Act 342: MOH to use three-tiered penalty system, based on seriousness of offence

 

COVID-19 | The Health Ministry will use a three-tiered penalty system in issuing compounds against offenders who violate the anti-pandemic procedures.

According to a briefing session by MOH today, the system would be part of a guideline they are preparing, to be implemented when and if their proposed amendments on Act 342 gets passed by the Parliament.

The Prevention and Control of Infectious Diseases Act, or better known as Act 342, currently gives the health director-general the power to impose a maximum of RM1,000 fine against individuals who flout standard operating procedures, such as failure to wear a face mask in a public place.

However, under an amendment that the Health Ministry is proposing to Parliament, an offender may be looking at a maximum fine of RM100,000, or a jail term not exceeding seven years, both.

According to MOH Diseases Control Division head Dr Nurhayati Rusli, before a compound is issued to an offender, the health authority would determine the level of seriousness of their offences.

"There will be a guideline on how to determine the amount of a compound. We will provide this guideline in detail before we start issuing compounds (against offenders).

"It would cover every aspect of offences, how much the compound would be, and how long they have to settle the payment.

"We will make sure assessment is made according to categories between 1, 2 or 3, with Category 1 being an offence that poses the highest risk of spreading a disease or would have a big impact on the community.

"It would be based on risk assessment," she told the briefing session held via Zoom earlier today.

MOH would also take into consideration if an offender committed a first-time violation, or if one is a repeat offender, in deciding the threshold of punishment.

The session was held amid a brouhaha over MOH's plan to amend the law, which would, among others, provide them with the power to mete out compounds that many claimed as excessive.

Based on Norhayati's presentation, MOH is proposing that the maximum amount of compound on individual offenders be increased to RM10,000, while for an organisation, RM1 million.

Examples of such offence is failure to ensure physical distancing, a medical practitioner failing to issue a notice on an outbreak, and activities in premises such as night club or restaurant that violate the Act.

While for a general penalty, MOH is proposing a maximum RM100,000 compound on individuals or a jail term not exceeding seven years, or both.

The general penalty is stipulated only for offences that do not have a specific amount clearly stated as its punishment in the Act.

Examples given by Norhayati of such offences include obstructing any officer empowered by the Act from carrying out their duties, failure to abide by any order issued legitimately by any empowered officer, refraining from providing information that is required by authorities under the Act, and providing false information.

Health director-general Dr Noor Hisham Abdullah told the press that the amounts are only their proposal, and any decision would be in the hands of the lawmakers.

"The amount we suggesting is the maximum amount, but in enforcing the law, we would not outright use the maximum. Maximum is only for repeat offenders and offences that have a high impact of spreading a disease, life-threatening and such.

"For example, the RM10,000 we are proposing, that is the maximum amount. But the list of offences would be put in details in the guideline. Offences like failure to wear a face mask would not go as much as RM10,000.

"This is a proposal. The parliament select committee would discuss it further." - Mkini