When Do Gifts Become Crimes?

 

Singapore is well known for its good reputation on public service. In order to uphold a clean image, public officials are paid the highest reasonable salary to ensure integrity and fairness. So, there are high expectations of their integrity, loyalty and unblemished conduct.

 In the former Singapore transport minister, S Iswaran’s case, the judge did not regard the accused as a ‘passive acceptor’ of the gifts. Yet the judge conceded that no evidence was offered that the gifts had in any way influenced the accused.

 

Source: https://upload.wikimedia.org

 There is no such thing as a benign bribe. A gift to a government or company official or press person somehow reflects that person’s power, influence and prestige in the system. Like Singapore, Hong Kong has a history of enforcing perhaps the most remarkable and robust anti-corruption laws. Hong Kong’s anti-corruption or prevention of bribery laws were promulgated in the early 1970s. The difference seems to be that Hong Kong authorities from the beginning gave equal attention, emphasis and importance to the issue of bribery and corruption in both the public and private sectors. 

The recent court proceedings and sentencing of Iswaran were remarkable for their clarity, celerity and civility. There was an almost understated, chilled, circumspect cultural panache about it. 

When first accused and charged with corruption in January this year, Iswaran vehemently maintained his innocence and indicated he would fight the charges strenuously. A lesser charge of the acceptance of gifts, despite partial disgorgement and the obstruction of justice elements, was somewhat conveniently agreed to by the accused.

The judge gave a rational and well-reasoned verdict in sentencing Iswaran. Beyond the judgment, it demonstrated the state’s superb efficiency and expeditiousness in dealing with an awkward episode. All this was done within a span of nine months. 

Here in Malaysia, cases involving a former prime minister who left office in May 2018 are still ongoing. While one case has concluded with imprisonment and a fine, other cases continue. The trial, conviction, sentencing and imprisonment of the former prime minister in the previous case went through a hierarchy of the higher courts over a four-year period. The former Prime Minister and his counsels continue to speak of a gift as if it had dropped from heaven. They claim the gift was from a foreign party with the former PM suggesting it was a respectable and rewarding token for his exceptional personal standing. 

No criminal trial involving any individual, whatever his or her status, should be bogged down by processes. Couldn’t we learn from Hong Kong and Singapore? Could we not have a special Corruption Practices Court to dispense cases expeditiously? And stop this idea of house arrests.

So, when do gifts become crimes? When it is beyond the means of the recipient or if it exceeds a sum of RM50? Or, if it breaches a “No Gifts Policy”? The best is the latter! So, will corporate lunches be in breach of this policy?

Reference:

When gifts become crimes: From minister to inmate in Singapore, M Santhananaban, ALIRAN, 8 Oct 2024