The common law offence of Misconduct in Public Service is a key weapon in fighting against corruption in Hong Kong. Tsang had accepted a tycoon’s favour of a free redecoration of his Shenzhen penthouse which cost HK$3.35 million paid by a company. The maximum penalty for this offence is 7 years.
Following from this, perhaps we should introduce Misconduct of Public Office provision in the MACC Act 2009 to address misconduct which results in financial losses of tax payers’ money, as practiced by the Hong Kong government. The proposed provision would help to check cases when the government incurred losses due to negligence, non-compliance with requirements or procedures in government departments and agencies.
It is quite common in some instances where orders or instructions come from corrupt or persons in elected positions. For the offence of Misconduct in Public Office provision to be prosecuted, politicians and public servants who make bad decisions without having a reasonable excuse or justification that cause the government to lose its funds, will be held accountable.
Datuk Sri Azam Baki, the Deputy MACC Chief stated that often public servants responsible for causing financial losses had taken orders from their higher-ups but when they run into trouble their bosses who gave the orders are often nowhere to be seen, leaving them to fend for themselves. This matches what Ambrin predicted i.e. that up to 30 percent of Malaysia's public projects' value was lost owing to mismanagement and corruption. Consider the amount of savings the
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