Malay Mail
by NURUL HUDA JAMALUDDIN
by NURUL HUDA JAMALUDDIN
PETALING JAYA: With millions being spent anually to repair damaged public property, calls are steadily mounting for the government to implement a Vandalism Act which provides stiffer punishment for mischief-makers.
Long-suffering local councils, which foot the bill for property damage running up to tens of millions of ringgit every year, feel such an Act could prove the difference between offenders getting their just desserts or going home with a mere slap on the wrist.
The move, initially mooted by the Malaysian Crime Prevention Foundation recently, received overwhelming support from local authorities, who even suggested Singapore's Vandalism Act be studied to see if aspects of it can be emulated locally.
Long-suffering local councils, which foot the bill for property damage running up to tens of millions of ringgit every year, feel such an Act could prove the difference between offenders getting their just desserts or going home with a mere slap on the wrist.
The move, initially mooted by the Malaysian Crime Prevention Foundation recently, received overwhelming support from local authorities, who even suggested Singapore's Vandalism Act be studied to see if aspects of it can be emulated locally.
Petaling Jaya City Council (MBPJ) mayor Datuk Roslan Sakiman said the amount spent on repairs is taking a toll on local authorities.
"Every year, we spend at least RM10 million in repairs to damage caused by vandals. Just removing Ah Long stickers and repainting walls, for example, sets us back by about RM2 million.
"Such amounts could be channeled towards better purposes."
The situation, he said, is not helped by the lightweight fines provided for under existing Vandalism by-laws 2005, which is applied throughout Selangor. The maximum punishment for damaging public property can reach up only to RM2,000 or a year's jail.
"The RM2,000 fine and jail term is only imposed if the suspect is charged in court. A compound fine can only reach up to RM1,000. The existing by-laws are no longer enough to serve as a deterrent."
A Vandalism Act enacted at Federal level, he said, could also aid councils obtain manpower and resources. Agencies, such as police and Rela, can be integrated to take the load off councils by sharing enforcement duties.
His views were shared by Ampang Jaya Municipal Council (MPAJ) president Datuk Mohamad Yacob, who admitted their expenses towards repairing vandalism-related damage runs into "millions".
"A large chunk of ratepayers' money goes into repairing vandalised property, and as such, the Act can actually curb unnecessary wastage."
Mohamad Yacob also pointed out a Vandalism Act should address several weaknesses in the current by-laws with regard to enforcement.
"Under the by-laws, council enforcement officers do not have the power to arrest offenders. Also, if offenders are not caught redhanded, the culprit can walk away scott-free.
"To make it effective, power should be accorded to police under the Act to nab offenders."
Klang Municipal Council (MPK) president Mislan Tugiu offered a novel idea on how to punish vandals.
"Offenders should be made to repay the cost of repairing the vandalised property. Only then will they realise the folly of their ways," he said, adding that MPK frequently had to repair items, such as playground equipment, road railings, bus stops and even lamp posts.
Kuala Lumpur mayor Datuk Seri Ahmad Fuad Ismail said City Hall would support moves by the government that could deter vandalism. Malaysia, he said, could learn from other countries on how vandalism was dealt with.
"Other countries impose tougher punishments. Here, upon conviction, offenders get away with minor fines. If heavier penalties can be imposed, people would think twice before destroying public property."
Kajang Municipal Council president Datuk Hasan Nawawi Abd Rahman also backed the call for heavier punishment against vandals. He said the council's enforcement officers now only had the authority to take down the details of the vandals, but can't detain them.
"Even when our enforcement staff catch these vandals red-handed, we only take a statement from them and issue them a compound."
Hasan also suggested community service be imposed as punishment for those convicted of vandalism.
Penalties in other countries
• Singapore's Vandalism Act 1966
SECTION 3 of the Act imposes a fine of up to S$2,000 (RM4,800) or imprisonment for a term not more than three years and mandatory whipping of not less than three strokes and not more than eight strokes of the cane.
• UK's Anti-Social Behaviour Order
VANDALISM is an environmental crime, dealt under Anti-Social Behaviour Order (ASBO) introduced by the Crime and Disorder Act 1998. Anyone found guilty faces a jail term up to six months or a fine. The penalty on conviction can rise to a jail term up to five years or a fine, or both.
Foreign cases
• AMERICAN teenager Michael Fay, then 18, pleaded guilty to vandalising cars in addition to stealing road signs in Singapore. He was sentenced on March 3, 1994, to four months in jail, a fine of S$3,500 and six strokes of the cane. The number of cane strokes in his sentence was reduced from six to four after US officials requested leniency.
• UNEMPLOYED Singaporean Koh Chan Meng, 48, was slapped with three counts of vandalism in January 2009 after he was caught scribbling on the wall outside the Parliament House there. He allegedly wrote on the wall, considered public property, the words "Hi Harry Lee I love you" (refers to Minister Mentor Lee Kuan Yew) and "Go sue me Lee Kuan Yew Go Gavin Son". However, on Feb 16, he was acquitted on the grounds he was of unsound mind.
