Whistleblowing Policy - Integrity | Pelaburan Hartanah Berhad (PHB)

Generic Policy Statement

PELABURAN HARTANAH BERHAD GROUP (“PHB Group”) is expected to uphold the highest standard of integrity as it is one of the components of the Company’s core values. PHB Group aspires to enhance its commitment to the corporate governance by fostering an environment where integrity and ethical behaviour is maintained and any legislations relating thereto are reflected accordingly.

In line with this commitment, the PHB Group has formulated this Whistleblowing Policy (this “Policy”) in accordance with the Whistleblower Protection Act 2010 to provide a structured reporting channel and guidance to all employees and external parties to report instances of unethical behavior, fraud, misconduct, bribery or violation of the PHB Group’s Policies, Guidelines and Procedures without fear of reprisals, victimisation, discrimination and/ or being disadvantaged, provided that the disclosure is made in good faith.

Definition and Applicability

Whistle-blowing is the act of combatting corruption and other wrongdoings by encouraging and facilitating disclosures of information that one reasonably believes to be evidence of illegal, immoral or illegitimate practices including but not limited to contravention of any laws or regulations such as, information that involves mismanagement, corruption, abuse of authority or conduct, or any other wrongdoing carried out by an individual or group of individuals within the organisation that is not in the public interest. Such an act by the said individual(s) may be punishable by any legislated law of Malaysia. For the purposes of this Policy, all such acts shall come to be known as improper conduct (as defined under the Whistleblower Protection Act 2010)

Who Can Disclose the Concerns:

Any of the following Person(s) can make a disclosure of Concerns.

Internal Whistle-blower

PHB employees, including employees on permanent, contract, temporary, assignment, or secondment basis, agents and consultants appointed by or working for PHB, direct or indirectly, who has concern of improper conduct by another employee/ director of the company; and

External Whistle-blower

Any external party or member of the public, individual or group of people or institution who has concern of the improper conduct committed by an employee/ director of PHB Group.

Reporting Procedures

This policy is intended to complement the normal channel of communication and reporting lines within PHB, as described in the Code of Business Ethics (“CoBE”).

What to disclose:

A disclosure on improper conduct (Concerns) may be made if the whistle-blower has reasonable believe that the alleged wrongdoers engaged, or is prepared to engage in conduct prohibited by PHB or applicable laws and regulations.

Improper conduct (Concerns) constitutes one or more the following wrongdoings by any person in the conduct of the Company’s affairs, as per the following list (this list is not exhaustive):

Any act of giving or receiving of any gratification or reward in the form of cash or in-kind value for performing a task in relation to his/ her job description as described under the Anti-Corruption Policy;
Forgery or alteration of company’s information and data;
Misappropriation or embezzlement of funds, securities, supplies, or other assets belongs to the company;
Giving, solicitating or accepting of a bribe or a favor in exchange for direct or indirect personal benefit as described under Anti-Corruption Policy;
Exchange of gifts directly or indirectly both within and outside of the work premises in the course of their official duties and business dealings which may influence in a decision-making process as described under Anti-Corruption Policy;
Giving, solicitating or accepting facilitation payment either directly or indirectly to expedite and facilitate performance by authorities as described under Anti- Corruption Policy;
Make or offer to make, any monetary or such other benefits in-kind, as a political contribution to political parties, political party officials or candidates for political office as described under Anti-Corruption Policy;
Impropriety in handling or reporting of money or financial transactions;
A third-party request that you provide employment or some advantage to a friend or relative;
Receiving an invoice from a third party that appears to be non-standard or customised;
A third-party request or requires the use of an agent, intermediary, consultant, distributor or supplier that is not typically used by or known to the Company;
Changing the criminal origin or nature of money or assets by hiding in legitimate business dealings and financial terrorism as described in Anti-Corruption Policy;
Profiteering as a result of insider trading/knowledge;
Failure to comply with the provisions of relevant laws and regulations where the wrongdoer knowingly disregards, or does not comply with such provisions;
Financial malpractice or account churning;
Breach/ violation of the PHB Group’s Policy, Guidelines and Procedures;
Abuse of power and position for personal gain; and
Any act that poses danger to the health, safety and lives of PHB Group’s employees and/ or the public or environment.

Concerns may occur in the course of the company’s business or affairs or at any workplace, i.e. any related workplace to the company’s business or affairs, for example, on the company’s premises, at an event organised by PHB, or during a conference attended by the company's employees in the course of their work. If a Person is unsure whether a particular act or omission constitutes a wrongdoing under this Policy, the Person is encouraged to seek advice from Integrity and Governance Unit (IGU) of Risk, Compliance and Integrity Management Department.

When to disclose:

A whistle-blower shall come forward with any information or document(s) that they, reasonably believes in and discloses a wrongdoing, which is likely to happen, is being committed or has been committed.

The whistle-blower needs to demonstrate that they have reasonable grounds for the concerns. However, the whistle-blower is not expected to first obtain substantial evidence of proof beyond reasonable doubt, or even be able to identify a particular person to which the disclosure relates, when making a disclosure.

If the whistle-blower knows as a matter of fact that there are reasonable grounds of suspicion that a wrongdoing is going to take place, such genuine concerns shall be raised at an early stage.