Description
This seminar will address the following topics:
1. Key features of Section 17A MACC Act 2009
- Doctrine of respondent superior
- Extra-territorial
- Limit cap
- Retrospective or prospective
2. When is the “commission of the offence”?
3. Who will be liable under Section 17A?
- Consensus ad idem or guilt by association?
4. How is a commercial organisation liable?
5. What should I do to protect myself and company from any liability under Section 17A?
- Defences
- Meaning of consent or connivance
- Meaning of due diligence
6. Adequate Procedures
7. Case Studies
- “Good Conduct Doesn’t Help”
- “N A T O”
- Deferred prosecution agreement (“DPA”)
8. Discussion
Speaker
Cheow Wee was admitted as an advocate and solicitor of the High Court of Malaya in 1993. His practice, mainly in criminal litigation, is focused on white collar crime. He is the founder of Cheow Wee & Mai and has been an advocacy trainer since 2011.
He was part of the core group who prepared the module for the Criminal Advocacy Training Course (“CTAC“) launched in 2015 by the Bar Council Advocacy Training Committee.
Cheow Wee has conducted advocacy trainings for both civil and criminal courses throughout Malaysia. He had also taught in Kota Kinabalu, Sabah (2014 and 2016, respectively), Attorney General’s Chambers, Brunei Darussalam (2015), Office of Director of Public Prosecutions, Republic of Fiji (2017), Hong Kong Advocacy Training Council (2017 & 2019), Advanced Training Course at Keble College, Oxford (2018) and at the South African Remote Training Course (2020).
Terms and Conditions
Event Policy
Places are limited and registration is on a first-come, first-served basis.
For events with registration fees, all payments must be made in advance, including bank charges. Registration will be confirmed once proof of payment is provided by email or fax, and full payment is received.
For events that are not organised by Bar Council, please note that you are subject to the relevant terms and conditions specified by the external providers.
Cancellation
Cancellations must be made in writing.
If you have failed to inform the organiser on your cancellation for three consecutive times, you may be blacklisted for future events.
Refunds
Refunds will be processed after the event is completed. This may take up to 30 business days. The conditions for refunds are as follows:
- Full refunds will be issued if the event is cancelled or postponed by the organiser due to some circumstances.
- No refunds for this course. However substitution is allowed.
The organiser reserves the right to modify, cancel or postpone the event, should circumstances arise that make such action necessary, whereupon all registration fees paid will be refunded.
Transferral
You are allowed to transfer your place to another participant, but you must notify the organiser with the necessary details.
Attendance
CPD points will not be awarded to lawyers and pupils in chambers from Peninsular Malaysia who arrive more than 15 minutes late, are not present throughout the event, or leave before its scheduled end.
Privacy
The personal information that you provide to the Bar Council, whether now or in the future, may be used, recorded, stored, disclosed or otherwise processed by or on behalf of the Bar Council for the purposes of facilitation and organisation of this event, research and audit, maintenance of a participant database for the promotion of this event, and such ancillary services as may be relevant.
Disclaimer
- Materials will be emailed only. No printed notes will be provided.
- No recording of the event is permitted via any means at any time.
- No part of the event content may be used/reproduced in any form without the written and explicit consent of the Bar Council and speaker(s).
