KUALA LUMPUR, Nov 1 ― The Pakatan Harapan (PH) government is determined to free Malaysia of corruption through better policies, said Datuk Liew Vui Keong.

The minister in the Prime Minister's Department said the government was closer to fulfilling the United Nations Convention Against Corruption (UNCAC), especially Article 26 on "Liability of legal persons”, in tackling corruption in the private sector.

He said the Malaysian Anti-Corruption Commission (MACC) Act was amended to criminalise corruption within the private sector, with the law coming into effect next June.

"The giving and receiving of bribes to facilitate a commercial transaction is illegal under all established laws of civilised nation states.

"Thus, the PH government had tabled the National Anti-Financial Crime Centre Bill 2019 (NAFCC Bill) in Dewan Rakyat to track down illegal funds,” said Liew.

"What is novel in Section 17A is that controllers and or senior management personnel of commercial organisations may be exposed to severe criminal penalties if found guilty of contravening the MACC Act, unless the controllers and or senior management personnel of commercial organization are able to prove the corrupt act is carried out without his consent or connivance.”

Liew added that management and senior company officials must be diligent in avoiding corruption as there would soon be more avenues to punish this within the private sector.

He conceded that such provisions may cause business owners and firms to become overly cautious and said there were safeguards.

"As in other jurisdictions where similar laws have been passed, the law provides for a defence that mitigates the rigour of the potential personal liabilities that impact directors and management,” Liew explained.

"Section 17A (4) provides an avenue where members of boards which have established "Adequate Procedures "to defend against a prosecution under Section 17 A of the MACC Act.

"My office has received representations from the business community as to the scope and breadth of the laws and will study the same with diligence and attention. The rationale for the coming into effect of the laws on June 1 2019 is precisely for the government to fine tune the regulatory framework,” he added.