8/4/2019 Assignment Ahmad Shamsul 5
1/52
ETHIC ISSUES IN PUBLIC SERVICE
1. INTRODUCTION
1.1. Values and ethics in Public Service are the main important practices
which are parallel to government policies that guides and push forwards
towards glorious success of a country. Therefore, laws and regulations
regulated in Public service contents forbidden and allowed attitudes of
the employees. Ethics and value should be used as the measurement
to determine the success of the occupational objective among the
public servants or employees.
2. DEFINATION OF ETHICSAND PUBLIC SERVICE
2.1. Ethic is defined as an individuals personal beliefs about whether a
decision, behavior, or action is right or wrong (Norman Barry, 1999). It
also defined as concern with moral obligation, responsibility and social
justice (Wiley, 1995).
2.2. According to the Shorter Oxford English Dictionary (2002) Fifth Edition,
the public service defined as a). Government employment; b). a service
provided to the community especially under the direction local or central
government or other official agency.
1
8/4/2019 Assignment Ahmad Shamsul 5
2/52
2.3. Under Article 132 Federal Constitution of Malaysia, the public service
are the compromised of :
i. the armed forces
ii. the judicial and legal service
iii. the general public service of the Federation
iv. the police force
v. the joint public services mentioned in Article 133
vi. the public service of each State, and
vii. the education service.
2.4. Therefore ethic in public service can be defined as individuals personal
of government employment officers/employees beliefs about whether a
decision, behavior, or action is right or wrong according to Public
Officers (conducts and discipline) regulation 1993 amended in 2002.
3. SCENARIO OF ETHICS EVOLUTION IN PUBLIC SERVICE
3.1. Mustafa (1996) explained that efforts have been taken to make ethics
and values widely practiced in Malaysian Public Service by Malaysian
Government since the programs of Mental Revolution and Bumi Hijau
launched in 1970's.
2
8/4/2019 Assignment Ahmad Shamsul 5
3/52
3.2. Then the Malaysian public servants been introduced with Guidance of
Excellence Service (Panduan Perkhidmatan Cemerlang) in 1979 that
bring the motto Service For The Nation (Berkhidmat Untuk Negara)
that been wrote down in all government official letters.
3.3. The Guidance of Excellence Service have seven core services that
contains guided values for the public servants towards quality of job,
trusteeship, responsibility, efficiently encourage the healthier
environment of good communication with behaviors and conducts that
harmonize accordingly with Rukun Negara. In 1981, the public service
taken to make intention to value the importance to time by
implementing punch card in public service (INTAN, 1994).
3.4. Campaign Bersih, Cekap dan Amanah launched by the Former Prime
Minister of Malaysia, Tun Mahathir Mohammad in year 1982 to educate
and culture a new occupational ethics and behaviors among the
Malaysian society especially the government employees. The top
priority of this campaign was the effort given to promote high job
performances which covers job outputs and job standards (INTAN,
1994).
3
8/4/2019 Assignment Ahmad Shamsul 5
4/52
3.5. In the same year Look to East policy launched focusing in integrating
positive values such as discipline, team loyalty, quality job performance,
efficiency and quality management from developed east countries such
as Japan. The objective of this policy was to improve management and
development performances and create the society that upholds positive
values and ethics for the advancement of nation.
3.6. The values and ethics of public servants strengthen through
Leadership Through Example policy ( Dasar Kepimpinan Melalui
Teladan) in 1983. By this policy, every leader in government agencies
are expected to drive their leadership by good examples to their
subordinates and by changing their bad attitudes and vital positive
values such as hardworking, honest, careful, clean and trust.
3.7. In the year 1985, Enhancing Islamic Values policy has being introduced
in the public sector where the public servants are being promoted to
embrace Islamic values which are comprehensive and universal. The
selected Islamic values are trustee, responsible, moderate, sincere,
dedication, discipline, diligent, cooperative, noble heart and grateful
where the values can be accepted by the man globally (INTAN, 1994).
4
8/4/2019 Assignment Ahmad Shamsul 5
5/52
3.8. Then Excellence Working Culture (Budaya Kerja Cemerlang)
introduced in the year 1989 for increasing quality working culture to
drive the excellence of public service (INTAN, 1994).
3.9. Continuation of that, Islamic Working Ethics launched in 1997, stressing
aspect of the values as the obedience to Allah focusing on sincerity,
trustee, dedication, efficiency, mutual and universal happiness.
3.10. The great consent toward public service shown through Gerakan
Pemantapan Keutuhan Sistem Pengurusan Pentadbiran Kerajaan
Malaysia (GPKSPPKM). This move is the clear evidence of
commitment and seriousness of Malaysian government to generate the
ethical public service but still the implementation are still slow and far
away from achieving its objective and goals.
i. GPKSPPKM has been instructed by the Prime Minister Dato'
Seri Dr. Mahathir Mohammad in 8 January 1998 through the
Prime Minister's Instruction No.1 Year 1998 (Arahan Perdana
Menteri). This instruction requires every state, ministry, and
government agencies to set up the Committee of Totality
Management (Jawatankuasa Keutuhan Pengurusan, JKP)
meant for the efforts to overcome poor administration, financial
management, bribery or corruption prevention among the public
service employee that high-rise government agencies internally,
5
8/4/2019 Assignment Ahmad Shamsul 5
6/52
comprehensively and continuously through effectiveness,
integrity and accountability aspects (Dr. Mazlan, 2000).
ii. This particular Prime Minister's Instruction is the complement for
the steps of reformation in government's Purity Values Programs
(Program Nilai Murni) that had being introduced before. JKP is
constructed based on comprehensive, systematic, continuous
and cohesiveness. Through Purity Values Programs, two types
of values that had being stress on which are core values and
expansion values to be compulsory in every and each
government agencies. Where core values meant to be the
mother values while the expansion values are special values
designed for the particular occupation based on occupational
sectors and main functions of the agencies. The core values
have six values which are trustee, truthful, fairness, wise,
transparent and grateful.
3.11. Some of the circulars that being published:
i. Core Public Service ( Teras Perkhidmatan Awam), January
1979,
ii. Public Service Ethics (Etika Perkhidmatan Awam) and
Excellence Service Concept (Konsep Perkhidmatan Cemerlang),
December 1980 ,
6
8/4/2019 Assignment Ahmad Shamsul 5
7/52
iii. Bersih, Cekap dan Amanah, April 1982,
iv. Enhancing Islamic Values (Penerapan Nilai-nilai Islam Dalam
Perkhidmatan), Julai 1982,
v. Development Administration Circulars (Pekeliling Kemajuan
Pentadbiran ), 1991-2008
vi. Tonggak Dua Belas, 1992,
vii. Leadership Through Example (Kepimpinan Melalui Teladan),
Mac 1983, and
viii. Gerakan Pemantapan Keutuhan Sistem Pengurusan
Pentadbiran Kerajaan Malaysia: Garis Panduan Pelaksanaan
Dan Mekanisme Sistem Penyeliaan Program-program Nilai-nilai
Murni (Arahan YAB Perdana Menteri No.1 Tahun 1998- Siri No.1
Tahun 2000)
7
8/4/2019 Assignment Ahmad Shamsul 5
8/52
4. ISSUES OF ETHICS BY PUBLIC SERVICE EMPLOYEES
4.1. The philosophy of the Malaysian Public Service is to create the
creative, efficiency, sincere, trustee and hardworking, patient and wise,
firm and brave, having high self dignity, plain and not greed, calm in
facing challenges with clear mind, sincere in their heart, words and
deeds, cooperative and responsible, always take cares of spiritual
health, mental and physical, skilled in their work and always prepared to
teach their skill to others and most important is never makes mistakes
on determine priority. This philosophy is in line with the occupational
ethics - The Main Twelve Pillars (Tonggak Dua Belas).
