Why do we have this Policy?
Hong Leong Industries Berhad and its subsidiaries (“HLI Group”) commit to conducting business ethically in compliance with the Malaysian Anti-Corruption Commission Act 2009 and all applicable anti-bribery and corruption laws of every country in which HLI Group operates.
The Board of Directors and Management of HLI Group give top priority to the implementation, enforcement and continual improvement of HLI Group’s anti-bribery management system. To assist the Board and Management, a Compliance Function is or will be established to oversee the design and effective implementation of HLI Group’s anti-bribery management system.
HLI Group does not condone any form of bribery and corruption. This Anti-Bribery and Corruption Policy (“ABC Policy”), which must be read in conjunction with the Hong Leong Manufacturing Group Code of Conduct and Ethics, serves to provide guidance on how to prevent, deal with and combat bribery and corrupt activities and issues that may arise in the course of business.
Who does this Policy apply to?
This ABC Policy applies to all employees, directors (executive and non-executive) and any person who performs services for or on behalf of HLI Group, which includes contractors, subcontractors, consultants, suppliers, agents, intermediaries and representatives of HLI Group (collectively, “Applicable Persons”).
What must you NOT do?
Anti-bribery and corruption laws make it illegal for any person to:
(a) give, promise or offer to give to any person, whether for the benefit of that person or of another person; or
(b) solicit, receive or agree to receive for himself or for any other person,
any gratification as an inducement or reward to do or forbear from doing anything in respect of any matter or transaction, whether actual, proposed or likely to take place.
Accordingly, you shall not at any time:
- carry out, offer, promise or agree to give anything of value directly or indirectly in order to obtain or retain any personal or business advantage.
- request for or accept anything of value that might influence your objectivity in carrying out your employment/business.
“Things of value” that could be perceived as bribery or corruption can take many forms (including monetary, services or in kind).
As described above, the laws on anti-bribery and corruption are very wide. For example, Mr. X is an employee in the Sales Department of one of the HLI Group companies and is charged with an offence for offering to make or making improper payments to an official.
- Carried out, offered, promised or agreed. Mr. X will be held liable if he carried out such improper payments, or merely offered, promised or agreed to make such payment even though such payment was subsequently not made; it is enough that the payment was offered.
- Directly or indirectly. Mr. X will also be held liable regardless of whether the improper payment was made by him directly to the official or indirectly through a third-party agent.
The above is only an example to emphasise that a mere offer or a bribe made through a third- party is sufficient to constitute a breach of the anti-bribery and corruption laws. There is no difference whether the bribery or corrupt activity is carried out within or from Malaysia, or otherwise.
What are the penalties?
Engagement in any bribery or corrupt practices or activities will result in severe negative consequences. The Applicable Person may face disciplinary actions by the employers and prosecutions by the relevant authorities which may include fines and imprisonment up to 20 years.
What else should you do?
All Applicable Persons are responsible for refraining from and preventing any instance of bribery or corruption, and for reporting any concern or suspicion so that HLI Group can identify the risks and conduct investigations as may be necessary. To the extent permitted by law, you will be protected from adverse employment action and where feasible, from disclosure of your identity, provided your report is made in good faith, even if you are genuinely mistaken in the concerns you raise.