A STUDY ON THE EFFICIENCY AND EFFECTIVENESS OF THE MALAYSIAN ANTI-CORRUPTION COMMISSION WITH
SPECIAL REFERENCE TO THE INTERNATIONAL COMMISSION AGAINST CORRUPTION, HONG KONG
By
Muhammad Farhan bin Abd Ghani (2009657212) Muhammad Aizat bin Mohd Zaid (2009893208) Muhammad Hazwan bin Mohd Hussin (2009400552)
Submitted in Partial Fulfilment of the Requirements for the Bachelor in Legal Studies (Hons)
Universiti Teknologi MARA Faculty of Law
December 2011
The students/authors confirm that the work submitted is their own and that appropriate credit has been given where references had been made to the work of
others.
ACKNOWLEDGEMENT
In the name of God, the most Compassionate, the Merciful, Praise be to God,
the Lord of the Universe and may the Blessing And Peace of God be upon His Messenger
Of first importance, is our thank to God, our constant Guide, who has shown us that even in moments of despair, faith and efforts will prevail over any hardship thrown or way.
So many people helped us in the completion of this research that it would be impossible to adequately thank them all.
Bunch of thanks to our supervisor, Puan Mazlina Mahali, for her great care and consideration, who meticulously went through the painstaking job of reviewing the drafts of our research, and who turned our incoherent ideas into clear, legible intellectual thoughts which is presented in this paper. For her guidance during this research, her perpetual energy and enthusiasm in this research had motivated all her advisees. Her wide knowledge and logical way of thinking have been a great value for us in completing this research. Not to forget, her understanding, encouraging and personal guidance have provided us an excellent basis in continuing and finishing our research.
We dedicated our sincerest appreciation to Dr Sheela a/p Jayabalan, our previous lecturer for Legal Research and Methodology for her detailed observations and
ABSTRACT
This research analyzed on the different features of the Malaysian Anti-Corruption Commission (MACC) with the Independent Commission Against Corruption (ICAC), Hong Kong. The differences were scrutinized to identify whether such differences of the features contribute to the efficiency and effectiveness of the MACC. Based on the differences identified, some recommendations were made with the intention to improve the efficiency and effectiveness of the MACC. The first chapter goes into the essences and structures of the research. In the second chapter, it focused on the different features of MACC and ICAC, Hong Kong which leads to their efficiency and effectiveness. The third chapter discussed on the special features of anti-corruption agency from other countries like Singapore, New South Wales and Finland. In the fourth chapter, the researchers outlined the findings of the research based on an interview and several emails from respondents. The research was concluded in the last chapter and some recommendations were made to propose on some improvements that can be imposed to the MACC to ensure its efficiency and its effectiveness in handling corruption in Malaysia.
IV
TABLE OF CONTENT
Acknowledgement ii
Abstract iv Table of Content v
Table of Legislations xiii Table of Case xv Table of Charts, Figures and Table xvi
CHAPTER ONE: INTRODUCTION
1.0 Introduction 1 1.1 Problem Statement 3 1.2 Research Objective 6 1.3 Research Methodology 7
1.3.1 Library Based Research 7 1.3.2 Internet Based Research 7 1.3.3 Semi-structured interview 7
1.4 Research Significance 7 1.5 Research Scope and Limitation 8
1.5.1 Research Scope 8 1.5.2 Research Limitation 8
1.6.6 Corruption 11 1.6.7 Corruption Perception Index (CPI) 11
1.6.8 Criminal Procedure Code (CPC) 11 1.6.9 Elections (Corrupt and Illegal Conduct) Ordinance
(Chap. 554) 2000, Hong Kong 12 1.6.10 Evidence Act 1950 (Act 56) 12
1.6.11 Federal Constitution 12 1.6.12 Government Transformation Programme (GTP) 13
1.6.13 Hong Kong Special Administrative Region (HKSAR) 13 1.6.14 Hong Kong Standing Commission on Civil Service
Salaries and Conditions of Service (SCCS) 14 1.6.15 Hong Kong Witness Protection Ordinance (WPO),
2000 14 1.6.16 Independent Commission Against Corruption (ICAC),
Hong Kong 14 1.6.17 Independent Commission Against Corruption
Ordinance 1974 (ICAC Ordinance 1974), Hong Kong 15 1.6.18 Independent Commission Against Corruption, New
South Wales Code of Conduct 15 1.6.19 Malaysian Anti-Corruption Commission (MACC) 15
1.6.20 Malaysian Anti-Corruption Commission Act 2009
(MACC Act 2009) 16 1.6.21 Malaysian Institute of Corporate Governance (MICG) 16
1.6.22 Political Donation Act 2000, Singapore 16
1.6.23 Political Interference 17 1.6.24 Prevention of Bribery Ordinance (Cap. 201), 1971,
Hong Kong 17 1.6.25 Prevention of Corruption Act (Chapter 241), 1960,
Singapore 17
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