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Showing posts with label enforcement. Show all posts
Showing posts with label enforcement. Show all posts

Friday, 28 June 2024

A prescription for trouble

 


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PETALING JAYA: Curbing the sale of unregistered medical items online is still a challenge, although the Medical Device Authority (MDA) has been clamping down on distributors of these unapproved products.

Condoms and contact lenses are among the top items sold without proper registration.

Within the first six months of the year, the MDA conducted two raids in the Klang Valley area. 

ALSO READ: Experts: Avoid buying unregistered medical items

“The MDA works to ensure compliance. But challenges like unauthorised online sales still remain. The MDA has successfully resolved 19 cases since 2020.

“This year, we conducted two raiding operations in the Klang Valley area,” a spokesperson for the Health Ministry agency said when contacted.

The MDA conducts an average of four raids a year in relation to the sale of unregistered medical devices or businesses operating without a valid MDA licence.

“A total of four cases have been brought to court so far. Besides that, MDA has suspended 28 establishment licences and revoked six establishment licences for a variety of violations under Act 737 (Medical Device Act 2012),” said MDA.

Products worth RM1.5mil were seized in these operations.

The top five items seized include examination gloves, contact lenses, blood lancets, medical face masks, and condoms.

These items, said the MDA, also included those sold on ecommerce or social media platforms.

“Based on our market surveillance activities, unregistered medical devices are also found in pharmacies and convenience stores. This is because there are irresponsible distributors who are distributing unregistered medical devices without licence to pharmacies as well as convenience stores,” said the MDA.

The MDA received a total of 19,833 applications for the registration of devices. Of these 9,650, there were new registrations. A total of 18,136 applications were approved, including 9,153 new ones.

“The requirement for the registration of medical devices is stated in the Third Schedule of the Medical Device Regulations 2012,” the spokesperson said.

An approval should be obtained from MDA before medical device advertisements are published or broadcast in any medium or platform.

“Furthermore, the MDA will always monitor advertisements across all platforms from time to time to curb the sales of unregistered medical devices and unapproved advertisements,” added the spokesperson.

As unregistered medical devices are available on the market, the MDA advises the public to verify the device’s registration status before purchasing.

This can be done by keying in the registration number on the authority’s website.

When contacted, Deputy Domestic Trade and Cost of Living Minister Fuziah Salleh said the regulation of medical devices falls under the purview of MDA.

However, if a medical device is found to have fake certification, the ministry can take the necessary action under the Trademarks Act 2019.

“If the medical device (appears) to have the approval of the MDA but the MDA confirms that it doesn’t, then we can take action according to the Trade Descriptions Act 2011.

“The ministry has not received any complaints in relation to this issue to date.

“However, a joint operation can be conducted to curb this according to the jurisdiction of the respective agencies,” she said.

Source link

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Saturday, 4 November 2017

PAC blamed Penang Island City Council (MBPP) for failing to enforce laws on hillside development

Becoming bald: A view of the clearing work seen at Bukit Relau which was visible from the Penang Bridge in November last year.

GEORGE TOWN: The Penang Public Accounts Committee (PAC) had faulted the Penang Island City Council (MBPP) for failing to monitor and enforce laws on hillside development in the state.

In its report on hill land development tabled on May 19, PAC said the lax monitoring not only resulted in unchecked hill clearing, but landowners were able to build houses, chalets, hotels and restaurants on Penang’s hill range.

“This situation happened because of MBPP’s failure to monitor and patrol hill land after notices were issued to landowners.

“This led to risks of soil erosion, landslides, mudslides, river sedimentation and disruptions to the surroundings,” it stated.

PAC’s report gained public attention after Penanti assemblyman Dr Norlela Ariffin brought it up in a dialogue session held by Penang NGOs and residents associations on flood and landslides on Sunday.

She told 200-odd members of the civil society that the report was tabled in the state assembly but never presented.

PAC stated that according to the state Audit Department, out of 31 illegal hill land clearing cases in 2015, four were in the Teluk Bahang water catchment area.

The committee, chaired by Bagan Dalam assemblyman A. Tanasekharan, visited nine of the cases on March 1.

It highlighted the Bukit Relau hill clearing case 410m above sea level and visible from Penang Bridge.

“Media reports and public comments should have been enough for MBPP and other authorities to take immediate action.

“Mitigation works on Bukit Relau have taken so long to be completed. The local authorities neither monitor the work frequently nor supply regular updates,” it added.

