Written by: Averroes
(1.0) Introduction
Some may have heard about MAQIS, but no one asks how is MAQIS?
Pun intended, but generally MAQIS stands for the Malaysian Quarantine and Inspection Services. They are a statutory body under the 2011 MAQIS Act (the Act). They have a Director General and a Deputy Director General of Quarantine and Inspection.
Among their function is to enforce all written laws related as to ensure that plants, animals, carcasses, fish, agricultural produce, soils, microorganisms and food which are imported and exported out of Malaysia complies with health aspects of humans, animals, plants, fish and consumption.
Apart from those positions, MAQIS themselves also issue permits, licenses and certificates for imports and exports. They also establish and quarantine stations, participate in inspection of certification of premises of the exporting country, as well as an advisory and recommendation body to bodies related to import and export.
(1.1) Case law and difference between MAQIS and the Royal Customs Department
In the case of Holsten Marketing (M) Sdn Bhd & Ors v Public Prosecutor [2017] MLJU 983, the appellants were charged before the Magistrate Court under the MAQIS Act 2011, for importing and attempting to export frozen buffalo carcasses without a permit under the Act.
The offence is under section 11(1), while they would be punished under section 11(3) of the Act. If they are found guilty, they would fined not exceeding RM100,000 or imprisoned not more than 6 years or both for first time offence.
It was held that, the frozen carcasses were for 'transit' purposes, not for export or import or even for local consumption. The witness, an officer from MAQIS confirmed that goods in transit do not require an import or export permit.
In reality, it was the Royal Customs Department had the authority to determine whether those goods are in transit or not. According to the Penolong Pengarah Kastam, goods in transit had to conform to Form K8 of the Customs Act 1967.
This is consistent with section 2(1) of the Customs Act 1967, that "goods in transit" is defined as;
"means taken or sent from any country and brought into Malaysia by land, sea or air (whether or not landed or transhipped in Malaysia) for the sole purpose of being carried to another country either by the same or another conveyance."
Moreover, the goods are under their jurisdiction, since it was in the licensed warehouse in Pasir Gudang under section 63 and 65 of the Customs Act. Overall, the court found the frozen buffalo carcasses to be in transit, despite prosecution trying to argue it is deemed to be imported or exported as under section 7 of the Free Zones Act 1990.
(2.0) Scandals
(2.1) Kangaroo Meat
Some time ago, there was an expose of activities by syndicates, smuggling non-certified meat into Malaysia. Even worse, they framed these smuggled meat as halal with bogus stickers or markings!
Sadly, this impasse had been ongoing for more than 40 years, their intricate smuggling system has built a concrete foundation and it would be elusive to tackle, especially due to corruption.
These meat are not only confined to beef, but also horse meat and kangaroo meat. Upon entry into Malaysia, they are mixed with other certified halal beef in several warehouses in Malaysia as an illusion, before deluding oblivious consumers to purchase them.
To make matters worse, those meat are from animals of low quality, they might even been contaminated with god knows what diseases, which explains their low price. They sell these ridiculously low priced meat with momentous profit.
Therefore, they are able to cheat the tax system and strict procedures in certifying the halal status. These meat came from abroad, at least three times a weak. Many containers which carried these illegal meat originated from Port Klang, Northport and Westport.
They arrived at the ports from countries with halal accreditations not recognised by Malaysian authorities. Among them would be Canada, Colombia, Ukraine, Uruguay, Spain, Mexico, Bolivia, Paraguay, Hong Kong and China.
The only halal-accredited countries by the Veterinary Services Department and the Islamic Development Malaysia (JAKIM) are Australia, Argentina, Brazil, India, South Africa, Pakistan, Japan, New Zealand and the United States.
Strangely, these meat were still able to breach or bypass checks when they arrived at the ports. This is because, corrupted government officers were willing to receive bribes of RM150-3,000 to conceal the illegal plot.
(2.2) Bonsai Scandal
Another incident at Pasir Gudang, apart from meat are Bonsai plants. As stated before, MAQIS also investigates plants. There were two containers that carried Bonsai trees amounting to 12. Their scientific name is Podacarpus Macrophyllus, valued at RM700,000, brought into malaysia without an import permit.
In the case law provided, this incident was also investigated under section 11(1) of the Act for importing without permit, license of declaration.
(2.3) Butterworth Scandal
In Penang's histrionic, MAQIS also confiscated 1,449 boxes of boneless buffalo meat, weighing up to 27,998kg at the North Butterworth Container Terminal (NBCT). They pasted forged halal stickers as a deception. The whole price of the weighed meat is at RM427,691.57!
