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Showing posts with label Dewan Rakyat. Show all posts
Showing posts with label Dewan Rakyat. Show all posts

Thursday 11 July 2024

Clamping down on mule accounts;' Onus is on banks to prove unauthorised transactions'

 Law and institutional reform minister Azalina Othman Said said losses from online fraud crimes over the past three years totalled more than RM2.65 billion.

PROPOSED amendments to the law were tabled in Dewan Rakyat with the aim of clamping down on the use of mule accounts for illegal activities. 

The move is seen as a measure to address the alarming rise in online financial fraud cases.

Those convicted under the new offences could face fines of up to RM150,000 and 10 years in jail.

The Penal Code (Amendment) Bill 2024 and Criminal Procedure Code (Amendment) Bill 2024, which were tabled for the first reading by Minister in the Prime Minister’s Department (Law and Institutional Reforms) Datuk Seri Azalina Othman Said, will also see stiff penalties being imposed against those involved in such activities.

Under the amendments, several new sections – 424A, 424B, 424C and 424D – were included under the Penal Code for offences related to payment instruments or accounts at financial institutions.

“The proposed new section 424A seeks to provide for the offence and penalty for possession or control of any payment instrument of another person or any account of another person at a financial institution without lawful authority or lawful purpose,” the Bill read.

Those found guilty could face a fine of between RM5,000 and RM50,000, imprisonment of between six months and five years, or both upon conviction.

The proposed new section 424B states the offence and penalty for allowing another person to control or possess payment instruments or an account at a financial institution without lawful authority or purpose.

This offences is punishable by a fine of between RM10,000 and RM100,000, a prison term of one to seven years, or both upon conviction.

Under subsection 424C(1), individuals who directly or indirectly engage in transactions using their payment instruments or accounts for unlawful purposes can be punished with a prison term of three to 10 years or a fine of between RM10,000 and RM150,000 or both.

As for unlawful transactions conducted using another person’s payment instruments or account, Section 424C(1) states that those guilty could be fined between RM10,000 and RM150,000 or face a prison term of between three and 10 years or both.

The financial institutions under the proposed laws refer to licensed banks under the Financial Services Act, licensed Islamic Banks under the Islamic Financial Services Act and the institutions prescribed under the Development Financial Institutions Act with payment instruments also designated by the respective Acts.

A new section, 116D, was also proposed under the Criminal Procedure Code, which would empower a police officer not below the rank of sergeant to seize or prohibit dealings involving money held or suspected to be held in any payment instrument or account at financial institutions.

The police officer can act if they have reasonable cause to suspect that an offence has been committed if the money has been used or is intended to be used to commit an offence or if the money constitutes evidence of an offence.

The second reading is scheduled for the current Dewan Rakyat meeting.

According to data from the Legal Affairs Division, there were a total of 266,230 reports on mule accounts while 146,772 bank accounts were identified as mule accounts.

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'Onus is on banks to prove unauthorised transactions' 


The burden to conduct a detailed probe to prove any unauthorised banking transaction lies with the banks and not the victim of financial scams, say. The burden to conduct a detailed probe to prove any unauthorised banking transaction lies with the banks s Lim Hui Ying and not the victim of financial scams, says Lim Hui Ying.

Clamping down on mule accounts;' Onus is on banks to prove unauthorised transactions' said this in response to a question from Chong Chieng Jen (Pakatan Harapan-Stampin) during Question Time in the Dewan Rakyat on Tuesday (July 9).

“Scam victims do not need to prove that the transaction is real. That is for the bank to prove,” said the Deputy Finance Minister in response to a question from Chong Chieng Jen (PH-Stampin) during Question and Answer Time.Chong asked the Finance Ministry to state whether it had any intention to amend existing laws so that banks were held responsible for the full or partial losses suffered by victims of financial fraud or scams.

Lim said quantum of compensation by the banks would take into consideration the outcome of investigations of each case and the effectiveness of the security controls implemented by the banks to address financial fraud.

“If the financial loss is solely due to the negligence and weaknesses of the bank, then the bank must be fully responsible for the loss,” she added.

She said if the scam victim disagreed with the bank’s decision and compensation offer, the account holder had the right to take the matter up with the Ombudsman for Financial Services.Besides this, Lim said banks had implemented several measures since June 2023 to safeguard account holders, including ensuring that every banking transaction complies with security features such as confirmation of transactions with clients, providing transaction notifications to clients and strengthening fraud detection rules to identify suspicious transactions.


Related:

What is a Mule Account Scam? Your bank account is being used by others to either collect or transfer funds. These funds could be stolen or laundered from ...



Tuesday 14 March 2023

Stop moral policing at govt offices, a form without substance; Michelle Yeoh after her Oscar win: 'I'm bringing this home', with substance

'Unsuitably dressed' woman denied entry into SSM office

Woman barred entry to SSM office over 'short' dress - MSN

Only in Malaysia: Woman denied entry Companies

 

Stop moral policing at govt offices, says Kula | The Star

MORAL policing related to dress codes at government offices has to stop, says a senior government backbencher.

