Possible Amendment of Prevention of Corruption Act to Prevent Liability Evasion by Senior Management of Large Corporations

Mr Kenneth Tiong Boon Kiat asked the Prime Minister and Minister for Finance whether, following Public Prosecutor v China Railway Tunnel Group, the Government will amend the Prevention of Corruption Act to (i) broaden the legal test for corporate attribution beyond the "directing mind and will" doctrine in common law or (ii) introduce a "failure to prevent" offence similar to the UK Bribery Act, ensuring large corporations cannot evade liability for corruption by senior management.

The Prevention of Corruption Act is a key instrument in our fight against corruption. The Corrupt Practices Investigation Bureau (CPIB) regularly and proactively reviews the Act. This is to ensure that our laws remain robust and effective against the ever-evolving corruption threat.

CPIB is looking into potential legislative gaps associated to the case cited by the Member in his query. If there is a need to come back to Parliament, we will do so.