How will authorities distinguish between intentional and accidental Covid-19 SOP violations?

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Authorities Will Distinguish Between Intentional and Accidental Covid-19 SOP Violations Based on Offence Severity

Authorities will differentiate between intentional and accidental violations of Covid-19 standard operating procedures (SOPs) by considering the severity of the offence, with the final compound amount subject to the discretion of district health officers. While the amended Emergency Ordinance 2021 allows for compounds up to RM10,000 for SOP breaches, this maximum penalty is intended for serious offenders. First-time offenders or those committing minor infractions may have the opportunity to present their case and potentially avoid the full fine.
Severity of Offence Determines Compound Amount

The amended Emergency (Prevention and Control of Infectious Diseases) Ordinance 2021 introduced a tenfold increase in the maximum compoundable fine for SOP breaches, raising it from RM1,000 to RM10,000. However, this substantial increase is not uniformly applied. Inspector-General of Police Tan Sri Abdul Hamid Bador clarified that the RM10,000 fine is primarily targeted at individuals or entities committing serious offences. Examples of such serious violations include crossing state lines without permission, which subsequently leads to the formation of new Covid-19 clusters, or the operation of illegal entertainment outlets.
Minor Infractions May Not Incur Maximum Fine

For minor offences, such as forgetting to scan a MySejahtera QR code or failing to wear a face mask, individuals may not be compelled to pay the full RM10,000 compound. As explained by the Inspector-General of Police, first-time offenders or those found in breach of less serious regulations have recourse. They can engage with district health officers to present their circumstances and argue their case. This provision allows for a degree of flexibility in applying the ordinance to less severe breaches.
District Health Officers Hold Discretionary Power

Ultimately, the decision on the final compound amount rests with district health officers, not the police. While the police may issue a compound notice, the authority to determine the exact sum to be paid lies with the health authorities. This discretion allows for a nuanced approach to enforcement, enabling officers to assess individual situations and apply penalties that are commensurate with the nature and impact of the SOP violation. The process aims to ensure that penalties are fair and proportionate to the offence committed.

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How will authorities distinguish between intentional and accidental Covid-19 SOP violations?

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