Table of Contents

1 INTRODUCTION ............................................................................................................. 2
2 REGISTRATION OF ENGINEER’S REGULATION 1990, PART IV. CODE OF
CONDUCT ................................................................................................................................ 4
2.1 Clause 23 ..................................................................................................................... 4
2.2 Clause 24 ..................................................................................................................... 4
2.3 Clause 25 ..................................................................................................................... 5
2.4 Clause 26 ..................................................................................................................... 5
2.5 Clause 27 ..................................................................................................................... 6
2.5.1 Clause 27a ............................................................................................................ 7
2.6 Clause 29 ..................................................................................................................... 8
2.7 Clause 31 ..................................................................................................................... 8
2.8 Clause 32 ..................................................................................................................... 9
3 CONCLUSION ................................................................................................................ 11
4 REFERENCES ................................................................................................................ 12

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1 INTRODUCTION
The study and practise of law focuses on the social norms, practises, and codes of
behaviour that are regarded as legally obligatory (Britannica, 2022). These laws are put into
effect by a governing body like the police or courts, it is required that any law enforcement and
legal personnel must continually refresh their knowledge and abilities since laws change as
society does to ensure that every action that was taken by the legal personnel and law enforcers
are still according to the law that was establish by the governing body (Britannica, 2022).

Engineer’s Act Malaysia or Registration of Engineers 1967 is a system for registering

engineers, as well as sole proprietorships, partnerships, and companies that offer expert
engineering services, is intended to be established under this statute (Law of Malaysia, 2013).
This Act is governed by a board called Board of Engineer that act as a body corporate that exist
indefinitely and hold the ability to have a common seal and bring legal action against other that
violated the Engineers Act or subjected to legal action if the board itself violate the act (Law
of Malaysia, 2013). As an engineer, it is crucial for engineer to be alert with Law as it is to
ensure that every work conducted by the engineers follow the regulation that is stated in the
Engineer’s act, allow the engineers to understand which permits or license are required in
different circumstances, protect the engineers work, acknowledge the boundary of liability and
to avoid lawsuits when conducting business or works (Arkansas State University, 2017). It is
required that every person that is practising engineering to Register with the Board of Engineer
as it is stated in the Registration of Engineers Act 1967 section 7.

 anyone who hasn't registered isn't allowed to practise, own a business, or hold jobs that
require them to provide professional engineering services.
 Unless they possess a valid professional engineer practising certificate, a person is not
allowed to use a title that includes the words "professional engineer with practising
certificate" or any other words that could conceivably imply that they are a licenced
professional engineer.
 Unless they truly have such a certificate, it is against the law for someone to use or
display any sign, board, card, or other object that suggests or implies that they are a
licenced professional engineer with a practising certificate.
 In any courts or legal environment, a person is not allowed to ask for or accept payment
in exchange for rendering professional engineering services. This includes fees,
charges, and other forms of payment unless they possess valid professional engineer
practising certificate.

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  An unregistered person is not allowed to use the stamp that the board has decided upon
for any function or purpose.

In the Engineer’s Act Malaysia, the crucial part which engineer needs to be alert so that
any action or business conducted is with respect to the ethical and professional practices in the
field of civil engineering and construction are on the Part IV of the Registration of Engineer’s
Regulation 1990 clause 23 to 32, Code of Conduct. The terms registered person which are used
in the clause are referred to as a registered Engineer, Engineering technologist, or Inspector of
Works (Board of Engineers Malaysia, 2016)

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2 REGISTRATION OF ENGINEER’S REGULATION 1990, PART IV. CODE OF
CONDUCT
2.1 Clause 23
23. Every Registered Person shall conduct himself honourably, responsibly, ethically, and
lawfully.

