Malaysian Bar, Covid-19, Mohd Khairuddin Aman Razali, Attorney General’S Chambers, Salim Bashir

Malaysian Bar, Covid-19

Covid-19: Exempting minister without reason creates dangerous precedent, says Malaysian Bar

Covid-19: Exempting minister without reason creates dangerous precedent, says Malaysian Bar

22/10/2020 4:31:00 PM

Covid-19 : Exempting minister without reason creates dangerous precedent, says Malaysian Bar

PETALING JAYA: Exempting a minister from Covid-19 preventive measures without justification is arbitrary and creates a dangerous precedent, says Malaysian Bar president Salim Bashir .

(pic)is, in fact, exempted from a quarantine order, the authorities must be able to demonstrate what this exemption is, the absence of which would create a dangerous precedent that is arbitrary in nature," he said in a statement on Thursday (Oct 22)

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Salim said it was crucial that the government provided an explanation as members of the public were required to adhere strictly to standard operating procedures including quarantine orders during the pandemic."The public is entitled to know the reasons for his exemption from a quarantine order.

"It is enshrined in Article 8(1) of the Federal Constitution that 'all persons are equal before the law and entitled to the equal protection of the law'," he added.Salim was responding to the Attorney General’s Chambers recent decision not to charge Khairuddin due to insufficient evidence.

The reason cited for this was that the minister was not given the mandatory Form 14B requiring an Order for Surveillance and Observation (“quarantine order”) as stipulated under section 15(1) of the Prevention and Control of Infectious Diseases Act 1988 (Act 342).

Under section 15(1) of Act 342, it is provided that “an authorised officer may order any contact to undergo observation in such place and for such period as he may think fit, or to undergo surveillance until he may be discharged without danger to the public".

Salim said ever since air traffic into Malaysia was permitted again, the government decided that all individuals entering the country from abroad would be subject to a quarantine order."In light of the severity of the pandemic both at home and abroad, an individual does not only become a person under surveillance (PUS) upon receiving a copy of Form 14B, but even when someone enters Malaysia from abroad," he said.

He said the Health Ministry must give its reason why Form 14B was not provided to Khairuddin, which allowed him to move about freely in public upon his return from Turkey.Khairuddin’s violation of the mandatory 14-day quarantine came to light when it was raised in the Dewan Rakyat on Aug 18 by Seputeh MP Teresa Kok.

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He had returned from what he described as a “semi-working trip” to that country, which included members of his family, on July 7.After the issue was brought to light, the Health Ministry said it had slapped Khairuddin with a RM1,000 fine for breaching the Prevention and Control of Infectious Diseases Act 1998 (Act 342) on Aug 7.

Khairuddin said he would forgo his salary from May to August as an act of remorse for violating the 14-day quarantine ruling.In a statement, where he apologised to all Malaysians, he said he would donate the money to the national Covid-19 fund under the Health Ministry.

Police opened investigations into the case and had recorded statements from 10 people before completing their probe.However, many Malaysians still insisted he should resign, noting that members of the public found guilty of the same breach were jailed and slapped with heftier fines.

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It’s a practice in Malaysia that people cannot question the government or the leaders of the government Kalau tak mampu memerintah, letak jawatan. Nak isytihar darurat buat apa! This govt does not listen to the rakyat. Period. Lets kick them out. Starting with this stupid khairuddin guy. As a minister, he shd know and hv clearly broken the rule, going above board formulated by his own kind, risking lives of others. He should lead by eg, instead he did otherwise. As PM/law makers, you should come down hard on leaders instead to set eg to others, yet he's let go.

No Precedent was set ! This is the NORM in Malaysia. Double standard. Double standard everywhere. Since d said form was not issued, is KKM prepared 2 haul up d personnel/s 4 their failure 2 enforce that responsibility? Not the first time anyway; i.e. thus NOT a precedent but aka “double standard SOP” for Malaysian politicians in power

kena covid please DoubleStandards No worries.. We will do the same can? That person probably bullied/bulldozed his way passed the KKMPutrajaya officer. MuhyiddinYassin has no guts to penalise this crook with his thin majority. This is why all the MPs in PN can rob, cheat, steal & rape but Muhiyiddin will close his eyes but claim he will cane rakyat for breaking SOP! Muhiyiddin was useless when Najib stole - useless as always!

Double standard! ☹️ Why does the bar not question how he & his family were given overseas leave wch was paid by taxpayers during a pandemic? How many others were given such overseas leave? A cab minister must apply to cabinet & Pm b4 leaving the ctry for pvt or official reasons. Double standards in Malaysia. If you are ministers under current government, you can break the rules and you are safe. Stop putting on shows.The police investigation on ministers is wasting taxpayers' money as the wrongdoing ministers won't be prosecuted.Akumenteri

I am surprised the Bar doesn't know that there are two set of laws in this country. One for Ministers and the other for the rest of us Whose Minister is he ? He is surely not mine ... I will surely remember if I voted such a dodgy character Understandable, PM hands are tied. Leadership by example!!! Tak jadi lawyer pun org tau benda ni

This PASPusat fellow bribed his way out. Thanks to the agong who appointed a gang of criminals as his government, Malaysia is now a banana republic.

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