ETHICS 101

Sr Dainna Baharuddin, CQS

FRISM, FRICS
 Topics

ethics

moral

code of professional conduct

 Ethics is the moral principles that control
or influence a per son’s behaviour
Oxfor d Advanced American Dictionar y

Ethics are moral beliefs and rules about

right and wrong.
Collins dictionar y

Ethics is the discipline dealing with w hat is

good and bad and with moral duty and
obligation
Mer riam-Webster

Ethics is a system of moral principles by

w hich human actions and proposals may be
judged good or bad, right or wrong.
Macquarie Dictionar y 3rd edn
 Principles concer ning right and
wrong or good and bad behaviour
m a t t e r s o f p u b l i c / p r i v a t e m o r a l i t y.
Oxfor d Advanced American
Dictionar y

Morality is the belief that some

behaviour is right and acceptable
and that other behaviour is wrong.
Collins dictionar y

about w hat is right behaviour and

w hat is wrong behaviour
Mer riam-Webster
 ETHICS MORAL

Ethics = social system Morals = individual

(exter nal) (inter nal)

Ethics = Because Morals = Because we

society says it is the believe in something
right thing to do! being right or wrong!

Ethics is a set of Moral constitute a

guidelines that define b a s i c h u m a n m a r ke r
accepted practices of right conduct and
and behaviour for a behaviour
cer tain group of
people

Ethics are how you Morals are how you

treat people you don’t treat people you know
know
(Ian Welsh)
 ETHICS MORAL

W hat if we don’t follow them?

Ethics = we may face Morals = depends; for

peer or social people with strong
d i s a p p r ov a l , o r b e morals, it may cause
fired from our job or them to feel
lose a license to uncomfor table,
practice a profession remorseful,
depressed, etc.
Why
study
ethics?
Do you need to study ethics to be a good
person?
• No: We learned from our parents, teachers, society what
we should or should not do
• Yes: Some of the assumptions of the society might be
wrong
• Yes: We should be able to decide ourselves on some
controversial issues

Can we be better persons after studying

ethics?
• Yes: You should be more prepared to make right decisions
• No: You might not choose to do what is right
Not everyone can do what they want
• Ethics: A way to decide the best thing to do

“Common wisdom” not always adequate

• Lack of knowledge in ethics creates risks in the
marketplace
Need to be prepared for careers in business

• Many have been harmed by lack of attention to ethics

• Law requires professionals to be ethical
• Ethical behaviour and ethical reputation can provide a
competitive advantage, or disadvantage in the marketplace
and with customers, suppliers, and employees.
 Professional
Ethics
Malaysian Anti-Corruption Commission (MACC)
A code of ethics - set of statements about appropriate
and expected behaviour of members of an organization
and, as such, reflects its primary values and ethical
standards.

A code of ethics – sets out the minimum standards of

conduct expected of members in an organization.
Ensures good governance practices in place from the
top to the bottom of an organization.

Ethical standards are principles that when followed,

promote values such as
• trust
• good behaviour
• fairness and/or
• kindness
 The Global Professional
and Ethical Standards

Behaving ethically is at the heart of what it means

to be a professional; it distinguishes professionals
from others in the marketplace.

• Act with integrity

• Always provide a high standard of service
• Act in a way that promotes trust in the profession
• Treat others with respect
• Take responsibility.

https://www.rics.org/uk/upholding-professional-standards/standards-of-conduct/ethics/
 BOARD OF QUANTITY SURVEYORS
MALAYSIA
QUANTITY SURVEYORS ACT
(AMENDMENTS) 2015

QUANTITY SURVEYORS (AMENDMENT)

RULES 2016
CODE OF PROFESSIONAL CONDUCT

https://www.bqsm.gov.my/index.php/en/download/guidelines/cat
egory/guideline-act-com
 BOARD OF QUANTITY SURVEYORS
MALAYSIA

PART IV
CODE OF PROFESSIONAL CONDUCT
QUANTITY SURVEYORS (AMENDMENT) RULES 2016

A Code of Conduct applies the Code of

Ethics to a cover for relevant situations.

It is written in a precise and concise way

stating how you can and should conduct
yourself
 BOARD OF QUANTITY SURVEYORS
MALAYSIA

PART IV
CODE OF PROFESSIONAL CONDUCT
QUANTITY SURVEYORS (AMENDMENT) RULES 2016

Know the Code!

