Looking to challenge Covid-related laws? Appeal to district health officer or in court, say cops

KUALA LUMPUR, Nov 12 — Federal police today said that there are two options for those who are looking to dispute or challenge the Prevention and Control of Infectious Diseases Act 1988 or Act 342, used to enforce Covid-19 standard operating procedures (SOPs).

Bukit Aman Criminal Investigation Department deputy director DCP Datuk Mior Faridalathrash Wahid when contacted said one feels he or she has not violated any laws but was still issued the RM1,000 compound, one can make an appeal or dispute one’s case in court.

In explaining the procedure to challenge a compound notice, Mior told Malay Mail that after an individual is issued with a compound, they can pay their fine at the nearest district health office as stated in the compound notice.

"Usually the violator is given two weeks time to pay the fine, but if they feel that they have not committed any offence at all under the Act 342 or any rules and SOPs highlighted in the Act, the person can write an appeal letter to the district health officer to cancel their compound.

“The second option would be for the individual to attend court on the day set and request for the case to be heard in front of a Judge or Magistrate,” he told Malay Mail.

On Monday, there was confusion following a report quoting the police as saying that anyone filling fuel at petrol stations had to scan the MySejahtera app.

This was regardless of whether the individual entered the station’s convenience store or otherwise.

The police’s comments came after a viral audio clip of a man who alleged that his father was slapped with an RM1,000 fine because he did not scan the MySejahtera app when refueling his vehicle made its way into social media.

In response, Senior Minister Datuk Seri Ismail Sabri Yaakob the following day clarified that there is no need to scan the MySejahtera app when filling up fuel or making payments at the pump when at petrol stations.

However, he said this only applied to those who made electronic payments at the pump.

Ismail Sabri said those going into the convenience stores, surau or other facilities at the petrol stations would have to scan the MySejahtera app or register their details.

Following the controversy, many social media users asked for clarification on how they can dispute a compound notice issued for violating Covid-19 SOP.

Under the Prevention and Control of Infectious Diseases Act 1988, any person who contravenes the Regulations will be considered to have committed an offence and shall, on conviction, be liable to a fine not exceeding RM1,000 or to imprisonment for a term not exceeding six months or to both.

In August, the Ministry of Health had proposed that the government increase the fine for compoundable offences under Act 342 (Prevention and Control of Infectious Diseases Act 1988) from the current RM1,000 to RM10,000.