KUALA LUMPUR: The Malaysian Bar has expressed concerns that a recently passed health law could result in abuses of power and negatively affect vulnerable groups.
Malaysian Bar president Mohamad Ezri Abdul Wahab said legal experts and lawmakers from all sides had criticised provisions imposing heavy penalties and granting sweeping powers to health authorities under the Prevention and Control of Infectious Diseases (Amendment) Act 2024.
"The Amendment Act raises several troubling issues," he said in a two-page statement.
"The lack of clear procedural guidelines for implementing these measures risks enabling abuses of power, underhandedly impacting vulnerable populations, and undermining public trust in health authorities," Mohamad Ezri said.
"Such sweeping powers must be critically examined and curtailed to prevent misuse."
The controversial law was passed by the Dewan Rakyat in October.
Deputy Health Minister Datuk Lukanisman Awang Sauni, however, defended the bill, saying it was important to ensure the country's preparedness to tackle the threat of infectious diseases.
Nevertheless, Mohamad Ezri said the "punitive nature" of the amendment had raised bipartisan concerns among members of Parliament across the political spectrum, including government backbenchers and opposition lawmakers.
"Provisions such as the excessive fines and imprisonment terms under section 31(3) have drawn criticism for their harshness, especially when applied to low-income individuals or corporate bodies," he said.
"The proposed maximum fine of RM8,000 and imprisonment of up to two years for individuals, and a fine of up to RM50,000 for corporate bodies, are disproportionately burdensome."
Equally troubling, Mohamad Ezri said, the Amendment Act grants the Director General of Health the power to issue sweeping directives to individuals or groups for controlling infectious diseases.
"The lack of clear guidelines for such powers raises fears of potential abuse and double standards in enforcement," he said.
"Concerns about the enforcement of these powers, especially the use of force pursuant to section 14A(2) and tracking devices, underscore the need for mechanisms to prevent misuse and ensure accountability."
Mohamad Ezri also highlighted that the new section 14A further compounds these concerns by effectively introducing a form of arrest under the guise of public health measures.
"Section 14A(1) empowers an authorised officer to order any person suspected of being infected to undergo isolation or surveillance for an indeterminate period," Mohamad Ezri said.
"This provision raises significant questions about individual liberty, due process, and proportionality. The powers conferred by section 14A could lead to arbitrary detention without adequate safeguards or judicial oversight."
Mohamad Ezri also criticised the government's failure to educate the public on the issue and engage stakeholders.
"The approach of the Bill contrasts starkly with the necessity of health education in preventing infectious diseases. Punishment alone cannot foster public trust or compliance," he said.
Mohamad Ezri also lamented that the Malaysian Bar was not "effectively consulted during the drafting of this Bill."
"This omission is deeply troubling, as it undermines the democratic process of lawmaking and the principle of informed decision-making," he said.
Mohamad Ezri said the Bill risks prioritising arbitrary authority over justice, equity, and public health.
"Instead of addressing the root causes of infectious disease transmission, the Bill has the potential to create a society where the arbitrary exercise of authority and the fear of disproportionate punishment overshadow the principles of justice, equity, and public health," he said.