On illegal clearing that took place on Penang Hill, PAC expressed frustration that the actual dates and specific locations of the earthworks could not be determined because of the unsatisfactory records and monitoring.

“On Penang Hill, there was confusion on the existing agricultural plot and the new clearings.

“There are no definitions of allowable hill land agricultural works that involves digging,” it added.

PAC also objected to an earlier suggestion by the state Local Government Committee to exclude hill land earthworks related to agricultural activities from needing work permits.

Source: The Star by Arnold Loh

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Wednesday, 1 November 2017

Penang floods and landslides, looking beyound natural causes!

Seeking solutions: Penang Forum member and soil expert Dr Kam Suan Pheng giving her views during the dialogue session themed ‘Penang Floods: A Call for Action’ held at Teow Chew Association in Chulia Street, George Town.
 (Top pic, front from right) Pulau Betong assemblyman Datuk Dr Muhammad Farid Saad, state Opposition Leader Datuk Jahara Hamid and Penanti assemblyman Dr Norlela Ariffin among the participants.
From left) Sim, Cheah, Dr Norlela, Jahara, Shah Headan, Lee and Yap occupying the front row at the dialogue on floods organised by Penang Forum.


Expert: Debris clogging waterways among reasons for flash floods

Some 200 people comprising mostly politicians, experts and residents gather in a dialogue session to discuss the long-standing problem plaguing Penang. Many voice their concerns that over-development in the state could be the cause of the headache.

HEAVY rainfall and high tides are natural causes of floods which cannot be avoided.

However, soil expert and scientist Dr Kam Suan Pheng said there were also other reasons that caused the constant flash floods in Penang.

She said limited capacity to channel off discharge and surface flow which led to water accumulation downstream were some of the causes that resulted in flash floods.

“These issues have been addressed in flood mitigation.

“However, we also have to tackle the causes of increasing impermeable surface areas and debris clogging up waterways, which are also the root causes of flooding problems,” said Dr Kam in her talk on ‘Understanding the Causes of Floods and Seeking Solutions’ yesterday.

Dr Kam, who is also a Penang Forum member, said having proper planning on land usage and development controls, creating more urban spaces and parks besides river bank protection were also vital in flood prevention.

“Stringent monitoring on development projects and protection of hill land and hillslopes are important.

“To do so, policy and legal instruments have to be deployed, while environmentally sensitive and ecologically friendly structural and non-structural solutions should be adopted,” she said.

Dr Kam was one of the speakers at a dialogue session themed ‘Penang Floods: A Call for Action’ held at the Teow Chew Association in Chulia Street.

<< Stringent protection of hill land and hillslopes are vital, says Dr Kam.

Joint Resident Associations of Bandar Baru Ayer Itam chairman K. Suthakar said that for the past two to three years, residents living in Bandar Baru Ayer Itam have been suffering from flash floods.

He said there were some 20 housing schemes in the township comprising 10,000 housing units with a population of 16,000.

“The residents had to face the brunt of it when the whole city was underwater on Sept 15.

“I visited the retention ponds in Lebuh Rambai and Desa Permata Bandar Baru Ayer Itam on Saturday to check whether the ponds have been deepened.

“Sadly, nothing has been done,” he said.

He asked some of the state assemblymen, who were present at the dialogue session, to raise the issue when the state assembly convenes on Thursday.

When hills are at their natural state, they will not collapse, says Aziz Noor. When hills are at their natural state, they will not collapse, says Aziz Noor. >>

Environmental, health and safety consultant Aziz Noor, in his talk on ‘Implications of Hillside Development’, said landslides commonly happened on hillsides or slopes that were cleared.

“When the hills are at their natural state, they will not collapse.

“But when the natural state is violated with the slopes being cut, then landslides are bound to happen.

“Whenever there is a downpour on the cut hill slopes, there would be mudslides contributing to muddy flash floods as well,” he said.

Filepic of recent flooding in Taman Thean Tek, Ayer Itam, Penang.

The dialogue session saw a packed hall of almost 200 people, comprising mostly residents and representatives of residents associations who were affected by the recent flash floods.


Several state assemblymen and politicians from both sides of the divide also turned up at the event organised by Penang Forum and Residents Association of Penang.

Among those present were Penang Barisan Nasional chairman Teng Chang Yeow, state Opposition Leader Datuk Jahara Hamid, Pulau Betong assemblyman Datuk Dr Muhammad Farid Saad, Teluk Bahang assemblyman Datuk Shah Headan Ayoob Hussain Shah, Kebun Bunga assemblyman Cheah Kah Peng, Penanti assemblyman Dr Norlela Ariffin, Machang Bubuk assemblyman Lee Khai Loon, Pulau Tikus assemblyman Yap Soo Huey and Bayan Baru MP Sim Tze Tzin.