From my understanding, this clause state that every registered person needs to conduct
themselves honourably by being trustworthy, honest, and polite. Every action taken that was
related to their work as an engineer must be conducted with integrity to avoid any any action
that could lead to the damage of their organization or profession reputation. Second,
responsibly refers to to registered person that they must act in a way that conveys a feeling of
obligation to their organisation and profession. Third, ethically means that registered person
should abide the ethical principial and code of conduct applicable to their profession and also
avoiding any behaviour that implies as unethical or unprofessional. Lastly, lawfully means that
all registered person needs to abide by all applicable laws and regulations and avoid engaging
in any activity that could be classified as illegal by the law. This clause refers to the important
of upholding high standards of conduct and behaviour and stresses the obligation that registered
person have to their profession, organisation, and society at large.

2.2 Clause 24
A registered person shall

a) Discharge his professional duties with due skill, care, diligence and good faith.
b) At all times hold paramount the safety, health and interest of the public.
c) Take reasonable step to reduce foreseeable adverse effects of professional engineering
services on the environment.

From my understanding this implies that engineers that responsible for any project need to
guarantee the safety and quality of their work, safeguard the public even when doing so clashes
with the interests of their customers or employers, and try to limit any unfavourable effects
their work may have on the environment. Failure to follow this clause could lead to injury of
the workers and public or even death. For example, there is a case if a construction project site
landslide occurred due to the negligence of the engineers (Dermawan, 2019). The case occurred
in Tanjung Bungah, Penang where landslide at a construction site in Lorong Lembah Permai 3
and costed 11 lives, the investigation on the land slide that occurred concluded that one of the
pile cap used at the construction site was carried out without design, calculation and supervision

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and no proper precaution was taken by the building contractor and department of Occupational
Safety and Health to stress the danger of working near the slope due to it dangerous conditions
(Dermawan, 2019).

2.3 Clause 25
25. A registered person shall discharge his duties to his employer or client, as the case may be,
with complete fidelity.

This clause applies to any registered person that have accepted a professional
engagement from an employer or client which entails them to act in good faith and being loyal
to their employer or client and the registered person also obligated to conduct themselves with
honesty, diligent, and integrity to avoid any potential conflicts of interest over the course of
their employment. Conducting duty with complete fidelity also refer to the registered person
to respect the confidentiality of their employer or client by protecting any confidential
information that could harm the interests of their employer or client or to use that information
to the registered person personal benefit.

2.4 Clause 26
26. A registered person shall not maliciously injure or attempt to maliciously injure whether
directly or indirectly, the professional reputation, prospect or business of another registered
person.

This clause emphasise that it is forbidden for any registered person to act in a way that
results in damaging another registered person's company, prospects, or professional reputation
which also include spreading rumours or gossip and making false or defamatory remarks about
another engineer.

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2.5 Clause 27
27. A registered person shall not

a) Canvass or solicit professional employment.

b) Offer any gift or other valuable considerations or pay a commission or brokerage fee in
order to secure professional employment.
c) Except as permitted by the Board, advertise in any manner or form in connection with
his profession.
d) Provide professional engineering services to any person, unless the scope of such
service are clearly defined in a written agreement between both parties.
e) Offer, give, solicit or receive either directly or indirectly any contribution which may
be reasonably construed as having the effect of intent to influencing the award of
contracts.

Clause 27 emphasises that any registered person could not actively seek for or solicit
employment in way that can be considered as unethical or unprofessional meaning that any
registered person needs to rely on their reputation, expertise, and prior achievements. Secondly,
a registered person needs to refrain themselves from giving presents or valued considerations
and paying commission or brokerage fees for the registered person to acquire a professional
employment as this type of behaviour could endanger the registered person integrity with
respect to their profession and could lead unemployment. Third, registered person needs to gain
prior Board approval for the registered person to use any type of advertisement that promote
their services, this due to the board strict guidelines to maintain the integrity and
professionalism in the engineering profession. Fourth, registered person is not allowed to
provide or offer any professional engineering services to anybody without a written contract
outlining the specifics of the work that will be done to avoid any misunderstanding between
the registered person and employer or client that may arise when conducting a certain project.
Lastly, registered person is prohibited to give any contribution that could influence of
procurement of a contract which is important to prevent unfair competition, promote fair
practices and to keep the procurement process transparent.

