KUALA LUMPUR – The Pakatan Harapan law committee has raised concerns about double standards and heavy penalties linked to the enforcement of Covid-19 standard operating procedures, as well as “unfair” warnings via the Hotspot Identification by Dynamic Engagement (HIDE) system.
In a statement, the committee highlighted:
- The constantly changing conditions and different SOPs issued from time to time, which cause confusion and are not uniformly enforced;
- Very heavy punishment for violation of the said SOPs in the form of substantial fines, from RM10,000 for individuals to RM50,000 for corporations, and imprisonment, which is disproportionate to the objectives and nature of the said SOPs; and,
- The recent warnings in HIDE are unfair and unreasonable to business owners and malls.
Issued by Ramkarpal Singh (Bukit Gelugor MP), Mohamed Hanipa Maidin (Sepang) and William Leong (Selayang), the statement said although the pandemic requires urgent and drastic measures, it should not be made an excuse to override the rule of law and the fundamental rights guaranteed by the federal constitution.
“Due to the serious consequences of non-compliance with the said SOPs and directives, the committee calls on the government to review the said SOPs and conditions to ensure that they comply with the rule of law and the legal requirement of certainty, which must be easily accessible to the public, intelligible, clear and fair.
“Clear and concise SOPs that are uniformly enforced are essential, and the committee will strive to ensure that the same is achieved, particularly in view of the recent announcement of a nationwide total lockdown.”
They said the committee will undertake close scrutiny of the enactments, regulations, orders and directives under the Emergency (Essential Powers) Ordinance 2021, Emergency (Essential Powers) (No. 2) Ordinance 2021, and Prevention and Control of Infectious Diseases Act 1988.
“Such monitoring and scrutiny is important in view of the fact that the normal checks and balances provided by Parliament to the executive are currently suspended due to the prorogation of Parliament under the said ordinance.
“The rule of law must apply even during times of a public health emergency, as much as it applies to the use of executive powers in ordinary times.
“The principles that form the foundation of the rule of law – among others, legality, legal certainty, accountability, access to justice, equality before the law, proportionality and reasonableness – apply equally to the measures taken by the executive to deal with the pandemic.”
The measures taken by the Perikatan Nasional government have raised questions as to their legality, particularly those that induce uncertainty and whose enforcement depends merely on the discretion of police or health officers, they added. – The Vibes, June 1, 2021
