Tomorrow (11th March 2021) the Emergency (Prevention and Control of Infectious Diseases)(Amendment) Ordinance 2021 (hereinafter referred to as ‘EO 2021’ will take effect. On 27/2/2021, the Inspector General of Police (IGP), Tan Sri Abdul Hamid Bador said the enforcement of RM10,000-00 compound fine effective on 11/3/2021 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 2/3/2021, the Defence Minister, Datul Seri Ismail Sabri Yaakob who is entrusted to update the public on Covid-19 reiterated the position stated by the IGP but stated that the public can appeal against the RM10,000-00 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 the Health Minister, Dato’ Seri Dr. Adham Baba and the Minister in the Prime Minister Department in charge of law, Datuk Seri Takiyuddin Hassan issued a media statement on 3/3/2021 with regard to EO 2021, they failed to correct 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 30th January 2021, 8th February 2021 and 1st March 2021.
As of today no subsidiary legislations have been made under EO 2021. Until and unless subsidiary legislations are made the legal position under EO 2021 are as follows:-
- 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 him.
- It increased the general penalty of an offence under Act 342 to a fine not exceeding RM100,000.00 and/or an imprisonment for a term not exceeding 7 years.
- The Director General of the Health Ministry or his authorised officers may only compound a case with the consent in writing from the Public Prosecutor.
- 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 RM10,000.00 or in the case of a body corporate a sum not exceeding RM50,000.00.
No where is provided that the compound up to RM10,000-00 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:-
- Offences under Act 342 are non-seizable offences.
- The police have no power to issue 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 SOPs unlawfully as they did not obtain any warrant of arrest from the courts. The offer to compound (summons) issued by the police were 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 there 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 PN Government which does not follow the provisions of our laws.