MARCH 9 — The Malaysian Anti-Corruption Commission (MACC) has been given powers of investigation under the MACC Act 2009 (Act 694).

Some of the powers are more than the powers of investigation under the Criminal Procedure Code (CPC), which is the general law on criminal process. One may call them special powers in aid of investigation of the anti-graft agency.

The special powers are given because it is recognised that corruption is difficult to investigate. Tony Kwok Man-wai, former Deputy Commissioner & Head of Operations, Independent Commission Against Corruption (ICAC), Hong Kong once wrote:

"Corruption is regarded as one of the most difficult crimes to investigate. There is often no scene of the crime, no fingerprint, no eye-witness to follow up. It is by nature a very secretive crime and can involve just two satisfied parties, so there is no incentive to divulge the truth.

"Even if there are witnesses, they are often parties to the corruption themselves, hence tainted with doubtful credibility when they become prosecution witnesses in court. The offenders can be equally as professional as the investigators and know how to cover their trails.

"The offenders can also be very powerful and ruthless in enforcing a code of silence amongst related persons through intimidation and violence to abort any investigation.”

Hence the need for a wide and adequate investigative power.

The HK ICAC, for example, enjoys wide investigative power. Apart from the normal police power of search, arrest and detention, it has power to check bank accounts, intercept telephone communications, require suspects to declare their assets, require witnesses to answer questions under oath, restrain properties suspected to be derived from corruption, and hold the suspects’ travel documents to prevent them from fleeing the jurisdiction.

The last-mentioned power is also found in Section 44 of Act 694. Of relevance are subsections (1), (2) and (6) which are as follows:

Surrender of travel documents

(1) Notwithstanding any written law to the contrary, the Public Prosecutor or an officer of the Commission of the rank of Commissioner or above as authorised by the Public Prosecutor may, where he has grounds to believe that any person who is the subject of an investigation in respect of an offence under this Act suspected to have been committed by him is likely to leave Malaysia, by written notice require such person to surrender his certificate of identity, passport or exit permit, or any other travel document in his possession.

(2) A notice under subsection (1) shall be served personally on the person to whom it is addressed.

(3) ...

(4) ...

(5) ...

(6) No legal proceedings shall be instituted or maintained against the government, an officer of the Commission, a public officer or any other person, in respect of anything lawfully done under this section. (Emphasis added)

While corruption is so difficult to investigate that an anti-graft agency requires adequate investigative powers, there is also a need to strike a right balance between effective law enforcement and protection of human rights and privacy.

*This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.