UNIVERSITI MALAYSIA SABAH

FACULTY OF ENGINEERING

HK03 CHEMICAL ENGINEERING PROGRAM

SEMESTER 1, 2017 / 2018

KC08803 ETHICS AND LAWS FOR ENGINEERS

ASSIGNMENT 8 : CASE STUDY ON FIELD VISIT TO KOTA KINABALU PRISON

LECTURER : DR JIDON ADRIAN JANAUN

NO NAME MATRIC NO
1. ANEESCH PREETHA A/P VIDA NAIGAM BK 13110587
2. JASHERA REDDY A/P N.RAVINDRAN BK 14110124
3. JASHVINI A/P GUNASEKARAN BK 14110125
4. NAANDINI A/P LINGANATHAR BK 14110169
5. SAVITRA LAKSMI A/P VEJAYAN BK 14110213
 TABLE OF CONTENTS

TABLE OF CONTENTS.................................................................................................... 1
EXECUTIVE SUMMARY -(Savitra) .................................................................................... 2
1.0 Introduction -(Naandini)........................................................................................... 3
1.1 Case Study -(Naandini) ......................................................................................... 3
2.0 Related Act. -(Jashera) ........................................................................................... 5
2.1 Dangerous Drugs Act 1952 (Revised 1980) -(Jashera) ............................................. 5
3.0 Punishment for the Crime / Offence -(Jashvini) .......................................................... 7
4.0 Condition of the Prison Cells -(Aneesch) .................................................................... 9
5.0 Conclusion and Lesson Learnt from the Visit -(Savitra) .............................................10
5.1 Future Recommendations from the Visit -(Savitra) .................................................11
REFERENCES ...............................................................................................................12

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 EXECUTIVE SUMMARY -SAVITRA

This report is about the visit to Kota Kinabalu Prison on 19 December 2017. We left Faculty
of Engineering (FKJ) around 1.30 pm and reached the prison after 40 minutes. Firstly, we
were given briefing by the Head of Officer of the Prison. He gave the introduction about the
prison, the amount of prisoners in the prison and the types of crimes or offences they had
committed. Moreover, he also explains clearly the types of punishments for each offences
accordingly and finally answers all the questions that have been asked by us. After that, the
session was taken over by SUPT. En. Mohd. Redzualan Yunus where he gives the summary
of the organisation and introduce all the police officers and their responsibility as well.

Following that, the dress codes according to the degree of crimes of the prisoners
were explained. Other than that, he also gives insights on the awareness of the scams
messages and emails that can end us up behind the bars if we happened to respond to
those messages and emails without validating the information or the senders identity. Then,
he ended the session by stating all the rules and regulations that the prisoners should obey
while they are in the prison.

Furthermore, this report discusses the case study regarding the drug- based
offences, the related acts and the punishments accordingly. Apart from that, the condition of
the prison cells is also discussed where the prisoners suffer from lack of freedom and basic
necessity as well. Lastly, the lesson learnt from this visit has been discussed and it is related
to the Code of Ethics for Engineers. Furthermore, a suggestion which is from our personal
opinion from the visit has been recommended relating to the growth of the nation and the
well-being of the public.

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 1.0 INTRODUCTION -NAANDINI

By the year 1983, the severity of the drug related issues was declared as national
emergency by the Malaysian government. Those who were caught trafficking drugs or
consuming drugs were convicted based on the amount of drugs they had in their
possession. Since the possession of drugs is a serious offence in Malaysia, rules and
regulatory such as Dangerous Drugs Act 1952 were implemented to control the import,
export, manufacture, sale and use of dangerous drugs and other similar.

In Malaysia, the highest form of punishment for drug-related offences is capital

punishment. The punishment is applied to all convicts caught trafficking drugs in Malaysia
regardless of the person’s original nationality. Examples of cases which involves capital
punishment for foreigners were Kevin John Barlow and Brian Geoffrey Shergold Chambers
and also Uzbekistan nationals who were caught trafficking more than 10kg of
methamphetamine. (7 things to know about drug laws in Malaysia, 2010 – 2015)

However, the number of drug-related cases still continue to rise despite the strict
laws in Malaysia. Any person caught in possession of at least 15 grams of heroin or 200
grams of cannabis will be convicted. The statistics of the number of drug users reported by
the National Drug Agency Malaysia in 2006 was around 22,811 drugs users and 12,430
people were repeat offenders. (7 things to know about drug laws in Malaysia, 2010 – 2015)

1.1 CASE STUDY -NAANDINI

Our case study will be related to drug- based offences. The Borneo Post Online reported on
August 16, 2017 that the Sabah Police Department caught a drug syndicate who attempted
to smuggle 7.2 kilograms of methamphetamine or, commonly known as “syabu” which was
worth RM500, 000. The incident took place in the state of Kota Kinabalu, whereby the police
department caught him red-handed in Kota Kinabalu International Airport (KKIA).

