MARCH 10 — Section 23 of the Malaysian Anti-Corruption Commission (MACC) Act (Act 694) provides for the offence of using office or position for gratification.

Any officer of a public body who uses his office or position for any gratification, whether for himself, his relative or associate, commits an offence — Section 23 (1).

The officer shall be presumed, until the contrary is proved, to use his office or position for any gratification, whether for himself, his relative or associate, when he makes any decision, or takes any action, in relation to any matter in which he or his relative or associate has an interest, whether directly or indirectly — Section 23(2).

Under Section 3, "officer of a public body” includes a member of the administration, a member of Parliament, and any person receiving any remuneration from public funds.

Under the same provision, "gratification” includes donation and "associate” includes any organisation of which the person is "a person in charge or in control of” the organisation.

In simple words, a member of the administration who uses his office or position for a donation for an organisation of which he is in charge or in control of, commits an offence under Section 23(1) of Act 694.

If there had been a political donation or funding law, like in Singapore with its Political Donations Act 2000, donations to political parties and political associations would have been regulated and therefore would not amount to gratification prohibited by law.

*This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.