However, unlike section 11 of the Act, this incident is investigated under section 13 of the Act, which the offence carries a fine of not more than RM50,000 or a jail term not exceeding two years or both, upon conviction. It is strange why section 13 is preferred, since it has a lower punishment as compared to section 11.
Perhaps, the facts of this case is different as compared to section 11.
(3.0) Some reflections
(3.1) Regulating Corruption
According to Transparency International Corruption Perceptions Index 2020, Malaysia's ranking dropped from 51 to 57 this year as of 2021. Transparency International Malaysia president, Dr Muhammad Mohan states that, this is due to stagnant institutional reforms and dormant political firepower to curtail administrative turpitudes.
There should be more transparency in governing the government, such as not abusing the Official Secrets Act 1972 to protect the government's own flaws. The public should be more aware of other several scandals, such as the Wang Kelian Human Trafficking ring, Sabah Watergate and Littoral Combat Ship.
The implementation of the National Anti-Corruption Plan (NACP) should be more proactive on disclosing their progress to public scrutiny and ensure that there is proper surveillance over it. Corruption is the problem as to why these goods are able to enter our country without restraints, as officers or workers for MAQIS or the customs or any other public servants could easily be bribed.
For instances, the Malaysian Anti-Corruption Commission (MACC) detained two men, aged 27 and 31 for participating in smuggling meat from banned source countries. They were taken to the Johor Bahru Magistrate's Court for a remand order.
Clearly, all parties including not just MACC, but other relevant authorities must realise how dangerous and obnoxious it is, if unlicensed goods are imported into our country.
(3.2) Improving the bureaucracy of MAQIS
According to MAQIS Deputy Director General, Dr Azhari Sharidah Abu Bakar, as of 13th December 2020, the department only has 467 members to control 57 entrance gates only in Peninsular Malaysia.
The Borneo states were under the Department of Veterinary Services Malaysia, Department of Agriculture Malaysia and Department of Fisheries Malaysia.
Therefore, there is not enough manpower to guard the entrance gates. 100 new posts were applied, but only 82 were approved. One case, is that there were only 24 personnel who handled the manual inspections of 400 containers per day, as this results in poor coordination and performance.
It is interesting to note that, food, especially frozen meat products being imported, must not only get the permit from MAQIS, but approval from the Department of Veterinary Services Malaysia and the Department of Islamic Development Malaysia.
If no action were to be taken, then the public would be at risk!
Malaysia being a predominantly Muslim nation would indeed want to avert any doubts over the halal status of the food that they consume. Religion has always been an integral tenet for the majority of the population. Violating this would cause an uproar and issues of religious sensitivities.
In Islam, the halal status also correlates with the cleanliness of the food. Halal also comes with food that is free from disease and pollutants. In conjunction to that, the Agriculture and Food Industry Minister, Datuk Seri Ronald Kiandee states that MAQIS has improved their physical and document-based inspects at entry points in the country.
This would in hopes, cater to the problems of each meat consignment, actually being inspected in detail and comprehensively.
(4.0) Conclusion
To conclude, MAQIS words hand to hand with other agencies and departments in Malaysia to regulate the entrance of goods imported into and exported from Malaysia. This is to ensure that the goods would not harm the welfare and wellbeing of the Rakyat and maintain a safe ecosystem for all.
(5.0) References;
http://www.fao.org/faolex/results/details/en/c/LEX-FAOC107875/
https://www.nst.com.my/news/nation/2020/12/651322/cartel-crackdown-neither-beef-nor-halal
https://www.nst.com.my/news/crime-courts/2021/06/700500/maqis-seizes-bonsai-trees-pasir-gudang-port
https://www.freemalaysiatoday.com/category/nation/2021/01/07/macc-nabs-quarantine-services-officers-over-smuggling-of-non-halal-meat/
https://www.thestar.com.my/news/nation/2021/01/28/malaysia-drops-six-spots-in-worldwide-corruption-perceptions-index-ranking
https://www.thesundaily.my/local/maqis-needs-more-manpower-to-control-goods-entering-country-EF5610503
https://www.malaymail.com/news/malaysia/2021/03/11/meat-cartel-scandal-malaysian-quarantine-and-inspection-services-can-now-ac/1957005
https://www.nst.com.my/news/nation/2021/06/701862/maqis-seizes-frozen-buffalo-meat-dubious-halal-certification?topicID=1&articleID=701862
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