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ENGINEER IN SOCIETY

Proposal for Group Assignment

Introduction

The purpose of this paper is to give some brief introduction about what an ethic awareness amongst the practicing engineers. The main purpose is to write about bribe as ethic awareness. By defination in [1] bribe is dishonestly persuade (someone) to act in one??™s favour by a payment or other inducement. Bribery is the practice by which a person who can take decision or action on behalf of others by virtue of his authority or position is influenced by paying or offering monetary benefits for influencing him to take an action or decision which he would not have done otherwise.

All engineering involves money, and wherever lots of money flows, you can find people who will try to get some in nefarious ways. Engineers shall act in such a manner as to uphold and enhance the honor, integrity, and dignity of the engineering profession and shall act with zero tolerance for bribery, fraud, and corruption.

??? Engineers shall not knowingly engage in business or professional practices of a fraudulent, dishonest or unethical nature.
??? Engineers shall be scrupulously honest in their control and spending of money, and promote effective use of resources through open, honest and impartial service with fidelity to the public, employers, associates and clients.
??? Engineers shall act with zero-tolerance for bribery, fraud, and corruption in all engineering or construction activities in which they are engaged.
??? Engineers should be especially vigilant to maintain appropriate ethical behavior where payments of gratuities or bribes are institutionalized practices.
??? Engineers should strive for transparency in the procurement and execution of projects. Transparency includes disclosure of names, addresses, purposes, and fees or commissions paid for all agents facilitating projects.
??? Engineers should encourage the use of certifications specifying zero tolerance for bribery, fraud, and corruption in all contracts.

Case Study

1. Consulting Engineers Using Special Tool to Check Corruption – From [2]
PETALING JAYA: The consulting engineering sector will use a special tool to measure corruption such as under-the-table deals to get approval of contracts.
Transparency International Malaysia (TI-M) is collaborating with the Association of Consulting Engineers Malaysia, which has about 600 members, on how the tool can be adopted in at least 300 consulting engineering companies in the fight against corruption and inflation.
???This will help make not just the consulting engineering sector but the whole construction industry more efficient and cost competitive. ???The prices of infrastructure projects, housing and commercial buildings can be more competitive,??? TI-M president Tan Sri Ramon V. Navaratnam said.
He also stated that ???there??™s a direct relationship between corruption and rising prices and inflation. That??™s why we insist on open tendering because closed tenders and negotiated contracts create the opportunity for under-the-table payments to officers in exchange of permits and contracts,??? .
He said such corrupt practice would result in higher costs to build infrastructure and commercial buildings, which would lead to higher toll rates and rents. He was asked to elaborate on the signing of a memorandum of collaboration to develop an ???integrity pact??? between TI-M and the association.
Asked whether TI-M would sign a similar memorandum with the Housing Developers Association, he said: ???We are prepared to sign with anybody who is willing to participate in this fight against corruption.??? He said TI-M hoped to persuade ministries and government departments to sign the memorandum to promote greater transparency, accountability and good governance.

2. JKR Engineer Claims Trial to Bribe Charge – From [3]
MUAR: A senior Public Works Department (JKR) engineer has pleaded not guilty in the Sessions Court here to receiving RM3,000 from a contractor over a repair work at SRJK(C) Kung Yu in 2006.
Kamarudin Kadis, 50, was charged under Section 11(a) of the Anti-Corruptions Act 1997. The charge, along with an alternative charge under Section 165 of the Penal Code over the same matter, was read to him before Justice Mohamad Haldar Abdul Aziz.
Anti-Corruption Agencys deputy public prosecutor Farah Azlina Latiff, asked the court to set a bail at RM5, 000.
However, Kamarudin appealed to court to set the bail at RM2, 000 saying he did not bring sufficient amount for the bail and that he was not well-versed with court procedures.
A court staff had then explained to the accused about the procedures, after which the court fixed bail at RM4, 000. One of his relatives posted bail.
Judge Mohamad Haldar also asked the accused to engage a lawyer and set August 12 for the case to be mentioned.
According to the charge, the accused had between January 1 and January 31 2006 accepted RM3, 000 from Md Rahidin Sahar over repair works at SRJK(C) Kung Yu which cost RM29, 950.
The accused was alleged to have received the money at the Muar JKR office and as such committed an offence under Section 11(a) of the Anti- Corruptions Act 1997.

3. Engineer to Be Charged On Monday – From [4]
Friday, December 11th, 2009 12:50:00
PETALING JAYA: A former Kuala Dimensi Sdn Bhd (KDSB) engineer is expected to be charged on Monday in connection with the Port Klang Free Zone scandal. Sources told The Malay Mail that the man, Law Jenn Dong, had left the company in September last year.
KDSB deputy executive chairman Datuk Faizal Abdullah said the company respected the process of law and would continue to co-operate with the Attorney-Generals Chambers, the police and the MACC on the PKFZ issue.
“As far as we are concerned, we still feel that it is a matter of differences in opinion on certain issues in the agreement between KDSB and the Port Klang Authority (PKA) which the Attorney-General and police see differently from us,” he told The Paper That Cares yesterday. “We are not complaining, neither are we happy at this point. But we expected this to happen, especially after the issue was blown up. We will give our full co-operation to the authorities on this issue.”
At a Press conference yesterday, Attorney-General Tan Sri Abdul Gani Patail had said more people would be charged over the Port Klang Free Zone scandal, with several expected to face the court next week.
Former Port Klang Authority general manager Datin Paduka Oi Choo Phang, better known as O.C. Phang, along with architect Bernard Tan and KDSB chief operating officer Steven Abok were charged at the Klang Sessions Court with criminal breach of trust (CBT). They were the first batch to be charged two years after suspicions surfaced about shady deals behind the construction of the country??™s landmark PKFZ.
Abdul Gani had said his office, together with the police and Malaysian Anti-Corruption Commission (MACC), had been conducting joint investigations into PKFZ the past several months. He added that the three authorities involved had questioned all those connected, including politicians, civil servants and lawyers.
???There are lots of issues involved ??” legal and factual – that involve money laundering, commercial crime and corruption which are being investigated. These are not only complex but require substantial amount of man hours of evidence gathering. ???To this end, both the MACC and police have joined forces in working together to comb and sieve all materials available to establish a case against the perpetrators,”.
Gani said the authorities would charge more people in stages. “The charges are just the beginning. Those charged must be made answerable for their roles and actions. “I decided to prefer charges against these individuals today, as I cannot wait for the authorities to complete their investigations into the whole scheme as that would take a long time.???The charging of other individuals will come in stages.???

Appendix

Question 6

???He shall not under any circumstances solicit advisory or consultative work, either directly or by an agent, nor shall he pay, by commission or otherwise any person who may introduce clients to him???. Discuss the ways in which an engineer, especially one that is newcomer to the field, can project him/herself as a responsible professional to the society without being guilty of violating the above.??? Conduct a survey to practicing engineers (UNITEN ALUMNI) to study on the awareness of ethics amongst the practicing engineers. Discuss the case study and propose appropriate solutions to improve the image of engineer in future.

Reference

[1] Concise Oxford dictionary (Tenth edition)
[2] http://thestar.com.my/news/story.aspfile=/2008/6/23/nation/21627194&sec=nation
[3]http://thestar.com.my/news/story.aspfile=/2008/7/7/nation/20080707141556&sec=nation
[4] http://www.mmail.com.my/content/21629-engineer-be-charged-monday

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