DECEMBER 26 — The World Organisation for Animal Health is the intergovernmental organisation responsible for improving animal health and welfare worldwide. Founded in 1924 as the Office International des Epizooties (OIE), the organisation has kept its historical acronym OIE.
OIE is recognised as a reference organisation by the World Trade Organization (WTO) and has a total of 180 Member Countries, including Malaysia.
From November 6-8, 2012, Malaysia hosted the Third OIE Global Conference on Animal Welfare. At the conclusion of the conference, it was recommended, among others, that global improvements in animal health and welfare, being components of economic and social development, must be promoted and that animal health must be a key component of animal welfare.
The conference also welcomed the national initiative of Malaysia for the new animal welfare strategy including legislation — the country having launched the National Animal Welfare Strategic Plan 2012-2020.
Pursuant to, and in support of, the Strategic Plan, Parliament passed the Animal Welfare Act 2015 (Act 772) in June 2015. It is an Act to provide for the establishment of the Animal Welfare Board, to set out the functions of the Board, to promote the welfare and responsible ownership of animals, and for related matters.
The Act came into force on July 1, 2017 vide PU(B) 329/2017. It is in nine parts (Parts I-IX), with Part V on Cruelty to Animals. Section 29 enumerates 21 acts of cruelty constituting offences under the Act.
Any person who commits an offence of cruelty to animals shall, on conviction, be liable to a fine of not less than RM20,000 and not more than RM100,000 or to imprisonment for a term not more than 3 years or to both.
The offence is therefore a non-seizable offence under the Third Column of the First Schedule of the Criminal Procedure Code (CPC).
Police investigation of a non-seizable offence is governed by Section 108 of CPC.
First, the police officer in charge of a police station (OCPS) shall refer the informant of information relating to the commission of a non-seizable offence to a Magistrate.
Second, no police officer shall investigate a non-seizable offence without an order to investigate (OTI) from the Public Prosecutor or his alter ego, Deputy Public Prosecutor.
Third, only a police officer the rank of Sergeant and above or an OCPS may exercise the powers of investigation under the CPC, except the power to arrest without warrant. This means any arrest must be with warrant.
The above informs us that the powers to investigate any alleged offence, including cruelty to animals, must be exercised according to law.
Investigations always have to be conducted in accordance with law. So, when the police said they have launched an investigation into the deaths of three cats at Universiti Malaya (UM) it must be in accordance with law.
Everyone is subject to the law. This includes the police.
*This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
