Malaysia Considers Corporate Manslaughter Law Reform

KOTA TINGGI: New laws, such as the Corporate Manslaughter Act adopted in the United Kingdom (UK) and proposed for introduction in Malaysia, would establish broader and proportionate liability to companies, not just individuals, accountable in cases of accidents or management negligence.
Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said that under the Act, the entire organisation, including managers, engineers, and board members, could be prosecuted if found to have failed in upholding proper safety and operational standards.
'This is how it is, if a bridge collapses, or a bus accident occurs, it will not be just the engineer or driver who will be punished. If the punishment is hanging, the chief executive officer will also have to be hanged. That is what corporate manslaughter means. Board members must also be held responsible,' she told Bernama here today.
Azalina, who is the Pengerang Member of Parliament, told reporters this to see the progress of the repair work of the Felda Air Tawar 1 Bridge here. Repair work on the bridge is scheduled for completion in September this year.
Yesterday, the driver of the bus involved in Monday's (June 9) crash on the Gerik-Jeli East West Highway (JRTB) that resulted in the death of 15 Universiti Pendidikan Sultan Idris (UPSI) students was charged in court with dangerous driving.
Azalina said such laws are crucial because, in many accident cases, companies tend to place the blame solely on the driver, although the vehicle and its operations are entirely under the company's responsibility.
'Sometimes when an accident occurs, companies do not want to admit their mistake. They say it was the driver's fault. But who did the driver work for? Under whom? The company must be held accountable and not simply wash their hands of responsibility,' she said.
Azalina said that if the government is serious about strengthening accountability and corporate governance, it is time for Malaysia to consider such a bill to prevent a repeat of the tragedy and ensure justice for the victims.
Earlier, Azalina also received her instrument of appointment as the Honorary Commissioner of the Civil Defence Force (APM) from APM Chief Commissioner Datuk Aminurrahim Mohamed, who also handed the instrument of appointment as Honorary Deputy Commissioner to the State Education and Information Committee chairman, Aznan Tamin and Penawar Assemblyman Fauziah Misri as Honorary Colonel.

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