Malaysia legislation
Section 11
Section 11
(2)
A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Commission in which the matter is discussed or deliberated and, after the disclosure, the member—
(a)
shall not be present in any discussion or deliberation, or decision of the Commission when the matter is discussed or deliberated, or decided upon; and
(b)
shall be disregarded for the purpose of constituting a quorum of the Commission when the matter is discussed or deliberated, or decided upon.
(3)
For the purpose of this section—
“related”, in relation to a member of the Commission, means—
(a)
a spouse or former spouse of the member of the Commission;
(b)
a brother or sister of the member of the Commission;
(c)
a brother or sister of a spouse or a former spouse of the member of the Commission;
(d)
a lineal ascendant or descendant of the member of the
Commission;
(e)
a lineal ascendant or descendant of a spouse or a former spouse of the member of the Commission;
(f)
a spouse or a former spouse of any person referred to in paragraph (b), (c), (d) or (e);
(g)
a lineal descendant of a person referred to in paragraph
(b)
, (c) or (f);
(h)
an uncle, aunt or a cousin of the member of the Commission, or an uncle, aunt or a cousin of a spouse or a former spouse of the member of the Commission; or
(i)
a lineal ascendant or descendant of the person referred to in paragraph (h);
Judicial Appointments Commission 13
“connected”, in relation to a member of the Commission, means—
(a)
a person who is a nominee of the member of the
Commission;
(b)
a partner of the member of the Commission;
(c)
a former partner of the member of the Commission;
(d)
a spouse of a partner or former partner of the member of the Commission;
(e)
a former spouse of a partner or former spouse of a former partner of the member of the Commission;
(f)
a person practising in a firm in which the member of the
Commission or his nominee—
(i)
is a partner;
(ii)
is a person in charge or in control of its business or affairs;
(iii)
is a consultant; or
(iv)
is employed;
(g)
a person who is a director in any corporation in which the member of the Commission or his nominee—
(i)
is a director; or
(ii)
is in charge of or in control of its business or affairs or 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
(h)
a trustee of a trust under which the member of the
Commission or the member’s family is a beneficiary.
Act 695
(4)
Any member of the Commission who fails to disclose his interest as required under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Protection from personal liability