Code & Conduct For MCA Members
This code of conduct was formulated by the Central Committee on January 20, 2005, and was amended by the Central Committee on January 23, 2007.
To be an effective political Party respected by all, the reputation and image of MCA should be upheld and enhanced by all its members. Therefore, it is important that the Party’s orderliness, decorum and discipline must be maintained at all times. To achieve this, all members shall abide by the following Code of Conduct:
1) DUTIES & RESPONSIBILITIES
- All members shall abide by the Party Constitution and Members’ Code of Conduct.
- All members shall carry out Party policies faithfully.
- All members shall support, participate, co-operate and carry out activities outlined by the Party.
- All members shall uphold the Party’s reputation and image.
- All members shall not disclose any confidential matters discussed at any Party meetings.
- All members shall not accuse or criticise the Party and/or its leaders and members based on hearsay or unfounded facts.
- All members shall abide and respect the decisions made by the Party, and shall not make public through media or any manner whatsoever any opinion or stand that is contrary to the Party’s decisions.
- All members shall resolve all disputes and dissatisfactions through appropriate Party channels.
- Any member who holds Permanent Resident Status of another country shall not be permitted to participate in the General Elections and to hold the position of a Senator, Municipal or District Councillor.
- To curb money politics, all leaders, members or their agents and supporters are not allowed to solicit Party members support via means of giving cash, providing free meals, vacations or gifts, promising Party or Government positions and other like manners which will give rise to the suspicion of money politics.
2) FINANCE AND PROPERTY MANAGEMENT
- Office-bearers at all respective levels in the Party shall manage the Party’s finance and property properly.
- Treasurer and Chairman/Secretary at all respective levels in the Party shall be the joint signatories of the bank accounts.
- Office-bearers at all respective levels in the Party shall submit their annual finance and property report to the Treasurer-General. The Treasurer and the Chairman/Secretary shall sign this report jointly.
- Immediately after the Party’s election result are announced, outgoing office-bearers shall not withdraw any money from the existing accounts and are required to hand-over the property/ies, account and other documents to the newly elected office-bearers within seven (7) days after the results are announced.
- Management of all property and Party money shall strictly comply with Part XVII of the Party Constitution.
3) PARTY ELECTIONS
All qualified members shall have the right to contest for posts during the Party elections in accordance with the Party Constitution. No member is allowed to hinder or stop or attempt to hinder or stop a qualified member from exercising his or her right to contest. The following rules must be strictly observed:
- Party members who are contesting for posts themselves or campaigning for other candidates shall ensure that the Party elections will be carried out in a fair and healthy manner.
- Any statement, utterance or propaganda of any kind (including via internet, short messaging service and e-mails) deployed during the campaigning period of the Party elections must be based on the candidates’ past or current track records, performances, their future policies, plans or action programmes. Destructive utterances, fabrication or distortion of facts and misleading statements shall be strictly PROHIBITED.
- Members attending any function or dinner organised by the Party Headquarters during the Party election period shall abide with all instructions given by the Party Headquarters on accommodation, meals and any other logistic arrangements.
- Any dispute arising from the Party elections shall be brought up to the Headquarters Party Elections Steering Committee for resolution. No dispute shall be brought to the mass media or made public.
4) GENERAL ELECTIONS
- Members are allowed to offer themselves for nomination in the General Election through the proper Party channels. However, once the Party has made the final decision on the candidate for any Parliamentary or State Assembly seat, all members are required to support the candidate wholeheartedly.
- Members are not allowed to support or to work for the opposition in any capacity, including house to house campaign, soliciting funds, putting up banners for opposition candidates and printing of election materials.
- Members are not allowed to participate in or support any activities organised by the opposition.
Code & Conduct For MCA Elected Representatives
Incorporated all the amendments approved & adopted by the MCA Central Committee Meeting up to 23.01.2007.
This code of conduct was formulated by the Central Committee on July 19, 2004, and was amended by the Central Committee on January 23, 2007.
1. Duties & Responsibilities
- All MCA Members of Parliament and State Assemblymen are required to abide strictly by all rules & regulations stipulated by the Party and Barisan Nasional.