4.2. Malek Shah (1998) suggest that to build a model of high quality public
service there is a need to create a management based in chastity
values (nilai murni) that gives assurance of achievement world class
standard public service with courtesy and morals. Therefore
management techniques based on implementations of religious values
that cover physical aspects and Islamic metaphysical aspects. So the
intention of succeeding the quality Public Service that will guaranty the
efficiency when we succeed implementation of ethics value that
considers professionalism aspects with moral (akhlak/adap) based on
faith (tawhid) and at theAl-Duniya Wal- Akhirah standards.
8
8/4/2019 Assignment Ahmad Shamsul 5
9/52
4.3. According to Dato' Hj. Ahmad Said (2000) as the official administration
and a government officer that being trusted to administrate the country
with power provided, laws and regulation, resources and uniform
officials, it is up to us to determine the good or bad of our nation. If
every leader and sincere, just and efficiency officers then the good
deeds will be norm and implemented by our society.
4.4. Although there's already have been many instruction and circulation as
been mentioned in this article that relates with public service ethics but
still quantitatively the implementation of ethics only be can be disclosed
through ethical and unethical behaviors cases by the government
employee as below:
i. Unethical Behaviors
(a) Government effort was to high-rise continuously the
service quality in every time, along the mainstream and
development of the nation. Although we have archived
success but still there were weakness to be fixed. We
worry that the implementation of ethic values has been
outer part only without the participation of the inner part of
our public servants. That would not show us the actual
9
8/4/2019 Assignment Ahmad Shamsul 5
10/52
and true identity of our public servants because no
observation was being done to monitor the inner part.
(b) That's making us unsurprised to understand why the
implementation of The Twelve Pillar was not the success
as universal values and implemented in daily live formally
in work or outside work since have being introduced along
ago. Therefore appreciating time, dedication to succeed,
enjoying work, dignity, high personal value and obligation
on job have been neglected. Through observation and
discussion have done shows us there are still many public
servants inattentive in their job, using office time for
personal interest, work usuriously, belief that working is
burden and not ibadah, misused power and government
properties, and show off unmoral behaviors. Although
there's some personal have outstanding performance but
never shows good morals, can't be advised and don't
want hear idea's from others in his department.
(c) Some of unpleasant behaviors that have been reported in
newspapers. Neglected of a hospital employee in Jitra
Hospital that accidentally transferred HIV blood to
housewife. There were reported that in the Magistrate
10
8/4/2019 Assignment Ahmad Shamsul 5
11/52
Court, Shah Alam that about three police officers was
accused on helping seven prisoners to get away from the
prison.
(d) To avoid unlawful act in particular such as sexual
harassment that had reported raised, ethics regarding
sexual harassment in working place has been introduced
in 1999. An instruction given to teachers that obligate
those to sign working contract (akujanji) to make sure that
their will never do anything beyond the teachers ethics. It
was published in news papers in 20 August 2001 that
The Human Rights Commission of Malaysia (SUHAKAM)
reported that Malaysian police have violated the human
rights which were against the constitutional of Malaysia
and the basic universal human rights where their have
disperse a gathering unlawful in Jalan Kebun, Klang,
Selangor. These action and the behavior give the
negative impact that shows the implementation of
occupational ethics has been destroying that would lead
towards destruction of image and confident of the public
to the Malaysian Public Service.
11
8/4/2019 Assignment Ahmad Shamsul 5
12/52
(e) The unethical behaviors of the public service employees
has been clarified through General Orders (Chapter A-
G) when their found guilty in committing unlawful
behaviors, such as:
o Breaking the nation's law that can be punished in
any court of law for commit crime, bribery and unlawful
use of drug.
o When the behavior is against the moral principles
of the society such as solitude and sexual harassment.
o When the deed was done not for public but
because of depression such as family, politic, religion
or race.
o Misused the power given.
(f) Every cases that have been mentioned above are
classified as unethical based on what are clarified in
General Order. Based on observations, the unethical
behaviors always happens regardless of big or small
cases that involved in every layer of the government
12
8/4/2019 Assignment Ahmad Shamsul 5
13/52
officers that neglected by the agencies and many cases
were not reported and taken a proper action.
ii. Discipline Cases
(a) Breaking or violating discipline also can be concluded as
violation of values and ethics that has been regulated and
ought to obeyed. Based on statically report by the Public
Service Department (PSD), discipline cases by the
members of Public Service for the recent five years of
duration as reported (2002-2006), taken action (exclude
Armed Force and Police Force) in 2002 2004 and State
Body) was 10,438 personel. Statistical records on
discplinary actionsare as Table 1.0 below:
(b) Numbers of officers of the Malaysian Royal Armed Force
and Police Force that taken action on discipline cases in
recent five years of duration was reported totalled 7,390
and 4,819. Details are as shown in Table 2.0:
(c) Officers from the Supporting Group are the most public
officers that had been given disciplinary actions which
accumulate 9,649 (92%) from 10,438 officers. This
13
8/4/2019 Assignment Ahmad Shamsul 5
14/52
phenomenon are caused by the domination of the
population of Supporting group which are totalled 887,665
(77%) out of 1.1 million public employees. Details of
discipline actions according to groups as Table 3.0
(d) Cases regarding to Absence from duty are the most
highest offence committed by public officers which totaled
7,668 cases (55%) compared to total cases of 13,761
cases. Details and the types of offence including
behavioural as Table 4.0:
(e) Two (2) types of punishments that often used by
Discipline Board are warning(4,527 officers) and dismissal
from duty (2,918 officers). Details as Table 5.0.
(f) From the data apparently discipline cases, absents from
work (Regulation 23) and the failure to be honest and
responsible [regulation 4(2), (f) & (g)] , shows the high
numbers covering more than 80% from the total whole
cases. It was then followed by the cases such as failure to
comply the instruction from high management [Regulation
4(2)(j), Drug abuse [Regulation 7] and failure to defend
the image of public service [Regulation 4(2)(d)]. All these
14
8/4/2019 Assignment Ahmad Shamsul 5
15/52
cases related with the values of dedication toward
success, value of time, enjoyment in work, noble
simplicity, boastful personal and obligation to undermine
task.
