QUOTE(silent_stalker @ May 14 2019, 08:01 PM)
From what i know, gov administrator is not employed by the gov. The PM is chosen by parliament n the ministers in chosen by PM. So, thats why they cant be considered as gov officials. Gov officials represent the gov, gov administrator represent the country.
Thats the argument la.
He Kantoi liao, no matter how his lawyer spin. 1mdb advisor / board of director consider as officer of public body or not?Thats the argument la.
Act 694
Offence of accepting gratification
16. Any person who by himself, or by or in conjunction with
any other person—
(a) corruptly solicits or receives or agrees to receive for
himself or for any other person; or
(b) corruptly gives, promises or offers to any person whether
for the benefit of that person or of another person,
any gratification as an inducement to or a reward for, or otherwise
on account of—
(A) any person doing or forbearing to do anything in respect
of any matter or transaction, actual or proposed or likely
to take place; or
(B) any officer of a public body doing or forbearing to do
anything in respect of any matter or transaction, actual
or proposed or likely to take place, in which the public
body is concerned,
Offence of using office or position for gratification
23. (1) Any officer of a public body who uses his office or
position for any gratification, whether for himself, his relative
or associate, commits an offence.
(2) For the purposes of subsection (1), an officer of a public
body shall be presumed, until the contrary is proved, to use his
office or position for any gratification, whether for himself, his
relative or associate, when he makes any decision, or takes any
action, in relation to any matter in which such officer, or any
relative or associate of his, has an interest, whether directly or
indirectly.
(3) For the avoidance of doubt, it is declared that, for the
purposes of subsection (1), any member of the administration of a
State shall be deemed to use his office or position for gratification
when he acts contrary to subsection 2(8) of the Eighth Schedule
to the Federal Constitution or the equivalent provision in the
Constitution or Laws of the Constitution of that State.
(4) This section shall not apply to an officer who holds office
in a public body as a representative of another public body which
has the control or partial control over the first-mentioned public
body in respect of any matter or thing done in his capacity as
such representative for the interest or advantage of that other
public body.
This post has been edited by wanted111who: May 15 2019, 09:25 AM
May 15 2019, 09:22 AM

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