Only public prosecutor, not DG, has absolute power to impose Covid-19 penalties

 

An MP had raised a question in the Dewan Rakyat whether the power to issue compound notices for Covid-19 offences was concentrated in the hands of the health DG. (Bernama pic)

KUALA LUMPUR: Only the public prosecutor, not the health director-general (DG), has the absolute power to issue or cancel compound notices issued to offenders who flout Covid-19 SOPs, the Dewan Rakyat was told today.

Deputy health minister Dr Noor Azmi Ghazali said the powers given to the public prosecutors dispel the notion that only the DG has the absolute power to issue or cancel compound notices.

Giving his winding-up speech to the King’s address in the lower house today, Azmi said although Section 25 of the Prevention and Control of Infectious Diseases Act (Act 342) gives the power to the DG or any public officer authorised by him to issue compound notices, the power is not absolute to him.

He said in order to issue a penalty, written authorisation needs to be given by the public prosecutor in the first place.

This rule, according to him is in accordance with Article 145(3) of the Federal Constitution, which stated that the attorney-general may institute, conduct or discontinue any proceedings for an offence, other than proceedings before a shariah court, a native court or a court martial.

“In other words, the public prosecutor has the absolute right and discretion to issue or cancel a compound notice, as well as to initiate charges against the offenders.

“Therefore, there is no dispute over whether the DG has the absolute power to issue compound notices.

“This ensures there is a check-and-balance process to guarantee fairness,” he said.

Pasir Mas MP Ahmad Fadhli Shaari had raised the question on March 1 whether Act 342 should be amended to avoid the power to issue compound notices to be concentrated in the hands of DG, which he said could lead to abuse of power.

He proposed that a council be formed and given the power to decide on the types of compound notices and penalties to be dished out to offenders

Opposition MPs tried to interject when Azmi was speaking but they were told to sit by speaker Azhar Harun as the deputy minister did not allow any interjection. - FMT