3-day Covid-19 rule for ministers illegal, say lawyers
Health minister Dr Adham Baba cannot give preferential treatment to himself and his Cabinet by way of an order, says lawyer Muhammad Rafique Rashid Ali.
PETALING JAYA: A government gazette allowing Cabinet ministers to have only a three-day observation upon their return from official business overseas is discriminatory and unconstitutional, according to lawyers.
“The gazette violates Article 8 of the Federal Constitution as all persons are equal before the law and entitled to equal protection,” lawyer Jadadish Chandra said.
He said the Covid-19 virus did not discriminate between ministers and ordinary people.
Jadadish was responding to an order signed by health minister Dr Adham Baba that says ministers who return from any official visit abroad are now required to undergo observation for only three days or undergo surveillance until they can be discharged without danger to the public.
Ordinary Malaysians have to undergo a compulsory 10-day quarantine.
The new rule is contained in a ministerial order which will be in force from today until Aug 1. It was published in the Government Gazette yesterday under the Prevention and Control of Infectious Diseases Act.
The order exempts ministers returning from abroad from being subject to surveillance or observation orders issued by health officials under Section 15 of the Act, and instead imposes the three-day observation rule.
It comes six months after controversy arose when it was revealed that plantation industries and commodities minister Khairuddin Aman Razali did not undergo a mandatory 14-day home quarantine as required at the time.
“The gazette violates Article 8 of the Federal Constitution as all persons are equal before the law and entitled to equal protection,” lawyer Jadadish Chandra said.
He said the Covid-19 virus did not discriminate between ministers and ordinary people.
Jadadish was responding to an order signed by health minister Dr Adham Baba that says ministers who return from any official visit abroad are now required to undergo observation for only three days or undergo surveillance until they can be discharged without danger to the public.
Ordinary Malaysians have to undergo a compulsory 10-day quarantine.
The new rule is contained in a ministerial order which will be in force from today until Aug 1. It was published in the Government Gazette yesterday under the Prevention and Control of Infectious Diseases Act.
The order exempts ministers returning from abroad from being subject to surveillance or observation orders issued by health officials under Section 15 of the Act, and instead imposes the three-day observation rule.
It comes six months after controversy arose when it was revealed that plantation industries and commodities minister Khairuddin Aman Razali did not undergo a mandatory 14-day home quarantine as required at the time.
Not only violated quarantine requirements, just look at the way he wore his face mask
The quarantine period was shortened to 10 days last month.
Lawyer Syed Iskandar Syed Jaafar al-Mahdzar said the order was irrational, disproportionate and tainted with bias because Adham was favouring his Cabinet colleagues.
“The order can be challenged by way of declaration as it is illegal,” he said, adding that Adham should withdraw it before it caused further embarrassment to the government.
Lawyer Muhammad Rafique Rashid Ali said Adham’s decision smacked of double standards because he appeared to be safeguarding the interests of a select few.
“He cannot give preferential treatment to himself and his Cabinet by way of an order,” he said.
Lawyer Syed Iskandar Syed Jaafar al-Mahdzar said the order was irrational, disproportionate and tainted with bias because Adham was favouring his Cabinet colleagues.
“The order can be challenged by way of declaration as it is illegal,” he said, adding that Adham should withdraw it before it caused further embarrassment to the government.
Lawyer Muhammad Rafique Rashid Ali said Adham’s decision smacked of double standards because he appeared to be safeguarding the interests of a select few.
“He cannot give preferential treatment to himself and his Cabinet by way of an order,” he said.
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kt notes:
What other ministerial exemptions can we expect next from the Muhyddin government?
No need to wear face mask, as exemplified by minister Khairuddin Aman Razali?
