Many Malaysians have complained that most of our 32 Ministers, 38 Deputy Ministers and numerous special advisors to the Prime Minister under the BN/PN Government who are drawing huge salaries at the people’s expense are non performing and incompetent.
Their absurdity and incompetence can be best highlighted and illustrated when the BN/PN Government recently introduce amendments to the Wildlife Preservation Act 2010 which are clearly against the principles of criminal law. Instead of doing away with ridiculous offences, the BN/PN Government
enhanced their punishments under the Wildlife Preservation Act 2010. Amongst the amendments passed recently at the Dewan Rakyat are as follows :-
- Forgetting to bring or not displaying a licence will be punishable with a fine up to RM50,000-00 and/or imprisonment up to 3 years (Section 17). These should not be made punishable if the person can show that he/she has a valid licence. If we want to make it an offence, the punishment should not be so severe as the person has not cause any harm to society.
- If one does not return an expired licence within 14 days upon its expiry, it will be punishable with a fine up to RM50,000-00 and/or imprisonment up to 3 years (Section 22). An expired licence is a waste paper. How can such a severe punishment be imposed for not returning a waste paper? There should never be a necessity to return an expired licence and it should never be made an offence.
- Mutilating or defacing a licence will be punishable with a fine up to RM100,000-00 and/or imprisonment up to 7 years. The fine is increased to not exceeding RM200,000-00 if the offender is a body corporate (Section 25A). When has a piece of licence become a holy item that mutilating or defacing it can become an offence punishable with such severe punishments ?
- To take, disturb or damage a nest or an egg of any wildlife, or to disturb, cut, remove or take any soil, timber or vegetation in a wildlife reserve/sanctuary is punishable up to RM1.0 Million and/or imprisonment up to 10 years (Section 49). Such wrongful acts surely do not such severe punishments.
The amending Act has also indiscriminately increased penalties for many other offences.
Punishments must commensurate with the offences committed. Experience tells us that overly severe punishments are unjust and will also encourage corruption.
What further flabbergasted me was when I raised the absurdities of these amendments, the BN/PN Minister, Datuk Seri Haji Takiyuddin Bin Hassan retorted that if I am unhappy with the amendments I can challenge them in court! He does not seem to understand the basic fundamental functions of
Parliament and the Courts! Parliament decides if an action is an offence. The courts will decide accordingly. If Parliament decides that not returning an expired licence within 14 days from its expiry is an offence, the court has no other option but to make a decision that an offence has been committed and vice versa.
I call on the people to reject this BN/PN incompetent government in the coming Malacca election on 20th November 2021 (Saturday) and in the next general election.
This is an appropriate case needing the intervention of the Dewan Negara. I call on the Dewan Negara to reject this amendment bill when it comes before it.