PETALING JAYA: Fairness in law enforcement and dispensing of penalties have been cited as important factors in addressing violations of the standard operating procedures (SOP) to curb the spread of Covid-19.
More pertinent than the severity of the penalty is fairness, said a social activist and members of the business community.
Alliance for Safe Community chairman Tan Sri Lee Lam Thye said the government should ensure that there is no discrimination or double standards when imposing penalties for such violations.
He was commenting on a decision by the government to decrease fines for companies and individuals despite having proposed a significant increase earlier.
Earlier this week, the Health Ministry tabled a Bill to amend the Prevention and Control of Infectious Diseases Act 1988 to raise the fine for such violations to RM1 million for businesses and RM10,000 for individuals.
In response to widespread protests, the quantum of the fines were then lowered to RM500,000 for businesses and RM1,000 for individuals.
Apart from the drastic increase in the penalty, there have also been complaints of VIPs getting away with minimum fines while ordinary people have had to pay huge fines.
“No one is above the law, and (the expression) ‘justice is blind’, should apply equally to those who go against the law, especially at times like this,” Lee said, adding that he supports the proposal to enhance the penalty because low fines have failed to curb such violations.
“Errant companies, especially, are not hurt by such small penalties.”
He proposed the penalties be revised to strike a balance between the need to preserve livelihood and ensure health.
“It is important to ensure that people and businesses are not severely burdened by hefty fines. Otherwise, efforts to stimulate the economy would be significantly jeopardised,” he added.
Small and Medium Enterprises Association secretary-general Yeoh Seng Hooi also stressed on the need for fair enforcement of the law.
He pointed out that while a heavy fine would serve as a deterrent to repeat offenders, excessively high penalties could also hurt businesses, particularly small and medium enterprises (SME).
“We must ensure that owners of SME do not live in fear (of being punished with such heavy fines) when they should be focusing on running the business.”
Yeoh said the penalties should not be so severe that it hampers their progress.
He also said that awareness and education would be the way to remind people about the consequences of violating the SOP.
Federation of Malaysian Manufacturers president Tan Sri Soh Thian Lai said a fine of RM500,000 was still too high.
“The Bill should be withdrawn and the government should consult with more stakeholders to reach a win-win situation on this matter.”
Soh raised concerns of entrepreneurs over a lack of consistency in the execution and interpretation of the law by different authorities.
Under the proposed amendment, local enforcement agencies will be authorised to impose fines on violators. However, many feel that enforcement officers could sometimes be overzealous, thereby leaving no room for moderation.
Source : https://www.thesundaily.my/home/p4-lead-dec-17-fair-JF8667290