s 22 Liability of director, manager and other officials for offences committed by companies and liability of a person for acts done by others
(1) Where any offence against any provision of this Act has been committed by a housing developer, any person who at the time of the omission of the offence was a director, manager or secretary or holds any similar office or position or was an agent, clerk or servant of the housing developer shall be deemed to be guilty of that offence, unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances and shall, on conviction, be liable to imprisonment for a term which shall not be less than twelve months but which shall not exceed three years and shall also be liable to a fine which shall not be less than fifty thousand ringgit but shall not exceed two hundred and fifty thousand ringgit. (2) Any person liable under this Act to any punishment or penalty for any act or omission shall be liable to the same punishment or penalty for any such act or omission by— (a) his partner; (b) his agent acting on his behalf; (c) his clerk or servant acting in the course of his employment; or (d) the clerk or servant of his partner or agent acting in the course of employment in circumstances that had the act or omission been committed by the partner or agent the aforesaid person would have been liable under this subsection: Provided that nothing herein shall relieve the partner, agent, clerk or servant or the clerk or servant of that partner or agent from liability to prosecution.