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Ministers should not be given preferential treatment through reduced mandatory quarantine period — Salim Bashir
FEB 9 — It was recently reported that ministers returning from official duties abroad are exempted from section 15 of the Prevention and Control of Infectious Diseases Act 1988 (Act 342) (“PCIDA”). Under a federal gazette known as the Prevention and Control of Infectious Diseases (Exemption) Order 2021 (P.U. (A) 46) which was signed by the Minister of Health, YB Dato’ Sri Dr Adham Baba, and which comes into force from today (9 February 2021) until 1 August 2021, ministers who return from any overseas official visit shall undergo observation for three days, or undergo surveillance until he or she is discharged without danger to the public.
It is a well-known fact that the incubation period of the Covid-19 virus can last up to 14 days, although most symptoms are detected within the first week of quarantine. During this period, infected persons can be contagious and can still pose a threat to public health and safety. Under the current laws, Malaysia enforces a 10-day mandatory quarantine requirement for those who travel by flight, both domestically and internationally.
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Health Minister Datuk Seri Dr Adham Baba announced the shortened period for ministers' travel isolation yesterday. — Picture by Miera Zulyana
The Malaysian Bar urges the Ministry of Health to reconsider this order that clearly sets a different standard for ministers. The public is entitled to know the rationale or scientific explanation for such an exemption, since members of the public are required to adhere strictly to the mandatory quarantine requirements and standard operating procedures during the pandemic.
The Government gazette violates one’s constitutional right of equality under the law. Article 8(1) of the Federal Constitution stipulates that “all persons are equal before the law and are entitled to equal protection of the law.” The rule of law demands equality for all citizens, and all of us must abide by the same set of laws.
Ministers should therefore demonstrate exemplary behaviour, especially since the number of Covid-19 cases has been rising steeply in the past few weeks. The virus does not see the difference between ordinary citizens and ministers, and as a country, we must be united in the battle against the pandemic. There is no room for special treatment if we want our lives to return to normal.
The Government gazette violates one’s constitutional right of equality under the law. Article 8(1) of the Federal Constitution stipulates that “all persons are equal before the law and are entitled to equal protection of the law.” The rule of law demands equality for all citizens, and all of us must abide by the same set of laws.
Ministers should therefore demonstrate exemplary behaviour, especially since the number of Covid-19 cases has been rising steeply in the past few weeks. The virus does not see the difference between ordinary citizens and ministers, and as a country, we must be united in the battle against the pandemic. There is no room for special treatment if we want our lives to return to normal.
preferential treatment is not in our consti meh? what this lawyers r mumbling abt?
ReplyDeleteThere is a State of Emergency declared by the Agong. No end date.
ReplyDeleteThe Government effectively rules by decree, has the power to make amendments to laws without need for Parliament.
Kalau nak pakai Article 8, Cina atau India boleh jadi PM. Apa pasal kita semua cakap tak boleh, munasabah. Hanya Melayu-Islam saja boleh.
ReplyDeleteYang di-minta hanya DPM...ha ha ha....logik pusing pusing kelapa.
This is Ah-Long Sue Tan Approved Darurat Emergency FAM Bolasepak Kerajaan Bangsat Pintu belakang Pariah Katan Team Muhyiddin UMNO PAS BERSATU PEJUANG PBB GPS BN BANGSAT NEGARA ... dan KATA PRESTASI KERAJAAN Darurat SUNGGUH murni Hebat...What do yo expect for the Ah Long that Have oversaw the malaysial soccer Collapse....We want to Wish them Away ...but nothing of that Sort will happen..SO WE JUST HAVE TO WEAPONISE AND USE THE INSECT DRONES AND POLLUTE THEIR Palace and Mega Mansion With DROPLETS AND COVID 20 21 Mutated Virus and UNLEASHED THEM..>SPIT AT THEIR HOME, PREMISE,,,and HOPE THEY ALL DIE SOON!!.>>Either way MalaySial Is DOOMED and Leaving islam and 13 New nation is the ONLY Hope!!!...Enjoy the Suffering and a matter of time PEOPLE WILL TAKE TO THE STREETS COVID MC OR NOT.....the Ah Long and sue tan better Beware.....the coming MOB Anger will be at their door steps with no ESCAPE!!
ReplyDelete