2020-03-25 09:39:19
MADPET：须包括卫部 ·吁设特委会抗疫
（吉隆坡24日讯）大马反对死刑和酷刑组织（MADPET）呼吁政府成立一个特别委员会，而该委员会必须包括卫生部，以对抗国内冠状病毒病（冠病）疫情。
促国安会勿越权处理
该组织在文告中也疾呼国家安全理事会（MKN）不要越权处理对抗疫情的事务，指卫生部才是首要对抗疫情，指导民众的首要部门。
该组织表示，该理事会不应该利用《2016年国家安全理事会法令》来应对这次的疫情。
该组织指，过去几天，该理事会似乎都在做着所有重要的决定及安排，之前由卫生部传来提醒民众的手机短讯，已经由国安会取代。
该组织也质疑首相拿督斯里慕尤丁及部分现任国会议员（前希盟成员）是否忘了在上一届大选承诺将废除这项法令，为何如今还允许国安会动用该法令。
该组织表示，《1988年传染病控制及预防法令》是适合用来应对现今情况的法令，而该法令的负责部门实属卫生部。
反对出动军队
此外，该组织也反对政府发动武装部队，并表示如果没有足够的警察或执法人员来处理状况，还有许多其他选择。例如近年来退休的执法人员、志愿军，各部门没有参与提供“基本服务”的其他公务员。
该组织指，《1988年传染病控制及预防法令》中第五条文指出，警察、海关和移民官员以及其他政府部门和机构的官员应提供任何授权官员可能要求的协助；这当中完全没有提及武装部队，所以该组织强烈反对武装部队参与这次的行动。
因此，该组织再次呼吁废除2016年国家安全理事会法令，并解散根据该法成立的国家安全理事会。
促国安会勿越权处理
该组织在文告中也疾呼国家安全理事会（MKN）不要越权处理对抗疫情的事务，指卫生部才是首要对抗疫情，指导民众的首要部门。
该组织表示，该理事会不应该利用《2016年国家安全理事会法令》来应对这次的疫情。
该组织指，过去几天，该理事会似乎都在做着所有重要的决定及安排，之前由卫生部传来提醒民众的手机短讯，已经由国安会取代。
该组织也质疑首相拿督斯里慕尤丁及部分现任国会议员（前希盟成员）是否忘了在上一届大选承诺将废除这项法令，为何如今还允许国安会动用该法令。
该组织表示，《1988年传染病控制及预防法令》是适合用来应对现今情况的法令，而该法令的负责部门实属卫生部。
反对出动军队
此外，该组织也反对政府发动武装部队，并表示如果没有足够的警察或执法人员来处理状况，还有许多其他选择。例如近年来退休的执法人员、志愿军，各部门没有参与提供“基本服务”的其他公务员。
该组织指，《1988年传染病控制及预防法令》中第五条文指出，警察、海关和移民官员以及其他政府部门和机构的官员应提供任何授权官员可能要求的协助；这当中完全没有提及武装部队，所以该组织强烈反对武装部队参与这次的行动。
因此，该组织再次呼吁废除2016年国家安全理事会法令，并解散根据该法成立的国家安全理事会。
作者 ： 吕韦翰
文章来源 ： 星洲日报 2020-03-25 - Sin Chew, 25/3/2020
文章来源 ： 星洲日报 2020-03-25 - Sin Chew, 25/3/2020
MADPET: Must include the Ministry of Health
hot spot (Kuala Lumpur, 24th) The Malaysian Organization Against Death Penalty and Torture (MADPET) called on the government to set up a special committee, and the committee must include the Ministry of Health to combat the domestic coronavirus (coronal disease) epidemic.
Promote the National Security Council not to handle
In its statement, the organization also urged the National Security Council (MKN) not to exceed its authority to deal with the fight against the epidemic, referring to the Ministry of Health as the primary department to fight the epidemic and guide the people.
The organization stated that the council should not use the 2016 National Security Council Decree to respond to this outbreak.
The organization pointed out that in the past few days, the council seems to be making all important decisions and arrangements.
The mobile phone message sent by the Ministry of Health to remind the public has been replaced by the National Security Council.
The organization also questioned whether Prime Minister Datuk Seri Muyuddin and some current MPs (former members of the Pakatan Harapan) forgot to promise that the decree would be abolished in the last general election, and why the National Security Council is now allowed to use the decree.
