13/05/2025

TUESDAY | MAY 13, 2025

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Enforce laws fully for maximum impact M ALAYSIA has no shortage of laws to regulate, combat and prevent actions that directly or indirectly cause harm to COMMENT by Chia Chu Hang

In Emir Research’s earlier publication on EIA, we suggested that drones and satellite imaging, coupled with artificial intelligence, could be highly effective tools to help officers analyse changes in land use and identify potential illegal mining or deforestation activities. After all, if we aspire to drive digital transformation in our nation, the public service should be the first major customer of AI, IoT (Internet of Things) and other revolutionary technologies – as unanimously is the case in other successful nations. For regulations that require public cooperation to report violations – such as Act 852 – the Health Ministry should consider diversifying and expanding its official reporting channels, rather than relying solely on WhatsApp. Expanding reporting avenues to include online platforms, or even better, integrating them into the existing MySejahtera application, would make the process more accessible and user friendly. If drivers can lodge reports through the MyJPJ application on their phones, why can’t the Health Ministry leverage its digital tools to achieve more? Incorporating such features into the MySejahtera application could even help deter false complaints. When it comes to traffic law violations, unfortunately, this is not an area where technology alone can help. The real issue lies in weak enforcement and the government’s willingness to offer repeated fine discounts for various reasons. The first step towards improvement is to cease the practice of offering traffic summons discounts and to enforce traffic laws to their fullest extent. Without consistent repercussions, even an upgraded speed monitoring system is highly unlikely to deter speeding. Laws and regulations function as a contract – and when the authorities responsible for enforcement fail to uphold them, those laws risk becoming insignificant or easily ignored, no matter what they stipulate. While some laws may be outdated or impose overly harsh penalties, they must still be enforced consistently until they are properly reviewed and amended. ChiaChu Hang is a research assistant at Emir Research, an independent think-tank focused on strategic policy recommendations based on rigorous research. Comments: letters@thesundaily.com cannot accommodate basic dietary restrictions that stem from deeply held beliefs, perhaps the guest list needs to be reconsidered. Respect works both ways, and I would rather not be invited at all than be invited and made to feel like an outsider. This is not about a free meal; it is about dignity – the fundamental human right to be seen, heard and respected for who I am. In our diversity lies our greatest strength. Let us not let it go to waste, one meal at a time.

others. However outdated some of these laws may be, they still provide much-needed guidance on how matters should be conducted. The subsequent amendments and the introduction of new laws to meet the ever-changing world are often sufficient. That is, if such amendments take place, enforcement is upheld and the law is interpreted to its fullest extent. Unfortunately, more often than not, laws and regulations are seen as mere paper tigers that carry little weight. Case in point: the smuggling of electronic waste into Malaysia and the illegal mining activities targeting forest reserves in Pahang. Despite mining activities being restricted by many regulations, including the Mineral Development Act 1994, and requiring the approval of an Environmental Impact Assessment (EIA), such activities continue to be a growing. Although the import of electronic waste was banned in 2012, around 2.62 million tonnes of such waste have been imported into the country over nearly two decades. This is due to inconsistent enforcement, compounded by corruption at the lower levels of enforcement. The Malaysian Anti-Corruption Commission (MACC) reports that 63.3% of complaints received were related to the public sector. Setting aside the complexity of corruption and how to address it, the enforcement of laws and the implementation of so-called action plans have long been subpar in Malaysia. In an earlier publication, Emir Research highlighted numerous cases where EIA enforcement was flawed, with multiple projects operating for years before any legal action was taken. On top of that, 222 EIA reports were approved by the Kelantan government between 2000 and 2015, averaging 1.2 reports per month, leaving little to no time for proper scrutiny. The enforcement of the Control of Smoking Products for Public Health Act 2024 (Act 852) is another example plagued by implementation issues.

