Malaysia legislation

Section 19

of MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009

Section 19

(a)

he did not have the power, right or opportunity so to do, show or forbear;

(b)

he accepted the gratification without intending so to do, show or forbear;

(c)

he did not in fact so do, show or forbear; or

(d)

the act, favour or disfavour was not in relation to his principal’s affairs or business.

(2)

Where in any proceedings against any person for any offence under paragraph 17(b) it is proved that he corruptly gave, agreed to give or offered any gratification to any agent as an inducement or a reward for doing or forbearing to do any act or for showing or forbearing to show any favour or disfavour 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, favour or disfavour was in relation to his principal’s affairs or business, he commits an offence under that paragraph

28

Act 694

notwithstanding that the agent had no power, right or opportunity or that the act, favour or disfavour was not in relation to his principal’s affairs or business.

Corruptly procuring withdrawal of tender

Section 19 — MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009