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Newsletter | Issue 21

Subject: Weeding out potheads at airports




Apa khabar? As we welcome Q4 with half-open arms, here are a few things we want to bring to your attention: 1. What’s one thing in common between GE15 and our bumble dates? – as of now, both dates are unavailable.
2. You have 3 months more to complete your New Year’s resolution for 2022.
3. Reminder to be inclusive this Halloween. If you do dress up, choose a local ghost e.g. pocong, oil man among many others who shall remain nameless.
Niresh Kaur, Shambavi Shankar

What’s the tea in Malaysia?

sipping tea
Drug test at Malaysian airports?
Thailand legalised the use of marijuana last June 2022 and brought about many unsettled discussions.

Last week, a news article on Sinar Daily mentioned that “Malaysians who test positive for drugs upon returning from Thailand will face actions under Section 15(1)(a) of the Dangerous Drugs Act 1952.” This law has always been around and it’s good to note that it’s not only for Malaysians but for anyone entering Malaysia.

The above section criminalises the consumption of dangerous drugs (specified in the Act). If you were found guilty under this Act, you shall be liable to a fine not exceeding RM5,000 or an imprisonment for a term not exceeding 2 years. 

One Twitter user was quick to react: 
The argument was that Section 15 does not have extraterritorial application and therefore consuming it outside Malaysia is not covered under this section. The law is however unclear on this.

On a separate note, did you know that you can actually grow hemp and ketum for medicinal purposes, subject to the approval of the Health Ministry?
Section 309, why you still here? 
Under Section 309 of the Penal Code, those who failed their suicide attempts can be jailed or fined or both.

Recap – Last year, the Home Ministry and Attorney General’s Chamber (AGC) agreed to abolish this law. Last update – Healthy Ministry mentioned that the matter will be presented to the Cabinet.

Government talking about decriminalising suicide 🤝 friend telling us they’re ‘on the way’.
Source: Tenor
On the way, bro – Khairy, last week, reiterated that the Health Ministry (MOH) is about to prepare a new Cabinet memorandum in order to decriminalise suicide attempts.

Additional note – Singapore, our fellow Commonwealth country, repealed s309 of the Penal code with effect from 1st January 2020. You can read more about this here: Should Malaysia Decriminalise Suicide Attempts?

Wei drama wei 
This week, there was a very random drama surrounding Dr Thanussha’s medical degree (why, bro?), and we think it’s necessary for us to comment (also because Vivek Sukumaran, the Chairman of the KL Bar Committee commented on this). 

Who can call themselves a doctor?

  • People with a medical degree, unless revoked, even if they chose not to practice, can call themselves a doctor.
  • People with a PhD aka Doctor of Philosophy. 
Fun fact – the term doctor originated from the Latin term ‘docore’ which means to teach. So the above makes sense.

Can you practice without a license to practice?  Of course not. In Malaysia, to be qualified to practice, you will need to be registered under the Medical Act 1971. In this case, Dr Thanussha admitted that she never submitted for registration – so, not a licensed doctor.

Section 33(1)(c) makes it an offence to falsely take or use any title implying that he (haaah law not inclusive) is registered under this Act. 

When asked, the DG then clarified that what Dr Thanussha did is not an offence. Confusing, but ok. Nevertheless, let’s put this to rest, shall we? We have to pick up swimming classes to vote here.
Self defence – weak defence?
Sim Hui Ying, a 19-year-old, is being charged with murder under Section 302 of the Penal Code for murdering her boyfriend. It was alleged that she committed it in an act of self-defence (against sexual advances from the deceased). 

What? We can’t even defend ourselves now?  Short answer – yes we can, but it depends. Long answer – Section 96 of the Penal Code states that anything done as an act of self-defence does not constitute a crime. 

However, Section 99 in summary states that if there is no reasonable apprehension of death or grievous hurt; there is time to recourse to the protection of public authorities; or if more harm was caused than what was necessary, the self-defence law does not apply. 

In this case, it is so far unclear as to what transpired between the deceased and the perpetrator. The next mention for this case is set on December 6, pending the post-mortem results.
General Elections General Info
(GEGI with whatsrightMY)

Election is nearing… but can you vote? 
Undi18 Bill allows all Malaysians aged 18 and above to vote – So all Malaysians who were 18 years old and above as of 31st of December 2021, are auto-included in the electoral roll.

Go ahead, check your status here: Semakan Daftar Pemilih 

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