Table 1: Statistical Officers records on disciplinary actions, 2002 2006
Classification of Service 2002 2003 2004 2005 2006
Federal Civil Service 1,136 552 1,066 978 714
State Civil Service 282 206 154 239 304
Federal Body 303 312 217 127 353
Local Authority 222 302 367 249 271
Total 1,943 1,372 1,804 1,593 1,642
Table 2: Statistic number of officer the Malaysian Royal Armed Force
and Police Force that taken action on discipline cases, 2002 - 2006
Service 2002 2003 2004 2005 200
6
TOTAL
Royal Armed Force 3,026 2,784 804 253 523 7,390
Royal Police Force 1,130 1,397 984 878 430 4,819
TOTAL 4,156 4,181 1,788 1,131 953 12,209
Table 3.0 :Discipline Actions According To Groups, 2002 2006
Year/
Group
Management Management &
Professional
Supporting
Group
Total
2002 2 155 1,786 1,943*
2003 1 126 1,245 1,372*
2004 4 159 1,641 1,804*
2005 2 147 2,575 2,724
2006 3 190 2,402 2,595
TOTA
L
12 777 9,649 10,438
Note:* exclude Royal Armed Force and Royal Police Force
Table 4.0 : Types of Offence, 2002-2006
15
8/4/2019 Assignment Ahmad Shamsul 5
16/52
Offence 2002 2003 2004 2005 2006
Absence From Duty 2,182 820 2,056 1,300 1,310
Behavioural & Prohibitive 1,234 357 771 928 854
Court Cases 375 125 132 222 240
Drug Abuse 391 58 285 84 37
Total 4,182 1,360 3,244 2,534 2,441
Table 5.0: Punishment Types, 2002 2006
Punishment /Year 2002 2003 2004 2005 2006
Warning 1,438 522 855 969 743
Fine 524 114 166 459 227
Lucut Hak Emolument 517 326 391 317 148
Tangguh Pergerakan Gaji 219 118 137 191 148
Turun Gaji 88 49 78 74 75Turun Pangkat 85 16 2 24 16
Buang Kerja 530 389 618 753 628
TOTAL 3,401 1,534 2,247 2,787 1,985
16
8/4/2019 Assignment Ahmad Shamsul 5
17/52
5. ANTI CORRUPTION ACT 1997
5.1. Bribesare one of the main types of corruption. The Public Service of
Malaysia have stated clearly in Regulation 8 - Present , Chapter D
under the General Order which indicated that the government actually
tries to avoid and overcome the bribery issues in public service and its
employees. The two (2) sub regulation under regulation 8 as below:
i. Sub regulation (1) subject to the provisions of this regulation, an
officer shall not receive or give nor shall he allow his spouse or
any other person to receive or give on his behalf any present,
whether in a tangible form or otherwise, from or to any person,
association, body, or group of persons if the receipt or giving of
such present is in any way connected, either directly or indirectly,
with his official duties.
ii. Sub regulation (4) if the circumstances make it difficult for an
officer to refuse a present or token of value, the receipt of which
is prohibited by this regulation, such present may be formally
accepted but the officer shall, as soon as practicable, submit to
his Head of Department a written report containing a full
description and the estimated value of the present and the
circumstances under which it was received.
17
8/4/2019 Assignment Ahmad Shamsul 5
18/52
5.2. Anti Corupption Agency (ACA) discripes bribery offences as below:
i. Soliciting/Accepting Bribes - Any person or agent who
corruptly solicits/accepts/agrees to accept gratification
(money/property/ service and others) as an inducement or a
reward to do or not to do an act inrelation to a transaction or any
official act of his principal or employer.
ii. Offering/Giving Bribes - Any person who corruptly offers/gives
gratification (money/property/service and others) as an
inducement or a reward for any person or agent to do or not to
do an act in relation to a transaction or any official act of his
principal or employer
5.3. In 1997, Malaysian Government introduced Anti Corruption Act 1997
(act 575) to combat bribery which was the combination of three (3) acts;
Anti Corruption Act 1961, Anti Corruption Agency 1982 and Ordinance
(Kuasa-Kuasa Perlu) Dharurat No. 22 1970.
5.4. Since year 1995 ACA launched anti bribery campaigns which
encourages government officers to take action to anybody that tried to
bribe them. Refer to Table 6, the statistics shown that the information
about information, investigation paper, total arrested and charged have
been conducted by ACA during the year of 2004 to 2007. From this
18
8/4/2019 Assignment Ahmad Shamsul 5
19/52
statistics, it discovered by overall increasing in information on corruption
activity which has been received and also prosecution were carried out
by stated body. Amount are also increasing in total government officer
arrested and charge for the bribery cases. Also, base current
development year 2008, the number arrested in January to June 2008
has surpassed total overall arrested for the last year.
Table 6.0: Bribery Statistic for 2004 -2007
2004 2005 2006 2007 Total
Information 11,413 11292 11061 12407 46173
InvestigationPaper 982 1441 1317 1365 5105
Arrested 497 485 546 591 2119
Charged 178 205 254 222 859
ACA Report 146 210 251 234 841
Peg. Kerajaan 2004 2005 2006 2007 Total
Arrested 242 239 277 303 1061
Charged 78 121 142 133 474
Table 7.0 : The Number Arrested In January To June 2008
Month Arrested
January 80
February 27
March 39
April 72
May 65
June 36
Total 319
Source: www.bpr.gov.my
6. PUBLIC OFFICERS (CONDUCT AND DISCIPLINE) REGULATION1993
19
8/4/2019 Assignment Ahmad Shamsul 5
20/52
6.1. According to Chapter One, Service Order (Arahan Perkhidmatan)
(1999), government's agencies are been set up to implement the
government policies without wasting any resources of manpower, time
and money. The purpose is accordingly to the principles of value and
ethics based on integrity, loyalty and honesty.
6.2. Basically the important matters regarding to ethics and behaviors of the
public servants have being stated in Chapter D, General Order,
Regulations of Officers ( Conducts and Discipline) 2002. Although it is
being not spelled out as ethics but still it contents the ethics principles
that every public servant to uphold in their service such as:
i. Execute jobs with efficiency, sincerely and responsibility;
ii. Give priority to the public interest than self interest in their work;
iii. Protect the image of public service in all time.
6.3. The Public Officers (Conduct and Discipline) Regulation 1993 (the
General Orders the GO) are being illustrated by section 2 of Article
132 of Federal Constitution effective on 15th December 1993 and
amended in 2002.
6.4. These regulations has been stated clearly in Malaysian governments
General Orders, Chapter D especially under Conduct in Section II
which comprise of 20 subtitle that discuss the matter. These regulations
20
8/4/2019 Assignment Ahmad Shamsul 5
21/52
are imposed to all public service officers in all time during their service.
Any violation upon these regulations may result discipline acts done to
the person involved.
6.5. Under the GO, Part V sets out the procedure pertaining to dismissal or
a reduction in rank of a public officer. Regulation 35 empowers the
Chairman of the Disciplinary Authority (the DA) to determine the nature
of the breach of discipline, whether it warrants a punishment of
dismissal or reduction in rank. If the breach does not warrant a
dismissal or a reduction in rank, the DA should follow the procedure in
regulation 36. Otherwise, the DA will proceed under regulation 37.
6.6. Under regulation 37(2), if the Chairman of the DA is satisfied that there
exists a prima facie against the officer, he shall cause a letter to be sent
to the officer containing the facts of the disciplinary offence and the
grounds on which it is proposed to dismiss the officer or to reduce his
rank.
6.7. The officer is then required to make a representation within 21 days
containing the grounds upon which he relies to exculpate himself. If the
officer did not make any representation or that his representation does
not exculpate himself to the satisfaction of the Disciplinary Authority,
21
8/4/2019 Assignment Ahmad Shamsul 5
22/52
the Disciplinary Authority shall proceed to consider and decide whether
to dismiss or to reduce his rank.