- MCA’s elected representatives shall maintain a good record of attendance of all Parliament/State Assembly sessions. Members are also advised to familiarise themselves with the Standing Orders, house rules or any regulations in order to participate effectively.
- All MCA elected representatives are required to carry out their own analysis and research on the Bills/Enactment and Amendments that are to be presented in Parliament/State Assemblies in order to ensure that the BN and Party’s policies will benefit the nation and the people they represent.
- All MCA representatives must abide by their oath of office and to maintain the confidentiality of all classified information.
- All MCA elected representatives must follow the Government’s guidelines when using the funds allocated for their constituencies. Elected representatives must submit their annual allocation report to the Party President within one month after the financial year ended.
2. Roles and Services at the Constituency Level
- All elected representatives must set up service centres with full time employee to receive complaints and resolve problems faced by constituents. Proper records should be maintained and all complaints should be handled professionally. The elected representatives may appoint assistants or party representatives within the constituency to assist their day-to-day activities. They must however monitor and do follow-ups to ensure efficiency in their community services.
- All elected representatives must visit their constituencies regularly to establish rapport with the electorate.
- In the process, all elected representatives must familiarise themselves with problems affecting the livelihood of the people and identify areas where public amenities such as medical services, education and public infrastructure can be improved. In addition, the representatives must familiarise themselves with the legal framework and government procedures to serve the people better. Representatives must also ensure that BN’s promises to the electorates be delivered.
- All representatives must document their working performance and programme to serve the people. A five-year development plan on their respective constituencies must be drawn up and submitted to the Chairman of the MCA’s elected representatives monitoring body within three months of being elected.
3. Loyalty to Party
- All elected representatives must abide by the MCA and BN Code of Conduct to uphold the good image and discipline of the Party.
- As automatic delegates to the Party’s General Assembly, State Liaison and Division Committees, all elected representatives, shall attend the respective meetings and participate in discussions and decision-makings.
- All elected representatives must support the Party’s resolutions and projects carried out by the MCA Central and State Liaison Committees. They should also participate actively in various activities organised by the respective Divisions.
- All elected representatives must maintain good relationship and interact with Party divisions in their constituencies and State Liaison Committees.
- All seats and government positions are allocated at the sole discretion of the Party leadership and MCA may replace candidate from time-to time. All elected representatives must therefore abide by all decisions made by the Party leadership.
General Guidelines For Candidates Of MCA Public Office
Part 1: General Guidelines for Ministers, State Executive Councillors, Candidates of Parliament, State Assembly And Senators
This Guideline was formulated by the Presidential Council on October 4, 2005, was endorsed by the Central Committee on October 31, 2005 and amended by the Central Committee on January 23, 2007 and March 25, 2009
Minister
- A Party member recommended and appointed as Minister immediately after the Parliamentary Election shall not hold office for more than two (2) terms of the Parliament. However, if a new Minister is appointed at any time during the continuity of the Parliament, as a result of a Cabinet reshuffle, the Minister shall not hold office for more than ten (10) years from the date of appointment. These limitations shall not be applicable to the Party President.
- These limitations shall not be applicable to the Party President as the term of the President is already limited to nine (9) years under the Party Constitution.
State Executive Councillor
- State Executive Councillor who has discharged his or her duties outstandingly may hold office longer than one (1) term of the State Assembly. However, in any event, he or she shall not hold such office for more than three (3) terms. This limitation shall not be applicable to the State Chairman.
- Clause 2.1 shall not be applicable to Perlis and Sabah.
- For Perlis, the State Executive Councillor shall not hold office for more than one (1) term of the State Assembly and upon expiration thereof, another State Assemblyman shall be recommended to take over such office.
- For Sabah, the Central Committee shall take into consideration recommendation made by State Liaison Committee when recommending Party member to hold the office of the State Minister or Assistant Minister.
Senator
- A Party member who is recommended as Senator shall not hold office for more than one (1) term of three (3) years. However, the term of the Senator may be extended for one (1) more term in any one of the following situations.The selection of candidates for the post of a Senator shall be based on meritocracy.