• LAST July, Christopher Frost, 22, from Dalbeattie and Alexander McIntosh, 19, from Dumfries, admitted damaging 47 gravestones at the cemetery in Kirkcudbright, Scotland on June 21 and 22. The two men have each been jailed for 35 months after they admitted causing more than £50,000 worth of damage at the Kirkcudbright Cemetery.
Beef up enforcement to curb problem
PETALING JAYA: The Housing and Local Government Ministry is calling on local authorities to deploy more personnel to enforce rules against vandalism.
Housing and Local Government Minister Datuk Chor Chee Heung told The Malay Mail that the enforcement by local authorities to curb vandalism was weak due to their limited manpower.
“We call on them (local authorities) to beef up their enforcement staff as I realise many councils do not have the strength to carry out effective enforcement.”
Chor, commenting on the Malaysian Crime Prevention Foundation’s call for the Vandalism Act to be enacted, said introduction of new laws to overcome increasing cases of vandalism in the country would not work if implementation was not put into place.
“The law is good, but even with heavier fines and compulsory community service, the situation would be thrown back to square one without strong enforcement.”
However, he did not dismiss the possibility of bringing the issue to Parliament.
The public wants vandals caned and shamed
KUALA LUMPUR: Vandals of public property must be publicly punished so they will never repeat the offence and others will be similarly deterred from doing so.
Even so, some people interviewed by The Paper That Cares felt harsh punishment should, however, be tempered with avenues for creativity to flourish, citing graffiti as an example.
Customer service officer Norlela Mohd Azmi (pic), 29, of Shah Alam was among those who felt vandals must be adequetly punished for their irresponsibility.
Stating the issue was discussed for a long time without any action taken to resolve the problems, she said: "I strongly agree the government impose harsh punishments on vandals. Their bad habits have deprived the public of important amenities and has also given a bad impression to tourists about Malaysia."
University student Richard Wong Duat Jonos, 21, said: "The public can easily help the government curb this problem by taking pictures of vandals in action."
For punishment, he suggested, these vandals be taught a lesson by being forced to conduct clean-up activities in public areas.
Another student, Ong Men Kien, 19, of Sabah hoped the authorities would not just issue summonses but also institute assertive punishment like short-term jail sentences for repeat offenders who break a 'three strikes, you're out' policy.
He also suggests vandals be fined up to RM2,000.
"Vandals must be jailed for three months and be made to pay back double the cost of the damaged items."
Phone operator S. Lakshmi, 32, of Pantai Dalam here suggested shaming the offenders publicly. "Vandals create a bad impression for both locals and visitors. So, it is fair if the government punish them by making them wear labels and tags which proclaim them to be vandals."
Recently, Malaysian Crime Prevention Foundation vice-chairman Tan Sri Lee Lam Thye said the current vandalism by-laws were inadequate to eradicate the problem which was posing a major threat to the well-being of citizens.
"Every year, we spend at least RM10 million in repairs to damage caused by vandals. Just removing Ah Long stickers and repainting walls, for example, sets us back by about RM2 million.
"Such amounts could be channeled towards better purposes."
The situation, he said, is not helped by the lightweight fines provided for under existing Vandalism by-laws 2005, which is applied throughout Selangor. The maximum punishment for damaging public property can reach up only to RM2,000 or a year's jail.
"The RM2,000 fine and jail term is only imposed if the suspect is charged in court. A compound fine can only reach up to RM1,000. The existing by-laws are no longer enough to serve as a deterrent."
A Vandalism Act enacted at Federal level, he said, could also aid councils obtain manpower and resources. Agencies, such as police and Rela, can be integrated to take the load off councils by sharing enforcement duties.
His views were shared by Ampang Jaya Municipal Council (MPAJ) president Datuk Mohamad Yacob, who admitted their expenses towards repairing vandalism-related damage runs into "millions".
"A large chunk of ratepayers' money goes into repairing vandalised property, and as such, the Act can actually curb unnecessary wastage."
Mohamad Yacob also pointed out a Vandalism Act should address several weaknesses in the current by-laws with regard to enforcement.
"Under the by-laws, council enforcement officers do not have the power to arrest offenders. Also, if offenders are not caught redhanded, the culprit can walk away scott-free.
"To make it effective, power should be accorded to police under the Act to nab offenders."
Klang Municipal Council (MPK) president Mislan Tugiu offered a novel idea on how to punish vandals.
"Offenders should be made to repay the cost of repairing the vandalised property. Only then will they realise the folly of their ways," he said, adding that MPK frequently had to repair items, such as playground equipment, road railings, bus stops and even lamp posts.
Kuala Lumpur mayor Datuk Seri Ahmad Fuad Ismail said City Hall would support moves by the government that could deter vandalism. Malaysia, he said, could learn from other countries on how vandalism was dealt with.