The Professional Code of Conduct

is there to protect YOU!
BOARD OF QUANTITY SURVEYORS MALAYSIA
QUANTITY SURVEYORS ACT (AMENDMENTS) 2015
QUANTITY SURVEYORS (AMENDMENT) RULES 2016

PART IV
CODE OF PROFESSIONAL CONDUCT

Definition of a “registered Quantity Surveyor” Clause 25

Consultant Quantity Surveyor, Professional Quantity Surveyor,
Provisional Quantity Surveyor, Quantity Surveying Technologist or
Consulting Quantity Surveying Practice.

Conduct of registered Quantity Surveyor Clause 26

• uphold the dignity, standing and reputation of the quantity surveying
profession.
• exercise the standard of reasonable care, skill and diligence normally
expected and accepted by the quantity surveying profession.
• shall not conduct himself in such manner or commit any act which in
the opinion of the Board is undesirable or disgraceful.
• shall not conduct himself in such a manner or commit any act that
has or will put the Board in disrepute or by his conduct or act
question or injure the integrity or reputation of the Board.
• shall in the exercise of his duties observe and be guided by the
provisions of the Code of Professional Conduct
BOARD OF QUANTITY SURVEYORS MALAYSIA
QUANTITY SURVEYORS ACT (AMENDMENTS) 2015
QUANTITY SURVEYORS (AMENDMENT) RULES 2016

PART IV
CODE OF PROFESSIONAL CONDUCT

Public interest Clause 26A

in carrying out his responsibility to his employer, client or the quantity
surveying profession shall have full regard to the public interest.

Discharge of duties Clause 27

• discharge his duties with complete honesty.
• Except with the permission of his employer or client, shall not accept
accept remuneration for services rendered other than from his
employer or client
• shall not offer or accept commission which in the opinion of the
Board is an illicit commission.
• Except with the written approval of the Board, a registered Quantity
Surveyor practicing as a Consulting Quantity Surveying Practice
shall not be a director or substantial shareholder in or an agent for
any construction firm or company.
• Where a registered Quantity Surveyor has obtained the prior
approval of the Board he shall not, whilst practising as a Consulting
Quantity Surveying Practice, at the same time without disclosing the
fact in writing to his client, be a director or substantial shareholder in
or agent for any construction firm or company with which he deals on
behalf of his employer or client. ( Cannot be director of both CQSP
and Construction company on the same project-conflict of interest)
BOARD OF QUANTITY SURVEYORS MALAYSIA
QUANTITY SURVEYORS ACT (AMENDMENTS) 2015
QUANTITY SURVEYORS (AMENDMENT) RULES 2016

PART IV
CODE OF PROFESSIONAL CONDUCT

Conditions of engagement and scale of charges Clause 28

Before accepting an appointment, a registered Quantity Surveyor shall

notify his client in writing of the prevailing terms and conditions
contained in the Memorandum of Agreement Between The Client And
The Consulting Quantity Surveying Practice For Professional Quantity
Surveying Services

Reputation, etc. of a registered person not to be injured Clause 29

Shall not maliciously injure or attempt to injure, whether directly or

indirectly, the professional reputation, prospects or business of another
registered Quantity Surveyor.

Advertising and soliciting prohibited Clause 30

Shall not:
(a) canvass or solicit professional employment;
(b) give or offer remuneration or other consideration for the introduction
of his professional employment; or
(c) advertise in connection with his profession in any manner unless it
is in accordance with the guidelines as determined by the Board.
BOARD OF QUANTITY SURVEYORS MALAYSIA
QUANTITY SURVEYORS ACT (AMENDMENTS) 2015
QUANTITY SURVEYORS (AMENDMENT) RULES 2016

PART IV
CODE OF PROFESSIONAL CONDUCT

Fairness in construing and administering contracts Clause 32

A Registered Quantity Surveyor shall at all times construe and

administer with fairness the provisions of a contract for the performance
of work for which the registered Quantity Surveyor is appointed or
employed, as the case may be, and in all questions arising from the
contract he shall act in an impartial manner.

Restriction on entering professional partnership Clause 33

Must not procure by fraud or misrepresentation applying for CQSP
BOARD OF QUANTITY SURVEYORS MALAYSIA
QUANTITY SURVEYORS ACT (AMENDMENTS) 2015
QUANTITY SURVEYORS (AMENDMENT) RULES 2016

A registered Quantity Surveyor practicing as Consulting Quantity

Surveying Practice not to intervene in or take over the practice of
another Clause 34.

