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In Malaysia, the key legislative change in the fight against corruption in or by the private sector is the insertion of Section 17A in the MACC Act 2009 which imposes criminal liability on commercial organisations for their failure to prevent corruption. The Hong Kong government has legislation in place to address this offence, with penalties of up to 7 years imprisonment. In 2017 Donald Tsang, the former Chief Executive of Hong Kong and the highest-ranking ex-official to be charged in the city's history, was jailed for 20 months for misconduct in public office.
Datuk Sri Azam Baki, the MACC Commissioner has stated that often public servants responsible for causing financial losses had been found to have taken orders from their higher-ups including ministers and politicians. However, when these public servants are apprehended their bosses who gave the instructions are often nowhere to be seen, leaving them to fend for themselves. Such public servants are torn between doing the right thing and taking orders from their superior.
A few years ago, the former Auditor General Tan Sri Ambrin Buang stated that giving oral warnings to erring public servants is not sufficient. The guilty are not punished and escaped disciplinary actions. He predicted that up to 30 percent of Malaysia's public sector project value was lost owing to mismanagement and corruption. Imagine the amount of savings that can be achieved or new projects that could be implemented if this 30 percent loss was effectively addressed.
Long due already. KPI set to favour the bosses. Public services have been ridiculous bad & worrying situation for ages. That need to be changed. Must start seriously on public complaints. corrupt powerabuse
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