Does the RM10,000 fine truly differentiate between serious and minor SOP breaches?

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The RM10,000 Fine and Discretionary Powers in SOP Breaches

The RM10,000 fine under the Emergency (Prevention and Control of Infectious Diseases) (Amendment) Ordinance 2021 does allow for differentiation between serious and minor standard operating procedure (SOP) breaches, with final compound amounts determined at the discretion of district health officers. While the Ordinance itself stipulated a maximum compound of RM10,000, an increase from the previous RM1,000, clarification from the Inspector-General of Police indicated that the highest penalty would likely be reserved for more egregious violations. This suggests a mechanism exists for proportionality in applying the fines, moving beyond a blanket application of the maximum sum for all infractions.
Maximum Fines Reserved for Serious Offenders

The RM10,000 compound is primarily intended for individuals deemed serious offenders. Examples cited include those who cause new Covid-19 clusters by crossing state lines without permission or owners of entertainment outlets operating illegally. This approach aims to impose the most substantial financial penalty on actions that have a demonstrably high risk of community transmission or disregard for established regulations.
Minor Offences and First-Time Offenders

For minor offences or first-time offenders, there is an avenue to argue their case with district health officers. This process allows individuals to present mitigating circumstances, such as unintentional lapses like forgetting to scan the MySejahtera QR code or not wearing a mask. In such instances, the full RM10,000 fine is not necessarily mandatory, implying that the final compound amount can be adjusted based on the specific context of the breach and the offender's history.
Discretionary Powers of Health Officers

Ultimately, the decision on the final compound amount rests with district health officers, not the police. This discretionary power is crucial in calibrating the fines to be commensurate with the severity of the SOP breach. By granting this authority to health officials, the system allows for a more nuanced application of the penalties, taking into account the specific circumstances of each case rather than a rigid, one-size-fits-all approach.
Legislative Process and Public Discourse

The Emergency Ordinance 2021, which raised the maximum compound fine, has been noted as an example of laws being passed without prior discussion in the Dewan Rakyat. This has led to criticism that such legislation may not adequately consider the implications for the public, particularly regarding the differentiation between unintentional and serious offences. The intention behind policies, it is argued, should be debated and scrutinised in Parliament to ensure fairness and public understanding.

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Does the RM10,000 fine truly differentiate between serious and minor SOP breaches?

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