mode as may be specified in the order. The order may authorize the investigation of any bank account, share account or purchase account, expense account or any other. Account or any safe deposit box in any bank, and shall be sufficient authority for the disclosure or production by any person of all or any information or accounts or documents or articles as may be required by the officer so authorized.

(2) Any person who fails or refuses to disclose any such information or to produce any such accounts or documents or articles to the person so authorized shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringed or to imprisonment for a term not exceeding one year or to both.

24. Public Prosecutor’s powers to order inspection of bankers’ books.

(1) The Public Prosecutor may, if he considers that any evidence of the commission of an offence under this Act, or any prescribed offence, by a person in the service of a public body is likely to be found in any banker’s book relating to that person, his wife or child, or to a person reasonably believed by the Public Prosecutor to be an agent or trustee for that person, by order authorize any police officer of or above the rank of Assistant Superintendent named in the order to inspect any such book and the police officer so authorized may, at all reasonable times, enter the bank specified in the order and inspect the books kept therein and may take copies of any relevant entry in any such book.

(2) For the purpose of this section-

“bank” means any bank licensed under the Banking Act, 1973, and includes the Post Office Savings Bank established under any written law relating to Post Office Savings Banks, and any co-operative society registered under any written law relating to co-operative societies;

“Banker’s books” includes ledgers, day books, cash books, account books and all other books and documents used in the ordinary course of the ‘lousiness of a bank.

25. Public Prosecutor’s powers to obtain information.

(1) In the course of any investigation or proceedings into or relating to an offence under this Act, or any prescribed offence, by any person, the Public Prosecutor may, notwithstanding anything in any other written law to the contrary, by written notice-

(a) require any such person to furnish a sworn statement in writing enumerating all movable or immovable property belonging to or possessed be the person, his agent or trustee, and by the spouse, sons and daughters of the person, and specifying the date on which each of the properties enumerated was acquired whether by way of purchase, gift, bequest, inheritance or otherwise;

(b) Require any such person to furnish a sworn statement in writing of any money or other property sent out of Malaysia by him during the period specified in the notice;

(c) require any other person to furnish a sworn statement in writing enumerating all movable or immovable property belonging to or possessed by the person where the Public Prosecutor has reasonable grounds to believe that the information can assist the investigation;

(d) require the person in charge of any public body to produce or furnish, as specified in the notice, any document or a certified copy of any document which is in his possession or under his control;

(e) Require the manager of any bank to give copies of the accounts of the person or of the spouse or a son or daughter of the person at the bank.

(2) Every person to whom a notice is sent by the Public Prosecutor under subsection (1) shall, notwithstanding the provisions of an written law or any oath of secrecy 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 so to comply shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringed or to imprisonment for a term not exceeding one year or to both.

26. Prosecution of offences.

(1) A prosecution under this Act shall not be instituted except by or with the consent of the Public Prosecutor:

Provided that a person charged with such an offence may be arrested, or a warrant for his arrest may be issued and executed, and any person so arrested may be remanded in custody or on bail, notwithstanding that the consent of the Public Prosecutor to the institution of a prosecution for the offence has not been obtained, but the case shall not be further prosecuted until that consent has been obtained.

(2) When a person is brought before a court under this section before the Public Prosecutor has consented to the prosecution the charge shall be explained to him but he shall not be called upon to plead, and the provisions of the law for the time being in force relating to criminal procedure shall be modified accordingly.

PART VI

MISCELLANEOUS

27. Liability of citizen’s f or of fences outside Malaysia.

The provisions of this Act shall, in relation to citizens, have effect outside as well as within Malaysia; and where an offence under this Act, or any prescribed offence, is committed by any citizen in any place outside Malaysia he may be dealt with in respect of that offence as if it had been committed at any place within Malaysia at which he may be found or to which he may have been brought in consequence of any proceedings for his extradition to Malaysia from any place outside Malaysia:

Provided that any proceedings against any person under this section which would be a bar to subsequent proceedings against the person for the same offence if the offence had been committed in Malaysia shall be a bar to further proceedings against him under the Extradition Ordinance, 1958, in respect of the same offence outside Malaysia.

28. Trial of offences.

Notwithstanding the provisions of any written law to the contrary, a Sessions Court or, in Saba and Sarawak, the Court of a Magistrate of the First Class, shall have jurisdiction to try any offence under this Act, or any prescribed offence, and to award the full punishment for the offence.

29. Offences to be sizable.

Every offence under this Act and every prescribed offence shall be deemed to be a sizable offence for the purposes of the law for the time being in force relating to criminal procedure.

30. Principal may recover amount of secret gift.

(1) Where any gratification has in contravention of this Act been given by any person to an agent, the principal may recover as a civil debt the amount or the money value thereof either from the agent or from the person who gave the gratification to the agent, and no conviction or acquittal of the defendant in respect of an offence under this Act shall operate as a bar to proceedings for the recovery of such amount or money value.

(2) Nothing in this section shall be deemed to prejudice or affect any right which any principal may have under any written law or rule of law to recover from his agent any money or property.