Malaysia legislation
Section 43A
Section 43A
(a)
may be charged severally or jointly in the same proceedings with the body corporate; and
(b)
if the body corporate is found to have committed the offence, shall be deemed to have committed that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves—
(i)
that the offence was committed without his knowledge, consent or connivance; and
(ii)
that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence.
(2)
If any person would be liable under this Act to any punishment or penalty for his act, omission, neglect or default, he shall be liable to the same punishment or penalty for every such act, omission, neglect or default of any employee or agent of his, or of the employee of the agent, if the act, omission, neglect or default was committed—
56 Laws of Malaysia ACT 334
(a)
by that person’s employee in the course of his employment;
(b)
by the agent when acting on behalf of that person; or
(c)
by the employee of the agent in the course of his employment by the agent or otherwise on behalf of the agent acting on behalf of that person.
Powers of the police in investigation