KOTA KINABALU: To address critical accountability deficiencies, deter corporate negligence, and rebuild public trust, Malaysia must first implement the UK model for corporate manslaughter.
Ts Dr. Hj Ramli Amir, the former president of the Chartered Institute of Logistics and Transport (CILT) Malaysia, said this legal reform will lay the groundwork for a longer-term transition to the proactive, system-based Australian model, ultimately aiming for a safer, more just road safety environment for all Malaysians.
According to him, Australia has the appropriate law before embarking on the proactive approach.
Ramli said Malaysia’s present legal framework does not recognise a specific offence of corporate manslaughter.
“Liability for fatal incidents is difficult to establish against companies because the law requires proof that a ‘controlling mind’ (such as a director) was personally responsible, making prosecutions rare and often ineffective.
“This gap leaves victims’ families without justice and allows companies to evade responsibility for gross management failures that lead to deaths,” he said in a statement here today.
Ramli was commenting on Law and Institutional Reform Minister Azalina Othman Said’s statement, asserting that it might be time to evaluate the effectiveness of law enforcement measures and for the government to consider whether amendments to the Penal Code are necessary.
Azalina was also quoted as saying that the government must consider whether a new law, similar to the UK’s Corporate Manslaughter and Corporate Homicide Act 2007, should be introduced.
Expressing support for the suggestion, Ramli said the UK’s Corporate Manslaughter and Corporate Homicide Act 2007 was introduced precisely to overcome these challenges.
“It enables prosecution of organisations for deaths caused by gross breaches of duty of care by senior management, even when individual culpability cannot be pinpointed.
“This model provides a clear, targeted legal mechanism to hold corporations accountable and deter negligent practices,“ he added.
Ramli said introducing a corporate manslaughter law would have an immediate deterrent effect on corporations operating in high-risk industries, such as transport and construction.
“The risk of prosecution and heavy fines would compel companies to prioritise safety in their management systems and operations.
“This is particularly important in Malaysia, where fines under existing occupational safety laws are often seen as a cost of doing business and do not drive meaningful change,“ he said.
He said high-profile tragedies—such as fatal bus crashes or industrial disasters—have eroded public confidence in the ability of the legal system to hold powerful corporate actors to account.
“Adopting the UK model would send a strong signal that corporate negligence resulting in deaths will not go unpunished, helping to restore public trust and deliver justice for victims,“ he said.
Ramli opined that the UK approach is a logical and necessary first step for Malaysia because it addresses the most urgent need: establishing clear criminal liability for fatal corporate negligence.
This creates a foundation for a broader culture of safety and accountability, which can later support the transition to a more holistic, proactive system, he added.
Ramli said while the UK model is critical for closing accountability gaps, it is primarily reactive—triggered after fatalities occur.
He said the Australian Safe System approach, by contrast, is proactive and holistic, aiming to prevent deaths and serious injuries before they happen through system design, shared responsibility, and continuous improvement.
According to him, Malaysia’s own road safety plans, including the Malaysia Road Safety Plan 2022-2030, already reflect some elements of the Safe System, such as safer roads, vehicles, and users.
However, he said institutional fragmentation, funding challenges, and uneven enforcement remain significant barriers to fully realising this model.
By first implementing the UK-style corporate manslaughter law, Malaysia can:
Establish strong legal and institutional accountability.
Drive immediate improvements in corporate safety culture.
Create momentum and public support for deeper, systemic reforms.
“Once these foundations are in place, Malaysia can incrementally build the institutional capacity, funding mechanisms, and cross-sectoral coordination needed to transition toward the Australian Safe System model, which has proven effective in sustainably reducing road fatalities and injuries,“ he said.
