Proposal to increase fine for violation of Covid SOP draws mixed reactions

PETALING JAYA: A proposal to raise the fine for violating Covid standard operating procedures (SOP) from RM1,000 to RM10,000 has drawn mixed reactions.

Bar Council president Salim Bashir Bhaskara and Seputeh MP Teresa Kok think it is excessive but another lawyer, Kokila Vaani Vadiveloo, says it is reasonable.

Another MP, Datuk Seri Dr Dzulkefly Ahmad, who was health minister in the previous government, prefers to take a middle ground stance, suggesting that the figure be reduced to RM5,000 to make it more reasonable.

Health Director-General Tan Sri Dr Noor Hisham Abdullah said on Tuesday that the proposal has already been submitted to the Dewan Rakyat.

Offenders are currently liable to a maximum compound fine of RM1,000 for failing to observe social distancing or not wearing face masks.

Salim said those who make such proposals must also take into consideration the practical reality, which is the economic hardship that the people are facing as a result of the pandemic.

“The proposal defeats the objective of prevention because violators may be unable to pay the fine. This would cause overcrowding in prisons and may likely heighten the risk of new infections,” he told theSun yesterday.

He suggested that instead of making offenders pay higher fines that will be a burden to them, the public should be educated on the importance of conforming to the SOP.

Kok described the proposal as “extremely harsh on the ordinary people”.

“It will certainly escalate their financial burden, especially during this economic downturn,” she said in a statement yesterday.

She also expressed fears that such high penalties would encourage abuse of power and compound corrupt practices.

“Rather than punish them, educate them on the importance of adopting preventive practices and measures to protect themselves.”

However, Kokila said in order to curb the spread of infections, a RM10,000 fine is reasonable. “The current crisis is unique in its severity and harsh penalties and laws on restrictions are necessary to combat the pandemic.”

Kokila pointed out that in Singapore, flouting the movement control order is punishable with heavy penalties under the Singapore Covid-19 Temporary Measures Bill. First time offenders can be fined up to S$10,000 (RM30,450) and every subsequent offence would be met with a fine of S$20,000 or jailed up to a year, or both.

She said it is best to have the proposal debated in Parliament.

The amount of the fine could be challenged in court and subject to the judge’s discretion based on the facts of each case and mitigating factors.

Dzulkefly said a RM10,000 fine appeared “excessive” for a compoundable offence.

“In my view, it should not be a compoundable offence. The violator should be charged in court,” he said.

However, he added it would be more reasonable to cap the fine at RM5,000. “It will be enough (to serve as) a deterrent but will not be too excessive, especially for those in the lower income group.”

Source: TheSunDaily