Second Amendment to MACC Bill –

Fasal 14:-

Menggantikan “Jawatankuasa Khas Mengenai Rasuah” dengan “Jawatankuasa Parlimen Mengenai Rasuah” setiap kali perkataan-perkataan berkenaan muncul di dalam Rang Undang-undang

[Replace “Special Committee on Corruption” with “Parliamentary Committee on Corruption” where it appears in the Bill.]

Pindaan Fasal 14(2)

MEMOTONG dan DIGANTIKAN dengan “Jawatankuasa Parlimen hendaklah terdiri daripada tujuh anggota yang hendaklah dilantik oleh Dewan-dewan Perwakilan yang menggambarkan perwakilan di Parlimen dan diketuai oleh seorang Ahli Parlimen Pembangkang, dan tiada seorang daripada mereka merupakan anggota pentadbiran

[Clause 14(2) – DELETE and SUBSTITUTE: “The Parliamentary Committee shall consist of seven members to be appointed by the House of Representatives reflecting the representation in the House and headed by an Opposition Member of Parliament, none of whom shall be a member of the administration.] Read the rest of this entry »

First amendment:

[Clause 5(6):

DELETE the words after “an officer of the Commission” and SUBSTITUTE “and shall have all the powers of a Deputy Public Prosecutor under the Criminal Procedure Code.”]

Until removed by the Anti-Corruption Act 1997, the Director-General of the Anti-Corruption Agency (ACA) had the powers of Deputy Public Prosecutor under the Criminal Procedure Code.

Thus, section 5(1) of the Anti-Corruption Agency Act 1982 states:

“5(1) The Director-General of the Agency shall have all the powers of a Deputy Public Prosecutor under the Criminal Procedure Code and all the powers of an officer of the agency.”

These powers of the ACA Director-General as Deputy Public Prosecutor were not given just by the ACA Act 1982, but were also in the Biro Siasatan Negara Act 1973, which was repealed by the 1982 ACA Act in order to effect a change in the name of the Agency.

Section 376(3) of the Criminal Procedure Code provides that a Deputy Public Prosecutor “may exercise all or any of the rights and powers vested in or exercisable by the Public Prosecutor by or under this Code or any other written law except any rights or powers expressed to be exercisable by the Public Prosecutor personally.” Read the rest of this entry »