- When he/she is recommended for the appointment of President or Deputy President of the Senate.
- When he/she is holding the office of Minister, Deputy Minister or Parliamentary Secretary.
- When he/she is appointed as State Chairman.
- The Party is not obligated, among others, to appoint Senators based on the following:
- Candidates who have just contested in the Parliamentary or State Elections but lost; or
- Former Member of Parliament or State Assemblyman, with an aggregate two (2) terms in office, who is not or will not be:
- recommended for the appointment of President or Deputy President of the Senate;
- Holding the office of Minister, Deputy Minister or Parliamentary Secretary; or
- appointed as State Chairman.
Minimum Criterion for Candidates for Members of Parliament, State Assemblymen and Senators
- Must possess upper secondary qualification and above.
- Proficient in languages and able to speak in the Malay language effectively to enable active participation in meetings, communicate and carry out duties accordingly.
- Must have satisfactorily completed relevant training courses conducted by the Party.
- Must be active in the Party affairs and/or at the local community level with a set of good service records.
- Must serve the public faithfully and must attend meetings dutifully without being constraint by any personal commitment.
Basic Duties of a Public Officer
- MCA Party members in public office are expected to carry out the basic duties and responsibilities of the said post diligently which includes:
- Attending important meetings at the Federal or State government levels, and with relevant preparations for the meetings as required. Members of Parliament, State Assemblymen and Senators shall attend all sessions of the Parliament, State Assembly and Senate, as the case maybe, and with the relevant preparations for the meetings as required.
- Monitoring closely all relevant laws, rules and regulations that are being passed, and to scrutinize the implementation of these laws in order to minimise any possible abuse or unwanted bureaucracy.
- Attending important Party meetings, briefings and assembly.
- Helping to promote Party affairs to the best of their ability.
- Being accountable for all his/her duties and works, and Member of Parliament, State Assemblyman and Senator shall make them known at the Divisional meetings respectively.
- Realizing the goal of a healthy political culture for the Party to the best of his/her endeavour.
General Provisions
- Any Party member who intends to resign his or her public office shall submit a letter to the Party President, clearly stating the reasons.
- Notwithstanding any provision to the contrary in these Guidelines, the Central Committee may at any time instruct that Party member holding public office who has failed to discharge his or her duties satisfactory, committed disgraceful act, contravened Party disciplinary rules or guilty of serious crime to resign.
- There would be exceptional situations where Party interests take precedent. In which case, the Central Committee/Presidential Council may make the necessary adjustment or amendment to these Guidelines, or authorize the President to do so.
- These Guidelines shall take effect on 4 October 2005, however, the limitation of terms shall commence from the date he/she took office.
Part 2: General Guidelines for Candidates of MCA Public Offices – City, Municipal and District Councillors
These Guidelines were formulated by the Central Committee on October 31, 2005, and amended by the Central Committee on January 23, 2007, March 25, 2009 & May 25, 2009
District Councillors
- As a general rule, the appointment of District Councillors shall not exceed ten (10) years. (In view of different rules and policies adopted by the State Governments, details of the limitation on the terms of office for the District Councillors shall be determined by the respective MCA State Liaison Committees)
- Members of Parliament, State Assemblymen and Senators shall refrain from holding the office of District Councillors, concurrently.
City & Municipal Councillors
- A party member recommended and appointed to be City, or Municipal Councillor shall not hold office for more than eight (8) years. (In view of different rules and policies adopted by the State Governments, details of the limitation on the terms of office of the Municipal Councillor shall be determined by the respective MCA State Liaison Committees)
- Members of Parliament, State Assemblymen and Senators shall refrain from holding the office of City or Municipal Councillors, concurrently.
The Minimum Criterion for Candidates nominated for the Post of City, Municipal and District Councillors
- The candidate must reside or work or is active in the relevant jurisdiction of the City, Municipal and District Council.
- The candidate must be a life member of the Party, and has been a member for more than three (3) years.
- The candidate must be able to speak in the Malay language effectively to enable active participation in meetings, communicate and carry out duties accordingly.
- The candidate must have satisfactorily completed the relevant training courses conducted by the Party.
