Act 342’s new penalty limits: Can a tier system prevent Malaysians from being punished disproportionately or excessively? | Malay Mail

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Act 342’s new penalty limits: Can a tier system prevent Malaysians from being punished disproportionately or excessively?

KUALA LUMPUR, Dec 16 — The Health Ministry is pushing to amend the Prevention and Control of Infectious Diseases Act to increase, among others, the current maximum RM1,000 compound payment rate to RM10,000 for individuals and RM500,000 for companies.

Dr Kelvin Yii, who is the chairman of the Dewan Rakyat’s special select committee on health, science and innovation, acknowledged that Act 342 must be amended to adapt to the current pandemic situation in terms of control of infectious diseases. “So I believe it shouldn’t be left too vague and openly interpreted by the enforcers, which opens to abuse and even possible corruption, but all this must be defined clearly — what act / what offence will constitute what sum of fines,” Dr Yii said.

“The maximum amounts are definitely excessive, I feel that in order for better compliance, the frontline approach is still better education and better awareness. Human Rights Committee co-chair New Sin Yew speaks at the High Commission of the Republic of Singapore in Kuala Lumpur November 2, 2021. — Picture by Miera ZulyanaLawyer New Sin Yew expressed concern over how the proposed Act 342 changes do not appear to clearly specify the severity of breaches, as they do not include a “scale” or range of punishment based on severity of offences.

“Perhaps it would be useful to include a scale and mitigating factors as guidance to the authorities,” he said when asked if factors like income levels of the offenders should be taken into account. Lawyer Andrew Khoo said the proposed penalties are not excessive per se or by itself, but stressed the need for the penalties meted out to be proportionate to the offence or the damage and harm caused.

“Obviously the effect of a fine of RM10,000 to a person on minimum wage is different from that of a millionaire. One hopes that the guidelines mentioned by the honorable minister would take this into account.”

 

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