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MCA has admitted it has RM2 billion in assets without being able to account for it and show where the money came from. The MCA President flew in Tiong’s private jet without paying while he is supposed to be investigating Tiong’s misconduct involving RM12.5 billion of the rakyat’s money. Tiong also gave the MCA President RM10 million in cash, which MCA says does not reflect in the party’s accounts book. Yet the MACC is still sleeping. Or are they actually sucking the dick of those who walk in the corridors of power?
NO HOLDS BARRED
Raja Petra Kamarudin
The MCA treasurer, Tan Sri Tee Hock Seng says, MCA has assets of RM2 billion. How did a political party amass such wealth? Did the office bearers of this political party use their public offices as Ministers, etc., to procure personal and political donations?
The Kuala Dimensi CEO, Datuk Seri Tiong King Sing, has accused the MCA President, Ong Tee Keat, of using his company’s private jet without paying and of receiving RM10 million in cash as a donation. Ong has admitted to the use of the jet but is now prepared to pay for it. Similar donations were also given to MCA Wanita Chief Datin Paduka Chew Mei Fun. Chew has not denied the donation but said it went to the party and not to her personally. These are admissions of "corrupt gratification" as defined in MACCA.
According to the MACCA, all the above are criminal acts and these people should be hauled in and charged. After all, they have not denied the act and have actually admitted to the allegations.
To assist the MACC, Malaysia Today is going to do some community service by helping the MACC with a short law lecture, which we will call ‘MACCA for MACC idiots’.
1.2 Corrupt Gratification
1.2.1 S. 3 Malaysian Anti-Corruption Commission Act 2009 (Act 694) (“MACCA”) :
“‘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, financial benefit, or any other similar advantage;
(b) any office, dignity, employment, contract of employment or services, and 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, including 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);”.
1.2.2 The MCA Ministers are clearly officers of a public body under s.3 MACCA:
“‘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.”
1.2.3 ‘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 society registered under subsection 7(1) of the societies Act 1966 [Act 335];
(f) any branch of a registered society established under section 12 of the societies Act 1966;
(g) any sports body registered under section 17 of the sports Development Act 1997 [Act 576];
(h) any co-operative society registered under section 7 of the co-operative societies Act 1993 [Act 502];
(i) any trade union registered under section 12 of the Trade Unions Act 1959 [Act 262];
(j) any youth society registered under section 9 of the Youth societies and Youth Development Act 2007 [Act 668];
(k) any company or subsidiary company over which or in which any public body as is referred to in paragraph (a),(b), (c), (d), (e), (f), (g), (h), (i) or (j) has controlling power or interest; or
(l) any society, union, organization or body as the Minister may prescribe from time to time by order published in the Gazette.”
1.2.4 s. 16 MACCA - Corrupt gratification is an offence whether it is for herself or for anyone else (the party). In case Datin Paduka Chew argues the offence refers to “him”, yes in today’s environment, the nyonya is also as rotten as the apek:
“Any person who by himself, or by or in conjunction with any other person-
(a) corruptly solicits or receives or agrees to receive for himself or for any other person; or
(b) corruptly gives, promises or offers to any person whether for the benefit of that person or of another person,
any gratification as an inducement to or a reward for, or otherwise on account of-
(A) any person doing or forbearing to do anything in respect of any matter or transaction, actual or proposed or likely to take place; or
(B) any officer of a public body doing or forbearing to do anything in respect of any matter or transaction, actual or proposed or likely to take place, in which the public body is concerned,
commits an offence.”
1.2.5 See also s. 21 – bribery of officer of a public body; and s. 23 – bribery of member of state administration or legislature. MCA Ministers are both officer of public body as well as members of the administration.
1.2.6 In Public Prosecutor v. Datuk Haji Harun bin Haji Idris (No 2) [1977] 1 MLJ 15, Raja Azlan Shah FJ held:
“Corrupt" means "doing an act knowing that the act done is wrong, doing so with evil feelings and evil intentions." (see Lim Kheng Kooi v. Reg ; [1957] MLJ 199 . "purposely doing an act which the law forbids" (see R v. Smith ) [1960] 1 All ER 256.
"Corrupt" is a question of intention. If the circumstances show that what a person has done or has omitted to do was moved by an evil intention or a guilty mind, then he is liable under the section. Thus if the accused used his position to solicit gratification with a guilty mind, he is caught within the ambit of the section. The real point is whether there is soliciting a political donation with a corrupt intention.” (emphasis added)
1.2.7 If the MCA coffers of RM 2 billion are acquired by the MCA Ministers using their government positions to secure all kinds of donations and assets, then they would have offended s. 21 MACCA:
“Any person who offers to an officer of any public body, or being an officer of any public body solicits or accepts, any gratification as an inducement or a reward for-
(a) the officer voting or abstaining from voting at any meeting of the public body in favour of or against any measure, resolution or question submitted to the public body;
(b) the officer performing or abstaining from performing or aiding in procuring, expediting, delaying, hindering or preventing the performance of, any official act;
(c) the officer aiding in procuring or preventing the passing of any vote or the granting of any contract or advantage in favour of any person; or
(d) the officer showing or forbearing to show any favour or disfavour in his capacity as such officer,
commits an offence, notwithstanding that the officer did not have the power, right or opportunity so to do, show or forbear, or accepted the gratification without intending so to do, show or forbear, or did not in fact so do, show or forbear, or that the inducement or reward was not in relation to the affairs of the public body.”
1.2.8 It is also an offence under s. 21 MACCA for an officer of a public body:
(a) to vote or abstain from voting at any meeting of the public body or
(b) to perform or abstain from performing any official act;
(c) to procure or prevent the passing of any vote or the granting of any contract or advantage in favour of any person; or
(d) to show or forbear to show any favour or disfavour.
1.2.9 Since Chew Mei Fun had admitted to receiving the donation/gratification on behalf of MCA, there is a presumption under s. 50 MACCA that it was corruptly received:
“Where in any proceedings against any person for an offence under section 16, 17, 18, 20, 21, 22 or 23 it is proved that any gratification has been received or agreed to be received, accepted or agreed to be accepted, obtained or attempted to be obtained, solicited, given or agreed to be given, promised, or offered, by or to the accused, the gratification shall be presumed to have been corruptly received or agreed to be received, accepted or agreed to be accepted, obtained or attempted to be obtained, solicited, given or agreed to be given, promised, or offered as an inducement or a reward for or on account of the matters set out in the particulars of the offence, unless the contrary is proved.”
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