Malaysia legislation

Section 144

Section 144

Offences by employees, agents or employees of agents

(a)

an employee;

(b)

an agent; or

(c)

an employee of the agent,

WJW21/1045 Act 599.indd 127 18/03/2022 6:42 PM

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Act 599

of any person (the “principal”), the principal shall be deemed to have committed that offence unless he proves that—

(aa) the offence was committed without his knowledge or that he took reasonable precautions to prevent its commission;

and

(bb) the offence was committed—

(i)

in the case of an employee, outside the course of his employment;

(ii)

in the case of an agent, when the agent was not acting on the principal’s behalf; or

(iii)

in the case of an employee of the agent, outside the course of his employment by the agent or otherwise on behalf of the agent.

General penalty