KUALA LUMPUR, April 17 — Senior Minister Datuk Seri Ismail Sabri Yaakob today made it clear that police are empowered under the law to take action against those who flout the movement control order (MCO).

He said the Prevention and Control of Infectious Diseases Act 1988 (Act 342) states that the health minister may appoint any person to enforce the Act, in this case, the police.

“Section 3.1 of the Act states that the Health Minister may appoint any officer, agency, including the police, armed forces (ATM) and the Malaysian Maritime Enforcement Agency (MMEA) at sea to carry out all matters relating to the Act, including regulations under it.

“Even Section 3.2 also mentions that an officer is authorised to act under the Act and is deemed to be a civil servant and any offences against the officer will fall under the Act as well as Section 186 of the Penal Code,” said Ismail Sabri during a press conference this afternoon.

Section 186 of the Penal Code deals with voluntarily obstructing a public servant in discharging his duty.

Ismail Sabri was responding to certain quarters questioning if the police are empowered to conduct any arrest and prosecute under the Prevention and Control of Infectious Diseases Act 1988 (Act 342) during the MCO period.

Yesterday, a news portal reported lawyer Muhammad Rafique Rashid Ali as saying that the law underlying the enforcement of the rule did not allow police to make arrests as it is only a summons case.

He held that the arrests and detention of the police for the purpose of investigations were contrary to freedom as provided for under Article 5 (1) of the Federal Constitution.