"Other countries impose tougher punishments. Here, upon conviction, offenders get away with minor fines. If heavier penalties can be imposed, people would think twice before destroying public property."
Kajang Municipal Council president Datuk Hasan Nawawi Abd Rahman also backed the call for heavier punishment against vandals. He said the council's enforcement officers now only had the authority to take down the details of the vandals, but can't detain them.
"Even when our enforcement staff catch these vandals red-handed, we only take a statement from them and issue them a compound."
Hasan also suggested community service be imposed as punishment for those convicted of vandalism.
Penalties in other countries
• Singapore's Vandalism Act 1966
SECTION 3 of the Act imposes a fine of up to S$2,000 (RM4,800) or imprisonment for a term not more than three years and mandatory whipping of not less than three strokes and not more than eight strokes of the cane.
• UK's Anti-Social Behaviour Order
VANDALISM is an environmental crime, dealt under Anti-Social Behaviour Order (ASBO) introduced by the Crime and Disorder Act 1998. Anyone found guilty faces a jail term up to six months or a fine. The penalty on conviction can rise to a jail term up to five years or a fine, or both.
Foreign cases
• AMERICAN teenager Michael Fay, then 18, pleaded guilty to vandalising cars in addition to stealing road signs in Singapore. He was sentenced on March 3, 1994, to four months in jail, a fine of S$3,500 and six strokes of the cane. The number of cane strokes in his sentence was reduced from six to four after US officials requested leniency.
• UNEMPLOYED Singaporean Koh Chan Meng, 48, was slapped with three counts of vandalism in January 2009 after he was caught scribbling on the wall outside the Parliament House there. He allegedly wrote on the wall, considered public property, the words "Hi Harry Lee I love you" (refers to Minister Mentor Lee Kuan Yew) and "Go sue me Lee Kuan Yew Go Gavin Son". However, on Feb 16, he was acquitted on the grounds he was of unsound mind.
• LAST July, Christopher Frost, 22, from Dalbeattie and Alexander McIntosh, 19, from Dumfries, admitted damaging 47 gravestones at the cemetery in Kirkcudbright, Scotland on June 21 and 22. The two men have each been jailed for 35 months after they admitted causing more than £50,000 worth of damage at the Kirkcudbright Cemetery.
Beef up enforcement to curb problem
PETALING JAYA: The Housing and Local Government Ministry is calling on local authorities to deploy more personnel to enforce rules against vandalism.
Housing and Local Government Minister Datuk Chor Chee Heung told The Malay Mail that the enforcement by local authorities to curb vandalism was weak due to their limited manpower.
“We call on them (local authorities) to beef up their enforcement staff as I realise many councils do not have the strength to carry out effective enforcement.”
Chor, commenting on the Malaysian Crime Prevention Foundation’s call for the Vandalism Act to be enacted, said introduction of new laws to overcome increasing cases of vandalism in the country would not work if implementation was not put into place.
“The law is good, but even with heavier fines and compulsory community service, the situation would be thrown back to square one without strong enforcement.”
However, he did not dismiss the possibility of bringing the issue to Parliament.
The public wants vandals caned and shamed
KUALA LUMPUR: Vandals of public property must be publicly punished so they will never repeat the offence and others will be similarly deterred from doing so.
Even so, some people interviewed by The Paper That Cares felt harsh punishment should, however, be tempered with avenues for creativity to flourish, citing graffiti as an example.
Customer service officer Norlela Mohd Azmi (pic), 29, of Shah Alam was among those who felt vandals must be adequetly punished for their irresponsibility.
Stating the issue was discussed for a long time without any action taken to resolve the problems, she said: "I strongly agree the government impose harsh punishments on vandals. Their bad habits have deprived the public of important amenities and has also given a bad impression to tourists about Malaysia."
University student Richard Wong Duat Jonos, 21, said: "The public can easily help the government curb this problem by taking pictures of vandals in action."
For punishment, he suggested, these vandals be taught a lesson by being forced to conduct clean-up activities in public areas.
Another student, Ong Men Kien, 19, of Sabah hoped the authorities would not just issue summonses but also institute assertive punishment like short-term jail sentences for repeat offenders who break a 'three strikes, you're out' policy.
He also suggests vandals be fined up to RM2,000.
"Vandals must be jailed for three months and be made to pay back double the cost of the damaged items."
Phone operator S. Lakshmi, 32, of Pantai Dalam here suggested shaming the offenders publicly. "Vandals create a bad impression for both locals and visitors. So, it is fair if the government punish them by making them wear labels and tags which proclaim them to be vandals."
Recently, Malaysian Crime Prevention Foundation vice-chairman Tan Sri Lee Lam Thye said the current vandalism by-laws were inadequate to eradicate the problem which was posing a major threat to the well-being of citizens.
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