6.8. However, if the Disciplinary Authority is of the opinion that the case
requires further clarification, the Disciplinary Authority may establish an
Investigation Committee for the purpose of obtaining such further
clarification.
6.9. Pursuant to regulation 37D, the Disciplinary Authority may impose any
punishment or may even acquit the officer after considering the officers
representation and the report of the Investigation Committee.
6.10. The main discipline regulation in Public Officers (Conduct and
Discipline) Regulation 1993 are:
i. Regulation 4: General
ii. Regulation 4A: Sexual harassment
iii. Regulation 5: Outside employment
iv. Regulation 6: Dress etiquette
v. Regulation 7: Drugs
vi. Regulation 8: Present, etc.
vii. Regulation 9: Entertainment
viii. Regulation 10: Ownership property
22
8/4/2019 Assignment Ahmad Shamsul 5
23/52
ix. Regulation 11: Maintaining a standard of living beyond
emoluments and legitimate private means
x. Regulation 12: Borrowing money
xi. Regulation 13: Serious pecuniary indebtedness
xii. Regulation 14: Report of serious pecuniary indebtedness
xiii. Regulation 15: Lending money
xiv. Regulation 16: Involvement in the futures market
xv. Regulation 17: Lucky draws, lotteries, etc.
xvi. Regulation 18: Publication of books, etc.
xvii. Regulation 19: Making public statement
xviii. Regulation 20: Prohibition on acting as editor, etc., in any
publication
xix. Regulation 21: Taking part in politics
xx. Regulation 22: Institution of legal proceedings and legal aid
xxi. Regulation 23: Absence from duty
xxii. Regulation 24: Disciplinary action for absence without leave
(See Appendix A for the details)
7. CHALLENGING A DISCIPLINARY DECISION IN THE PUBLIC SERVICE
23
8/4/2019 Assignment Ahmad Shamsul 5
24/52
7.1. Procedural Fairness
i. In the case of Ghazi bin Sawi v. Mohd Haniff bin Omar, Ketua
Polis Negara, Malaysia & Anor [1994] 2 MLJ 114 the Supreme
Court applied the principles in Council of Civil Service Union v
Minister for the Civil Service [1984] 3 All ER 697. At page 126-
127, Jemuri Serjan SCJ delivering the judgment of the court
said:
The common law concept of natural justice is already embodied
in GO 23 and art 135(2) of the Federal Constitution in so far as
the right to be heard is concerned. Since the effect of certiorari is
to quash a decision which is void or ultra vires in the broad
sense, we need only to consider whether in dismissing the
appellant, the respondent had failed to observe the rules of
natural justice, apply the Wednesbury principles of
unreasonableness adverted to earlier on, or failed to understand
correctly the law that regulates his decision-making power, and
give effect to it. Lord Diplock had compendiously classified the
grounds for judicial review under three heads, and referred to
them as procedural impropriety, irrationality and illegality. See
the GCHQ case Council of Civil Service Union v Minister for
the Civil Service at p 410 as it is now known. Here, in the
24
8/4/2019 Assignment Ahmad Shamsul 5
25/52
present appeal, the appellant relied only on the ground of
procedural impropriety which until then was popularly referred to
as the breach of the rule of natural justice or the denial of the
right to be heard.
ii. Federal Court decision in Lembaga tatatertib Perkhidmatan
Awam Hospital Besar Pulau Pinang & Anor v Utra Badi a/l K
Perumal [2001] 2 MLJ 417 which had clearly decided the Article
135(2) Federal Constitution and the GO are in accord with the
concept of natural justice and procedural fairness in common
law. Therefore, since the procedures on dismissal have been
clearly provided in the GO, is the Court in any position to
question the procedures under an extended version of
procedural fairness in common law? Can the Court of Appeal
do so in light of Jemuri Serjans (SCJ) judgment in Ghazi bin
Sawi where His Lordship held that the principles at common law
do not apply to a case regulated by statutes or subsidiary
legislation which have legislative effect. Would the court be
usurping the powers and functions of the executive by
questioning the procedures in the GO according to the courts
perception of what amount to fairness in the circumstances of
the case?
7.2. Right to an Oral Hearing
25
8/4/2019 Assignment Ahmad Shamsul 5
26/52
i. The right to be heard before a person can be dismissed or
reduced in rank is entrenched in Article 135(2) of the Federal
Constitution (the Constitution), which reads: (2) No member of
such a service as aforesaid shall be dismissed or reduced in
rank without being given a reasonable opportunity of being
heard.
ii. Regulation 34 of the GO has also provided that before an officer
can be dismissed or reduced in rank, he must be informed in
writing of the grounds on which such action is proposed and he
had been afforded a reasonable opportunity of being heard.
iii. The pertinent question of whether the right to be heard in Article
135(2) Federal Constitution includes a right to an oral hearing
that had been settled by both the Supreme Court in Ghazis case
and the Federal Court in Utra Badi a/l K Perumal. In Ghazis
case, SCJ Jemuri Serjan made the following pronouncement on
this: The right to be heard does not mean the right to be heard
orally. What it means is that the officer concerned should be
given a full opportunity of stating his case.
26
8/4/2019 Assignment Ahmad Shamsul 5
27/52
iv. In any event, the right to an oral hearing has been specifically
provided by regulation 37(5) of the GO which clearly provides
that if the Disciplinary Authority is of the opinion that the case
against the officer requires further clarification, the Disciplinary
Authority may establish an Investigation Committee for the
purpose of obtaining such further clarification.
v. Further, regulation 37B (2) and (3) allows the Investigation
Committee to call the officer to give evidence before the
Committee as well as an opportunity to cross-examine any
witness that was called to give evidence before the Committee.
vi. In Ganasan a/l Marimuthu v. Public Services Commission & Anor
[1998] 4 CLJ 331 at 342, His Lordship NH Chan JCA said:
The Privy Council as well as the Supreme Court have held that
in employing the procedure prescribed in general order 26 and
the former reg 30 of the general orders, the requirements of
fairness have been satisfied by an opportunity to make written
representations to the deciding body. In all such cases, it has
been held time and again by the highest courts in the land that
written representations will suffice and that a fair hearing does
not mean that there must be an opportunity to be heard orally by
27
8/4/2019 Assignment Ahmad Shamsul 5
28/52
the officer in person or by his lawyer at the disciplinary authority
stage.
It is only if a committee of inquiry is appointed because the
disciplinary authority requires further clarification in the case
against the officer (General Order 26(5)), that he will have the
opportunity of giving oral testimony to exculpate himself (General
Order 26(6)). It is only then that the committee has discretion to
allow him to be represented by an officer of the public service or,
in exceptional cases, by an advocate and solicitor (General
Order 26(8)).
vii. However, the Court of Appeal in Ang Seng Wan v Suruhanjaya
Polis Di Raja Malaysia & Anor [2002] 2 MLJ 131 had decided
that in the circumstances of the case, where the officer had given
an exculpatory statement, the failure to hold an oral hearing
tantamount to a failure on the part of the Disciplinary Authority to
afford the officer a reasonably opportunity of being heard. At
page 136-137 Mohd Saari J held:
There is nothing in law which prohibits a disciplinary authority
from holding an oral hearing or enquiry. The decision whether to
hold an enquiry or not would depend on the circumstances of
each case. Under the circumstances of this case, the fact that
28
8/4/2019 Assignment Ahmad Shamsul 5
29/52
there is no evidence whatsoever to contradict the exculpatory
statement of ASP Ang, the holding of an oral hearing or enquiry
would, in our view, be justifiable. It follows, therefore, by such
omission, it tantamount to failure on the part of PSC to afford
ASP Ang a reasonable opportunity of being heard.