• supplant or attempt to supplant another Consulting Quantity

Surveying Practice
• intervene or attempt to intervene in, quantity surveying work of any
kind
• take over the work of another Consulting Quantity Surveying Practice
acting for the same employer or client, on the same project, unless
he has obtained the consent of that other registered Quantity
Surveyor; or employer

Acting in dual capacity Clause 35

BOARD OF QUANTITY SURVEYORS MALAYSIA
QUANTITY SURVEYORS ACT (AMENDMENTS) 2015
QUANTITY SURVEYORS (AMENDMENT) RULES 2016

Laws of Malaysia : Act 487

[Am.Act A1157]

Complaints against registered Quantity Surveyor Clause 35A

Any person may lodge a complaint against a registered Quantity

Surveyor, where such complaint shall be made in writing by the
complainant.

Investigation by Investigating Committee

Hearing Before Disciplinary Committee

Dispute Resolution Panel

The Registrar shall inform the complainant and the registered Quantity
Surveyor of the order in respect of the complaint.
BOARD OF QUANTITY SURVEYORS MALAYSIA
QUANTITY SURVEYORS ACT (AMENDMENTS) 2015
QUANTITY SURVEYORS (AMENDMENT) RULES 2016

PART IV
CODE OF PROFESSIONAL CONDUCT

Laws of Malaysia : Act 487

[Am.Act A1157]
Penalties for obtaining registration by false pretences, etc.

Clause 24

Any person, firm or body corporate who

(a) procures or attempts to procure registration or approval or a

certificate of registration or a permit to practise under this Act by
knowingly making or producing or causing to be made or
produced any false or fraudulent declaration, certificate, permit,
application or representation whether in writing or otherwise;
(b) wilfully makes or causes to be made any falsification in the
Register;
(c) forges, alters or counterfeits any certificate of registration or
permit to practise underthis Act;
(d) uses any forged, altered or counterfeited certificate of
registration or permit to practise under this Act knowing the
same to have been forged, altered or counterfeited;
BOARD OF QUANTITY SURVEYORS MALAYSIA
QUANTITY SURVEYORS ACT (AMENDMENTS) 2015
QUANTITY SURVEYORS (AMENDMENT) RULES 2016

PART IV
CODE OF PROFESSIONAL CONDUCT

Laws of Malaysia : Act 487

[Am.Act A1157]

Penalties for obtaining registration by false pretences, etc.

Clause 24

Any person, firm or body corporate who

(e) impersonates a Consultant Quantity Surveyor, Professional

Quantity Surveyor, Provisional Quantity Surveyor or Quantity
Surveying Technologist;
(f) buys or fraudulently obtains a certificate of registration or
permit to practise under this Act issued to another Consultant
Quantity Surveyor, Professional Quantity Surveyor, Provisional
Quantity Surveyor or Quantity Surveying Technologist or
Consulting Quantity Surveying Practice; or
(g) sells any certificate of registration or permit to practise issued
under this Act; or
(h) contravenes subsection 7(1), 8(1), section 24A, 24B,
subsection 24D(2) or 25B(5), and,
58
BOARD OF QUANTITY SURVEYORS MALAYSIA
QUANTITY SURVEYORS ACT (AMENDMENTS) 2015
QUANTITY SURVEYORS (AMENDMENT) RULES 2016

PART IV
CODE OF PROFESSIONAL CONDUCT

Laws of Malaysia : Act 487

[Am.Act A1157]
Penalties for obtaining registration by false pretences, etc.

Clause 24

FOUND GUILTY of an offence under this

Act and shall be liable on conviction to a
fine not exceeding FIFTY THOUSAND
RINGGIT or to IMPRISONMENT for a term
not exceeding THREE years or BOTH, and,
in the case of a continuing offence, to a
further fine of five hundred ringgit for each
day during which the offence continues
after conviction.
IN SUMMARY……..

ETHICAL DECISION MAKING

AVOID THE

AT ALL COST
Your current Client on an ongoing project
intends to replace your CQSP with a ‘more
capable CQSP’. Which of the following is the
best action you should take?

a Immediately report to the BQSM that there

. are attempts to supplant you as the
consultant QS
b Negotiate with the Client on a lower fee so
. that your appointment is secure

c Seek clarification from the Client and

. advise him of rules against supplanting

d Upgrade the level of your professional

. services to your client

e Seek out the Directors of the CQSP

. concerned and send them a warning letter
A Registered Quantity Surveyor shall at all times
exercise the standard of reasonable care, skill
and diligence normally expected and accepted by
the quantity surveying profession. Which of the
following best reflect this Rule?

1.Be qualitied as a GBI facilitator and KLRCA

Adjudicator
2.Discharge your duties with complete honesty
3.Do not offer or accept illicit commissions
4.Provided value added services at the same fees
5.Act with fairness in construing and
administering contacts

a 1, 2 & 3 ○
.
b 1, 3 & 5 ○
.
c 2, 3 & 4 ○
.
d 2, 4 & 5 ○
.
e 2, 3 & 5 ○
.