MP SPEAKS | No legal provisions to appeal RM10k for breaching MCO

MP SPEAKS | Health Minister Dr Adham Baba and the Minister in the Prime Minister Department in charge of Law Takiyuddin Hassan must correct the false news spread by the Inspector-General of Police Abdul Hamid Bador and the Defence Minister Ismail Sabri Yaakob with regard to the legal provisions under the Emergency (Prevention and Control of Infectious Diseases)(Amendment) Ordinance 2021.

Tomorrow (March 11, 2021), the Emergency (Prevention and Control of Infectious Diseases)(Amendment) Ordinance 2021 (hereinafter referred to as ‘EO 2021’ will take effect. On Feb 27, 2021, Abdul Hamid said the enforcement of the RM10,000 compound fine effective on March 11, 2021, will only be imposed on individuals who breach the movement control order (MCO) repeatedly as well as those who can trigger the spread of Covid-19.

On March 2, 2021, Ismail Sabri, who is entrusted with updating the public on Covid-19, reiterated the position stated by the IGP but stated that the public could appeal against the RM10,000 compound.

The statements made by the IGP and the defence minister are false. I have checked the legal provisions and as of today, there is no legal basis to support their statements.

I regret to note that when Adham and Takiyuddin issued a media statement on March 3, 2021, with regard to EO 2021, they failed to correct the legal position stated by the IGP and the defence minister. They also failed to address the various issues I have raised in my media statements issued on Jan 30, 2021, Feb 8, 2021, and March 1, 2021.

As of today, no subsidiary legislation has been made under EO 2021. Until and unless subsidiary legislations are made, the legal position under EO 2021 are as follows:

1. All offences under the Prevention and Control of Infections Diseases Act 1988 (Act 342) as amended by EO 2021 will be seizable offences. The police can arrest a suspected offender, detain and investigate the person.

2. It increased the general penalty of an offence under Act 342 to a fine not exceeding RM100,000 and/or imprisonment for a term not exceeding seven years.

3. The director-general of the Health Ministry or his authorised officers may only compound a case with consent in writing from the public prosecutor.

4. Upon receiving the written consent of the public prosecutor, the director-general of the Health Ministry or his authorised officers may offer to compound an individual up to a sum not exceeding RM10,000 or in the case of a body corporate, a sum not exceeding RM50,000.

Nowhere is it provided that the compound up to RM10,000 apply only to individuals who breach the MCO repeatedly as well as those who can trigger the spread of Covid-19.

The legal position under Act 342 before being amended by EO2021 is as follow:-

(i) Offences under Act 342 are non-seizable offences.

(ii) The police have no power to issue an offer to compound (summons) for offences under Act 342.

Therefore, the police have been arresting and detaining those suspected of breaching Act 342 or regulations made under the Act like breaching the MCO or standard operating procedures unlawfully as they did not obtain any warrant of arrest from the courts.

The offer to compound (summons) issued by the police was also issued unlawfully as they did not have the power to do so.

I call on the courts as guardians of our law to take judicial notice of the illegal acts committed by the police and the unauthorised offer to compound (summons) issued by the police when their cases are brought before the court.

We need to uphold the rule of law before our nation goes to the dogs under the backdoor unelected Perikatan Nasional government which does not follow the provisions of our laws.

NGEH KOO HAM is member of Parliament for Beruas.

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