The Inspector General of Police and the Minister of Defence should be the first persons to be arrested and charged under Emergency (Essential Powers) (No.2) Ordinance 2021 for disseminating fake news with regard to Covid-19 and the Emergency (Prevention and Control of Infectious Diseases) (Amendment) Ordinance 2021. Unless they are arrested and charged, Emergency (Essential Powers) (No.2) Ordinance 2021 should be withdrawn immediately.
The Inspector General of Police (IGP), Tan Sri Abdul Hamid Bador and the Defence Minister, Datuk Seri Ismail Sabri Yaakob should be the first persons to be arrested and charged under Emergency (Essential Powers) (No.2) Ordinance 2021 (hereinafter referred to as ‘EEPO 2021’) which came into effect yesterday for spreading fake news concerning Covid-19 and the Emergency (Prevention and Control of Infectious Diseases) (Amendment) Ordinance 2021 (hereinafter referred to as ‘EO 2021’).
EEPO 2021 should be applied immediately on the IGP and the Defence Minister because they are holding top posts in the government and they are in the forefront dealing with Covid-19 and the enforcement of EO 2021.
Their fake news have wide spread influence and are acted upon by the police officers and persons authorized by them.
Fake News No.1
Prior to the amendment of the Prevention and Control of Infectious Diseases Act 1988 (Act 342) by EO 2021, the IGP and the Defence Minister have spread fake news by announcing and/or giving the impression that the police can arrest and/or issue an offer to compound (summons) for breaches under Act 342 and/or the regulations made thereunder, for example, the Movement Control Orders (MCO) and the Standards Operating Procedures (SOP). The police do not have such power to arrest then because the offences were non-seizable offences. The police also do not have the power to issue the offer to compound under Act 342.
After Act 342 was amended by EO 2021, the Director General of Health and his authorised officers after receiving written consent of the Public Prosecutor may issue an offer to compound for offences under Act 342. The police do not have such power base on the ejusdem generis (same kind) rule of interpretation as to who is authorised to issue an offer to compound under Act 342. Even if we were to interpret that the police can be appointed as authorized officers, they have to get a written consent from the Public Prosecutor before they can issue an offer to compound which I believe they did not do when they issued offers to compound of RM10,000.00 to all the alleged offenders yesterday.
Fake News No.2
On 27/2/2021, the IGP said that the compound of RM10,000.00 effective from 11/3/2021 will only be imposed on individuals who breached the MCO repeatedly as well as those who can trigger the spread of Covid-19. This is clearly a fake news as there is no legal provision to support what he said.
On 11/3/2021, the IGP confirmed what he said on 27/2/2021 was fake news when he said the offer to compound issued by the police has to be RM10,000.00 in all cases. Those unhappy can appeal to the health department at the respective districts for the reduction of the compound.
If the power to determine the final fine to be imposed rests with the health department, clearly the power to compound rests with the health department. Act 342 (as amended by EO 2021) clearly provides that the power to issue an offer to compound rests with the Director General of Health or his authorised officers after a written consent has been obtained from the Public Prosecutor. The IGP indirectly confirms that the police has no power to issue the offer to compound, confirming his Fake News No.1.
I do not support that the IGP and the Defence Minister be arrested and charged under EEPO 2021 but it has become our law since yesterday (12/3/2021).
Dato Ngeh Koo Ham
Since it is the law of the land, it has to be executed. Since the IGP and the Defence Minister have not retracted their fake news, they have committed fake news offences under EEPO 2021. If they are not arrested and charged, the PN Government is clearly practising double standards.
It also confirms that the PN back door unelected government’s intention of introducing EEPO 2021 is to curtail freedom of speech, freedom of the media, and to silence critics against the PN government’s failures in the handling of Covid-19 and using Emergency declaration and laws to stifle democracy in Malaysia.
The IGP and the Defence Minister should consult the Attorney General’s chambers immediately if they have erred in law with regard to the issues I have raised. If the Attorney General can point out that I have erred, I stand corrected. That is how a free and democratic country should function. We must not allow a back door unelected government to silence its opponents in its bid to hold on to power by using draconian emergency powers and laws.
Dated this 13th day of March 2021 (Saturday)
Dato’ Ngeh Koo Ham
Member of Parliament for Beruas
