Offered a Bribe? Duty to Report or Face Charges
Offered a Bribe? Why Keeping Quiet Can Be an Offence in Itself
What every Malaysian should know about the duty to report bribery under section 25 of the MACC Act 2009, and how to report safely
Introduction
A traffic officer suggests that you “settle it here” instead of getting a summons. A supplier slips a fat red packet into your hand after a meeting and says it is “just for Chinese New Year”. A clerk at a government counter tells you your application will move faster if you leave something “for coffee”. A man calls to say your son in the lock-up can have his roti canai, but only if you bring along RM200.
Most people’s instinct is simple. Say no, walk away and forget about it. Some quietly pay, thinking it is the easiest way out. Very few think of reporting it.
Under Malaysian law, however, walking away and saying nothing is not always the end of the matter. Section 25 of the Malaysian Anti-Corruption Commission Act 2009 (MACC Act) makes it a criminal offence to fail to report a bribe that was offered to you, or a bribe that someone asked you for. The duty applies to “any person”, not only civil servants. This article explains what the law requires, what counts as a bribe, what actually happens after you report to the MACC (SPRM), and how the law protects people who come forward.
What section 25 actually says
Section 25 creates two separate duties. Both apply to everyone, whether you are a businessman, an employee, a contractor, a civil servant or a member of the public.
| Duty 1: You were OFFERED a bribe | Duty 2: You were ASKED for a bribe | |
|---|---|---|
| Who must report | Anyone who is given, promised or offered a bribe | Anyone from whom a bribe is asked for or obtained, or someone has tried to obtain one |
| What to report | The gift, promise or offer, and the name of the person behind it if known | The request or attempt, with a full and true description, and the name of the person if known |
| Report to | The nearest MACC officer or police officer | An MACC officer or police officer |
| When | The Act sets no fixed time, so report promptly | At the earliest opportunity |
| Penalty for failing to report | Fine of up to RM100,000, jail of up to ten years, or both | Fine of up to RM10,000, jail of up to two years, or both, if there is no reasonable excuse |
This duty was not always so wide. The old Prevention of Corruption Act 1961 did not punish people who kept quiet about being asked for a bribe. That offence only came in by the Anti-Corruption Act 1997. Under the earlier laws, the duty to report an offer applied only to Members of Parliament, members of public bodies and public officers. The MACC Act now extends it to “any person”. In effect, the law now expects every individual to act as a first line of defence against corruption.
What counts as a bribe?
The MACC Act uses the word “gratification”, and it is defined very widely in section 3. It covers, among other things:
- money, gifts, loans, fees, rewards, property and any financial benefit
- a job, an appointment or a contract for services
- paying off or forgiving a loan or debt
- discounts, commissions, rebates, bonuses or percentages
- any other service or favour, including protection from a penalty or from disciplinary, civil or criminal action
- any offer, undertaking or promise of any of the above, whether conditional or not
So an offer to “help your son get a job”, a promise to “forget about the summons” or a “special discount” from a supplier can all fall within the definition, even if no cash is involved.
“Duit kopi” is still a bribe
Small “speed money” payments, known as facilitation payments, are clearly illegal in Malaysia. The courts have convicted people over very small sums. In one old case, a man was jailed for one month for handing a registration clerk just $4 to speed up a duplicate certificate. In Hamidon Mat Yatim v Public Prosecutor, an Assistant Director of Registration was jailed and fined for taking RM500 to speed up a birth certificate application. The private sector is not exempt either. In Public Prosecutor v Chan Kit Tong Sally, a developer who demanded RM15,000 in “under counter” money from a low-cost house buyer was convicted after the money was handed over in her office during a trap laid by the anti-corruption authority of the day.
Is it a gift or a bribe?
Not every present is a bribe. The courts look at the purpose behind it. In Choong Oi Choo v Public Prosecutor, a woman who brought a bag of five apples and four oranges to the house of a State Executive Councillor while asking about a low-cost house had her conviction overturned. The High Court accepted that small, inexpensive gifts and ordinary hospitality can be part of the normal courtesies of life. It also warned, however, that a person with corrupt intentions may start with small, harmless-looking gifts to test the recipient, and then gradually increase them until the recipient feels obliged.
For civil servants, the Public Services Department’s Service Circular No 3 of 1998 generally takes a no-gift approach, with limited exceptions and approval requirements based on value and occasion. Whatever the value, a gift received with a corrupt purpose, or from someone with whom the officer has official dealings, can still be an offence.
| A simple test: Ask yourself why the gift is being given and why now. If it is linked to a decision you are about to make, a tender, an approval, an inspection or a pending case, treat it as a possible bribe. |
Why keeping quiet, or paying, puts you at risk
There are three main ways a person who is approached can end up in trouble.