The organization stated that the 1988 Infectious Disease Control and Prevention Act is a decree suitable for responding to the current situation, and that the department responsible for the decree is actually the Ministry of Health. Oppose the dispatch of troops
Oppose the dispatch of troops
In addition, the organization also opposed the government's launching of armed forces and stated that if there are not enough police or law enforcement personnel to handle the situation, there are many other options.
For example, law enforcement personnel and volunteers who have retired in recent years, and other civil servants who are not involved in providing "basic services" in various departments.
The organization stated that Article 5 of the Infectious Disease Control and Prevention Act 1988 states that police, customs and immigration officials, and officials of other government departments and agencies should provide any assistance that authorized officials may request; no mention is made of this And the armed forces, so the organization strongly opposes the participation of the armed forces in this operation.
Therefore, the organization once again called for the repeal of the 2016 National Security Council Decree and the dissolution of the National Security Council established under the Act.
Author: Lu Weihan Article Source: Sin Chew Daily 2020-03-25
Special Task Force Maybe, But Not The National Security Council, Under The Draconian NSC Act, To Assist Health Ministry Deal With Covid-19 Situation(MADPET)
Media Statement – 23/3/2020
SPECIAL TASK FORCE MAYBE, BUT NOT THE NATIONAL SECURITY COUNCIL, UNDER
THE DRACONIAN NSC ACT, TO ASSIST HEALTH MINISTRY DEAL WITH COVID-19 SITUATION
MADPET (Malaysians against Death
Penalty and Torture) is perturbed that the Malaysian government may have quietly
and wrongly resorted to using the draconian National Security Council Act 2016(NSC
Act) in this combat to curb and defeat the Covid-19 threat.
In the past few days, the National
Security Council (or Majlis Keselamatan Negara (MKN)) under the NSC Act, seem
to now be making decisions and issuing orders related to the Covid-19 related
issues. The Ministry of Health’s authority may be ousted by the National Security
Council.
The now Prime Minister Muhyiddin
Yassin, and the several Members of Parliament (formerly from PH) may have
forgotten their promises before the last General Elections to abolish, not
repeal, this National Security Council Act 2016(NSC Act).
Phone alerts and messages, previously
seem to have come from the Ministry of Health (MOH) seem to be now coming from
the National Security Council (MKN).
The NSC may be wrongly taking
over power and control from the Ministry of Health, who is really the responsible Ministry under the Prevention And
Control Of Infectious Diseases Act 1988(PACID Act).
Change Minister if Unhappy, but do not take over power of Ministry of
Health
There is no problem for the Prime
Minister, the Malaysian Cabinet or even the Parliament setting up any special
task force or Cabinet Committee, to assists and do the needful to assist the
Ministry of Health but certainly not the National Security Council, formed under
the National Security Council Act 2016(NSC Act).
Ministry of Health is NOT even in the National Security Council
Such a National Security Council which
is very specific about its composition, and does not even include the Ministry
of Health.
The members of the National
Security Council, according to the Act is only the Prime Minister as Chairman,
the Deputy Prime Minister as Deputy Chairman, the Minister charged with the
responsibility for defence, the Minister charged with the responsibility for
home affairs, the Minister charged with the responsibility for communication
and multimedia, the Chief Secretary to the Government, the Chief of Defence
Forces and the Inspector General of Police. The Minister of Health is not in
the National Security Council, and neither is the Director General of Health.
Further, this NSC Act should not even
come into play as this is not a ‘national security’ situation as envisaged or
covered by that NSC Act.
Malaysia already have a law for
this specific situation or concern, and there is no need to resort to any other
Acts including the National Security Council Act(NSC Act).
Prevention And Control Of Infectious Diseases Act 1988(PACID Act) – the applicable
law
At present, Malaysia is
responding to the Covid-19 threat by resorting to that specific Act, that is
meant to deal with this kind of situation, being the Prevention And Control Of Infectious Diseases Act 1988(PACID Act).
Pursuant to this Act, 2 Orders
were issued being Prevention And Control
Of Infectious Diseases (Declaration Of Infected Local Areas) Order 2020(PU(A)
87/2020) and Prevention And Control
Of Infectious Diseases (Measures Within The Infected Local Areas) Regulations
2020(PU(A) 91/2020.
The Ministry responsible under
the Prevention And Control Of Infectious Diseases Act 1988 is reasonably the
Ministry of Health, and as such the Minister of Health. If the Prime Minister
choses, the Prime Minister can have a cabinet reshuffling, remove the current
Minister and appoint a new Minister, or alternatively put himself in charge of
the Health Ministry.
