SOMETHING really funny happened the other day. I read in the news that some 20,000 or so people were arrested for violating the movement-control order (MCO). 

The next morning, it was announced that golf was allowed amid the MCO. Go figure.

I think it is fair to say that the attorney-general had literally wasted everyone’s time in prosecutions under the MCO regulations. 

To go further, the attorney-general should (in future, if there are further lockdowns), stop interfering with the director-general of health’s power to issue compound notices.

The reason for this is very simple. 

Back in 1994, a regulation under the Prevention and Control of Infectious Diseases Act 1988 (Act 342) was made by the then health minister. It was called P.U(A) 327/93.

This is a regulation that lists all compoundable offences under Act 342. The list of compoundable offences are stated in the First Schedule. 

Regulation 2 of P.U(A) 337/93 states the offence in the First Schedule are prescribed as offences, which may be compounded in accordance with Section 25 of the Act by the Director-General or any public officer authorised in writing by him.

Regulation 4 of P.U(A) 327/93 states that an offer to compound may be made at any time after the offence has been committed but before any prosecution for it has been instituted.  

In other words, it is discretionary on the part of the health D-G or the police to offer compounds for offences listed in the First Schedule. 

Over the years, this list in the First Schedule grew. Then came Covid-19 and the MCO regulations. 

For every phase of the MCO, there are two types of regulations made by the current health minister.

One is the MCO regulations itself, which essentially states what needs to be done and what cannot be done. The latest for phase 4 was P.U(A) 133/2020.

The second type of regulations are the amendment regulations to P.U(A) 327/93. These are amendments to add all offences in the MCO regulations as compoundable offences in the First Schedule of P.U(A) 327/93. The latest for phase 4 was P.U(A) 134/2020.

So, it is plain for everyone to see that ALL offences under the MCO regulations are compoundable offences.

And it has been made abundantly clear that the health D-G or policemen authorised in writing by him have the discretion to compound ALL offences under the MCO regulations. 

However, for some strange and unknown reason, the A-G had interfered and taken away this discretionary power of the health D-G to issue compound notices.

This is a blatant interference by the A-G, with the subsidiary legislative discretion granted to the health D-G and the policemen authorised in writing by him.

I wonder, if anyone has been aggrieved by this interference, may have a cause of action in law against the A-G for the damages suffered. – May 2, 2020.

* Puthan Perumal reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.