KUALA LUMPUR, Oct 14 — The Dewan Rakyat today passed the Prevention and Control of Infectious Diseases Act 1988 (Act 342) amendment bill 2024 in a voice vote, despite bipartisan concerns about the bill’s punitive nature.
In debate on the bill last July and earlier today, both government backbenchers and Opposition MPs criticised various provisions, notably the proposed fines and imprisonment terms perceived to be harsh; the use of “force” and tracking devices to enforce isolation or surveillance of individuals suspected to be infected; and the Health director-general’s powers deemed to be too wide and arbitrary.
Suhaizan Kayat (PH-Pulai), who also chairs the Health parliamentary special select committee (PSSC), said the punishments under the proposed Section 31(3) for breaching regulations under the Act are too burdensome.
The new Section 31(3) in the bill provides a maximum fine of RM8,000, imprisonment up to two years, or both for individuals who contravene regulations under Act 342, as well as a fine not exceeding RM50,000, maximum two years’ jail, or both for offences by a body corporate.
“Things change frequently during a pandemic, like what we faced during Covid. People may not know the latest information but are punished for infractions. For low-income earners, RM8,000 is high and can be burdensome,” Suhaizan said during the debate today.
The Amanah lawmaker from Pakatan Harapan (PH) also questioned the new proposed Section 21A that empowers the Health director-general to issue “any directions in any manner, whether generally or specifically, to any person or class of persons to take such measures for the purpose of preventing and controlling any infectious disease.” Contraventions of the DG’s directions are considered an offence.
“I understand the true intent for this provision, but what are the Ministry of Health’s (MOH) guidelines for a DG to prevent abuse of power and double standards?” Suhaizan asked.
Dr Halimah Ali (PN-Kapar) similarly questioned the MOH’s reliance on punishment to enforce compliance, pointing out that health education on infectious disease prevention and control is pertinent.
“We also don’t want abuse of power by enforcement officers. How will the government ensure that the powers that are given, especially with the use of the term ‘force’, aren’t misused?” asked the PAS MP from Perikatan Nasional.
She also noted that the 2024 bill is the fifth attempted amendment of Act 342.
Syahredzan Johan (PH-Bangi) noted that under the proposed revision to Section 24 of the Act, general penalties for offences under the Act were increased to a maximum fine of RM10,000, up to two years’ imprisonment, or both for individuals. In the case of a body corporate, it is liable to a fine not exceeding RM100,000.
“Even though we see good things in this bill, I hope that the MOH will take into account criticisms from various parties, like the Malaysian Medical Association, on how this bill can disproportionately impact vulnerable groups,” said the DAP MP.
The lawyer also pointed out that although punishments in the 2024 bill are lighter than those enforced at the height of the Covid pandemic under emergency ordinances, they’re heavier than previous revisions to the blue bill in the 14th Parliament.
Deputy Health Minister Lukanisman Awang Sauni, during the winding-up of the debate on the Act 342 amendment bill, said the MOH plans to use body cameras for enforcement officers to prevent abuse of power.
“Isolation orders are made carefully based on risk evaluation, taking into account the current infection rate and vaccination status. Such orders are based on technical inputs and discussions with infectious disease and public health experts, as well as experts from other specialties.”
He also denied the punitive nature of the bill, pointing out that Act 342 has not been revised for more than three decades since 1988.
“If the people don’t take this law seriously, it will cause further transmission of infectious diseases, as well as high hospitalisation and death rates. This will increase the burden of disease that must be borne by the government,” Lukanisman told Parliament.
The revised Section 25 of the Act proposes compounds of offences under the Act or its regulations at a maximum RM5,000 for individuals and RM50,000 for a body corporate.
“The actual compound will take into account the seriousness of the offence committed,” Lukanisman said. “These compound rates are to ensure better compliance; they’re not just punitive measures.”
The deputy minister also claimed that punishments for similar offences related to infectious disease are higher in Singapore and New Zealand. “Malaysia has set more reasonable rates of fines than other countries.”
Back when he was an Opposition MP, Health Minister Dzulkefly Ahmad previously described the proposed 2021 amendment to Act 342 as a “cataclysmic failure”.
The Kuala Selangor MP had said stringent guidelines for enforcement were still open for interpretation. “Rather than focus on those guidelines, why not ensure stringent guidelines for basic testing, quarantine, and close contact classification be focused on first?”