Sources: The Star by Logeiswary Thevadas

Engineer: Look out for ‘ticking time bombs’ from hill slopes


GEORGE TOWN: A geotechnical engineer has warned the authorities that steeply-cut hill slopes are “ticking time bombs” that need constant monitoring and maintenance.

Zeezy Global geotechnical and environmental consultant Aziz Noor said in view of the Tanjung Bungah landslide on Oct 21 that took the lives of 11 workers, all authorities, not only in Penang but throughout Malaysia, should keep an eye on all steep slopes as disaster might strike at any time.

He said although a hill slope might appear fine from the outside, it could be on the brink of collapse due to water pressure and vibrations from the surrounding environment.

“Most of these slopes are clay mixed with sand. Clay has an affinity ( to stick together). At particle level, they can hold up.

“When water comes down steep slopes they break the affinity of these particles. And yet they still hold up but it just speeds up the time of the collapse.

“That is why they do not fall right away. They are a time bomb, a disaster waiting to happen,” he said at a talk hosted by Penang Forum today.

Aziz, an American-trained environmental and geotechnical expert, was manager of an independent consultant engineering firm investigating the aftermath of the Highland Towers collapse in Ulu Kelang, Selangor, in 1993, in which 48 people were killed.

He said hills cut beyond their “natural angle” were the ones to watch out for.

“A hill slope that is cut beyond its natural stable angle is not a stable slope. Such slopes are at high risk of failure and can end up in landslides.

“When you have bare slopes like that, the portion of runoff is large; the steeper the slope, the faster the ‘teh tarik’ (mud slide) comes down.

“Basically, when the water runs off faster, the more erosion it causes, and the faster it will go down to lower-lying areas and cause flash floods with silt,” he said.

Aziz said to prevent such disasters from happening, engineers ought to cut hills at a more natural angle and ensure drain holes are built into them.

He said drain holes would release the “water stress” that might be building up beneath the slopes.

Aziz stressed that these measures were not one-off solutions and required constant monitoring from all parties.

“Ordinary folk might think, okay, looks like a nice concrete wall. But you do not know what is going on underneath, and hence, you need to maintain the hillslopes from time to time.

“That is why you see the slopes on our PLUS highway are constantly being maintained. It is something you do not mess around with,” he said.

Aziz said many construction sites cut corners by placing plastic sheets on cut hillslopes, which would not help much in preventing landslides.

“This is akin to putting a band-aid on a very sick person,” he said.

On the Tanjung Bungah landslide, Aziz said the state authorities must beef up their monitoring teams and place them on full patrol at all sites in the state.

“We need all the ‘jabatan’ (departments) to wake up and not sleep behind the wheel. Present-day laws are adequate to enforce and punish those who flout the law.”

Sources: Free Malaysia Today

Penangites upset with DAP reps for skipping dialogue


Front row, from right) Penang Barisan Nasional chairman Teng Chang Yeow, Pulau Betong representative Muhammad Farid Saad and state opposition leader Jahara Hamid at the Penang Forum dialogue on flood woes and hill site developments. – The Malaysian Insight pic, October 29, 2017.

RESIDENTS associations in Penang today were upset that most of their elected representatives skipped a dialogue on flood woes and hill site developments, as local civil society groups continue to push for a moratorium on hill projects.

Penang Forum, a coalition of local civil society groups, had invited the state’s elected reps, but fewer than 10 turned up at the dialogue that drew about 200 people to the Teochew Association in George Town.

The assemblymen seen among the crowd were state opposition leader Jahara Hamid (Teluk Air Tawar), Muhammad Farid Saad (Pulau Betong) and Shah Headan Ayoob Hussain Shah (Teluk Bahang) from Barisan Nasional (BN); and Cheah Kah Peng (Kebun Bunga), Dr Norlela Ariffin (Penanti) and Lee Khai Loon (Machang Bubok) from PKR.

Pulau Tikus rep Yap Soo Huey was the sole DAP assemblyman present while the only MP at the dialogue was PKR’s Sim Tze Tzin of Bayan Baru. The only other DAP member present was Penang Island City councillor Syerleena Abdul Razak.

Also present were Penang BN chairman Teng Chang Yeow, several Gerakan leaders, and Penang Front Party’s Patrick Ooi, who has been critical of the Penang government in the past.

