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Eddie Chuah

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Eddie Chuah is a partner with the Dispute Resolution Practice Group, with more than eight years of experience in all aspects of civil litigation, arbitration, industrial relations disputes and compliance. Mr. Chuah has undertaken a wide variety of briefs involving substantive law issues ranging from complex commercial transactions, insolvency litigation, shareholder disputes, construction, employment and administrative law. He also focuses on compliance issues, in particular, anti-corruption investigation, government procurement, audit and prevention.

We would like to invite you to join our webinar on 28 July 2021 as Baker McKenzie partners across various key jurisdictions provide an overview on the latest developments and trends impacting the AML landscape in Asia. Speakers from Hong Kong, Indonesia, Malaysia and Singapore will share updates on cross-border AML issues being faced across the region and their insights on managing this risk through compliance efforts.

The Malaysian Anti-Corruption Commission (MACC) has charged a company and its director under the new corporate liability offence in connection with a count of bribery worth RM 321,350 paid to secure a subcontract.

This marks the first case under the new corporate liability regime and clearly demonstrates the MACC’s commitment in enforcing the corporate liability offence under Section 17A of the Malaysian Anti-Corruption Commission Act 2009 (“Section 17A”), which recently came into force on 1 June 2020. 

In light of this, commercial organisations are urged to take immediate steps to ensure that they have in place “Adequate Procedures” as a statutory defence against an offence under Section 17A.

On 19 February 2021, the majority of the Malaysian Federal Court (“Federal Court”) delivered its much-anticipated judgment in Peguam Negara Malaysia v Mkini Dotcom Sdn Bhd and Another [2020] 4 MLJ 791 in respect of the allegation of contempt of court by way of comments posted by subscribers and readers on the Malaysiakini news portal on 9 June 2020.

The Federal Court in its majority decision held that Malaysiakini, an online platform provider, is liable  for third party comments which are offensive and inappropriate even though they had no knowledge of the same until notified and where the impugned comments were then promptly removed. Further, compliance with the Malaysian Communications and Multimedia Content Code (“Content Code”) did not shield Malaysiakini from liability. 

While the matter related to an offence of criminal contempt, the Federal Court’s decision is likely to impact and change the landscape of liability for online platform providers in Malaysia with regard to third party content. 

On 15 January 2021, the UK Supreme Court (“Supreme Court”) delivered its much-anticipated judgment in The Financial Conduct Authority v Arch Insurance (UK) Limited and Others [2021] UKSC 1 in respect of a representative sample of business interruption property insurance (“Business Interruption”) policies. 

In light of the decision by the Supreme Court to construe the relevant clauses broadly, we anticipate that there will be an increase in claims by policyholders for losses resulting from business interruptions caused by COVID-19 pandemic. 

Malaysian insurers are encouraged to revisit their existing Business Interruption policies, to consider how the existing policy wordings may be impacted by the judgment, and if needed, consider revising and refining their policies.

The new corporate liability provision under Section 17A of the Malaysian Anti-Corruption Commission Act 2009 (“Section 17A”) has come into force on 1 June 2020. As highlighted in our earlier client alert (see Link), a company may be held criminally liable under this new provision for acts of bribery committed by its directors, employees or other associated persons.  The only defence available is for the company to prove that it has put in place adequate procedures designed to prevent these corrupt acts.

This new corporate liability provision applies not only to Malaysian companies, but also to foreign companies with businesses in Malaysia.

On 1 June 2020, the corporate liability provision under Section 17A of the Malaysian Anti-Corruption Commission Act 2009 (the Act) is set to come into force. As highlighted in our earlier client alert (see Link), a company may be held criminally liable for acts of corruption by its directors, employees or other associated persons.

In recent months, Malaysia has seen momentum in efforts to combat corruption. The principal legislation governing corruption in Malaysia is the Malaysian Anti-Corruption Commission Act 2009 (“MACCA” or “Act”), which came into effect on 1 January 2009. The Act sets out several key offences, including but not limited to, the…