fbpx
Connect with us

News

The Inconsistent Law Allowing Local Councils in M’sia to Kill Stray Dogs by Shooting Them With Firearms

Published

Feat Image Killing
Source: My Forever Doggo | Instagram

Follow us on Facebook, Youtube, Twitter, and Instagram for the latest stories and updates daily.

The killing of a stray dog, affectionately known as ‘Kopi’, in Besut, Terengganu, sparked outrage nationwide last month as the local council, the Besut District Council (MDB), shot it using a firearm, which many animal rights activists branded as inhuman.

Despite the backlash received, including a civil suit by a coalition of animal rights groups, MDB stood firm, with its president Mohd Sukeri Ibrahim refuting the allegations thrown against the council, saying that its enforcement officers adhered to established standard operating procedures (SOPs) in the killing of ‘Kopi’. 

Screenshot 81

Some one month later, we’re still in the dark about whether proper SOPs were followed in the killing of ‘Kopi’, but the incident did put a spotlight on existing laws regarding the killing of animals, which unfortunately allows for local authorities, such as MDB to use firearms to shoot stray dogs for animal control.

Screenshot 82

Here’s everything you should know:

 

The Animal Welfare Act 2015

Speaking to WORLD OF BUZZ, Nur Diyanah Adilah, a Legal Associate at Kuala Lumpur-based law firm ADIL Legal, shared that the most relevant legislation on the killing of stray dogs in Malaysia is the Animal Welfare Act 2015.

Specifically, Section 30(1) of the Act below established that it is prohibited for any person to kill by way of shooting with firearms any dog unless it’s authorised by the veterinary authority during emergencies or for disease control.

Image 18 1

Diyanah added that those who commit an offence under this provision may face a fine between RM20,000 and RM100,000 or imprisonment of up to 3 years or both if convicted, which is prescribed under Section 30(4) of the Act.

Image 19 1

However, subsection 2 below provides a list of exceptions in which the killing of dogs using firearms is allowed.

Image 20 1

In the case of MDB’s killing of ‘Kopi’, subsections 2(d) and 2(e) are the most relevant, with the former saying that the killing of any dog by way of shooting with firearms is allowed if the killing is done to prevent an imminent danger to the life or limb of a human being, while the latter said that it is allowed for animal population control by any authorised authority under any written law.

Diyanah said that subsection 2(d) might be relevant as MDB claimed that the stray dogs in the area, including ‘Kopi’, had turned aggressive and harassed pedestrians. Hence, it could be argued that an imminent danger to the life or limb of a human being had occurred.

 

The Dog Licensing By-Laws (Besut District Council) 1990

As for subsection 2(e), Diyanah revealed that a by-law introduced 34 years ago by the Terengganu State Government under the Local Government Act 1976 essentially allows MDB to kill stray dogs such as ‘Kopi’ by way of shooting using firearms.

The by-law in question is the Dog Licensing By-Laws (Besut District Council) 1990, in which Section 9(2) of the by-law below prescribes that any licensed or unlicensed dog whose owner can’t be found can be killed or otherwise disposed of as instructed by the council president or an authorised officer.

Image 21 1

Circling back to Section 30(2)(e) of the Animal Welfare Act 2015, the Dog Licensing By-Laws (Besut District Council) 1990 is the written law allowing for the killing using firearms for animal population control by any authorised authority, which in this case, is MDB.

 

The problem with the aforementioned law and by-law

With all of that established, there are several issues regarding the aforementioned legal provisions.

Firstly, while Section 30(2)(e) of the Animal Welfare Act 2015 allows for firearms to be used to kill dogs for population control, there is no provision in the Dog Licensing By-Laws (Besut District Council) 1990 which mentions that MDB can use firearms to cull or dispose of a stray dog. 

Moreover, the Dog Licensing By-Laws (Besut District Council) 1990 doesn’t prescribe any SOPs for culling stray dogs. Instead, the SOPs for local councils to handle stray dogs were set by the Ministry of Housing and Local Government (KPKT) back in 2014 and can be accessed here.

Image 22 1

In the SOPs, local councils must catch stray dogs using proper techniques and afterwards, keep them in pounds that adhere to certain specifications. The disposal of these stray dogs can only be done after a set period of time and if no claim against them was made.

KPKT’s SOPs also established that the stray dogs will only be euthanised via injection by a veterinarian officer or an authorised, trained officer at the local council.

More importantly, KPKT doesn’t have SOPs that involve killing stray dogs by shooting using firearms.

Hence, you can see that the laws, by-laws and SOPs are not consistent with each other. For now, let’s hope that with the spotlight on the killing of ‘Kopi’, the relevant authorities will have the political will to improve the relevant laws and regulations so that such a controversy will not happen again.

In the meantime, do share your thoughts about the whole situation in the comments!

 

Also read: M’sians Call For Action Following Discovery of Pit Full of Dead Stray Dogs & Puppies in Perak

Dogft

Follow us on Facebook, Youtube, Twitter, and Instagram for the latest stories and updates daily.



Just In

Collage 11 2 Collage 11 2
News6 mins ago

Tokyo Will Make Daycare Free for All Preschool Children Next Year to Address Low Birth Rates

While many developed countries are facing low birth rates, Japan’s situation is especially dire, with the population steadily declining for...

My Post 3 2024 12 13T105120.758 My Post 3 2024 12 13T105120.758
News1 hour ago

21yo Girl Dies in Superbike Crash After Surprising Mum in Genting, BF Apologises at Her Funeral in a Wheelchair

A 21-year-old girl has passed away in an accident after having surprised her mother during a trip to Genting on...

Collage 10 2 Collage 10 2
News2 hours ago

Mother Tragically Killed & Car Roof Completely Torn Off After Myvi Driver in His 20s Crashes Into Her

On December 11, a 46-year-old woman tragically lost her life in a car accident in Kota Kinabalu, Sabah, where the...

Collage 68 Collage 68
News19 hours ago

2 Tourists Tragically Killed in Bali After Tree Collapsed on Top of Them

Two tourists were confirmed dead in Bali, Indonesia after being crushed by a tree.  The tragic incident took place at...

Collage 67 Collage 67
News20 hours ago

MISSING: 15yo Boy Was Last Seen Leaving His Home in Shah Alam at 6am on Dec 10

A Malaysian father is seeking help from the public to look for his 15-year-old son who recently went missing in...

My Post 1 2024 12 12T151050.764 My Post 1 2024 12 12T151050.764
News21 hours ago

Hannah Yeoh: Code for Athlete’s Clothing Will be Drafted to Prevent Upside-Down Flag Incident in Future

Just today, we reported that badminton sporting brand, Victor, had apologised after Lee Zii Jia’s jersey at the 2024 BWF...

Collage 8 2 Collage 8 2
News22 hours ago

Kajang Prison Inmate Becomes First to Earn PhD Behind Bars, Receives Royal Pardon from Selangor Sultan

The Prisons Department has announced that Murad (not his real name), a PhD holder in Business Administration, has been granted...

My Post 1 2024 12 12T112712.955 My Post 1 2024 12 12T112712.955
News1 day ago

Badminton Brand Issues Apology After Lee Zii Jia’s Jersey was Spotted with Upside-Down Malaysian Flag

Chaos erupted on social media after Malaysian shuttler, Lee Zii Jia, was seen wearing a jersey with an upside-down Malaysian...

Announcement

Latest Videos



TRENDING TODAY