The Chief Secretary to the Government should also issue civil servants updated instructions on the dress code at government offices, police station and hospitals, said M. Kulasegaran (PH-Ipoh Barat).

“There have been cases where people were stopped from lodging a report at the police station or even from getting (medical) treatment because of what they wore.

“I feel this is unacceptable in any multiracial country,” Kulasegaran told the Dewan Rakyat during committee stage debate of Budget 2023.

On March 10, The Star reported that a woman known as Khor Hooi Chin, 41, whose hemline was slightly above her knees, was denied entry into a government building by a staff member who told her that her attire did not comply with the dress code.

There have also been several other recent cases of women being denied entry to hospitals, police stations and government offices due to their attire.

“I hope a guideline will be issued to all to put an end to this moral policing,” Kulasegaran said. 

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Michelle Yeoh after her Oscar win: 'I'm bringing this home'

 

 

Pride of the nation and family | The Star

 

 

Michelle Yeoh on breaking glass ceiling at Oscars: 'I  kung fu-ed it out'

 

The Star Why Halle Berry presenting Michelle Yeoh with Oscar is such a big dea

 

Michelle Yeoh is proof that dreams really do come true | The Star

 

'Thank you Tan Sri for making us M'sians proud', says Dr Wee...


Michelle Yeoh's 'Everything' co-stars Ke Huy Quan, Jamie Lee ...

 

Winning night for Asians - PressReader


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Sunday 9 April 2017

YBs, please lend us your ears


Some of our lawmakers should re-focus their attention and find ways to help ease the cost of living.


IT’S disturbing, to say the least. We have economic issues that Malaysia needs to deal with seriously like the continuing uncertainty in the price of oil, market slowdown and slide in the value of our ringgit which is affecting our country’s coffers.

The cost of doing business has shot up against the backdrop of declining revenue and profits, which worries most Malaysians.

All of us, especially those in the middle and lower income groups, are grappling with the increasing cost of living. The worst hit are the wage earners living in major cities such as Kuala Lumpur, Johor Baru and Penang.

If our elected lawmakers have any idea of what the rakyat is going through, they should be focusing on ways to help ease the cost of living.

Never mind if they have to talk in the Dewan Rakyat till 5am. And to our Yang Berhormats, don’t expect us to sympathise with you, because get this – no one pressured you to be a Member of Parliament. You chose to stand for elections yourself.

But sadly for us, instead of having the chance to listen to top quality debates on ways to help Malaysia find new sources of revenue and not just depend on oil and palm oil, again, we find some of our legislators preferring to channel their energy into religious matters.

Not that religion isn’t a priority for us. It is, but the reality is this: we will never reach common ground.

So, PAS president Datuk Seri Abdul Hadi Awang has managed to table the controversial Private Member’s Bill to amend the Syariah Courts (Criminal Jurisdiction) Act or RUU355, but the debate on it has been deferred. That’s the furthest he gets.

He can keep saying that it will not affect non-Muslims, but the majority of non-Muslims know this to be untrue.

We are a plural society and no one community lives in isolation. Our lives are intertwined and entangled as Malaysians. There’s no such thing as laws that do not affect the entire community.

Abdul Hadi says it isn’t hudud, but hudud is written all over the Kelantan Syariah Criminal Code (II) Enactment (1993) (Amended 2015) and if Abdul Hadi’s Bill is passed, it will only give life to such laws on a national level.

Remember, even a poster of a Bollywood actress pinned up at a watch shop in Kelantan resulted in a non-Muslim shopkeeper being fined because the authorities thought the photograph was sexy. And not to mention the unisex hair salons which have long been penalised.

Abdul Hadi expects us to believe him when he says that non-Muslims will not be affected. And if we go by his “logic”, non-Muslims have no say over the matter.

The majority of Barisan Nasional component parties do not want this Bill – it is that simple – and we are glad that the Prime Minister understands that the coalition operates on consensus.

The fact is that the MCA and MIC have stood by Umno, even when it was at its lowest, since our independence. These are proven friends of more than six decades and not newfound pals who got together because of common political expediency.

Let’s get real. Umno isn’t going to move aside and allow PAS to contest in any constituency in the general election, nor will PAS allow the same for Umno.

Malaysia is a multicultural country founded on the principles of moderation. This is not a Middle East nation, even though the Muslims make up the majority of the population. We should be proud of our unique Malaysian way of life.

I studied Malay Literature for two years in the Sixth Form, sat for the examination (and passed) and when I entered university, I signed up for the Malay Letters Department courses at Universiti Kebangsaan Malaysia.

I wanted to deepen my understanding and appreciation of the Malay arts. Not Arab arts. Malays are Muslims, not Arabs.

Over at the august House, even as Abdul Hadi became the focus of attention after tabling the Bill, we had to put up with Tasek Gelugor MP Datuk Shabudin Yahaya, who at one point suggested that rapists be allowed to marry their child victims as a solution to social problems.