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 Sabah Police Commissioner Datuk Ramli Din said that rise of crimes in the state were
contributed by the drug activities which was due to the increase in the number of drug
cases in Sabah. He also mentioned that there have been 92 drug cases under Section 39B of
the Dangerous Drugs Act 1952 in year 2017 compared to the previous year in 2016 which
was only 52 cases. This also implies that number of drug traffickers in 2017 were higher
than in 2016, whereby the Sabah Police Department arrested 166 people for drug
trafficking. (Another drug ring busted, RM500,000 syabu seized, 2017)

This incident is supported and justified by the information we have received during
the prison trip. During the prison visit, we have found out that there were many prisoners in
the Kota Kinabalu Prison who were involved with drug trafficking issues. Based on the
statement given by the police officer, he mentioned that the highest number of drug-related
cases involved drug-traffickers who were trafficking methamphetamine. According to the
police officer, up to now, the total number of prisoners in the Kota Kinabalu prison is around
2800, whereby 2500 of them are males and 300 of them are females. Out of the 2800, 800
of them were involved with drug-related offences. Also, we have obtained insights from the
police officer that there were dress codes based on the degree of crime committed by the
prisoners. There are about 5 colors of dress codes which is purple, white, blue, red, and
green. For the purple color dress code, it is used for convicts who are still undergoing trial in
court.

As for the white color dress code, it used for convicts who are sentenced for
punishment less than six months. According to the police officer, these type of prisoners will
have to undergo a rehabilitation program before being released. As for the blue color dress
code, it is used for convicts who are sentenced to life in prison whereas the red color dress
code is used for convicts who are sentenced to punishment in prison for more than 6
months. As for the green color dress code, it is used for convicts who are undergoing
punishment in prison after 3 months until 18 months. In ethics point of view, the issue of
drug abuse involves both individual and social perspectives, whereby individual rights, as
well as the national sovereignty and international control can be debated upon.

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 2.0 RELATED ACT -JASHERA

The crime involved is possession or trafficking of drugs such as methamphetamine. These

drug related crimes come under Dangerous Drugs Act 1952. The accompanying regulation is
the Dangerous Drugs (Special Preventive Measures) Act 1985 which describes the provide
for the preventive detention of persons associated with any activity relating to or involving
the trafficking in dangerous drugs.

For crimes such as delegating property of or for any terrorism group or terrorists is
can be charged under Penal code section 130 Q(1). For acts of support for terrorism of
terrorist group, they can be charged under Penal Code section 130 I (1) (A).

2.1 DANGEROUS DRUGS ACT 1952 (REVISED 1980) -JASHERA

This act is consist of seven parts. The part six of which has been deleted during the
amendment. The act also contains 50 sections that makes up the six parts of the act. There
has been about 47 amendments. The six parts of the Dangerous drugs Act describes the are
interpretations, control of raw opium, coca leaves, poppy straws and cannabis , control of
prepared opium, cannabis and cannabis resin , control of certain dangerous drugs, control of
external trade, ancillary and general provision.

Three different types of criminal act can be simplified for drug related problems.
Firstly, is the self-use or self-administration. This is the crime where an individual using the
drugs for themselves or self recreation. Compared to the rest of the criminal acts this is the
act of least criminal degree. The convicted person may be fined for up to Rm 5000 or serve
jail time for two years. This violates section 15 of the Dangerous Drugs Act 1952 (Revised
1980).

Next, is the possession it is governed under the section 6 or section 12(2) of the
Dangerous Drugs Act 1952 (Revised 1980). The term possession refers to the conviction of
the individual who have or carry the said drug. The punishments vary for degrees of
quantities and type of drugs. The ranges of punishment is from being fined, serving jail time
to being condemned to life sentence.

