MARCH 16 — I call on the Perikatan Nasional government to cancel the SOP summons issued and to rescind the increase of the fines and penalties for violating the SOPs. The risk of abuse by authorities together with the needless and severe punishment of the innocent will not lead to better compliance with the SOPs. Instead, they will undermine efforts to contain the spread of Covid-19.
The PN government used the Proclamation of Emergency to increase the penalties for violation of SOPs. By the Emergency (Prevention and Control of Infectious Diseases)(Amendment) Ordinance 2021 (“the Ordinance”), penalties for offences under Section 24 of the Prevention and Control of Infectious Diseases Act 1988 (Act 342) (“the Act”) were increased from imprisonment of two years or a fine to imprisonment of seven years or a fine of RM 100,000.
The amount of the fines that can be compounded under Section 25 of the Act were increased from RM1,000 to RM10,000.
This increase is too drastic and out of proportion to the seriousness of not complying with the SOPs. Many people cannot afford to pay the RM10,000 fine. This means for all practical purposes this PN government is sending these people to prison.
It is simply irrational to provide for the same punishment for an offence, for example, under Section 12(1) of the Act, where a person who knows he is suffering from an infectious disease, knowingly spread the infectious disease with the breach of SOP, where a healthy person who without intention to spread the disease accidentally fails to follow the SOPs. The punishment cannot be the same because one is far more serious and involves the element of criminal intent, while the other does not.
The government has failed to appreciate the distinction between strict liability offences and the offences which requires “mens rea” or “criminal intention.” The justification for strict liability cases is that such offences are really not criminal in nature, that they deal with minor infractions such as traffic or sale of good. They usually involve small fines and never imprisonment.
The punishment for not complying with the SOPs by payment of a fine of RM100,000 or seven years imprisonment is horrific. The aim of strict liability is the deterrence of socially harmful behavior. This aim cannot be furthered by the punishment of the obviously innocent. The punishment of the innocent will lead to public outrage and undermines public confidence in the justice of the law and its administration.
Further the Emergency (Prevention and Control of Infectious Diseases)(Amendment) Ordinance 2021 which amended Sections 24 and 25 of the Act is unlawful because the Ordinance has not been tabled in Parliament as required by Article 150(3) of the Constitution.
In addition, the punishment provided in the Ordinance is unlawful because they are irrational, disproportionate and unreasonable.
I urge all who have been issued with the summons to seek legal advice. You may contact AMK Legal Bureau through its Facebook page: https://www.facebook.com/amkeadilan
* This is the personal opinion of the writer and does not necessarily represent the views of Malay Mail.