Jahara said the BN reps in the Penang legislative assembly would table a motion to call for all hill land and slope projects to be halted.

“We are not here to point fingers, but fingers have to be pointed at the authorities,” she said.

Norlela, one of the most vocal PKR reps on local developmental issues, said she hoped Pakatan Harapan and BN could set aside their differences to solve flood woes and developmental issues in the state.

Norlela was one of five PKR government backbenchers who abstained from voting to reject a BN motion on land reclamation during the state legislative assembly in November 2015.

DAP holds the most seats in the Penang legislative assembly with 19 out of 40. PKR has 10 while PAS has one seat. BN’s Umno holds the remaining 10.

In a press conference last week after a landslide in Tanjung Bungah killed 11 construction workers, some residents association reps warned the state government that it could lose votes if it continued to allow hill site developments and ignored the people’s objections.

At the dialogue today, the joint residents association rep for Bandar Baru Ayer Itam, K. Suthakar, took a dig at the elected officials when speaking about flood woes in his area. He said Lebuhraya Thean Teik had “turned into a river” when a bad flood hit last month, causing residents to miss work and school.

“Why do they become elected reps? Because they want to serve the people, to solve their problems. But after the election, you don’t see them for three or four years. People are crying for help but you have no time to come,” he said.

Tanjung Bungah Residents Association chairman Meenakshi Raman also said she had expected more than 10 elected reps to attend the dialogue.

“We are disappointed that not many could attend. We had hoped to see more DAP reps,” she said.

It was learned that DAP had an internal party programme at the same time this morning on mainland Penang in preparation for the party’s special congress on Nov 12 to re-elect its central leadership committee.

Meenakshi said the residents association and other civil groups, which recently criticised the state government over hill site developments and flash flood incidents in Penang, were still willing to engage the powers that be in dialogue.

This was despite the association not getting replies to letters it recently sent out to all Penang assemblymen and MPs on its demands to solve flash flood problems.

“We are ordinary people. We have nothing against them, but some (leaders) have accused us of being arrogant. Elected reps must be accountable. There is nothing wrong with the people asking the state government and their YBs (assemblymen) what they are doing,” she told The Malaysian Insight after the dialogue.

Climate change

Meanwhile, Dr Kam Suan Pheng, an expert in geographical information systems, told the dialogue session that floods in Penang were caused by both weather conditions and human activities, adding that the situation would worsen with climate change.

“Since 2003, the emerging trend for rainfall is increasing. Flash floods will be more frequent, happening at lower rainfall thresholds.

“With climate change, we can expect heavier and more intense rainfall,” she said, adding that Penang’s urban drainage was not well planned enough to prevent floods.

Kam said the authorities must tackle the root causes with proper land use planning and development control, stringent protection of hills and river banks, strict monitoring of development projects, and by increasing the number of urban parks.

She said the authorities must also look beyond the environmental, drainage, transportation and social impacts of individual projects, use existing laws and policies and adopt eco-friendly solutions.

Aziz Noor – a consultant with more than 30 years’ experience in areas of environment, health and safety in Malaysia and overseas – said Penang should take the recent Lembah Permai landslide as a wake-up call.

“Legislative controls are more than adequate but compliance is sporadic. Enforcement has been weak,” said Aziz, who is managing director of Penang-based consulting firm Zeezy Global.

Another speaker at the dialogue, lawyer Agatha Foo, said legally, the state should stop development on ecologically-sensitive land over 76m above sea level and on slopes over 25 degrees gradient using existing laws and guidelines.

She also said the authorities could impose strict enforcement, and seek a jail sentence for company directors whose firms violate the law as a more effective deterrent than fines. – October 29, 2017.

Looi Sue-ChernSource: The Malaysian Insight by


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Sunday, 8 October 2017

Another government department, seriously? Beef up the existing enforcement agencies !


YET another government department is going to be set up. Isn’t it common knowledge that the Government has serious budget constraints and is not recruiting to add to an already bloated civil service? And now, another tale of bureaucracy is being spun.

No wonder Malaysian Anti-Corruption Commission chief commissioner Tan Sri Dzulkifli Ahmad is upset over the planned formation of the National Integrity and Good Governance Department (JITN)

Minister in the Prime Minister’s Department Datuk Paul Low has said the proposed department is expected to improve good governance in the civil service.

How would the JITN as a new and probably tiny department be able to do the job? It would probably involve plenty of miracles since there is a reported 1.6 million civil servants to deal with, although Cuepacs says the figure is only at 500,000. It will be a Herculean task to move this mountain of manpower for what’s needed.