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 The highest degree of crime is for drug trafficking. This is crime if proven guilty
comes with a mandatory death penalty. But heavy proof or conviction of the prosecutors is
absolutely necessary to be executed. The term trafficking is defined as manufacturing,
importing, exporting, keeping, concealing, buying, selling, giving, receiving, storing,
administering, transporting, carrying, sending, delivering, procuring, supplying or distributing
any dangerous drug. The detailed definition should help in narrowing down the issue.

Specifically for methamphetamine, the conviction can be made for subject matter
that is more than 5 grams in weight. In section 37, the act of presumption is described. This
describes the proceedings where any person found with 50 grams or more methamphtemine
can be directly presumed as trafficking the said drugs.

Amendment of section 38 B of the Dangerous Drugs Act 1952 states that person
found guilty of the offence of section 15 shall be immediately undergo punishment that is
supervised by an officer under section 2 for drug dependants (Treatment and Rehabilitation)
Act 1983 for a period of not less than two and not more than three years or as needed by
court.

The punishments that are being executed in the Kompleks Penjara Kota Kinabalu,
basically divided into 4. The fine, canning, death sentence, daily punishments. The officers
execute the punishments based on the word of the court. In this case, the word of
Mahkamah Tinggi for the respective offences based on the law. For the acts relating to the
conduction of prison, the Kota Kinabalu Prison Complex use Prison Act 1995, Prison
regulation 2000, and United Nations Standard Minimum Rules for the Treatment of Prisoner.

The Prison Act 1995 is an act where consolidation and amendment of laws relating to
prison and prisoners and related matters are discussed. The United Nations Standard
Minimum Rules for the Treatment of Prisoner are rules adapted in order not violate the
human rights of prisoners or inmates. This rules constituted universally acknowledged
minimum standards for the treatment of prisoners, and probably represent the most well-
known amongst the United Nations standards in crime prevention and criminal justice.
Despite their legally non-binding nature, the rules have been of tremendous importance
worldwide as a source of inspiration for relevant national legislation as well as of practical
guidance for prison management.

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 3.0 PUNISHMENT FOR THE CRIME / OFFENCE -JASHVINI

As Kota Kinabalu Prison houses inmates from various crime backgrounds, drug dealing is
known to be the monopolizing crime among the inmates. Methamphetamine (shabu/syabu)
is the most illicitly trafficked drug which will be used for recreational purposes. The
jurisdiction regarding capital cases such as drug cases will be dealt in High Courts. Those
who have been prosecuted for drug dealings can appeal to the Court of Appeal or Federal
Court against their convictions. As the final resort, the convicted is allowed to plead pardon
for clemency. Pardons or clemency are usually granted by means of the Ruler or Yang di-
Pertua Negeri (Governor) of the state in which the crime was committed or by the Yang di-
Pertuan Agong should the crime be committed inside the Federal Territories. Should the
convicted be a pregnant woman at the time of jurisdiction, she could have her penalty
reduced to life sentencing instead of death penalty.

The presumption is that someone might be considered to be trafficking drugs if

they had been in possession of a positive quantity of some of the risky pills such as “meth”
in this case. Under section 398 of the Dangerous Drugs Act, those who have been
prosecuted to have 15 g or extra heroin and morphine; 1,000 g or extra opium
(uncooked or prepared); 200 g or extra cannabis; and 40 g or more cocaine in possession
will obtain the mandatory death penalty. The death penalties are usually carried out on
Fridays for Muslims after their morning prayers meanwhile Non-Muslims will undergo the
mandatory death penalties on Wednesdays in Kota Kinabalu Prison. This penalty can only be
carried out authorized team.

The courts have asserted that in order to establish evidential drug trafficking, it must
be proved that the convicted indeed possessed the drug and that the person will have to
acknowledge that they were in possession of the harmful drug. As soon as the death penalty
has been passed, the sentence shall be authorized to the chief minister of a state in which
the judgment was handed whereby the evidences collected along with report on judge and
juries opinions will be included. The minister is highly authorized in choosing place and time
for the punishment to be executed or can substitute with lesser punishment if he chooses
to.