Whilst the first Order(PU(A)
87/2020) declares the whole of Malaysia as being the ‘infected local area, the
second Regulations(PU(A) 91/2020) lays out in detail what are the restrictions
in place, which also includes what businesses/agencies and premises are allowed
to operate during this period, being only those that are providing essential
services, whereby the Schedule provides a detailed list.
For ‘(2) Any
premises not providing essential services may be opened provided that
the owner or occupier of the premises obtains the prior written permission of the Director General and the
Director General may impose any conditions as he thinks fit.’ The schedule
listing ‘essential services’ in item 22 states ‘22. Any services or works
determined by the Minister as essential or critical to public health or safety’
As is most clear, any exemptions
will need the ‘prior written permission of the Director General’, and the Act
is clear that this refers to the Director General of Health.
It is sad that the law is broken
now, when other Ministers or government bodies, possibly without even the ‘written
permission of the Director General’ are seen to be exempting and allowing some
premises that do not clearly fall within the detailed list of ‘essential
services’ to continue operate.
Law Breaking by Other Ministers, Ministries and Government Agencies?
One example of this is when the Plantation
Industries and Commodities Minister Datuk Dr Mohd Khairuddin Aman Razali was
reported saying that workers in the plantation and commodities sector have been
exempted from the Movement Control Order and are allowed to resume their work
activities (Bernama, 19/3/2020). There is a question of whether the Minister
even obtained the required ‘prior written permission of the Director General’,
which should also include conditions.
Likewise, some companies may also
be seeking exemptions from other Ministries and even Ministry of International
Trade and Industry (MITI), which is wrong, as any permission or exemptions must
only be sought from the Director General of Health.
Additional Restrictions Permissible But Not Anything in Violation of
PACID Order/Regulations
Whilst the government, being the Federal
government, State government and the Local Government, may rely on other laws
to impose additional restrictions, they should never do anything that
countermands, undermine or violate the orders/regulations made by the Prevention
And Control Of Infectious Diseases Act 1988.
Use of Armed Forces Wrong and Violation of Law
MADPET opposes the use of the
Malaysian Armed Forces, and state that if there is insufficient police and/or
enforcement officers to deal with the situation, there are so many other options
available like the using of recently retired enforcement officers, voluntary
corps, and all other public servants in Ministries and Departments not involved
in the provision of ‘essential services’.
Section 5 of the PACID Act also
provides that, ‘Police, customs and immigration officers and officers from
other government departments and agencies shall render such assistance as any
authorized officer may request for the purpose of enabling him to exercise the
powers vested in him by this Act or the regulations made under this Act.’ There
is no mention of the armed forces.
Deterrent Sentence Under PACID Act – Prison terms to Directors, Owners –
not Compounds or fines?
The Prevention And Control Of
Infectious Diseases Act 1988 should be used against all violators of this law,
whereby the penalty now is in respect of even a first offence, to imprisonment
for a term not exceeding two years or to fine or to both, and the penalty is
higher for repeat offenders.
For companies that violate the Act,
and continue operating, prosecution shall be taken against all Directors and
owners, not just the Company, and a prison term would be a more effective
deterrent, than mere fines. Fines or compounds against companies, that
continued operating, exposing workers (and their families) to the threat of
Covid-19 may be simply inadequate.
Names of the perpetrators,
especially companies, should be disclosed and not ‘hidden’ so as not to affect
the name and reputation of businesses.
It was reported that an unnamed construction
company was allowed to compound their offence by paying RM50, 000 for violating
the PACID restrictions of not operating during this period, but no action was
taken under the PACID Act. The compound was issued under Section 70 (13) of the
Road, Drainage and Building Act 1974 (Act 133). (Star, 19/3/2020)
Violators of the PACID Act and
Regulations in place to combat Covid-19 must be prosecuted under that law and
not some other law, and compound should not be offered to perpetrators. They
should all be charged and tried in open court.
MADPET reiterates its call for the abolition of the draconian National
Security Council Act 2016; and for the dissolution of the National Security
Council formed under this Act;
MADPET also calls for the setting up of a Cabinet or Parliamentary
Committee, which shall include the Health Ministry, to assist the Health
Ministry implement the orders and restrictions imposed pursuant the Prevention
And Control Of Infectious Diseases Act 1988(PACID Act); and
MADPET urges that human rights be respected and protected at all times.
Charles Hector
For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)