7.3. Access to Documents
i. The GO does not provide Disciplinary Authority a duty to supply
documents when directing the officer to make representation to
exculpate himself. The GO only provides a specific situation
where the officer can have access to the documents. This is
provided by regulation 37B(4) which provides that:
(4) No documentary evidence shall be used against an officer
unless the officer has previously been supplied with a copy of the
evidence or given access to the evidence.
ii. In Nicholas Langok Changkok v Director General of Prison & Ors
[2001] 7 CLJ 428, Slaiman Daud JC in applying the GO said as
follows:
It is clearly stated therein that only the report of the incident was
referred the Disciplinary Board and that the Board only
considered that report in finding that there is prima facie case
against the plaintiff and deciding that a charge be framed against
29
8/4/2019 Assignment Ahmad Shamsul 5
30/52
him. I did not find anything in the said reg. 28 to require such
report to be furnished to the plaintiff. Subregulation (1) thereof
only require a statement containing the facts of the breach of
discipline alleged to have been committed by the officer and any
proposed ground on which the officer is to be dismissed or
reduced in rank to be sent to the officer concerned.
iii. Tthe Court of Appeal in the judgment of Justice Sri Ram in Raja
Abdul Maleks case also seemed to indicate that there is no duty
on the disciplinary authority to provide documents without any
requests made by the officer. Therefore, if the officer made a
request for access to the relevant documents, does the refusal to
accede to his request amount to a denial of natural justice?
iv. In Ang Seng Wan, the Court of Appeal had also clearly implied
that in certain circumstance it might be necessary to furnish the
statements of witnesses and reports to the public officer. In Ang
Seng Wan, it was held that "there is nothing in law which
prohibits a disciplinary authority from holding an oral hearing or
enquiry", and that the "decision to hold an enquiry or not would
depend on the circumstances of each case". In the event, it was
held by the Court of Appeal that the absence of evidence to
rebut or contradict the exculpatory statement of the public officer
30
8/4/2019 Assignment Ahmad Shamsul 5
31/52
plus the fact that "the statements of witnesses and reports,
although they were supplied to members of the PSC, were not
supplied to ASP Gan" made it necessary for an oral hearing to
be held, and that therefore the failure to conduct an oral hearing
was a failure in the procedure and a breach of "natural justice as
enshrined under art. 135(2)".
v. The GO does not provide a duty to supply documents when
directing the public officer to make representations. The
legislative scheme has provided the only situation where
documents are supplied to the public officer. This is a situation
where the Disciplinary Authority is of the opinion that further
clarification is needed, only then the public officer is accorded an
oral hearing where regulation 37B(4) provides no documentary
evidence shall be used against the officer unless he is previously
supplied with a copy.
7.4. Autrefois Convict and Autrefois Acquit
i. The doctrine of autrfois convict and autrefois acquit emanates
from criminal law. In Mohammad Yusoff v Attorney General
[1975] 1 MLJ 1, Justice Chua had quoted the principle as stated
by Charles J in R v Mills: The principle is that no man shall be
31
8/4/2019 Assignment Ahmad Shamsul 5
32/52
placed in peril of legal penalties more than once on the same
accusation.
ii. In the GO, regulation 31:
(1) An officer who is acquitted of a criminal charge in any
criminal proceedings shall not be subject to disciplinary action on
the same charge.
(2) Nothing in subregulation (1) shall be construed so as to
prevent disciplinary action from being taken against the officer on
any other ground arising out of his conduct in relation to the
criminal charge, whether or not connected to the performance of
his duties, as long as the grounds for the disciplinary action do
not raise substantially the same issues as those in the criminal
proceedings in relations to the criminal charge of which the
officer was acquitted.
iii. In Mohammad Yusoff v Attorney General [1975] 1 MLJ 1, Justice
Chua held that what is prohibited under the doctrine is double
punishment for the same offence. Therefore, since the Public
Service Commission is merely tasked to enforce a high standard
of propriety and professional conduct and not to enforce
punishment like a court of law, His Lordship held that the
doctrine does not preclude a man who has been acquitted or
32
8/4/2019 Assignment Ahmad Shamsul 5
33/52
convicted upon a set of facts alleged to constitute an offence
being subsequently subjected upon the same facts to disciplinary
action by a domestic tribunal.
iv. The predecessor to regulation 31, which is regulation 29 of the
GO, 1980 became an issue before Justice Steve Shim in Mohd
Nasir Shamsuddin v Inspector General of Police & Anor [1997] 5
CLJ 398. In this case, the officer was charged under section 406
of the Penal Code for dishonest misappropriation or disposal of
property which he had been entrusted with. He was
subsequently discharged not amounting to an acquittal. About 3
years later disciplinary action was taken and he was dismissed
from the police force.
v. One of the issues raised was whether by taking disciplinary
action on the basis of the four charges which contained
substantially the same issues upon which the officer was earlier
discharged not amounting to an acquittal by the magistrate's
court, had contravened regulation 29. Justice Steve Shim then
proceed to examine the ingredients of section 406 of The Penal
Code and compare them with the disciplinary charges. At page
404/a-c His Lordship said:
33
8/4/2019 Assignment Ahmad Shamsul 5
34/52
It is quite obvious that the charges relied upon by the 1st
defendant in dismissing the plaintiff form a concerted attack upon
his general conduct in the performance of his duties - that he
was grossly negligent in the handling of the exhibits under his
care, custody and control at all material times. They are certainly
not directed at any dishonest intention on the part of the plaintiff
in relation to the said exhibits. In the circumstances therefore it
cannot be said that the grounds of dismissal are the same or
substantially the same as those for which the plaintiff was
charged in the magistrate's court and subsequently discharged
not amounting to an acquittal. They might have been concerned
with the same exhibits but the nature and character of the
charges are entirely dissimilar, one being concerned with a
criminal offence and the other with gross negligence or gross
dereliction of duty. That being the case, there has been no
contravention of General Order 29 aforesaid.
8. CONCLUSION
The efficiency of implementation of occupational ethics in Malaysian Public
Service has been argued and discussed. Although there are many regulation,
values and ethics that have been published for implementation, but there are
still need to focus on launching and explaining. Follow ups and continuous
34
8/4/2019 Assignment Ahmad Shamsul 5
35/52
action need to be done by the government agencies. Circulations and
instructions related to values and ethics need to launched in stages so that
ethic values can be implemented. Although there are many programs to
succeed implementation of ethic value in our public service but it won't
succeed until the leaders and the employees in government agencies are
committed toward implementing
occupational ethics.
35
8/4/2019 Assignment Ahmad Shamsul 5
36/52
Public Officers (Conducts And Discipline)
Regulation 1993 Amended In 2002
Main Discipline Regulation
A. Regulation 4. General
(1) An officer shall at all times give his loyalty to the Yang di-Pertuan
Agong, the country and the Government.
