Teresa Kok may face up to 2-year jail, RM50k fine & lose her MP seat for alleged offensive remarks on Halal certificates
The Member of Parliament (MP) for Seputeh Teresa Kok found herself in controversy recently after she expressed concern about a proposal considered by the Department of Islamic Development Malaysia (JAKIM) to make Halal certification mandatory for restaurants and food companies that didn’t serve pork and alcohol.
In a statement, Teresa said that the proposal would increase the burden on businesses, including thousands of Malay restaurant operators, obstruct consumers’ choices and is against our country’s multicultural spirit. Furthermore, the Seputeh MP claimed that such a move would cause a negative reaction in the country and embarrass Malaysia internationally, turning the country into mockery overseas.
Her statement, especially the latter parts, has since received backlash from some Malaysians, with even Prime Minister Datuk Seri Anwar Ibrahim distancing the Federal Government from Teresa’s words. Anwas asserted that Teresa created “unnecessary controversy” and that her views are not representative of Pakatan Harapan’s (PH) stance on the matter.
The Royal Malaysia Police (PDRM) has since opened up an investigation paper on the Seputeh MP, with the Inspector-General of Police (IGP) Tan Sri Razaraudin Husain confirming that Teresa has been summoned to Bukit Aman on 10 September so that the police could record her statement.
So, what potential legal repercussions could the Seputeh MP face for her allegedly offensive remarks on Halal certificates? Join us as we break it down below.
Section 298 of the Penal Code for uttering words with deliberate intent to wound the religious feeling of any person
Based on what was reported on the matter, Teresa may face a charge under Section 29 of the Penal Code below as her statement arguably wounds the religious feelings of others:
As per the above provision, it is an offence for anyone to utter words with the deliberate intention of wounding the religious feelings of any person. Should she be charged and convicted under this provision, the Seputeh MP may face up to 1 year in jail, a fine or both.
Section 505 of the Penal Code for making a statement conducing to public mischief
Another potential Penal Code provision that applies to the case is Section 505 for making statements conducing to public mischief below:
Specifically, Teresa may have committed an offence under Section 505(b) for her statement on Halal certifications, as her remark is arguably likely to cause fear or alarm to a section of the public whereby any person may be induced to commit an offence against the public tranquillity.
Accordingly, if she were to be charged and convicted under Section 505(b), the Seputeh MP may face imprisonment of up to 2 years, a fine or both.
Section 233(1) of the Communications and Multimedia Act 1998
Besides that, given that the statement was published online, specifically on her official social media accounts, Teresa may also face action under Section 233(1) of the Communications and Multimedia Act 1998 below:
The above provision prescribes that it is an offence to create a communication which is indecent, false, menacing or offensive in character with the intent to annoy, abuse or harass another person, which it can be argued fits with what the Seputeh MP has asserted.
Should she be charged and convicted under this provision, Teresa may face action under Section 233(3) of the Act below:
If the Seputeh MP is charged and convicted under the above provision, she may face up to an RM50,000 fine, imprisonment of up to 1 year or both. Furthermore, she may also face a further fine of RM1,000 fine for every day during which the offence is continued after conviction.
Will Teresa lose her Seputeh seat if she’s convicted?
The answer to this question is not as straightforward as one thinks, as it is dependent on the punishment meted out to her if she’s convicted. Furthermore, given that criminal proceedings take time, it could also potentially be academic as for all we know, GE16 may have already begun when the trial, if any, and all the appeals have finished.
With that in mind, the disqualification of an MP is prescribed under Article 48(1) of the Federal Constitution below:
Specifically, Article 48(1)(e) asserted that a member of either House of Parliament will have their membership disqualified if they have been convicted of an offence by a court of law in Malaysia and sentenced to imprisonment for a term of more than 1 year or a fine of more than RM2,000 and has not received a pardon.
In relation to that, Article 48(4)(b) of the Federal Constitution prescribes that should an MP appeal the sentence that has been given, he or she would only be disqualified 14 days after the court decides on the appeal.
However, the disqualification is immediate for the purpose of election, as prescribed by Article 48(5) below:
Hence, should Teresa be convicted and sentenced to prison for a period of more than 1 year or fined an amount of more than RM2,000, she will be disqualified from her Seputeh seat.
However, this will only happen after all avenues of appeal in the case have been exhausted and if Teresa didn’t receive a royal pardon. Hence, if the case goes to court and all of Teresa’s appeals are exhausted before GE16, it will all be inconsequential as Parliament would already be dissolved.
What’s consequential is the fact that if Teresa is convicted of more than 1 year in jail or fined more than RM2,000, she will be immediately disqualified from contesting in elections. Therefore, should she be convicted before GE16, the DAP leader will be barred from contesting the General Election.
Of course, this is all theoretical as the Seputeh MP hasn’t even been charged in court yet. In the meantime, it’s important for all quarters to remain calm and let the rule of law take its course.
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