No law requiring assets declaration to MACC – Lawyer

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Photo for illustrative purposes only - 123RF

SHAH ALAM - There is no law in this country that obliges any individual to declare assets to the Malaysian Anti-Corruption Commission (MACC), says lawyer Mohd Ridwan Talib.

However, he said the individuals being investigated should cooperate with the relevant agencies by responding to the demand notice or voluntarily declaring property.

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"If the wanted individuals do not cooperate, the MACC has the right to investigate them under the Anti-Money Laundering, Anti-Terrorist Financing and Proceeds of Unlawful Activities Act 2001 (AMLA).

"Usually, MACC will prosecute those who refuse or fail to declare assets after being given a notice in accordance with Section 36 (1) (b) MACC Act 2009," he told Sinar.

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Previously, the media reported that two sons of former prime minister Tun Dr Mahathir Mohamad could be charged in court if they failed to declare their assets to the MACC.

MACC Chief Commissioner Tan Sri Azam Baki said so far his party has not received any property declaration notice from Mirzan and Tan Sri Mokhzani.

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Meanwhile, Ridwan said that Prime Minister Datuk Seri Anwar Ibrahim has drawn up a policy towards mandating the declaration of assets starting with civil servants such as judges, chief executive officers, government-linked companies (GLCs) and government-linked investment companies (GLICs).

He said tycoons who have businesses closely related to the interests of the country are also required to do so.

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"If we don't do that, we are worried that what happened with the 1Malaysia Development Berhad (1MDB) case, will happen again.

"Like the case of the former prime minister's children, it started from the 'Panama Papers' leak," he said.

Ridwan said a lot of evidence and testimony were needed before the agency could complete the investigation process against the two.

"In the near future, MACC may continue and complete the investigation before charging them in court," he commented.