Introduction

Bank of China (Malaysia) Berhad (BOCM) is committed to the highest level of integrity from its employees in all dealings. Any illegal, unethical or questionable practices by BOCM’s employees will be treated seriously. 

Objective

This policy provides an avenue for all employees of BOCM and its contractors, consultants, suppliers, interns, customers and members of the public to report their concerns about any illegal, unethical or questionable practices by BOCM’s employees in confidence and without the risk of reprisal.

Scope of Reporting

BOCM is committed to upholding and enhancing corporate governance standard and strongly values the ethical conduct and integrity of the employees. In the respect, BOCM welcomes and encourages its staff members and other stakeholders (collectively “the whistleblower”), in case of being aware of any suspected actual or potential violation of legal and regulatory requirements or misconduct in relation to the businesses or other matter of the Bank, to report the incident via channels specified by this Policy.  In particular, the scope of reporting under this Policy includes but NOT limited to the following:

  • Issues concerning the Bank’s financial matters, such as providing false financial data to external parties or using fictitious invoices for reimbursement;
  • Issues concerning the Bank’s internal control, such as loopholes identified in certain business processes or procedures;
  • Issues concerning the Bank’s staff members committing bribery or corruption, such as a staff member being offered bribes or suspected of being offered bribes, being asked to give bribes or suspected of getting involved in an incident of similar nature, or getting involved in any other forms of bribery or corruption activities;
  • Issues concerning the Bank’s staff members being suspected of money laundering, terrorist financing, tax evasion, weapons proliferation financing or violation of sanctions requirements;
  • Other possible improper conducts, such as unethical or questionable practices, as well as incidents likely to cause great damage to BOCM’s reputation; and
  • Any behavior attempting to conceal the abovementioned misconducts.

Procedure to Report

Whistleblower can report the concerns in writing to the communication channels as set out in the table below:

Alleged Wrongdoer Designated Person Communication Channel
Any BOCM’s Employee Head of Internal Audit Department

a)      Postal address at 2nd Floor, Plaza OSK, 25, Jalan Ampang, 50450 Kuala Lumpur (to indicate in the envelope “To be Opened by Head of Internal Audit Department Only”); or

b)      Email address at whistleblowing_kl@bankofchina.com.my
Head of Internal Audit Department Chairman of Board Audit Committee a)      Postal address at 2nd Floor, Plaza OSK, 25, Jalan Ampang, 50450
Kuala Lumpur (to indicate in the envelope “To be Opened by Chairman of Board Audit Committee Only”)

 

Alternatively, the whistleblower can report the concerns to the regulators or law enforcement agencies directly such as Bank Negara Malaysia, Malaysian Anti-Corruption Commission, Royal Malaysia Police etc.

Content of Report

Whistleblowers are advised to make their concerns in writing and to provide sufficient details which include the following:

  • Details of the staff involved such as name, designation and department/ branch;
  • Details of the concern raised such as when and where the allegation happened, description of concern and supporting evidence if any.

Please refer to Appendix I for the Whistleblowing Form.

Protection Accorded

This Policy encourages the Bank’s staff members and other stakeholders to report in good faith. The Bank shall keep the identity of the whistleblowers in strict confidence, unswervingly support their acts and protect their legitimate rights.

In the event of someone retaliating or seeking revenge against any whistleblowers who made reporting according to the Policy, the Bank shall reserve the right to take necessary action against that person.

As long as the reporting is in good faith and on reasonable ground, the staff member making the reporting is assured of protection against unfair dismissal, victimization and unwarranted disciplinary action, even if the reporting turns out to be unsubstantiated, unless it is out of malicious intention. 

Exclusion from Protection

Potential whistleblowers are also reminded that there may be instances wherein their protection would be revoked or excluded. The whistleblower protection does not extend to the following circumstances:

  • Where the concern reported are:

     -Frivolous or vexatious;

     -Principally questioning the merits of government policy, including the policy of a public body;

     -Known to the whistleblower to be false or untrue; or

     -Made solely or substantially to avoid dismissal or other disciplinary action;

  • Where the whistleblower has participated in the improper conduct so disclosed;
  • Where the whistleblower commits an offence under the Whistleblower Protection Act 2010; or
  • Where the disclosures of improper conduct which contain information specifically prohibited from being disclosed under any written laws.

Feedback to Whistleblower

Whistleblowers are encouraged to provide their identities or contact details to facilitate the Bank to clarify or obtain further information for investigation purposes.  Once the investigation is completed, whistleblowers will be notified by the designated person on the outcome of the investigation and action taken, if any.

Any person who elects to remain anonymous is advised that no whistleblower protection will be accorded and the Bank’s ability to investigate the allegation is limited to the extent of the contents of the report received by the Bank.