Page:Malaysian Anti-Corruption Commission Act 2009.pdf/23

Rh : any act in relation to his principal’s affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal’s affairs or business.

Offence of intending to deceive principal by agent

18. A person commits an offence if he gives to an agent, or being an agent he uses with intent to deceive his principal, any receipt, account or other document in respect of which the principal is interested, and which he has reason to believe contains any statement which is false or erroneous or defective in any material particular, and is intended to mislead the principal.

Acceptor or giver of gratification to be guilty notwithstanding that purpose was not carried out or matter not in relation to principal’s affairs or business

19. (1) Where in any proceedings against any agent for any offence under paragraph 17(a) it is proved that he corruptly solicited, accepted, obtained or agreed to accept or attempted to obtain any gratification having reason to believe or suspect that the gratification was solicited or offered as an inducement or a reward for his doing or forbearing to do any act or for showing or forbearing to show any favour or disfavour to any person in relation to his principal’s affairs or business, he commits an offence under that paragraph notwithstanding that—
 * (a) he did not have the power, right or opportunity so to do, show or forbear;
 * (b) he accepted the gratification without intending so to do, show or forbear;
 * (c) he did not in fact so do, show or forbear; or
 * (d) the act, favour or disfavour was not in relation to his principal’s affairs or business.

(2) Where in any proceedings against any person for any offence under paragraph 17(b) it is proved that he corruptly gave, agreed to give or offered any gratification to any agent as an inducement or a reward for doing or forbearing to do any act or for showing or forbearing to show any favour or disfavour