This media statement is issued not to impede the Government’s effort in combating the spread of Covid-19 but to require the Perikatan Nasional government to follow the law as it requires its citizens to do so and the increasing number of complaints received that some police officers are abusing the purported powers conferred on them.
Movement Control Orders (MCO) are made under the Prevention and Control of Infectious Diseases Act 1988 (Act 342) (‘The Act’). Under Section 3 (1) of the Act, the Minister of Health may appoint any suitable person to be an authorised officer.
Authorised officer has been defined in the Act to mean any Government or Local Authority medical officer of health, any health inspector or any officer appointed by the Health Minister under Section 3 of the Act. By ejusdem generis (of the same kind) rule of interpretation the appointed officer must be an officer who is related to health.
The Health Minister has jurisdiction only over his Ministry and no other. Therefore, the Act will not envisage the Health Minister appointing authorised officers who are not within his jurisdiction. Under Section 23 of the Act any authorised officer may appear in court and conduct any prosecution with respect to any offence against the Act or any regulations made under the Act.
According to the media statement on 18/3/2020 issued by the National Security Council of the Prime Minister’s Department, the Royal Police of Malaysia (‘PDRM’) and Volunteers Department of Malaysia of the Ministry of Home Affairs (‘RELA’) are appointed as the authorised officers pursuant to Section 3 of the Act. Are their appointments valid? For reasons stated above their appointments as authorised officers are probably invalid. Members of PDRM and RELA are not persons related to health. We also cannot envisage all members of PDRM and RELA are authorised to appear in court and conduct prosecution of cases against the Act or any regulations made under this Act.
Section 5 of the Act states that police, customs and immigration officers and officers from other government departments and agencies shall render such assistance as any authorised officer may request. Let us respect the law and let the PDRM render whatever assistance that the Health Ministry may require and not make them authorised officers.
Can PDRM offer to compound offences under the Act or regulations made thereunder?
Section 25 of the Act gives exclusive power to the Director General of the Health Ministry or any public officer authorised by him for this purpose in writing to compound any offences under the Act or any regulations made under the Act.
Police officers have been issuing offer to compound (summons) to many people who purportedly have committed an offence under the Act or regulations under the Act. Do they have authorisation in writing from the Director General of the Health Ministry as required by law?
I have received complaints that some have been given the offer to compound (summons) by the police even though they have not committed an offence while others have been asked to be given a bribe in consideration of the police not issuing the offer to compound.
I call on the Government to do it the correct way. The police should only assist the Health Ministry by warning the people to observe the regulations made under the Act if they come across any one breaching the MCOs. If they refuse to comply or disobey the police’s orders, then he/she may be charged under Section 186 of the Penal Code for obstructing a public servant in discharge of his public functions where he/she can be punished with imprisonment for a term which may extend to 2 years, or with a fine up to RM10, 000 or with both.
The Act and MCOs are meant to prevent the spread of contagious diseases and not to punish. If a citizen is not aware of the ever changing regulations, they should be given a chance to know what the latest requirements of the law are and on the other hand those who persists in defying the law should be given a more severe punishment.