- The candidate must be active in Party affairs and/or at the local community level, with a set of good service records.
- Must serve the public faithfully and attend all meetings of the City, Municipal or District Council dutifully without being constrained by personal commitment.
- Secretaries of Ministers, Deputy Ministers and Parliamentary Secretaries, New Village Development Officers, Information Field Officers and Chairmen of JKKK (Village Development and Security Committee) shall not hold the office of City, Municipal and District Councillors concurrently.
The Selection Criterion for City, Municipal and District Councillors
- The State Liaison Committee shall establish a selection committee to carry out the task of interviewing all potential candidates for the posts of MCA City, Municipal and District Councillors.
- In view of the different requirements placed by the State Governments, the respective MCA State Liaison Committees shall determine all matters relating to the following;
- The nomination of members for the selection committee.
- The criterion for the selection of candidates.
- The manner in which written tests and interviews are conducted for each candidate.The MCA Headquarters will standardise the coverage area of the test to be used bythe State Liaison Committee.
The Basic Duties of a Public Officer
- Attend important meetings at the City, Municipal and District levels, with relevant preparations for the meetings as required.
- Monitor all relevant laws, rules and regulations that are being passed, and to scrutinise the implementation of these laws in order to minimise any possible abuse or unwanted bureaucracy.
- Provide good service to the people in his/her Division in all matters relating to the local government, and for that purpose, to work closely with the relevant Members of Parliament and State Assemblymen at all times.
- Attend important party meetings, briefings and assemblies and help to promote Party affairs to the best of their ability.
- Being accountable for all his/her duties and works, and to make them known at the Divisional meetings.
- Realise the goal of a healthy political culture for the party to the best of his/her endeavour.
General Provisions
- Any Party member who intends to resign from his or her public office shall submit a letter to the Division Chairman, stating clearly the reasons. A carbon copy of the letter must also be submitted to the State Liaison Committee at the same time.
- The Central Committee may instruct any member holding public office to resign if he/she fails to discharge his/her duties satisfactorily, commits disgraceful acts, contravenes Party disciplinary rules or, is found guilty of a serious offence.
- There would be exceptional situations where the Party’s interests take precedence. In which case, the Central Committee/Presidential Council may make the necessary adjustment or amendment to the Guidelines, or authorise the President to do so.
- These Guidelines shall take effect on October 31, 2005. However, the limitation of terms shall commence from the date he/she took office.
Appendix A
The Coverage Area of the Test and the Selection Criterion for the City, Municipal and District Councillors (for the use of MCA SLCs)
1. Written Test (Chinese/Bahasa Malaysia/English)
- To test the candidates on the knowledge levels of the Party (inclusive of Central, State and Local levels)
- To test the candidates on their knowledge on the current issues.
2. Written Test (Bahasa Malaysia) Interview-Method of Assessment
- To test the candidates’ Malay language proficiency by assessing written correspondence in attending to the public complaints
3. Interview (Grading criteria)
| A. | Level of Proficiency in Bahasa Malaysia | 25% |
| B. | Leadership Quality | 20% |
| C. | Knowledge of the Party/ Level of Party Consciousness | 20% |
| D. | Knowledge of the Public Post Applied for | 10% |
| E. | Public Relation Skills (Various levels within Party and NGOs) | 20% |
| F. | Level of Performance during the General Election Campaign | 5% |
| Total | 100% |
Part 3: General Guidelines For Candidates Of MCA Public Offices – Constituency Coordinating Officers
This Guideline was formulated and endorsed by the Central Committee on March 25, 2009
1) Constituency Coordinating Officers
- The main task of the Constituency Coordinating Officers is to perform the work of the elected representatives. They are not only to carry out their duties as stated in their letters of appointment, in addition, they must also help to execute the party affairs in preparation for the next General Election so that the Party may be able to win back those constituencies held by the opposition.
- The Constituency Coordinating Officers may not necessarily be selected as candidates in the upcoming General Election.
