DECEMBER 13 — Huge crowds seen at Kuala Lumpur Convention Centre (KLCC) where Prime Minister Datuk Seri Ismail Sabri Yaakob attended the four-day 100-day Aspirasi Keluarga Malaysia event were regrettable, said Health Minister Khairy Jamaluddin.
Most of them were there to pay their traffic summons at the summons payment counters at the police and Road Transport Department booths.
Khairy said ministry officials had initially attended meetings with the event organisers, Shared Prosperity Delivery Unit (Sepadu), where he said everything seemed right on paper. However, on the day there was no security and lack of enforcers for Covid-19 standard operating procedures (SOPs).
“So while we admit there are failures and mistakes the compound had to be issued and I had relayed this to the prime minister when he arrived at the event,” said Khairy during the Bicara Khas programme on RTM1 television channel.
Khairy added that he was aware the public was angry at the paltry fine of RM1,000 but said it was all they could do for now under the law.
With due respect, the minister is mistaken on the law. While the amendments to the principal legislation — Prevention and Control of Infectious Disease Act 1988 (Act 342) — made vide the Emergency (Prevention and Control of Infectious Diseases) (Amendment) Ordinance 2021 (EO) are no longer in force because of the annulment of the EO, the regulations made Act 342 remain in force.
The regulations are currently contained in the Prevention and Control of Infectious Diseases (Measures Within Infected Local Areas) (National Recovery Plan) Regulations 2021 [PU(A) 293/2021], which are in force until December 31.
For ease of reference, the relevant provisions are set out in full below:
10 Control of gathering
(1) No person shall, during any designated phase, gather or be involved in any gathering in any premises within any infected local area whether for religious, wedding, sports, recreational, social or cultural purpose.
(2) Notwithstanding subregulation (1), a person may, during any designated phase, gather or be involved in any gathering subject to any directions and conditions issued by the Director General.
(3) Any directions and conditions issued by the Director General under subregulation (2) shall be published on the website of the National Security Council.
17 Offence
(1) Any person who contravenes any provision of these Regulations or any directions and conditions of the Director General or an authorised officer commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.
(2) Where any person who commits an offence under these Regulations is a company, limited liability partnership, firm, society or other body of persons, a person who at the time of the commission of the offence was a director, compliance officer, partner, manager, secretary or other similar officer of the company, limited liability partnership, firm, society or other body of persons or was purporting to act in the capacity or was in any manner or to any extent responsible for the management of any of the affairs of the company, limited liability partnership, firm, society or other body of persons or was assisting in its management —
(a) may be charged severally or jointly in the same proceedings with the company, limited liability partnership, firm, society or the body of persons; and
(b) if the company, limited liability partnership, firm, society or the body of persons is found guilty of the offence, shall be deemed to be guilty of that offence and shall be liable to the same punishment or penalty as an individual unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves —
(i) that the offence was committed without his knowledge; and
(iii) that the offence was committed without his consent or connivance and that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence.
In short, offences under the regulations are indictable or chargeable, pursuant of course to a full investigation following which the deputy public prosecutor may prefer charges against the offenders.
We recall that this was the case in the early days of the movement control order (MCO). Prime Minister Datuk Seri Ismail Sabri Yaakob was then the senior minister who reported the number of offences and offenders being detained (ditahan) in his daily press conference.
Remember the case of the “fishing duo”? Two labourers were charged under the then Prevention and Control of Infectious Diseases Act (Measures within the Infected Local Areas) Regulations 2020 which also carried a RM1,000 or imprisonment not more than six months or both. According to the charge sheet, both men, who were on a motorcycle, had gone to a pond in Rimba Panjang in Sungai Siput on April 2, 2020 at 5pm and were stopped by policemen, who were patrolling.
They were unable to provide a valid reason for being there and were arrested under Section 269 of the Penal Code. They pleaded guilty to the charge and were sentenced to three-month jail by Sungai Siput Magistrate’s Court.
Upon revision by the High Court judge, they were ordered to perform community service instead.
Perhaps the minister needs reminding that offences under the regulations may also be offences affecting public health under the Penal Code. Section 269 of the Code states that whoever “unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment for a term which may extend to six months or with fine or with both.”
The health minister is rightly mistaken on the law. But he is not when he said that the government loses credibility among the people as it keeps breaking its own Covid-19 SOPs.
“The main thing a government needs during a pandemic is credibility and this government has taken a huge hit,” said Khairy, who is also the Rembau MP.
Now elsewhere, Covid-19 offences continue to be dealt with by having the offenders prosecuted or charged in court.
So while it’s a slap on the wrist here, it’s a sledgehammer blow elsewhere.
Don’t say don’t compare. If the main thing a government needs during a pandemic is credibility, then it needs to compare with government or governments elsewhere.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
