MCO: Stiffer penalties and warrant-less arrests under emergency rules

 

People who violate movement control order (MCO) restrictions can expect stiffer penalties beginning March 11, under emergency amendments to the legislation meant to curb the spread of Covid-19.

The amendments to the Prevention and Control of Infectious Diseases Act 1988 (Act 342) has been gazetted today, pursuant to the Yang di-Pertuan Agong’s emergency powers under Article 150(3) of the Federal Constitution.

Among others, the compound for offences under the Act was raised from RM1,000 to RM10,000 for individuals and RM50,000 for corporations.

After the amendment, if a case is brought to court, an offence is liable for a fine of up to RM100,000, imprisonment for up to seven years, or both; unless a different penalty is specifically prescribed for the said offence.

Under the law that is currently in force, a compound may not exceed RM1,000.

Currently, a person convicted under Act 342 would be liable for up to two years’ imprisonment or a fine, or both, upon the first conviction. Subsequent offences would attract a jail term of up to five years, a fine, or both.

No warrants required

Meanwhile, the amendments make it explicit that it is illegal to remove or tamper with “tracing devices”, such as wristbands worn by those who have been infected with Covid-19 or are undergoing quarantine.

Other examples of offences under Act 342 include failing to heed the health ministry director-general’s directions to take measures for preventing the spread of infectious disease, or knowingly exposing other people to an infectious disease.

As for regulations made under Act 342, the amendment stipulates that such regulations may prescribe penalties of up to RM50,000, imprisonment for up to six months, or both.

The current law does not stipulate a limit for penalties under such regulations.

For context, these regulations include those currently being used to give legal effect to the MCO standard operating procedures, including travel restrictions and the prohibition on gatherings.

Moreover, the amendments make every punishable offence under Act 342 a “seizable offence”, meaning no warrant is required for an authorised officer to make an arrest under the law.

The emergency was promulgated on Jan 11 but was only announced the following day. It remains in effect until Aug 1, unless an independent committee advises that it may be withdrawn sooner.

The move came as Malaysia’s healthcare system neared collapse under the burden of rising Covid-19 cases, although critics argued that the emergency is not needed to bring the situation under control and only serves to prop up Prime Minister Muhyiddin Yassin’s government.

Muhyiddin justified that the emergency powers would allow the government to impose stiffer penalties against those who violate SOPs. - Mkini

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