He can keep blaming the press, claiming that he was quoted out of context, but there are certain basic remarks he made that he cannot run away from.

You can watch the video recording of what he said a few times and pause at certain parts of the video. It is pretty clear.

A girl who is nine years old may have reached puberty, but is she old enough to have sexual intercourse after she marries? A rational person would say that she is a child and should be in school or the playground with her friends.

This YB has put Malaysia in the international news for the wrong reason yet again (shame, shame) .... and so soon after the Beauty and The Beast fiasco too.

We can only cringe when we imagine what the world thinks of Malaysia. This is not to say that we wouldn’t readily refute any suggestion that our beautiful country is swamped by paedophiles or nutty lawmakers who are apologists for child marriages.

So, in the end, when Parliament found itself running out of time, we will remember this meeting as one where religious issues were the main concern.

As far as I recall, at least from media reports, no one talked about how we could take advantage of our weak ringgit to get more tourists to come visit us and how we could carry this out with limited funds for international promotions. We also didn’t hear how we could boost the soft economy after two years.

Maybe financial and economic matters are just too complicated for some of these MPs, with their limited knowledge. And these are YBs we have entrusted to speak up for us. After all, we put the future of Malaysia in their hands.


 by Wong chun wai On the beat The Star/ANN

Wong Chun Wai began his career as a journalist in Penang, and has served The Star for over 27 years in various capacities and roles. He is now the group's managing director/chief executive officer and formerly the group chief editor.

On The Beat made its debut on Feb 23 1997 and Chun Wai has penned the column weekly without a break, except for the occasional press holiday when the paper was not published. In May 2011, a compilation of selected articles of On The Beat was published as a book and launched in conjunction with his 50th birthday. Chun Wai also comments on current issues in The Star.

Related articles:

The Star Says :Child marriages always wrong


Video of Shabudin’s remarks on child marriage goes viral




PETALING JAYA: A video of Datuk Shabudin Yahaya’s controversial statement about child marriages in Parliament has gone viral, which appears to raise questions on his claim that his remarks were taken out of context.

After coming under fire for suggesting in the Dewan Rakyat on Tues­day that it is all right for rapists to marry their child victims, the Te­­luk Gelugor MP issued a statement the next day to say that his words had been taken out of context.

In a three-page statement yesterday, Sha­budin continued to blame the media for the outcry over his re­­marks, even saying that their reports bordered on fake news.

In the Parliament recording, Sha­budin argued that it is not a pro­blem for children under 16 years old to marry as their body are phy­sically mature enough for marriage

He said a child who has reached puberty, even at nine years old, could be considered mature.

In some cases, he said, someone aged 12 and 15 could physically look like they were 18, and thus would be ready for marriage.

“In some instances, it is not im­­possible that they get married if they have reached puberty at the age of nine. A 12-year-old may have the body of an 18-year-old which means some girls are ‘physically and spiri­tually’ ready for marriage,” he said.

The former Syariah Court judge is mulling over legal action against the media.

In yesterday’s statement, Shabu­din said his remarks during the debate on the Sexual Offences Against Children Bill 2017 on Tues­day led to an unnecessary outcry after they were inaccurately interpreted in reports by both local and international news organisations.

“In their reports and headlines, both the local and international media gave the perception that I had condoned rapists being allowed to marry underage victims to avoid punishment.

“This is inaccurate and misleading and borders on fake news,” he said.

The Barisan Nasional MP said he had stressed during the debate that rape is a crime whether consensual or otherwise.

“At no point in time did I suggest that the rapists are forced to marry the victims nor did I say that the crime of rape is automatically dropped after marriage.

Shabudin explained that he had given his opinion that the courts should be allowed to rule on cases of statutory rape involving consenting partners, and treat such cases diffe­rently from non-consensual rape, as opposed to an outright ban on underage marriages.

He made the remarks in response to the suggestion by Kulai DAP MP Teo Nie Ching to include child marriage as an offence in the proposed law.

The legal age for marriage in Malaysia is 21 without parental consent, and 18 with parental consent, while the legal age of consent is 16.

However, in certain cases, those below the legal age can marry if given a special marriage licence from the head of their state government or approved by the court.

In a related development, Women, Family and Community Develop­ment Minister Datuk Seri Rohani Abdul Karim defended Shabudin, saying that being a former Syariah Court judge, he had encountered all these scenarios.

“He was not implying that a nine-year-old girl can get married, but rather, he was being detailed in his explanation,” Rohani told reporters at a function yesterday.

She said Shabudin has been “very supportive” of the Bill as he himself had presided over cases of sexual crimes against children.

In Ipoh, Gerakan adviser Tan Sri Chang Ko Youn urged Shabudin to do the right thing and apologise.

“What he said is outrageous. No matter what he tries to say now, the damage has already been done. He should apologise,” he said.

“Otherwise he would present himself as a subject of ridicule and be a liability to Barisan Nasional in the next general election.

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Stop bitting the helping hand    

Rightways