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In forceUpdated to 20 May 2022Read it in Bahasa Malaysia

Part IV · Offences and Penalties

19. Acceptor or giver of gratification to be guilty notwithstanding that purpose was not carried out or matter not in relation to principal’s affairs or business

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(1)

Where in any proceedings against any agent for any offence under paragraph 17(a) it is proved that he corruptly solicited, accepted, obtained or agreed to accept or attempted to obtain any gratification having reason to believe or suspect that the gratification was solicited or offered as an inducement or a reward for his doing or forbearing to do any act or for showing or forbearing to show any favour or disfavour to any person in relation to his principal’s affairs or business, he commits an offence under that paragraph notwithstanding that—

(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

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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.

Report

Part V

Investigation, Search, Seizure and Arrest

Part VI

Evidence

Part VII

Prosecution and Trial of Offences

Part VIII

General

Part IX

Repeal and Saving

Schedules