Have you ever wanted to report someone for a disciplinary or criminal offence (“improper conduct”) but hesitated because you feared reprisal? Then you may not have heard of the Whistleblower Protection Act 2010. This piece of law protects a whistleblower against civil / criminal action, intimidation / harassment, interference with your business or employment (e.g….

The Rule of Law is defined in the Oxford English Dictionary as “[t]he authority and influence of law in society, especially when viewed as a constraint on individual and institutional behaviour” This includes the behaviour of any public authority – whether it is the Prime Minister, an enforcement agency, local authority or tribunal. When a…

Did you know that the privacy clause in your MySejahtera App encompasses an exception that suggests that your data may be used for other-than-covid19 specified purposes if the Government of Malaysia (GOM) has a legal obligation to do so? In the Privacy Policy of the App, it is stated: “The Personal Data collected will not…

Can the former Prime Minister of Malaysia, Najib Razak, who was convicted of a criminal offence by a Malaysian High Court, seek re-election as a Member of Parliament at the next General Election? The answer is in the negative – so long as that conviction stands. Najib’s conviction in the SRC trial is well above…

Questions have been raised recently as to why a police report was not made in respect of the alleged theft of US$6 million in cash by three Malaysian Anti-Corruption Commission (MACC) officers during the investigation of an ex-spy chief corruption case. See: https://lnkd.in/g8N3CQks The act of switching the seized genuine US dollars into counterfeit US…

Several days ago, Malaysians woke up to the shocking news of an alleged personal data leak claimed to be from the National Registration Department (NRD) and the Inland Revenue Board (IRB). It was reported that a whole cache of personal data belonging to 4 million Malaysians was up for sale on the internet. Troubling indeed….

You may be wondering how did Pontian Member of Parliament, Ahmad Maslan get acquitted by the High Court from charges of money laundering and giving false statements to the Malaysian Anti-Corruption Commission – even before trial was completed? Why did MACC discontinue the criminal case in Court against him? See: https://lnkd.in/gr9yFNnY What most people don’t…

The defence of “political donation” features prominently in several high profile corruption cases working its way through the Malaysian courts presently. This is not surprising given that political donation per se is not illegal in Malaysia. Provided that such a donation is not solicited/accepted with “with ill feelings”, or “with evil intention”, or “purposely doing…

Wan Ramly Wan Seman was until recently, a proud Malaysian army Sergeant. He is not a happy man these days. Understandably so – he was unceremoniously discharged by the Malaysian army and stripped of his pension for refusing to be vaccinated. See: https://lnkd.in/e_XmeCeS Wan Ramly plans to take the armed forces authorities to court, likely…

It was recently reported that the Malaysian Anti-Corruption Commission (MACC) had seized RM1.6 million in assets linked to one of its senior officers over allegations of power abuse and misappropriation. Yes, section 38 of the MACC Act 2009 provides for that seizure power. Seizure is not the same as forfeiture. The former does not result…

Page 1 of 21 2

© 2023 Xavier & Koh Partnership. All rights reserved.