KUALA LUMPUR: Issues related to the Customs Department were heavily debated in the Dewan Rakyat today before the Excise (Amendment) Bill 2020 was passed by the House.
The bill, among others, allows the use of Customs Department offices to hold suspects if there is overcrowding at police lock-ups and according to Deputy Finance Minister I Datuk Abd Rahim Bakri, these offices can soon be used as detention centres.
He said suspects will be detained at gazetted Customs Department offices during investigation before the cases are referred to the Attorney General's Chambers (AGC).
"Individuals detained by Customs will first undergo Covid-19 tests according to standard operating procedures (SOP) set by the Health Ministry," he said in his winding-up speech in the Dewan Rakyat today.
Wong Hon Wai (Pakatan Harapan-Bukit Bendera) who participated in the ministry's debate had raised concerns over the use of Customs offices as detention centres and wanted to know if SOPs were being adhered to.
In the bill, a new section was created which gives Customs officers the same powers as a police corporal or a prison officer of the rank of sergeant when escorting and guarding any person in custody.
The new law also gazetted Customs offices that can be used as detention centres and are deemed to be police stations.
On the Customs Department's fight against the country's tobacco black market, Abd Rahim said the department was stepping up its enforcement to stop cigarette smuggling.
"This is why we proposed in the 2021 Budget for cigarettes to be made as a taxable item in all duty-free islands beginning Jan 2021," he said.
Also during the Excise (Amendment) Bill 2020 debates, allocations to recruit "agent provocateurs" to assist investigations and testify in court were heavily criticised by the opposition bloc.
An agent provocateur is a person who commits or who acts to entice another person to commit an illegal or rash act or falsely implicate them in getting involved in an illegal act.
Gobind Singh Deo (PH-Puchong) raised concerns whether the use of agent provocateur services was in line with the Federal Constitution.
He said this was because an agent provocateur could still be prosecuted in court for abetting in a criminal case, apart from it being related to a person's right when on trial in court.
"I just want to know whether this matter has been brought to the attention of the Attorney-General and his advice sought before it was tabled in the Dewan said.
In response, Abd Rahim said the allocation for agent provocateurs was in line with the Federal Constitution, adding that their services were needed by the Customs Department in its fight against smuggling activities in the country.
"Agent provocateur can only carry out their roles if they receive consent from the Customs director-general. No one can simply appoint them.
"We also have the same provision in other Acts concerning agent provocateurs. For example, Section 40 of the Dangerous Drugs Act 1952 (Act 342) also outlines the role or services of agent provocateur and even their evidence can be accepted in court for prosecution purposes," he said.