- Failing to report. This is the section 25 offence itself. It does not matter that you refused the offer. The law requires you to report it.
- Paying the bribe. A person who gives, offers or promises a bribe commits an offence under sections 16, 17 or 21 of the MACC Act, depending on who receives it. On conviction, the penalty is jail of up to 20 years and a fine of at least five times the value of the bribe or RM10,000, whichever is higher.
- Accepting “just a token”. Once it is proved that money or a benefit changed hands, section 50 of the MACC Act presumes that it was given or received corruptly. The burden then shifts to the accused to prove otherwise on a balance of probabilities. Calling it “upah”, “ang pow” or “a token of appreciation” does not help, as the Fadhil Hassan case below shows.
It is also an offence under section 27 of the MACC Act to make a statement to the MACC that you know is false. This does not affect people who report honestly. The offence requires knowledge that the statement is false, so a person who reports in good faith is not caught simply because the suspicion later turns out to be wrong.
What to do if you are offered or asked for a bribe
| STEP 1 | Do not agree, and do not pay |
Decline clearly and politely. Avoid saying anything that could be read as agreement, such as “let me think about it” or “how much?”. If you feel unsafe, leave the situation calmly.
| STEP 2 | Write everything down immediately |
While the details are fresh, note down who approached you, when and where it happened, what exactly was said, how much was asked for or offered, what it was for, and who else was present. Keep messages, call logs, business cards, envelopes and any other items. Do not delete WhatsApp chats, even if they make you uncomfortable.
| Why details matter: In the Chua Beng Seong case below, the court acquitted the accused on one charge because the evidence was unclear whether he had asked for RM400,000 or RM350,000. The exact amount was an essential part of the offence. A clear, early record protects both you and the case. |
| STEP 3 | Report to the MACC or the police |
A report about an offence under the MACC Act can be made orally or in writing to an MACC officer, at any MACC (SPRM) office, or to a police officer. Bring your notes and any evidence. If you are unsure how to put it, a lawyer can help you prepare. In the Chua Beng Seong case, the contractor met his lawyer first, who told him to lodge a report with the anti-corruption agency. He lodged it two days after his last meeting with the engineer.
| STEP 4 | Keep it confidential and let the MACC lead |
Do not tell the person that you have reported him, and do not set up your own “sting” to collect evidence. If the MACC decides to act, it will tell you what to do. Tell only those who truly need to know, such as your lawyer or, where appropriate, your company’s compliance officer.
What happens after you report?
Once an MACC officer has reason to suspect that an offence has been committed, he must start an investigation, and he can use all the investigation powers under the MACC Act and the Criminal Procedure Code. In bribery cases, this very often means a trap operation.
The pattern in the reported cases is strikingly similar. The person who reported is asked to make phone calls to the suspect from the MACC office, and those calls are recorded with legal authority. The MACC prepares “marked notes”, banknotes whose serial numbers are recorded in advance. The reporter then meets the suspect, hands over the marked money under the watch of MACC officers, and the suspect is arrested on the spot with the money in hand.
Will I be treated as an accomplice?
Many people worry that handing over trap money makes them part of the crime. Section 52 of the MACC Act deals with this directly. A witness is not regarded as an accomplice merely because he gave, offered or agreed to give a bribe, or was otherwise involved in or knew about the offence. An agent provocateur, meaning a person who takes part in a trap mainly to secure evidence, is not presumed to be unreliable just because of that role. Statements the suspect makes to him are admissible in court. AMLA contains a similar rule in section 69 for money laundering investigations.
In practice, this means a person who cooperates with the MACC in a trap, under its direction, is treated as a witness for the prosecution, not as a co-accused.
How the law protects people who report
| Protection | What it covers | Conditions and limits |
|---|---|---|
| Section 65 MACC Act (informer secrecy) | The informer’s identity and the information given are kept secret and cannot be disclosed in court proceedings. | Applies only where an MACC officer makes a complaint based on the information received. |
| Whistleblower Protection Act 2010 | Confidentiality of identity and information, immunity from civil, criminal and disciplinary action for the disclosure, and protection from reprisal for the whistleblower and people linked to him. | The disclosure must be made to an enforcement agency. Protection can be revoked, for example, if the whistleblower took part in the wrongdoing, knowingly made a false statement, or made a frivolous or vexatious report. |
| Offences against those who retaliate | Revealing a whistleblower’s confidential information: fine of up to RM50,000, jail of up to ten years, or both. Taking detrimental action such as sacking, demoting or harassing a whistleblower: fine of up to RM100,000, jail of up to 15 years, or both. | The person must qualify as a whistleblower in the first place. |
Two practical points stand out. First, report to the MACC or the police, not to the media, social media or a politician. In Rokiah binti Mhd Noor v Menteri Perdagangan Dalam Negeri, Koperasi & Kepenggunaan, two senior officers lost the protection of the Whistleblower Protection Act because, besides reporting to the anti-corruption authority, they also sent their allegations to the Prime Minister and other Government leaders, none of whom is an enforcement agency. Second, the MACC’s website states that informers seeking protection should be willing to be identified to the MACC and give a way to be contacted. Completely anonymous tips may not attract protection.
