Emergency powers: Stiffer penalties mooted for companies' SOP violations

 

EMERGENCY | Senior Minister (Defence Cluster) Ismail Sabri Yaakob said emergency powers may be invoked to impose stiffer penalties on companies that violate the government’s standard operating procedures for preventing the spread of Covid-19.

He touted this as an “advantage” of proclaiming the state of emergency, saying that the normal legislative process of amending the relevant laws would take a long time.

“We have often heard public comments and suggestions that we agree with but could not resolve. For example, fines that are too low – not for individuals but for companies...

“With the proclamation of emergency, we can enact ordinances and determine the quantum to be imposed on those who violate the SOP,” Ismail Sabri told a press conference from his Kuala Lumpur office today.

As examples, he said, many have complained that the RM1,000 fine imposed on factories that violate SOPs is too lenient, and large companies would have no issues paying the fine.

He claimed that nightclub owners could even afford to pay the RM1,000 fine daily with the profits they reap, as enforcers arrest hundreds of their patrons each day.

“Perhaps after this, we will impose a large fine or make changes in terms of jail and so on. Perhaps this would curb blatant violations of the SOPs issued by the government,” Ismail Sabri said.

For the record, the SOPs are implemented through the regulations enacted under the Prevention and Control of Infectious Diseases Act 1988.

It allows a maximum penalty of a fine up to RM1,000, up to six months’ imprisonment, or both.

Where the violator is a company, the penalties may be imposed on its office bearers instead, such as the director, manager, compliance officer and others.

Earlier today, it was announced that the Yang di-Pertuan Agong has assented to a proclamation of emergency due to the country’s Covid-19 situation.

However, critics alleged that the move was not necessary to curb the spread of Covid-19, and the state of emergency was merely a bid by Prime Minister Muhyiddin Yassin to cling onto power.

Law enforcement led by police

Meanwhile, Ismail reiterated Muhyiddin’s statement this morning that emergency powers could be invoked to grant Armed Forces personnel with powers of arrest similar to the police.

However, even with those powers, he said law enforcement efforts, including roadblocks, would still be led by the police and assisted by military personnel.

This is except for roadblocks and other operations that are part of Ops Benteng, which is intended to prevent undocumented migrants from entering the country.

Under present laws, Ismail said military personnel could only make ‘citizen arrests’ and have to wait for the police to come and take custody of the suspects.

Apart from using emergency ordinances for law enforcement, Muhyiddin had said earlier that it could be used to compel private healthcare facilities to help the government’s efforts to tackle Covid-19.

It could also be used to impose heavier penalties for “economic sabotage”, drastic price hikes, and economic monopoly. - Mkini