PETALING JAYA: The proposed amendments to the Prevention and Control of Infectious Diseases Act 1988 (Act 342) should include clauses in which punishments are imposed according to the magnitude of the offence, says Tan Sri Lee Lam Thye.

       The Alliance for Safe Community chairman said in a statement on Friday (Dec 17) that concerns over the amendment lie in the possibility of arbitrary imposition of the law, and not the provisions themselves.

       "If one does not intend to commit any offence under this Act, any provision should not be a matter of concern.

       "What should be of concern is whether or not such provisions will be arbitrarily imposed.

       "In such cases, the revised legislation should include clauses to mandate punishments according to the severity of the offences," he said.

       Lee added that the concern expressed by certain parties over the proposed hefty fines is understandable given the current economic situation and financial hardship.

       Among the suggestions is that a first-time offender should not be fined more than a certain sum while repeat offenders should face the maximum penalty.

       He also said judges must be given the discretion not to impose any fine or jail sentence in cases of unintended neglect or commission.

       "They must be allowed to temper justice with mercy," he said, citing Internet sensation US Municipal judge Frank Caprio as an example who is well-known for his compassionate verdicts.

       "We are not expecting our law enforcers to emulate him, but as long as they are consistent and impose punishments that fit the crime, then justice will be served, whatever the statute books say," Lee added.

       He also reminded the public that the reasons why laws exist are "to ensure compliance, to punish the offender, to pass a message to others not to commit similar offences, and to show that it doesn’t pay to do so."

       Following public outcry over the proposed hefty fines for standard operating procedure violations, the Health Ministry has lowered the penalties from RM100,000 or seven years’ jail for individuals under Section 24(a) to RM2,000 and two years’ jail.

       The initial maximum RM1mil fine for a corporate body under Section 25(b) has also been lowered to RM500,000.

       The debate in the Dewan Rakyat on the Bill that was initially scheduled for Thursday (Dec 16) has been deferred to Monday (Dec 20).