(2) An officer shall not-
(a) subordinate his public duty to his private interests;
(b) conduct himself in such a manner as is likely to bring his private
interests into conflict with his public duty;
(c) conduct himself in any manner likely to cause a reasonable
suspicion that
(i) he has allowed his private interests to come into conflict
with his public duty so as to impair his usefulness as a
public officer; or(ii) he has used his public position for his personal
advantage;
(d) conduct himself in such a manner as to bring the public service
into disrepute or bring discredit to the public service;
(e) lack efficiency or industry;
(f) be dishonest or untrustworthy;
(g) be irresponsible;
(h) bring or attempt to bring any form of outside influence or
pressure to support or advance any claim relating to or against
the public service, whether the claim is his own claim or that of
any other officer;
36
Appendix A
8/4/2019 Assignment Ahmad Shamsul 5
37/52
(i) be insubordinate or conduct himself in any manner which can be
reasonably construed as being insubordinate; and
(j) be negligent in performing his duties.
B. Regulation 4A. Sexual harassment
(1) An officer shall not subject another person to sexual harassment, that is
to say, an officer shall not -
(a) make any sexual advance, or any request for sexual favours, to
another person; or
(b) do any act of a sexual nature in relation to another person, in
circumstances in which a reasonable person, having regard to all
the circumstances, would be offended, humiliated or intimidated.
(2) A reference in subregulation (1) to the doing of an act of a sexual
nature to another person
(a) includes the making of a statement of a sexual nature to, or in
the presence of, that other person, whether the statement is
made orally or in writing or in any other manner;
(b) is not limited to the doing of such act at workplace or duringworking hours only as long as the doing of such act brings the
public service into disrepute or bring discredit to the public
service.
C. Regulation 5. Outside employment
(1) Unless and to the extent that he is required or authorized to do so in the
course of his duties as an officer of a public service, an officer shall not
(a) take part, either directly or indirectly, in the management or
dealings of any commercial, agricultural or industrial undertaking;
(b) undertake for reward any work with any institution, company, firm
or private individual;
37
8/4/2019 Assignment Ahmad Shamsul 5
38/52
(c) as an expert, furnish any report or give any evidence, whether
gratuitously or for reward; or
(d) function as an executor, administrator or receiver.
(2) Notwithstanding subregulation (1), an officer may, with the prior written
permission of his Head of Department, carry on any of the activities or
perform any of the services specified in that subregulation, either for his
benefit or for the benefit of his close relatives or any non-profit-making
body of which he is an office-bearer.
(3) In considering whether or not permission should be granted to any
officer under subregulation (2), the Head of Department shall have
regard to the code of conduct as laid down in regulation 4 and shall
ensure that the activity or service-
(a) does not take place during office hours and during such time
when the officer is required to perform his official duties;
(b) does not in any way tend to impair the officer's usefulness as an
officer of the public service; and
(c) does not in any way tend to conflict with the interests of the
public service or be inconsistent with the officer's position as an
officer of the public service.(4) Except as may otherwise be determined by the Federal Treasury, all
sums of money received by an officer as remuneration for carrying on
any of the activities or performing any of the services mentioned in
subregulation (1) shall be deposited with the Federal Treasury pending
its decision as to the amount, if any, which may be retained by the
officer personally and by any other officer who assists such officer in
carrying on the activity or performing the service.
D. Regulation 6. Dress etiquette
(1) An officer on duty shall always be properly attired in such manner as
may be specified by the Government through directives issued from
38
8/4/2019 Assignment Ahmad Shamsul 5
39/52
time to time by the Director General of Public Service or other
authorities.
(2) An officer who is required to attend an official function shall be attired
as specified for the function, and if the dress etiquette for such function
is not specified, he shall be appropriately attired for such function.
E. Regulation 7. Drugs
(1) An officer shall not use or consume any dangerous drug, except as may
be prescribed for his use or consumption for medicinal purposes by a
medical practitioner who is registered under the Medical Act 1971 [Act
50], or abuse or be dependent on any dangerous drug.
(2) If a Government Medical Officer certifies that an officer is using or
consuming, other than for medicinal purposes, a dangerous drug or is
abusing or dependent on a dangerous drug, that officer shall be liable
to disciplinary action with a view to dismissal.
(3) Notwithstanding subregulation (2), the service of an officer whom a
Government Medical Officer has certified to be using or consuming,
other than for medicinal purposes, a dangerous drug or abusing ordependent on a dangerous drug may be terminated in the public
interest under regulation 49 if the officer has attained the optional
retirement age specified by the Government at that time.
(4) For the purpose of this regulation, "dangerous drug" means any drug or
substance listed in the First Schedule to the Dangerous Drugs Act 1952
[Act 234].
F. Regulation 8. Present, etc.
(1) Subject to the provisions of this regulation, an officer shall not receive
or give nor shall he allow his spouse or any other person to receive or
give on his behalf any present, whether in a tangible form or otherwise,
39
8/4/2019 Assignment Ahmad Shamsul 5
40/52
from or to any person, association, body, or group of persons if the
receipt or giving of such present is in any way connected, either directly
or indirectly, with his official duties.
(2) The Head of Department of an officer may, if he thinks fit, permit the
officer to receive a letter of recommendation from any person,
association, body, or group of persons on the occasion of the officer's
retirement or transfer so long as such letter of recommendation is not
enclosed in a receptacle of value.
(3) The Head of Department may permit the collection of spontaneous
contributions by officers under his charge for the purpose of making a
presentation to an officer in his Department on the occasion of the
officer's retirement, transfer or marriage or any other appropriate
occasion.
(4) If the circumstances make it difficult for an officer to refuse a present or
token of value, the receipt of which is prohibited by this regulation, such
present may be formally accepted but the officer shall, as soon as
practicable, submit to his Head of Department a written report
containing a full description and the estimated value of the present and
the circumstances under which it was received.(5) Upon receipt of a report made under subregulation (4), the Head of
Department shall
(a) permit the officer to retain the present; or
(b) direct that the present be returned, through the Head of
Department, to the giver.
G. Regulation 9. Entertainment
An officer may give to or accept from any person any kind of
entertainment if-
40
8/4/2019 Assignment Ahmad Shamsul 5
41/52
(a) the entertainment does not in any manner influence the
performance of his duties as a public officer in the interest of that
person; and
(b) the giving or acceptance of such entertainment is not in any way
inconsistent with regulation 4.
H. Regulation 10. Ownership property
(1) An officer shall, on his appointment to the public service or at any time
thereafter as may be required by the Government, declare in writing to
his Head of Department all properties owned by him or by his spouse or
child or held by any person on his behalf or on behalf of his spouse or
child.
(2) An officer who does not own any property shall make a declaration in
writing to that effect.
(3) Where, after making a declaration under subregulation (1), an officer or
his spouse or child acquires any property, either directly or indirectly, or
any property acquired by him or by his spouse or child is disposed of,
that officer shall immediately declare such acquisition or disposal ofproperty to his Head of Department.
(4) Where an officer or his spouse or child intends to acquire any property,
and the acquisition is inconsistent with regulation 4, the acquisition shall
not be made without the prior written permission of the Secretary
General of the Ministry.
