Except where the context otherwise requires, the following terms and abbreviations shall apply throughout this Policy:
“Board” means Board of Directors of Ni Hsin Resources Berhad Group of companies (“NHR” Group).
“Chairman” means Chairman of the Board.
“Company” or “NHR” means Ni Hsin Resources Berhad.
“Group” means NHR and its subsidiaries collectively.
“INED” means Independent Non-Executive Director of NHR, being the director identified by the Board as one to whom concerns may be conveyed.
“Whistle Blower” means an employee of the Group who makes a disclosure in good faith of improper conduct or alleged wrongdoings occurring in the Group.
“Whistle Blowing” means the disclosure in good faith by an employee of the Group, to the management or directors, of actual, suspected or anticipated mismanagement, corruption, illegality, or some other wrongdoings within the Group.
All employees of the Group are encouraged to raise genuine concerns about possible improprieties in matters of financial reporting, compliance, malpractices and unethical business conduct within the Group at the earliest opportunity and in an appropriate way.
The scope of matters covered by this Policy not only relates to concerns and complaints regarding financial matters but also the following (not exhaustive):
The principles underpinning this Policy are as follows:
If any employee believes reasonably and in good faith that suspected incident of improper conduct or malpractice exists within the Group, the employee should report this immediately to his immediate superior or management in writing, providing as much detail as possible and specifying:
The management who receives the complaint shall maintain all complaints received, tracking their receipt, investigation and resolution. Each report shall be screened to assess its reliability and whether there is sufficient information to warrant an investigation.
The management may decide not to investigate a complaint if in his opinion the complaint:
Should the management determine that a Whistle Blower’s report warrants an investigation, he or such other officer as may be identified will conduct an investigation with complete independence and confidentiality, in the shortest possible time given the resources available.
A Whistle Blower:
The following principles shall be applied to all investigations:
The Whistle Blower will be informed of who is handling the matter, how he can make contact with the investigator and whether there is any further assistance required. The Whistle Blower will receive update on the progress of the investigation and its outcome, unless this would be detrimental to the Whistle Blower or the investigation, or unless there are other reasons not to inform the Whistle Blower (such as the infringement of a duty of confidentiality owed by the Group to another party).
The investigator will be responsible for safeguarding all information received from a Whistle Blower. The knowing unauthorised disclosure of Whistle Blower’s information or the identity of a Whistle Blower by any employee may constitute misconduct for which, if established, disciplinary measures may be imposed.
The person who is being investigated by the Company shall:
The Whistle Blower may make a report to the INED directly if:
The INED may delegate the responsibility for implementing the Whistle Blowing procedures to a guardian/custodian of the Whistle Blowing procedure within the Company. The guardian’s role is to appoint fair and independent (internal or external) investigative officers of the Company to be identified (hereinafter referred to as “Investigating Officer”).
The guardian/custodian of the Whistle Blowing procedure also includes coordination of the policy and administration.
The appointed guardian/custodian is Ms Ng Shwu Ching, the Executive Director of the Group.
It should be noted that cases relating to suspected criminal activity, including but not limited to fraud, may be referred to the police at any stage of the investigation and will then be investigated by an external investigator.
Following investigation of the complaint, the investigator or Investigating Officer (as the case may be) shall recommend disciplinary or remedial action, if any. The INED will make a decision based on the findings reported and recommendations.
In the event that a complaint made in good faith is subsequently found to be untrue, no action would be initiated against the Whistle Blower. However, action will be taken against Whistle Blower making baseless allegations.
The investigator or Investigation Officer (as the case may be) shall submit a written report to the INED, no later than 2 weeks before the end of each quarter, on the progress or result of all investigation and any actions taken in connection therewith. The report shall contain:
All employees, directors and officers must fully co-operate with any investigation initiated under this Policy.
All employees, directors and officers must refrain from any activity that is, or could be perceived to be, victimisation or harassment of a Whistle Blower making a complaint in good faith. Any effort to retaliate against such Whistle Blower will be reported immediately to the INED and appropriate disciplinary action taken.
Any attempt to cover up wrongdoing is a disciplinary offence. If the Whistle Blower is told not to raise or pursue a complaint, even by a person in authority, he should report the matter to the INED.
The Group acknowledges that the act of whistle blowing should not shield Whistle Blower from the reasonable consequences flowing from any involvement in improper conduct. The Whistle Blower’s liability for his own conduct is not affected by his disclosure of that conduct. However, in some circumstances, an admission may be a mitigating factor when considering disciplinary or other action.
Upon completion of an investigation, all documentation pertaining to the complaint including but not restricted to the investigation report, corrective action taken and evidence shall be maintained by the Human Resource Department.
A summary of the Whistle Blowing procedures is set out in Appendix I.
All complaints received will be kept confidential and will be shared only on a ‘need to know’ basis.
The identity of a Whistle Blower will not be disclosed without his prior consent. Where concerns cannot be resolved without revealing the identity of the Whistle Blower (i.e. if the evidence is required in court), a dialogue will be carried out with the Whistle Blower as to whether and how the matter can be proceeded.
Making a disclosure
If you are aware or concerned about misconduct taking place within the Group, you should complete the prescribed form in Appendix II and confidentially forward it to your immediate superior or the management.
If you are unable to raise the matter with your superior or the management, you may make a report to the INED directly at yewkiang48@gmail.com.
Initial response to the disclosure
Your superior, the management or the Investigating Officer will determine the appropriate manner of investigation, having regard to all the circumstances, including the evidence available, and then inform the Whistle Blower of how the investigation will proceed.
The Whistle Blower shall extend his fullest cooperation in order to give full consideration to the complaint, to establish whether there is a case to answer or any further action is necessary.
Formal Investigation
Where the decision has been made to carry out an investigation, investigation will be carried out with complete independence and confidentiality, and shall be completed in the shortest possible time, given the resources available.
The INED will make a decision based on the findings reported and recommendations.
It should be noted that cases relating to suspected criminal activity, including but not limited to fraud, may be referred to the police at any stage of the investigation and will then be investigated by an external investigator.
Confirmation of the outcome
The Whistle Blower will be informed of the outcome of the investigation and any appropriate action that has been taken to resolve the complaint, subject to any confidentiality clause and/or legal constraints.