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2.5.1 Clause 27a
27a. An engineering consultancy practice shall not

a) Canvass or solicit to provide professional engineering services except permitted by the

Board.
b) Offer any gift or other valuables consideration or pay a commission or brokerage fee in
order to provide professional engineering services.
c) Excepts permitted by the board, advertise in any manner or form any advertisement in
connection with the engineering profession.
d) Provide professional engineering services to any client, unless the scope of the services
is clearly defined in a written agreement between both parties.
e) Offer, give, solicit or receive, either directly or indirectly any contribution which may
reasonably construed as having the effect of intent to influencing the award of a
contract.

Clause 27 is similar to clause 26 but it priorities for engineering consultancy firm to avoid
any legal issues or sue. Violation of clause 26 would mean breaking the law which has occurred
where a former engineer from the Public Works Department (JKR) was once more charged
with soliciting payments in exchange for proposing a consulting firm to be chosen as a
subcontract consultant for a slope management project (The star, 2023). The former engineer
requested a graft for himself from the project of slope work for Pintas Utama Sdn Bhd as a
payment for suggesting the consultant company to Pintas Utama Sdn Bhd as a subcontract
consultant for slope maintenance at federal and state roads in Peninsular Malaysia under a long-
term contract that began in 2017, the former engineer is now facing punishment of a maximum
jail time of 20 years and a fine not less than five times the amount or value of the bribe (The
star, 2023). This case occurred that occurred show the importance of to act in accordance with
Registration of Engineer Regulation 1990 when conducting business or work that is related
with engineering.

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2.6 Clause 29
29. A registered Engineer or and engineering consultancy practice shall not be a medium of
payment made on his client behalf unless he is so requested by his client nor shall he, in
connection with work on which he is employed, place contracts or orders except with the
authority of and on behalf of his client.

This clause emphasises the importance of a registered engineer or engineering

consultancy practices to act as an intermediate or middleman for payments made on the client's
behalf. The engineering consultancy firm or the registered engineer also need to acquire
permission from the client before placing any contract or placing any orders related to the task
they are hired to undertake. This is paramount because violating this clause could lead to
conflict of interest and jeopardise the integrity and transparency of the engineering profession.
Additionally, it could result in power abuse, corruption, and unethical behaviour.

2.7 Clause 31
31. A registered engineer or an Engineering consultancy practice shall not directly or indirectly

a) Supplant or attempt to supplant another registered Engineer or an Engineering

consultancy practice.
b) Intervene or attempt to intervene in or in connection with engineering work of any kind
which to his knowledge has already been entrusted to another registered Engineer or
an Engineering consultancy practice.
c) Take over any work of that other registered Engineer or an Engineering Consultancy
practice acting for the same client unless he has
I. Obtained the consent of that other registered Engineer or an Engineering
Consultancy.
II. Been formally notified by the client that the services of other registered
Engineer or an Engineering consultancy practice have been terminated in
accordance with the provisions of any contract for professional engineering
services entered into between that other registered engineer or an Engineering
consultancy and the client, provided always that in the case of dispute over non-
payment of fees or quantum of any outstanding fees under the contract, the
client may request the Board to be the stakeholder.

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 This clause emphasises on the registered engineer or an engineering consultancy
practice to always conduct themselves ethically and for them to be aware of their
responsibilities as a registered person or engineering consultancy practice. This crucial to the
working environment as it helps to promote fair competition and professional conduct among
the registered engineers and engineer’s consultancy practices and help in ensuring that every
action that was taken is not involve in any unethical practices such as undermining the work of
other registered engineers or engineer’s consultancy practice. This also help in maintaining the
integrity of the engineering profession and the trust of the client. This clause also helps in
preventing any misunderstanding or dispute to occur when certain situation occurred such as
another registered engineer or engineer consultancy practice taking over any work from another
registered engineer or engineer consultancy practice where it stated that before taking over any
work, the person or firm in charges need to be formally notified by the client that the services
of other registered Engineer or an Engineering consultancy practice have been terminated in
accordance with the provisions of any contract for professional engineering services entered
into between that other registered engineer or an Engineering consultancy and the client.

