Penalty for disobeying police orders increased
KUALA LUMPUR: The Dewan Rakyat yesterday passed the Police (Amendment) Bill 2024, which among others include appointing the Yang diPertuan Agong as the Honorary Commissioner-in-Chief of the Royal Malaysia Police (PDRM) and increasing the penalty for obstructing, opposing or failing to comply with police instructions.
The bill was passed with more votes in favour after 16 Members of Parliament from the government and opposition bloc participated in the debate session.
Deputy Home Minister Datuk Seri Dr Shamsul Anuar Nasarah when winding up the debate on the bill on Thursday said the appointment of the Yang diPertuan Agong as Honourary Commissioner-in-Chief of PDRM involved an amendment to Clause 2 of the Police Act 1967 (Act 344) by inserting a new section 6A.
He said the amendment was made to provide services to the Yang di-Pertuan Agong on PDRM ceremonial matters besides recognising his position as the head of the religion of Islam under Article 32 of the Federal Constitution.
"The proposal to award the rank of PDRM Honourary Commissioner-in-Chief to the Yang di-Pertuan Agong was approved in the 265th meeting of the Conference of Rulers held on Feb 21 and 22, 2024 at Istana Negara," he said.
Commenting on the Rome Statute, he said there was no issue of the Yang di-Pertuan Agong being brought before the International Criminal Court (ICC) on a related case since the power of command and control of the police force as provided for in Act 344 is under the authority of the Inspector-General of Police.
With the passing of the Act, it will see an amendment to Clause 4, which seeks to amend Section 21 of the Police Act, providing for the police to carry out escort duties on any public road.
The Act also stated that any person who obstructs, opposes or fails to comply with police instructions may be fined up to RM10,000 and jailed for up to two years, compared with the previous penalty of RM200 and two months’ jail.
It will also see an increase in the maximum fine from RM1,000 to RM2,000 for anyone who fails to comply with a police order to stop before reaching any barrier erected or placed by any police officer, stipulated under Section 26.
The amendments to Clause 6 involving changes to Section 66, stipulates that any employer who fails to re-employ a reserve police officer would be liable to a maximum fine of RM2,000 and one-year jail, compared with the existing RM1,000 and six months’ imprisonment.
It also provides that any police officer who fails to report for duty for 14 consecutive days without reasonable cause shall be deemed to have deserted the force, and be guilty of an offence under an amendment to Section 86.
The First Schedule to the Act also seeks to delete a reference to senior inspector as the position is no longer used in the ranks of the police force.
Shamsul Anuar said the amendment to the act also involves Clause 3 to amend Section 17 which is to increase the maximum fine from RM100 to RM5,000 for offences related to police officers who have stopped their service but have not returned service equipment such as weapons, ammunition and others.
He said the amendment only applies to officers and police personnel who are on compulsory retirement or have quit the service.
"Since 1967, the provision of fines under this section has never been amended. The fine rate increased from RM100 to RM5,000 is in line with the passage of time even though statistics show no such case has been recorded over the offence, the increase in this matter is to prevent it from happening," he said.
Earlier, the first reading of the amendment was tabled in the Dewan Rakyat by Shamsul Anuar Nasarah on Monday before the second reading yesterday.
The proposal to award the rank of PDRM Honourary Commissioner-in-Chief to the Yang di-Pertuan Agong was approved in the 265th meeting of the Conference of Rulers held on February 21 and 22, 2024 at Istana Negara.
Datuk Seri Dr Shamsul Anuar Nasarah