(5) In deciding whether or not to grant permission under subregulation (4),
the Secretary General of the Ministry shall have regard to the following
matters:
(a) the size, amount or value of the property in relation to the
officer's emoluments and any legitimate private means;
(b) whether the acquisition or holding of such property will or is likely
to conflict with the interests of the public service or with the
41
8/4/2019 Assignment Ahmad Shamsul 5
42/52
officer's position as a public servant, or be in any way
inconsistent with regulation 4;
(c) any other factor which he may consider necessary for upholding
the integrity and efficiency of the public service.
(6) The Head of Department shall, if he is satisfied with the declaration of
property made by the officer, direct that it be recorded in the officer's
records of service that the declaration has been made.
(7) Every declaration under subregulation (1) shall be categorized as
classified and every person who gains information under this regulation
of any such declaration shall comply with the procedures and
regulations pertaining to the management of the Government's
classified documents.
(8) In this regulation, "property" includes property of any description,
whether movable or immovable, as may be prescribed by the Director
General of Public Service from time to time.
I. Regulation 11: Maintaining a standard of living beyond
emoluments and legitimate private means
(1) Where the Head of Department is of the opinion that an officer is or
appears to be-
(a) maintaining a standard of living which is beyond his emoluments
and other legitimate private means, if any; or
(b) in control or in possession of pecuniary resources or property,
movable or immovable, the value of which is disproportionate to,
or which could not reasonably be expected to have been
acquired by the officer with his emoluments and other legitimate
private means,
the Head of Department shall, by notice in writing, requires the officer to
give a written explanation within a period of thirty days from the date of
42
8/4/2019 Assignment Ahmad Shamsul 5
43/52
receipt of such notice on how he is able to maintain such standard of
living or how he obtained such pecuniary resources or property.
(2) The Head of Department shall, upon receipt of the explanation under
subregulation (1) or, where the officer fails to give any explanation
within the specified period, upon the expiry of such period, report this
fact to the appropriate Disciplinary Authority together with the officer's
explanation, if any.
(3) Upon receipt of the report under subregulation (2), the appropriate
Disciplinary Authority may take disciplinary action against the officer or
take such other action against the officer as it deems fit.
J. Regulation 12. Borrowing money
(1) No officer may borrow from any person or stand as surety to any
borrower, or in any manner place himself under a pecuniary obligation
to any person-
(a) who is directly or indirectly subject to his official authority;
(b) with whom the officer has or is likely to have official dealings;(c) who resides or possesses land or carries on business within the
local limits of his official authority; or
(d) who carries on the business of money lending.
(2) Notwithstanding subregulation (1), an officer may borrow money from,
or stand as surety to any person who borrows money from, any
financial institution, insurer or co-operative society, or incur debt
through the acquisition of goods by means of hire-purchase
agreements, if
(a) the financial institution, insurer or co-operative society from
which the officer borrows is not directly subject to his official
authority;
43
8/4/2019 Assignment Ahmad Shamsul 5
44/52
(b) the borrowing does not and will not lead to public scandal and
cannot be construed as an abuse by the officer of his public
position to his private advantage; and
(c) the aggregate of his debts does not or is not likely to cause the
officer to be in serious pecuniary indebtedness as defined under
subregulations 13(7) and (8).
(3) Subject to subregulation (2), an officer may incur debts arising from-
(a) sums borrowed on the security of land charged or mortgaged,
where the sums borrowed do not exceed the value of the land;
(b) overdrafts or other credit facilities approved by financial
institutions;
(c) sums borrowed from insurers on the security of insurance
policies;
(d) sums borrowed from the Government or any co-operative
society;
(e) payment due on goods acquired by means of hire-purchase
agreements.
K. Regulation 13. Serious pecuniary indebtedness
(1) An officer shall not in any manner cause himself to be in serious
pecuniary indebtedness.
(2) Serious pecuniary indebtedness from whatever cause, other than as a
result of unavoidable misfortune not contributed to in any way by the
officer himself, shall be regarded as bringing disrepute to the public
service and shall render the officer liable to disciplinary action.
(3) Where serious pecuniary indebtedness has occurred as a result of
unavoidable misfortune, the Government may give to the officer such
assistance as the circumstances may warrant.
(4) If an officer finds that his debts cause or are likely to cause serious
pecuniary indebtedness to him, or civil proceedings arising from the
44
8/4/2019 Assignment Ahmad Shamsul 5
45/52
debt have been instituted against him, he shall immediately report this
fact to his Head of Department.
(5) An officer who fails or delays in reporting his serious pecuniary
indebtedness or who reports his serious pecuniary indebtedness but
fails to disclose its full extent or gives a false or misleading account of
such indebtedness commits a breach of discipline and shall be liable to
disciplinary action.
(6) Without prejudice to the other provisions of this regulation, where an
officer's debts amount to serious pecuniary indebtedness but he has
not been adjudged a bankrupt, the Head of Department shall monitor
and, from time to time, review the case.
(7) For the purpose of this regulation, the expression "serious pecuniary
indebtedness" means the state of an officer's indebtedness which,
having regard to the amount of debts incurred by him, has actually
caused serious financial hardship to him.
(8) Without prejudice to the general meaning of the expression "serious
pecuniary indebtedness" set out in subregulation (7), an officer shall be
deemed to be in serious pecuniary indebtedness if-
(a) the aggregate of his unsecured debts and liabilities at any giventime exceeds ten times his monthly emoluments;
(b) he is a judgement debtor and the judgment debt has not been
settled within the period of one month upon receipt of the sealed
order of the judgement; or
(c) he is a bankrupt, or an insolvent wage earner, as the case may
be, for so long as any judgment against him in favour of the
Official Assignee remains unsatisfied or for so long as there is no
annulment of his adjudication of bankruptcy.
(9) Notwithstanding subregulation (7), an officer may incur debts for the
purpose of education loan so long as he is not declared a bankrupt.
45
8/4/2019 Assignment Ahmad Shamsul 5
46/52
L. Regulation 14. Report of serious pecuniary indebtedness
(1) The Registrar or Senior Assistant Registrar of the High Court and the
Registrar of the Sessions and Magistrate's Courts shall, in respect of
proceedings in their courts, report to the appropriate Head of
Department every case of a public officer-
(a) who, being a judgement debtor, does not appear from the file of
the suit to have settled the debt within the period of one month
upon receipt of the sealed order of the judgement;
(b) who has filed his own petition in bankruptcy or for a wage
earner's administration order; or
(c) against whom a creditor's petition in bankruptcy has been
presented.
(2) The Official Assignee shall, as soon as he has sufficiently investigated
the affairs of a public officer who is a bankrupt or an insolvent wage
earner, communicate to the appropriate Head of Department a report
containing the following matters:
(a) the Statement of Affairs filed by the bankrupt or an insolvent
wage earner in accordance with the bankruptcy law for the timebeing in force;
(b) the amount of instalment payment ordered or proposed to be
made;
(c) whether or not the Official Assignee proposes to initiate any
further proceedings and, if so, a brief indication relating to the
nature of those further proceedings;
(d) the main cause of the bankruptcy;
(e) whether in his opinion the case involves unavoidable misfortune,
dishonourable conduct or any other special circumstances,
favourable or unfavourable to the officer; and
(f) any other matter which, in his discretion, he thinks proper to
mention.