The first step towards improvement is to cease the practice of offering traffic summons discounts and to enforce traffic laws to its fullest extent. – ADIB RAWI YAHYA/THESUN

Act 852 prohibits the sale of smoking products online, yet such products remain widely available for purchase on digital platforms. Furthermore, when the display ban for tobacco and vape products finally came into effect in early April, some retail shops continued to display them openly. There should be no excuses for vendors who violate the law as Parliament passed Act 852 in early 2024, which came into effect on Oct 1, 2024, and enforcement of the display ban and registration requirement for smoking products delayed until April 1, 2025. Yet, Health Minister Dr Dzulkefly Ahmad stated that phased enforcement is ongoing and that in cases of non compliance, the Health Ministry will issue notifications or warning letters to offenders. This is despite the law clearly stating that offenders will be liable to a fine not exceeding RM20,000 or imprisonment of less than a year or both for the first offence – if the offender is not a corporate entity, as stipulated in Act 852.

Unfortunately, the enforcement of Act 852 is not even among the weakest. Despite Malaysia having one of the highest traffic fatality rates in the world, the enforcement of traffic laws can only be described as a bare minimum. Emir Research has previously suggested that frequent discounts on traffic fines, coupled with the lack of follow-up on defaulters, have emboldened offenders to delay payment – hoping for discounts in the future. Transport Minister Anthony Loke mentioned that the Automated Awareness Safety System cameras will be upgraded to a point-to-point monitoring system to prevent speeding drivers from simply slowing down near camera zones. Yet, how effective can the new system be? Without consequences for unpaid fines and with frequent government issued discounts, even catching more offenders speeding is unlikely to make a meaningful difference. The same applies to Act 852, where lax enforcement has allowed many patrons to continue smoking within five feet of eateries, despite the law being introduced in 2019 and further reinforced through Act 852. While it is understandable that some laws and regulations require substantial manpower to enforce, the proper utilisation of technology could help mitigate many of these challenges.

“Laws and regulations

function as a contract and when the authorities responsible for enforcement fail to act accordingly, the laws themselves become insignificant or even entirely ignorable, regardless of

In addition, the display ban will not be fully enforced for another six months, until Oct 1, 2025. If the delay is meant to give businesses time to adjust, wouldn’t the initial 10-month gap between the passing and enforcement of Act 852, combined with the additional six-month grace period, already suffice? Hospitality without sensitivity is not hospitality at all what they stipulate.

considered and perhaps not even deemed important. And that is hurtful. In Malaysia, we are often quick to say “We must be sensitive” to each other’s customs. But sensitivity is more than just a slogan; it is an action. It is about reviewing your guest list and asking, “Could someone here not eat beef or pork or meat?” It is about offering at least one alternative, not because you have to, but because it’s the right and respectful thing to do. Some may say, “It’s just food. Why make a big deal?” But food is never just food. Sharing a meal is a universal act of togetherness. When I am unable to join you at the table because my beliefs were overlooked, the message I receive is clear: I’m present, but not fully welcome. So here is my request: if you are organising an event, please consider all your guests. If you

When beef is the only meat served, I am left with two unappealing choices: either go vegetarian for the day or quietly forgo the meal altogether. While skipping a meal isn’t the end of the world, what I would truly miss is more than just food – I am losing the opportunity to share in a communal moment with others, to sit down at the same table and be part of the same gathering as an equal way. This is not about being picky or demanding special treatment or a customised meal. It is about consideration – the simple courtesy of acknowledging that in a room full of Malaysians, there will likely be diverse dietary needs rooted in religious or cultural beliefs. It is about inclusion, and more deeply, it is about respect. When an event serves only beef, it silently tells me that my beliefs were overlooked, not

COMMENT

by Sheila Ramalingam

MALAYSIA is proudly multiracial, multicultural and multireligious. We often celebrate our unity in diversity, of mutual respect and harmony. Yet, at times, it is in the smallest details that our actions reveal how much further we still have to go. There are some functions that I have attended over the years, where only one type of meat was served: beef. To many, that may seem like a fine and even generous choice. However, for most Hindus, consuming beef is not an option. It is not a matter of preference; it is a matter of faith.

Sheila Ramalingam is the deputy executive director at

Universiti Malaya Centre of Leadership and Professional Development and senior lecturer at the Faculty of Law, Universiti Malaya. Comments: letters@thesundaily.com