Low must surely have good intentions in wanting to set up the JITN, but its objectives and plans remain, at best, vague, at this point.

Its name and role seem almost identical to that of the Integrity Institute of Malaysia (IIM) and Enforcement Agency Integrity Commission.

The IIM, the brainchild of then Prime Minister Tun Abdullah Ahmad Badawi, was set up in 2004 and continues to function.

Its website reads: “IIM’s role is to facilitate the aims and objectives of the National Integrity Plan (NIP). The main objective of IIM is to act as a machinery in the implementation of the NIP towards developing a nation that is of high integrity, resilient and that embraces universal good values.”

The key roles of the institute are: to conduct research related to the integrity of institutions and that of the community; to organise conferences, seminars and forums; to elicit opinions from various sectors on the progress made or on the obstacles faced in implementing integrity; to publish and circulate printed materials as well as formulating and implementing training and educational programmes; to recommend new policies for the enhancement of integrity and ethics; and to advise the Government on strategies and programmes in enhancing integrity.

The voice of cynicism is growing loud and people are questioning the functions of this department, more so if it has no bite. MACC has strongly objected to it, with Dzulkifli labelling it a waste of public funds.

Who can blame the graft buster for being disgruntled? His investigators are overworked and the department understaffed, under budget and now, suddenly, the MACC learns that a new department is to be set up.

If it has no powers and does not concern the MACC, then it is on its way to being another government department which publishes more reports that nobody reads and which will most likely end up gathering dust.

Dzulkifli, who is hard-pressed to secure a heftier budget for his department, has publicly objected to the setting up of JITN, saying the funds could be better used to enhance current enforcement agencies and the wellbeing of its staff.

“What needs to be done is improve and strengthen the laws, human resources and welfare of existing agencies.

“The Government should oversee the welfare of law enforcers. Go and see the conditions of police barracks. They are poorly maintained,” he said.

Dzulkifli urged the Government to re-examine the salaries and housing schemes of law enforcers.

“If we want to decrease corruption and abuse of power in enforcement agencies, the problem will not be solved if law enforcers do not have their welfare taken care of.

“I will defend them (law enforcers) when needed, and take action against them (if they do wrong).

“But we also need to see the state of their welfare,” he told reporters at a corruption-free pledge signing ceremony in Sungai Petani recently.

“Forming a new department will be costly and require hiring new staff. Their scope of duties will be similar to (that of) other law enforcers,” he added.

And even in less-than-ideal circumstances, the MACC has continued with its crime-busting duty, its stats backing up its hard work. Up to last month this year alone, the commission has arrested 728 individuals, including 349 civil servants, 215 members of the public and 151 from the private sector.

So far, 316 people have been accused of corrupt practices this year. Nearly half of them – 155 individuals – are from the civil service. Last year, only 113 civil servants had the long arm of the law catch up with them.

MACC statistics reveal that 1,629 cases (up to last month this year) involved civil servants, compared to 2,008 the whole of last year, with 654 cases concerning members of the public and 174 involving those from the private sector.

Until September this year, 432 investigation papers were opened against civil servants, compared to 526 last year. Half of that figure – 215 – implicated members of the public, 102 members of the private sector, and seven from other categories, including politics.

Up until last month, 756 investigation papers were opened.

Low said the Cabinet has given the green light for the setting-up of JITN to serve as a coordinating body to lead transformational changes in the public and private sectors.

He said the department would focus on good governance, integrity and human rights. How it will co-exist with Suhakam (Human Rights Commission of Malaysia) is something which needs explaining.

JITN received the Cabinet’s nod on July 28, and is currently under review by the Public Service Department pending final approval. The department was previously a division under Low in the Prime Minister’s Department.

There isn’t much the MACC can do now since the Cabinet has already approved the move.

But what the Government should consider doing is to beef up the MACC where manpower and resources are concerned, given the flurry of cases flying its way.

By Wong Chun Wai The Star

Wong Chun Wai began his career as a journalist in Penang, and has served The Star for over 27 years in various capacities and roles. He is now the group's managing director/chief executive officer and formerly the group chief editor.

On The Beat made its debut on Feb 23 1997 and Chun Wai has penned the column weekly without a break, except for the occasional press holiday when the paper was not published. In May 2011, a compilation of selected articles of On The Beat was published as a book and launched in conjunction with his 50th birthday. Chun Wai also comments on current issues in The Star.


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