The Malaysian Bar has urged the health minister to issue a fresh directive for police to act against those who violate the movement control order (MCO).
(BRIEF CAPTION) Police checking driver document during conducting roadbloks on the 22nd day of Movement Control Oder (MCO) in Teluk Bahang. Pic by: ZHAFARAN NASIB/The Star/ 8 April 2020
“We are of the view that all directives must be gazetted to provide legitimacy to any enforcement,” Bar president Salim Bashir told FMT.
The initial phase of the MCO was announced on March 18. The order was later extended from April 1 to 14, and most recently from April 15 to 28.
Those who contravene the regulations are considered to have committed an offence. On conviction, they are liable to a fine not exceeding RM1,000, imprisonment of not more than six months, or both.
Lawyer N Sivananathan said without a new federal gazette, it would appear that there had been no MCO since April 1.
“Theoretically, if this is the case, any summons issued or arrest by the police for violating the MCO under the regulations has no legal basis,” he added.
He also said the minister could not backdate the regulations as this cannot be done to enforce a criminal law.
In response to FMT’s query, Attorney-General Idrus Harun said the matter was being looked into.