DECEMBER 16 ― Health Minister Khairy Jamaluddin has urged all Members of Parliament (MPs) to support the parliamentary Bill to amend the Prevention and Control of Infectious Diseases Act 1988 (Act 342) as the amendments could strengthen the government’s arsenal in the fight against Covid-19.
“Don’t cripple the Health Ministry”, was the minister’s terse message to MPs.
But the Bill looks crippled ― in an important sense.
The Bill “reincarnates” Part IVA of the annulled Emergency (Prevention and Control of Infectious Diseases) (Amendment) Ordinance 2021 (EO). For ease of reference, Part IVA of the EO is set out in full below:
PART IVA
ENFORCEMENT
21B. Seizable offence
Every offence punishable under this Act shall be a seizable offence.
21C. Power to investigate
An authorised officer shall have all the powers necessary to carry out an investigation under this Act in accordance with the Criminal Procedure Code [Act 593].
21D. Power to furnish information
An authorised officer may require any person to furnish any information relating to the prevention and control of infectious disease.
21E. Power to arrest
(1) An authorised officer who is authorised by the Minister in writing may arrest any person whom he reasonably believes has committed or is attempting to commit an offence under this Act.
(2) For the purposes of subsection (1), the Criminal Procedure Code shall apply.
Part IVA in the Bill reads as follow:
PART IVA
ENFORCEMENT
Power to investigate
21B. Power to investigate
An authorised officer shall have all the powers necessary to carry out an investigation under this Act in accordance with the Criminal Procedure Code [Act 593].
21C. Power to furnish information
An authorised officer may require any person to furnish any information relating to the prevention and control of infectious diseases.
It can be seen that the provision making every offence under Act 342 a seizable offence is left out. A seizable offence is a serious offence. Such provision would send a clear message that every offence under Act 342 is a serious offence. It should be.
An offence affecting public health and the economy is serious. Period.
The power to arrest is also left out. The power to arrest is an important aid to investigation of offences. It looks like there will be power to investigate but no power to arrest.
It is crippling.
Perhaps the minister can explain it in Parliament today.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
