Happy Chinese New Year 2019! During this festive season, I will share a case about Ang Pau that went to full trial in Court. Let’s see if you can guess the outcome of the case.
This is a true story in Penang.
On the 8th December, Mr. Lim who is the Manager of an old folk’s home care centre gave an Ang Pau in the sum of RM300 to Dr. Mohamed, a government medical officer at Jabatan Kesihatan Negeri Pulau Pinang while visiting Dr. Mohamed at his workplace. Dr. Mohamed then complained to the authorities that Mr. Lim gave money to him in corruption, which he refused to accept. The Public Prosecutor charged Mr. Lim for corruption. The case went to Court and both sides gave their evidence.
The story according to Mr. Lim
In court, Mr. Lim says the sum of RM300 is not a corruption but it is a contribution to the festive celebration at Dr. Mohamed’s office because Hari Raya is near. That day, Mr. Lim went to Jabatan Kesihatan Awam located in the same building as Dr. Mohamed’s office to hand in a license application relating to his old folk’s home care centre. Mr. Lim then went to Dr. Mohamed office. On his way, Mr. Lim saw an ongoing Hari Raya feast in the building. When Mr. Lim met with Dr. Mohamed, they spoke about how to make the application. Mr. Lim also asked about the Hari Raya feast he saw. He was told that the feast was held by Dr. Mohamed’s department. Mr. Lim then gave RM300 to Dr. Mohamed as a contribution to the festive event because it is a Chinese custom to give some money during a visiting.
The story according to Dr. Mohamed
Dr. Mohamed testified in court. He said neighbours around an area was complaining that Mr. Lim’s care centre was illegally placing senior citizens, causing disturbance to the neighbourhood, and places a health risk to the community. On 18 October, Dr. Mohamed and his team visited Mr. Lim’s care centre. On 25 October, he issued a letter to Mr. Lim’s care centre stating that his centre violates the law for failure to apply the relevant license. On 8 December, Mr. Lim met with Dr. Mohamed, Mr. Lim asked Dr. Mohamed how to go about the license application which Dr. Mohamed explained. Before leaving the office, Mr. Lim handed over RM300 to Dr. Mohamed and said ‘jangan ganggu saya’. Dr. Mohamed refused to accept the money. Mr. Lim then says that the money is a Chinese custom to give Ang Pau and put the money underneath Dr. Mohamed’s table planner. Dr. Mohamed told Mr. Lim this is corruption and asked him to take back the money but Mr. Lim ignored him and left the office. Dr. Mohamed then reported the incident to his superiors and various authorities on the same day saying the money was given so that Dr. Mohamed do not take actions against the Mr. Lim’s care centre that was operating without a valid license.
Undisputed Facts
There is indeed a letter issued by Dr. Mohamed to Mr. Lim’s centre for failure to apply license. There is indeed a Hari Raya feast going on in the building during that particular day when the ‘Ang Pau’ was given. Can you guess whether Mr. Lim is found guilty or innocent?
Court’s Decision
The Court found that the meeting between Mr. Lim and Dr. Mohamed was for official reasons. The action of forcing Dr. Mohamed to accept the money even though Dr. Mohamed refuses to shows that the money was given so that Dr. Mohamed will not disturb Mr. Lim even when there are complaints. The alleged Ang Pau money could not have been for the Hari Raya celebration because the topic of conversation and the reason Mr. Lim visited Dr. Mohamed’s office has nothing to do with the Hari Raya festival. According to Section 49 of Anti-Corruption Act, cultural reasons or a society’s way of living cannot be used as a defence against corruption. ‘Giving Ang Pau money is a Chinese custom’ cannot be used as a defence when charged for corruption. The Court examined the intention of Mr. Lim and decided the money was given for corruption.
Mr. Lim was charged for corruption and sentenced to 2 months imprisonment and RM10,000 fine.
Conclusion
Do not attempt to give ‘Ang Pau’ for conveniences or to avoid compounds as you will never know if the ‘Ang Pau’ recipient will choose to report you. Do not think that fancy excuses can let you walk away from charges. As shown by the above case, even though it may sound possible that it is an Ang Pau money given for Hari Raya celebration, the Court will scrutinise all evidence and look at the matter as a whole to find out the true intention behind the ‘Ang Pau’.
Please remember, the best way to stop corruption is to stop giving illegal ‘Ang Pau’. Stopping corruption in this country starts with the Rakyat.
For reference: The above article refers to the reported case of Lim Ju Li v Pendakwa Raya Lim Ju Li v Pendakwa Raya at High Court (Pulau Pinang) decided by Yaacob bin Haji Md Sam, JC.
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