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Legislation | Corruption Offences Under The PCA
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- corruptly solicit, receive, or agree to receive any gratification for himself, or for any other person; or
- corruptly give, promise, or offer to any person any gratification, whether for the benefit of that person or of another person,
as an inducement to or reward for any person to do or forbear to do anything in respect of any matter or transaction whatsoever, actual or proposed.
- an agent corruptly accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, any act in relation to his principal's affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal's affairs or business;
- any person corruptly gives or agrees to give or offers any gratification to any agent as an inducement or reward for doing or forbearing to do, or for having done or forborne to do any act in relation to his principal's affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal's affairs or business; or
- any person knowingly gives to an agent, or if an agent knowingly uses with intent to deceive his principal, any receipt, account or other document in respect of which the principal is interested, and which contains any statement which is false or erroneous or deflective in any material particular, and which to his knowledge is intended to mislead the principal.
Anyone found guilty of an offence under Section 5 or 6 of the PCA shall be liable on conviction to a fine not exceeding $100,000/- or to imprisonment for a term not exceeding 5 years or to both.
- refuses the Director or any officer authorised to enter or search, access to any place;
- assaults, obstructs, hinders or delays him in effecting any entrance which he is entitled to effect under this Act, or in the execution of any duty imposed or power conferred by this Act;
- fails to comply with any lawful demands of the Director or any officer in the execution of his duty under this Act; or
- refuses or neglects to give any information which may reasonably be required of him and which he has it in his power to give,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding one year or to both.
- Example 1 (public sector)
A public officer demanded money from a member of public after the public officer approved a licence application submitted by the member of public.
In this example, the public officer has committed a corruption offence under Section 6 as he demanded money (corrupt gratification) from the member of public as a reward to do an act in relation to his principal's affairs, that is, approving the licence application.
- Example 2 (private sector)
A bank customer gave $5,000/- to a bank officer to thank him for helping him to approve his loan application. The bank customer actually did not qualify for the loan application. The bank officer accepted the money.
In this example, both the bank customer and the bank officer have committed corruption offences. The bank customer gave $5,000/- (corrupt gratification) while the bank officer accepted the money, which was his reward for assisting the customer to obtain approval for his loan application.
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