The Malaysian Anti-Corruption Commission (MACC) is exploring the possibility of adopting elements of United Kingdom law to manage large-scale corporate cases in Malaysia.
MACC chief commissioner Tan Sri Azam Baki said discussions are underway with the Attorney General’s office to assess whether the Deferred Prosecution Agreement (DPA) legal framework could be adapted for local use.
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MACC chief commissioner Tan Sri Azam Baki said discussions are underway with the Attorney General’s office to assess whether the Deferred Prosecution Agreement (DPA) legal framework could be adapted for local use.
Read more at https://shorturl.at/jdx7M
WATCH MORE: https://thestartv.com/c/news
SUBSCRIBE: https://cutt.ly/TheStar
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NewsTranscript
00:00Is there any move to propose this Deferred Prosecution Agreement?
00:04Deferred Prosecution Agreement, yes.
00:06Deferred Prosecution Agreement means, for those who don't know,
00:10it is called Penanguhan Penawar.
00:14Deferred Prosecution based on certain settlement.
00:19This is a law that we are proposing in the United Kingdom.
00:23It means, for these cases that involve corporate sector and on a large scale,
00:29for example, if I can show you an example of Airbus.
00:32If we look at it, it is mentioned in the Airbus case,
00:34where a series of court of appeals from the UK and also from France
00:39are using this DPA, Deferred Procedure Agreement,
00:43which ends up with the company being fined.
00:46They have to pay, if I'm not mistaken, more or less EUR 6 million.
00:49So, this law, we are trying to discuss with the parties.
00:55This is part of the experiment.
00:57Discussing with the country's lawyers,
00:59looking at various angles for the adequacy for P&C,
01:04for our consumption in Malaysia.
01:09We are not going to negotiate 100%,
01:12but we are taking a benchmark from the countries involved
01:15and also from the United States.
01:17Do you think that will improve the CPI for Malaysia?
01:20Surely.
01:21Because for me, the watchdog is looking at us,
01:25what kind of improvement, what kind of initiative we are doing,
01:30and what we are planning to do, and then our achievement.
01:35So, we can't just talk about it.
01:37We have to implement it.
01:39So, in terms of the CPI,
01:42that's why we have a task force,
01:47and also we have five consultants to help us.
01:54Because in terms of the CPI,
01:58we need to know what is actually perceived by the respondents.
02:05The respondents are not from our country, actually.
02:08Respondents are from abroad.
02:10Especially from expatriates and business people.
02:13So, among other things,
02:15I would like to say that not all of them are expatriates.
02:20That's right.
02:21One of the nine expatriates,
02:23where we are responsible,
02:25such as enforcement,
02:27where the case is large-scale,
02:29whether to take action or not,
02:31whether to be accused quickly, and so on.
02:33And also what kind of punishment we do.
02:36But there are more,
02:38for example,
02:39related to freedom of speech,
02:41related to human rights,
02:43business ethics, and so on.
02:44So, the government's efforts now
02:46is to create a good business environment.
02:50With that, it will attract many investors.
02:52This is also another area
02:55that will be seen by the business people.
02:59So, we see how we reduce bureaucracy, for example.
03:05And also the engagement made by the ministers
03:08in meeting with many parties abroad,
03:10that is also one of the factors
03:12that I think will affect our actions.
03:16The actions of the SPRM are not less
03:19in terms of first,
03:22making a law,
03:23and also improving the status quo
03:25in the government,
03:27in the public sector.
03:29If our country is protected,
03:34where, for example,
03:37corruption and law enforcement are so serious,
03:40so bad,
03:41it may also have an effect
03:44on other indexes.
03:46This is also called the perception index.
03:48So, we have to reduce this negative perception.
03:52So, in terms of reducing this negative perception,
03:55that's what we have to do,
03:56engagement with the experts present now.