46
8/4/2019 Assignment Ahmad Shamsul 5
47/52
(3) The Head of Department shall forward the report received under
subregulations (1) and (2) together with his report on the officer's work
and conduct before and since his serious pecuniary indebtedness to
the appropriate Disciplinary Authority.
(4) After considering all the reports, the appropriate Disciplinary Authority
shall decide whether to take disciplinary action against the officer
concerned and, if so, what action to take.
(5) If the disciplinary action taken under subregulation (4) results in a
punishment of deferment of salary movement, the appropriate
Disciplinary Authority may, on the expiry of the deferment of salary
movement, order that an amount equivalent to the restored salary
movement be added to the instalments payable to the Official Assignee
or to any judgement creditor.
(6) An officer who obtains an annulment of his bankruptcy may be treated
as having fully restored his credit.
M Regulation 15. Lending money
(1) An officer shall not lend money at interest, whether with or withoutsecurity.
(2) The placing of money on fixed deposit or into an account in any
financial institution or co-operative society or in bonds issued by the
Government or by any statutory body shall not be regarded as lending
of money at interest for the purposes of this regulation.
N. Regulation 16. Involvement in the futures market
No officer shall involve himself as a buyer or seller or otherwise in any local or
foreign futures market.
47
8/4/2019 Assignment Ahmad Shamsul 5
48/52
O. Regulation 17. Lucky draws, lotteries, etc.
An officer shall not hold or organize or participate in any lucky draws or
lotteries other than for purposes of charity.
P. Regulation 18. Publication of books, etc.
An officer shall not publish or write any book, article or other work which is
based on classified official information.
Q. Regulation 19. Making public statement
(1) An officer shall not, orally or in writing or in any other manner-
(a) make any public statement that is detrimental to any policy,
programme or decision of the Government on any issue;
(b) make any public statement which may embarrass or bring
disrepute to the Government;
(c) make any comments on any weaknesses of any policy,
programme or decision of the Government; or(d) circulate such statement or comments, whether made by him or
any other person.
(2) An officer shall not, either orally or in writing or in any other manner-
(a) make any comments on the advantages of any policy,
programme or decision of the Government;
(b) give any factual information relating to the exercise of the
functions of the Government;
(c) give any explanation in respect of any incident or report which
involves the Government; or
(d) disseminate any such comment, information or explanation
whether made by him or any other person, unless the prior
48
8/4/2019 Assignment Ahmad Shamsul 5
49/52
written permission, either generally or specifically, has first been
obtained from the Minister.
(3) Subregulation (2) shall not apply to any comment, information or
explanation made, given or disseminated where the contents of the
comment, information or explanation had been approved by the
Minister.
(4) For the purpose of this regulation, "public statement" includes any
statement or comment made to the press or to the public or in the
course of any public lecture or speech or in any broadcast or
publication, regardless of the means.
R. Regulation 20. Prohibition on acting as editor, etc., in any
publication
An officer shall not act as the editor of, or take part directly or indirectly
in the management of, or in any way make any financial contribution or
otherwise to, any publication, including any newspaper, magazine or
journal, regardless of the means by which it is published, except the
following publications:(a) departmental publications;
(b) professional publications;
(c) publications of non-political voluntary organizations; and
(d) publications approved in writing by the Head of Department for
the purposes of this regulation.
S. Regulation 21. Taking part in politics
(1) Except as provided in subregulation (3), an officer in the Top
Management Group and the Managerial and Professional Group is
prohibited from taking an active part in political activities or wearing any
emblem of a political party, and in particular he shall not-
49
8/4/2019 Assignment Ahmad Shamsul 5
50/52
(a) make any public statement, whether orally or in writing, that
would adopt a partisan view on any matter which is an issue
between political parties;
(b) publish or circulate books, articles or leaflets setting forth his
partisan views, or the views of others, on any matter pertaining
to any political party;
(c) engage in canvassing in support of any candidate at a general
election, by-election or any election to any office in any political
party;
(d) act as an election agent or a polling agent or in any capacity for
or on behalf of a candidate at an election to the Dewan Rakyat or
to any State Legislative Assembly;
(e) stand for election for any post in any political party; or
(f) hold any post in any political party.
(2) An officer in the Support Group may stand for election or hold office or
be appointed to any post in a political party after first obtaining the
written approval of the Director General of Public Service or the
Secretary General of the appropriate Ministry, as the case may be.
(3) Notwithstanding the provisions of subregulation (1), an officer who hasbeen granted leave until the date of his retirement for the purpose of
finishing his accumulated leave may participate in political activities
provided that-
(a) he has obtained the prior written approval of the Director General
of Public Service or the Secretary General of the appropriate
Ministry, as the case may be; and
(b) by being so engaged he does not contravene the provisions of
the Official Secrets Act 1972 [Act 88].
(4) An application for approval under paragraph (3)(a) shall be made at
least three months prior to the date the officer is allowed to go on leave
prior to retirement.
50
8/4/2019 Assignment Ahmad Shamsul 5
51/52
(5) Nothing in this regulation shall preclude an officer from being an
ordinary member of any political party.
(6) An officer who has been accepted as an ordinary member of any
political party shall as soon as possible inform this fact to his
Head of Department.
T. Regulation 22. Institution of legal proceedings and legal aid
(1) Where an officer desires legal aid as provided for under subregulation
(3) he shall not institute legal proceedings in his own personal interests
in connection with matters arising out of his public duties without the
prior consent of the Secretary General of the Ministry.
(2) An officer who receives a notice of the institution or intended institution
of legal proceedings against him in connection with matters arising out
of his public duties or who receives any process of court relating to
such legal proceedings shall immediately report the matter to the Head
of Department for instructions as to whether and how the notice or, as
the case may be, the process of court is to be acknowledged, answered
or defended.(3) An officer who desires legal aid to retain and instruct an advocate and
solicitor for the purpose of legal proceedings in connection with matters
arising out of his public duties may make an application to the Secretary
General of the Ministry.
(4) An application under subregulation (3) shall contain all the facts and
circumstances of the case together with the considered opinion of the
Head of Department as to the nature of the officer's involvement and
shall be addressed and submitted to the Secretary General of the
Ministry.
(5) Upon receipt of an application under subregulation (3), the Secretary
General of the Ministry may approve or reject the application, subject to
the advice of the Attorney General as to-
51
8/4/2019 Assignment Ahmad Shamsul 5
52/52
(a) the amount of legal aid to be approved;
(b) the advocate and solicitor to be retained and instructed by the
officer; or
(c) any other conditions which the Attorney General may consider
advisable,
and to a further implied condition that, in the event of the officer being
awarded costs by the court at the conclusion of the legal proceedings,
no payment in respect of the legal aid so approved will be made by the
Government unless the amount of costs so awarded to him is
insufficient to meet charges for retaining and instructing an advocate
and solicitor.
(6) Charges for employing, without the approval of the Secretary General
of the Ministry, an advocate and solicitor retained and instructed by or
on behalf of an officer in legal proceedings in connection with matters
arising out of his public duties shall not be paid for by the Government.
U. Regulation 23. Absence from duty
In this Part, "absence", in relation to an officer, includes a failure to be present
for any length of time at a time and place where the officer is required to be
present for the performance of his duties.
V. Regulation 24. Disciplinary action for absence without leave
An officer's absence from duty without leave or without prior permission or
without reasonable cause shall render him liable to disciplinary action.
Top Related