http://dapmalaysia.org
|
The move to create a drug free civil service system is certainly a step in the right direction Media Statement by Gobind Singh Deo (Kuala Lumpur, Monday): The move to create a drug free civil service system is certainly a step in the right direction. Dato Seri Najib Tun Razak is today quoted as saying he supports the move to screen all staff in government regularly for drug abuse.
The government should create laws which will provide for a procedure which allows for the taking of urine or blood samples and the subsequent process of testing. These laws should also ensure safeguards are put into place to protect against abuse and to ensure that samples are taken only where absolutely necessary and for no others colorful reason.
The law as it currently stands does not allow anyone to compel another to give up his urine or blood samples for testing.
In Peter James Binsted v Jerencia Autor Partosa(2000) 2 CLJ 906, the Malaysian High Court when asked to consider whether samples could be taken from individuals for DNA testing said;
If a person refuses to submit himself to such a test, he is perfectly entitled to do so. A person cannot be subject to hurt against his will by submitting himself to such test. Whoever carries out such testing without the persons consent would violate S323 of the Penal Code for voluntarily causing hurt to the person and a court cannot, in the absence of a specific legislative provision, order such person to submit himself to an unlawful act to be committed on his person.
Without new legislation to overcome this problem, the move to take drugs out of the civil service system cannot work. It would yet again remain an intelligent thought without practical significance.
* Gobind Singh Geo, Secretary of DAP National Legal Advisory Bureau |