The Disposable Hero Of Hypocrisy

Dear Sir,

I am giving CM Lim Guan Eng an ultimatum to return the car to the vendor within seven business day. Failing which I will lodge a corruption report against him under section 16 of the Malaysian Anti-Corruption Commission Act 2009. This is my New Year gift to Lim Guan Eng in reciprocal to his New Year lawsuit gift to vocal critic, Jimmy Lim Cheok Siang of Citizen Chant

The Mercedes-Benz S300L was exempted from tax and was given a special discount of RM100,000. It was purchased at RM298,263.75 , the original price was RM657,218.

CM Lim Guan Eng should explain in court of law how the discount given in the Mercedes purchase is not in anticipation of political influence for tenders and government contracts in the future.

Lowe Motors is a potential supplier of the official cars. The hefty discount is unprecedented and illogical in business sense. The discount was given after the vendor failed to sell 15 units of Mercedes-Benz E250 to the state government. It is only offer specially to the Chief Minister. Therefore the discount will be viewed as something with hidden agenda. Lim Guan Eng should immediately return the car and disassociate himself from this deal. As head of the state government, Lim Guan Eng play a part in deciding the type of car to be used as an official car. This will create a situation of conflict of interest.

The following is what Hong Kong’s Prevention of Bribery Ordinance (POBO) said about the discount from the vendor:
Q: Is it against the law if an employee of a public body accepts an advantage from someone without returning a favour at his official duties?

A:If both the offeror and receiver believe the advantage involves the employee to use his power to offer a favour to the offeror of the advantage, they are in breach of Section 4 of the POBO even though that employee does not have the required power, or does not intend to or actually does not offer any favour at his official duties.

Let take a look at the Malaysian Anti-Corruption Commission Act 2009

“gratification” means-
(a) money, donation, gift, loan, fee, reward, valuable security, property or interest in property being property of any description whether movable or immovable, or any other similar advantage;
(b) any office, dignity, employment, contract of employment or services, and any agreement to give employment or render services in any capacity;
(c) any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;
(d) any valuable consideration of any kind, any discount, commission, rebate, bonus, deduction or percentage;
(e) any forbearance to demand any money or money’s worth or valuable thing;
(f) any other service or favour of any description, such as protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted, and including the exercise or the forbearance from the exercise of any right or any official power or duty; and
(g) any offer, undertaking or promise, whether conditional or unconditional, of any gratification within the meaning of any of the preceding paragraphs (a) to (f);

Section 16 Offence of accepting gratification

Any person who by himself, or by or in conjunction with any other person
( a) corruptly solicits or receives or agrees to receive for himself or for any other person; or
( b) corruptly gives, promises or offers to any person whether for the benefit of that person or of another person,

any gratification as an inducement to or a reward for, or otherwise on account of—
( A ) any person doing or forbearing to do anything in respect of any matter or transaction, actual or proposed or likely to take place; or
( B ) any officer of a public body doing or forbearing to do anything in respect of any matter or transaction, actual or proposed or likely to take place, in which the public body is concerned, shall be guilty of an offence

Any person who is found guilty of an offence under section 16, 17, 20, 21, 22 or 23 shall on conviction be liable to—
(a) imprisonment for a term not exceeding twenty years; and
(b) a fine of not less than five times the sum or value of the gratification which is the subject matter of the offence where such gratification is capable of being valued or is of a pecuniary nature, or ten thousand ringgit, whichever is the higher.

Regards,

Ong Eu Soon