Real cases: what happened when people reported
CASE SPOTLIGHT Public Prosecutor v Chua Beng Seong & Another Case [2016] 5 CLJ 456 (High Court, Penang) |
What happened: A consultant engineer supervising a Penang council project told a contractor he could help him win a tender, and asked for RM400,000. After the contractor won the job, the engineer began pressing for the money and, according to the contractor, caused problems on site and held back interim payments. At a meeting, the demand was cut to RM350,000. The contractor then saw his lawyer and lodged a report with the anti-corruption agency. Under the agency’s direction, he made a recorded call to the engineer and handed over RM350,000 in marked notes in the lobby of the engineer’s office building. The engineer was arrested holding the bag. What the court decided: The engineer was convicted of corruptly receiving RM350,000 and sentenced to three years’ jail and a fine of RM1.75 million. On appeal, the High Court upheld the conviction. It held that, as a witness, the contractor was not to be treated as an accomplice, and that the marked notes found on the engineer strongly corroborated his evidence. However, the engineer was acquitted on a separate charge of asking for RM400,000 back in 2007, because the evidence was unclear about the exact amount demanded. At the time of the judgment, both sides had filed further appeals. Why it matters to you: This case shows the whole journey, from the first request to the trap and the conviction. It also shows the cost of waiting. The request was first made in 2007, but the report came only in 2009, after the figures had shifted, and the earlier charge failed for lack of a clear amount. Report early and record the exact figures. |
CASE SPOTLIGHT Pendakwa Raya lwn Afifah Zainal Abidin [2021] 1 LNS 2672 (High Court, Alor Setar) |
What happened: A man arrested for selling ketum water under the Poisons Act 1952 was asked by a police sergeant for RM2,000 to delay the charging process against him. He and his wife went to the MACC office in Kedah to complain. From there, under the MACC’s direction, he called the sergeant to discuss the payment, and two days later he handed over RM2,000 in trap money at a restaurant. The sergeant was arrested on the spot. What the court decided: The sergeant was convicted on two charges under section 21(b) of the MACC Act, one for asking for the bribe and one for receiving it. She was sentenced to one day’s jail and a RM10,000 fine on each charge, and lost her career in the police force. The prosecution appealed, saying the sentence was too light, but the High Court upheld it. At the time of the judgment, the prosecution had filed a further appeal. Why it matters to you: The person who reported was himself facing a criminal case, yet he still went to the MACC, and the officer who tried to exploit his situation was convicted. Being in a weak position does not take away your right, or your duty, to report a bribe request. |
CASE SPOTLIGHT Public Prosecutor v Fadhil Hassan [2017] 1 LNS 2103 (High Court, Penang) |
What happened: A policeman on lock-up duty told a detainee that his father could send in roti canai, but only with RM200 as “upah”. When the father called the number he was given, he was told he had to pay RM200. Instead of quietly paying, he complained to the MACC. The MACC recorded his calls with the policeman and handed him RM200 in marked notes. At a bus stop near Hospital Kepala Batas, the father handed over the food, cigarettes and money, and the policeman was arrested. What the court decided: The Sessions Court acquitted the policeman, accepting that bringing in food was not part of his police duties. On appeal, the High Court disagreed and convicted him, sentencing him to 18 months’ jail and a RM10,000 fine. It held that lock-ups are strictly regulated, so the act was related to his duties. It also rejected his defence that the money was only “upah”, noting that the word itself is closely linked to gratification, and that he had actively demanded and chased the payment. Why it matters to you: Even a small amount for something that seems harmless, like sending food to a family member in custody, can be a bribe. The father did exactly what section 25 requires of someone who is asked for a bribe, and the case succeeded because of it. Labelling a payment as “upah” or a token does not change what it is. |
CASE SPOTLIGHT Lee Chin Hon & Anor v Public Prosecutor [2020] MLJU 2573 (High Court, Kuching) |
What happened: During a joint MACC and Immigration operation at a construction site, officers found eight Indonesian workers without valid work permits. Two men connected to the site asked whether the matter could be “settled”, and one of them signalled RM5,000 with five fingers. The Immigration officer and an MACC officer both warned them that bribing a public servant was wrong. They went ahead anyway, counted out RM5,000 and handed it over. The exchange was recorded on video. What the court decided: Both men were convicted under section 17(b) of the MACC Act of corruptly giving gratification to a Government agent. Each was sentenced to six months’ jail and a RM25,000 fine. The High Court dismissed their appeals, rejected their explanation that the money was a loan meant for the workers, and held that they had failed to rebut the presumption of corruption. Why it matters to you: This case shows the other side of the coin. The officer who was offered the money refused it, warned them and recorded the offer, and the people who tried to “settle” were the ones convicted. If you are tempted to offer money to make a problem go away, remember that you are the one committing the offence. |