- The Constituency Coordinating Officers shall not hold any public office which includes Secretaries of the Minister, Deputy Minister and Parliamentary Secretary, New Village Development Officer, Information Field Officer, Chairman of JKKK (Village Development and Security Committee), City Municipal and District Councillor
2) The Minimum Criterion for Candidates nominated for the post of Constituency Coordinating Officers
- The candidate must be domicile or work or active in the relevant Constituency.
- The candidate must be a life member of the Party, and has been a member for more than three (3) years.
- The candidate must be able to speak the Malay language effectively to enable active participation in meetings, communicate and carry out duties accordingly. The education level of the candidate must have completed upper secondary school at minimum.
- The candidate must have satisfactorily completed the relevant training courses conducted by the Party.
- The candidate must be active in Party affairs and/or at the local community level, with a set of good service records.
- The candidate must be committed to serving the public faithfully and attend all meetings dutifully without being constrained by personal commitment.
3) The Selection Criterion for Constituency Coordinating Officers
- The State Liaison Committee shall establish a selection committee to carry out the task of interviewing all potential candidates for the posts of Constituency Coordinating Officer.
- In view of different requirements placed by the respective State Governments, the respective MCA State Liaison Committee shall determine all matters relating to the following:
- The nomination of members for the selection committee.
- The criterion for the selection of candidates.
- The manner in which written test and oral interviews are conducted for each candidate. The MCA Headquarters will standardize the coverage area of the test to be used by the State Liaison Committee as a reference.
4) The Basic Duties of a Constituency Coordinating Officer
- MCA Party members in public office are expected to carry out the basic duties and responsibilities of the said post diligently which includes:
- To help monitor and distribute the allocation to the constituency concerned so as to ensure that all projects implemented will benefit the people.
- Attending all important meetings with relevant preparations for the meetings as required.
- Monitoring all relevant laws, rules and regulations that are being passed, and to scrutinize the implementation of these laws in order to minimise any possible abuse or unwanted bureaucracy.
- They should work together with the Division by helping to solve the problems of the people. They should also present their working report at the Divisional meeting.
- Attending important party meetings, briefings and assemblies and helping to promote Party affairs to the best of their ability.
- Realizing the goal of a healthy political culture for the party to the best of his/her endeavour.
5) General Provisions
- Any Party member who intends to resign his or her public office shall submit a letter to the Division Chairman, stating clearly the reasons. A carbon copy of the letter must also be submitted to the State Liaison Committee and MCA Headquarters at the same time.
- The Party may instruct any member holding public office to resign if he/she fails to discharge his/her duties satisfactorily, commits disgraceful acts, contravenes Party disciplinary rules or, is found guilty of a serious crime.
- There would be exceptional situations where the Party’s interests take precedence. In which case, the Central Committee/Presidential Council may make the necessary adjustment or amendment to the Guidelines.
Guidelines for Candidates of New Village Committee Chairman and Development Officers
Guidelines for Candidates of MCA New Village Committee Chairman
1. New Village Committee Chairman
- New village committee chairman appointed by the Party shall not hold office for more than 12 years or be over 65 years of age (In view of different requirements placed by the State Governments, the respective MCA State Liaison Committee shall determine all the appointment);
- Members of Parliament, State Assemblymen and Senators shall not hold the post of new village committee chairman
2. The Minimum Criteria for Candidates nominated for New Village Committee Chairman
- The candidate must be a resident, or works and is active in the New Village;
- The candidate must be a party life member and has been a party member for more than 3 years;
- The candidate must at least possess secondary education qualification and be able to speak Bahasa Malaysia fluently, to enable active participation at meetings, and to communicate and carry out duties effectively;
- The candidate must have attended and completed the relevant training courses conducted by the Party and Government;
- The candidate must be active in party affairs as well as at local community level, with good track records;
- Must serve the public faithfully and attend all New Village meetings without being constrained by personal commitments.
- Secretaries of Ministers, Deputy Ministers and Parliamentary Secretaries, New Village Development Officers, Information Officers, District and Local Councilors shall not hold the post of New Village Committee Chairman.