2.8 Clause 32
1) Except with prior approval of the board, a registered Engineer in an Engineering
consultancy practice shall not be a director or executive of or substantial shareholder in
or agent for any contracting or manufacturing company or firm or business related to
building or engineering.
2) If such approval is given, such registered Engineer shall not undertake any contract
work wherein he is engaged to provide professional engineering services in such project
unless it is in respect of a "design and build" project.

This clause is important as it help in maintaining the highest standard of professionalism

and integrity in the engineering profession. Following these guide helps in maintaining the faith
of the client and public while reassuring the safety and quality of the project that their work on.
This also help in maintaining the registered person or Engineer consultancy practice reputation,
promoting the expansion of the firm or person, protect the interest of public. The first part of
the clause is to prevent conflict of interest that could arise when the registered person is involve
with the business. This involvement could affect the registered person professional judgment
and independence as the main priorities of the registered person may shifted in securing the

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share in the firm or company that they are involved in. the second part emphasises that when a
registered person is approved to be director, executives, or substantial shareholder in or agent
for contracting or manufacturing company or firm, the person is not allowed to take up a job
that requires their professional engineering service unless it is for design and build project.
Design and build refer to a project where a single contractor is appointed and is responsible for
both designing and construction of the project (Designingbuilding, 2022). This is to ensure that
the registered person does not involves in business that could compromise their professionalism
by providing engineering services for project that favour the business that they have interest
in.

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3 CONCLUSION

To conclude conduct of engineer must be accordance with the Registration of Engineers

Regulations 1990, part IV, Code of conduct from clause 23 to 32. It provides the guidelines for
registered person or Engineering Consultancy Practice to behave or conducting business or
work ethically and responsibly to ensure that the high standards of engineering profession and
ensuring the safety and health of public interest that are involved with any civil engineering
project.

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4 REFERENCES
Arkansas State University. (2017). Retrieved from Laws engineer need to know:
https://degree.astate.edu/articles/engineering/laws-engineers-need-to-
know.aspx#:~:text=Engineers%20who%20do%20not%20understand,they%20affect%
20their%20own%20work.

Board of Engineers Malaysia. (2016). Law of Malaysia REGISTRATION OF ENGINEERS

ACT 1967 AND REGISTRATION OF ENGINEERS REGULATIONS 1990. Kuala
Lumpur: Board of Engineer Malaysia.

Britannica. (2022). Retrieved from Law: https://www.britannica.com/topic/law

Dermawan, A. (2019). Inquiry rules human negligence main cause of Tanjung Bungah
landslide. Retrieved from New Straits times:
https://www.nst.com.my/news/nation/2019/08/516790/inquiry-rules-human-
negligence-main-cause-tanjung-bungah-landslide

Designingbuilding. (2022). Retrieved from Design and building - pros and con:
https://www.designingbuildings.co.uk/wiki/Design_and_build_-
_pros_and_cons#:~:text=Design%20and%20build%20is%20a,then%20to%20constru
ct%20the%20works.

Law of Malaysia. (2013). Retrieved from Perdana Leadership foundation:

tp://lib.perdana.org.my/PLF/GOVERNMENT%20PUBLICATION/Publication%20L
aws%20of%20Malaysia%20(L.O.M)/Registration%20of%20Engineers%20Act%201
967%20%5BAct%20138%5D%20(online%20version%20as%20at%201%20April%2
02013).pdf

The star. (2023). Ex-JKR engineer charged again with soliciting bribes. Retrieved from The
star: https://www.thestar.com.my/news/nation/2023/04/07/ex-jkr-engineer-charged-
again-with-soliciting-bribes

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