CASE SPOTLIGHT Noordin Sadakathullah & Ors v Public Prosecutor [2019] 1 CLJ 748 (Court of Appeal) |
What happened: Three police officers arrested a group of men over a stolen lorry and, according to the men, agreed to release them for RM10,000. The men borrowed and withdrew the money, paid it over and were released without any arrest report being made. A relative who was himself a police inspector found out, and six days later the men lodged a report with the MACC. When one of the officers then offered to return the money, the MACC set a trap and arrested the officers. What the court decided: The officers claimed the money was meant to be passed to the buyer of the lorry. The Court of Appeal rejected this as an afterthought, noting that no arrest report was made and the money was kept for eight days. Each officer was jailed for three years and fined RM50,000. Why it matters to you: These men had already paid under pressure, but they still came forward within days, and the case against the officers succeeded. Reporting promptly, even after the fact, can expose those who demanded the money. Bear in mind, though, that paying a bribe can itself be an offence, so anyone in this position should get legal advice and report without delay. |
Do’s and don’ts at a glance
| Do | Don’t |
|---|---|
| Say no clearly and politely. | Say “how much?” or “let me think about it”. |
| Write down who, what, when, where and how much. | Rely on memory alone. |
| Keep messages, call logs and any items given to you. | Delete chats or throw away envelopes. |
| Report to the MACC or the police promptly. | Post the allegation on social media or send it to politicians. |
| Follow the MACC’s directions if a trap is planned. | Set up your own sting or confront the person. |
| Get legal advice if you have already paid or are unsure. | Assume that refusing the bribe is enough. |
Your bribe encounter record
Use this simple checklist to capture the details as soon as possible after the incident, then bring it with you when you report.
| Detail | What to note |
|---|---|
| Who | Name, position, department or company, vehicle number, phone number |
| When and where | Date, time and exact location |
| What was said | The exact words used, in the original language if possible |
| What was offered or asked for | Amount of money or description of the gift, favour or benefit |
| In return for what | The decision, approval, contract, summons or case involved |
| Witnesses | Anyone else present or aware of the approach |
| Evidence | Messages, call logs, recordings, envelopes, receipts, photos |
| Your response | What you said and did |
Frequently asked questions
I refused the bribe. Do I still need to report it? Yes. Section 25 requires you to report the offer or request itself. Refusing it is the right thing to do, but it does not cancel the duty to report.
Does this apply to me if I work in the private sector? Yes. The duty applies to “any person”. A supplier offering kickbacks to your purchasing staff, or a client’s employee asking for a “commission”, is just as reportable as a request from a government officer.
Is a festive hamper or ang pow a bribe? Not automatically. The courts look at the purpose and the circumstances. A small seasonal gift with no link to any decision is usually part of normal courtesy. A generous gift given just before a tender, an approval or an inspection is a red flag. If in doubt, decline it or declare it under your employer’s policy.
I already paid. Will reporting get me into trouble? Paying a bribe can be an offence, and reporting does not give automatic immunity. However, people who paid under pressure have reported and given evidence against those who demanded the money, as the Noordin case shows. Speak to a lawyer immediately and do not wait.
Will the person find out it was me? The MACC Act and the Whistleblower Protection Act both protect the confidentiality of informers, subject to the conditions explained above. If you are called to give evidence in court, however, your role may become known.
What if I report and the MACC finds nothing? You are not liable for a report made in good faith. The offence of making a false statement applies only if you knew the statement was false or meant to mislead.
Conclusion
Saying no to a bribe takes courage. But under section 25 of the MACC Act, saying no is only half the job. The law now expects every person who is offered a bribe, or asked for one, to report it to the MACC or the police. The cases show that when ordinary people do so, whether a contractor, a father with a son in the lock-up or a man facing his own criminal case, the people who demand bribes can be caught and convicted.
If you have been offered or asked for a bribe, or you are worried about something you have already done, speak to a lawyer before you take your next step. Our team can guide you through making a report, dealing with the MACC and protecting your position.
Disclaimer: This article is for general information only and does not constitute legal advice. The law and its application may change, and every case depends on its own facts. Please seek specific legal advice before acting on any matter discussed here.
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