3. The Selection Criteria for New Village Committee Chairman
- The State Liaison Committee shall establish a selection committee to carry out the task of interviewing all potential candidates;
- In view of different requirements placed by the State Governments, the respective MCA State Liaison Committee shall determine all matters relating to the following: the nomination of members for the selection committee, criteria for the selection of candidates, and manner in which written test and interviews are conducted for each candidate. The MCA Headquarters will standardize the scope area of the test to be used by the State Liaison Committee.
4. The Basic Duties
- To monitor related development of the New Village and resolve local issues and be well prepared to organise meetings;
- To monitor all formulation of policies, strengthen communication between departments and villagers, understand the needs of the villagers, formulate development projects, and monitor the implementation of projects to ensure no violation of policy and administrative bias.
- Provide good services to the people in his/her Division in all matters relating to the local government, and for that purpose, to work closely with the local members of Parliament and State Assemblymen at all times;
- Attending important party meetings, briefings and assemblies and help to promote Party affairs to the best of their ability;
- Be accountable for all his/her duties and work;
- Realise the goal of a healthy political culture for the Party to the best of his or her endeavor.
5. General Provisions
- Any Party member who intends to resign from his or her post shall submit a letter to the relevant authority, division chairman and MCA Headquarters; a copy of the letter should also be forwarded to the state liaison committee;
- Notwithstanding any provision to the contrary of these Guidelines, the Party may at any time instruct that a Party member holding public office who has failed to implement his or her duties satisfactorily, committed disgraceful acts , contravened Party disciplinary rules or is guilty of serious crime, to resign;
- There would be exceptional situations where Party interests take precedent. In which case, the Central Committee/Presidential Council may make the necessary adjustments or amendments to these Guidelines.
Guidelines for Candidates of MCA New Village Development Officer
1．New Village Development Officer
- New Village Development Officers appointed by the Party shall not be over 60 years of age.
2．Minimum Criteria for Candidates nominated for New Village Development Officer
- The candidate must be a resident, or has actively worked for the party in the New village;
- The candidate must be a Party life member, and has been a party member for more than three years;
- The candidate must possess at least a SPM certificate and a pass in Bahasa Malaysia. The candidate must be able to speak Bahasa Malaysia fluently, to enable active participation in meetings, and to communicate and carry out duties effectively;
- The candidate must have satisfactorily completed the relevant training courses conducted by the Party and the Ministry;
- The candidate must be active in Party affairs and/or at local community level, with good track records;
- Must serve the public faithfully and attend all meetings of New Village, MCA division and state liaison committee meeting without being constrained by personal commitments.
- All New Village Development Officer candidates (new or extended appointments) must be submitted by the division and then interviewed by the selection committee to the State Liaison Committee; The MCA Hq will make the final decision.
3．Selection Criteria for New Village Development Officer
- The State Liaison Committee shall establish a selection committee to carry out the task of interviewing all potential candidates;
- Recommended candidates must pass the interview on language ability and be able to carry out their duties effectively;
- Incumbent officers who wish to extend their appointment must pass the KPI performance assessment by the State Liaison Committee.
4．The Basic Duties of a Public Officer
- Must attend all meetings at the division and State Liaison Committee. Help to formulate new village development projects in the division and monitor the implementation of projects.
- Provide good services to the people in his/her Division in all matters relating to the local government and must be able to work closely with the Local Members of Parliament and State Assemblymen at all times;
- Attend important party meetings, briefings and assemblies and help to promote Party affairs to the best of their ability;
- Be accountable for all his/her duties and works, and to make them known at Divisional meetings;
- Realise the goal of a healthy political culture for the Party to the best of his/her endeavour.
5．General Provisions
- Any Party member who intends to resign from his or her public post shall submit a letter of resignation to the authority concerned, clearly stating the reasons. A copy of the resignation letter must also be submitted to the state liaison committee and division.
- Notwithstanding any provision to the contrary to these Guidelines, the Party may at any time instruct a Party member holding public office and who has failed to implement his or her duties satisfactorily, or committed disgraceful acts, contravened Party disciplinary rules or is guilty of serious crime, to RESIGN;
- There would be exceptional situations where Party interests take precedent. In which case, the Central Committee/Presidential Council may make the necessary adjustments or amendments to these Guidelines.
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