Ngeh: Putrajaya gone cuckoo with penalties on wildlife permits

 

Putrajaya has been criticised for enhancing penalties under the Wildlife Preservation Act 2010, particularly provisions involving licences.

In a statement, Beruas MP Ngeh Koo Ham (above) said the new penalties were "ridiculous" and do not commensurate with the offences committed.

"Experience tells us that overly severe punishments are unjust and will also encourage corruption," said Ngeh.

Putrajaya passed the Wildlife Conservation (Amendment) Bill 2021 on Oct 26, which, among others introduced the following amendments:

Section 17 - Forgetting to bring or not displaying a licence.

Old penalty: Fine up to RM10,000 and/or imprisonment up to six-months.

New penalty: Fine up to RM50,000 and/or imprisonment up to three years.

Section 22 - Failure to return an expired licence within 14 days upon expiry.

Old penalty: Fine up to RM10,000 and/or imprisonment up to six-months.

New penalty: Fine up to RM50,000 and/or imprisonment up to three years.

Section 25A - New section. Mutilating or defacing a licence.

Penalty: Fine of up to RM100,000 or RM200,000 if the offender is a body corporate.

Section 39- Prohibition from removing soil, timber, vegetation, wildlife, egg from a wildlife reserve.

Penalty: [New] Fine of up to RM1 million and/or imprisonment of up to 10 years.

Ngeh, a practising lawyer, said the amendments are too severe and therefore does not follow the principles of criminal law.

As example, he cited the enhanced penalty for failure to return an expired licence.

"An expired licence is a waste paper. How can such a severe punishment be imposed for not returning a waste paper?

"There should never be a necessity to return an expired licence and it should never be made an offence," said Ngeh.

He also sarcastically questioned if Putrajaya regarded a licence as a "holy item" for imposing harsh penalties for defacing such a licence.

Ngeh said he had tried to argue against these amendments in the Dewan Rakyat to no avail and was instead told by Law Minister Takiyuddin Hassan to bring the matter to court.

"He does not seem to understand the basic fundamental functions of Parliament and the courts. Parliament decides if an action is an offence. The courts will decide accordingly.

"If Parliament decides that not returning an expired licence within 14 days from its expiry is an offence, the court has no other option but to make a decision that an offence has been committed," said Ngeh.

The Wildlife Preservation Act 2010 regulates wildlife hunting, operation of zoos and taxidermy, among others. -Mkini