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 The courts even though have mentioned the severity of the sentence,
in several instances they have attempted to impose a lesser sentence whenever possible.
Under section 15 of Dangerous Drugs Act, self-administration of drugs is lesser serious
compared to possession of drugs and trafficking of drugs. This offence is usually proved with
assistance from chemical tests that will be conducted on urine or blood samples of the
prosecuted and the convicted usually will be charged with a fine of not more than RM5, 000
or 2 years in prison. Next, release on bail is not possible under section 41B (1) of Dangerous
Drug Act, if the offence can be charged with death penalty, five years in prison or both
(Leaves & Resin, 2003).

Under section 6(B), offence of planting weed could lead to life imprisonment and
caning punishment of not less than six times. The caning is usually carried out on Thursdays
in Kota Kinabalu Prison. Under the Child Act, juveniles between the age of 10-12 will be sent
to court for children hearing before getting probation or sometimes they will be sent to
attend recovery programme or widely known as “program pemulihan” in Kota Kinabalu
Prison. There are four phases under this programme in Kota Kinabalu Prison with the first
focusing on disciplinary formation for 3 months, the second phase concentrating on
personality build-up for 6-12 months, the third phase focusing on skills improving
programmes and the final phase concentrating on pre-release period.

Meanwhile, offence of drug trafficking will only be charged with mandatory death
penalty and the convicted has to be proved to have performed the offence before sentence
is given. Legal definition of trafficking of drug has been explained under section 2 of
Dangerous Drug Act, whereby “trafficking” of drug includes acts of manufacturing,
exporting, smuggling, buying, selling, transporting, sending, supplying or distributing of any
dangerous drugs.

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 4.0 CONDITION OF THE PRISON CELLS -ANEESCH

Following the recent field visit to Kota Kinabalu Prison on 19 December, a case study
regarding drug trafficking and abuse is chosen since it’s one of the most committed crime in
Kota Kinabalu. There are a total of 46 cells and 21 dormitories in the prison. There is also 1
observatory tower and 6 units of SMARTCOM cameras installed in the prison. In Kota
Kinabalu prison, the prisoners are separated by their gender, and for those who do not have
a gender, they are also separated from the rest. This is for the safety of the inmates.

For the inmates, only a mattress is provided in their cell as sleeping on the bare floor
would result in back pain and illnesses. The mattress is just the ordinary one with less than
an inch thickness. They are not allowed to bring any magazines, cigarettes, cameras,
alcohol, drugs, knife or any type of gun. There is a toilet facility in each cell for the inmates.
The toilets are the squatting type toilets. Since Kota Kinabalu prison is quite old (built in
1953), a modern type toilet is not available. They are actually responsible for the cleanliness
of their cell and the toilet. So, most of the time, cleanliness will be an issue where the cells
would give out some bad odour.

According to the police officer, a new prison is to be built in Lahad Datu with latest
facilities. The inmates do not have any source of entertainment in the prison cells, except
for the books provided. According to the police officer in the field visit, the inmates at times
would finish off reading the books and ask for more books. In brief, since they do not have
any entertainment, they spend their time reading in their cells. Also, there is no electricity in
the prison. So, at night they do not have any choice other than to sleep. This means a fan is
also an unseen facility for them.

As for inmates with a position in the society, like for instance ‘Dato’ title, they have a
little advantage over other prisoners, where they get to sleep on a mattress 1 inch thicker
than the rest. Theirs is the ‘Single Cell’. This simply means, they get to sleep in their cell all
by themselves. They have their own privacy. Also, the wardens and police officers mostly
would still call them by their title. However, they still follow the rules of the prison just like
the rest. In the prison, everyone gets a tray to collect their food. They are given 4 meals a
day. They have their own clinics, including a dentist, psychologist and 3 pharmacies. There
is also a stall which sells dry food. To conclude, the prison is just like a hostel, except for the
fact that they don’t have most of the facilities, and also mainly freedom.

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 5.0 CONCLUSION –SAVITRA

From the prison visit on 19 December 2017, we have come to know that the condition and
the life of prisoners living in the prison. Basically, the prisoners suffer from lack of freedom
and also proper basic facilities needed for their everyday life. Apart from that, we also came
to know the punishments of each and every crimes or offences where we have taken one
case study which is drug-based to be discussed about the related acts and punishments for
it. Hence, from the visit we have learnt the type of offences where we can end up in jail.

This was well explained by one of the police officer during the visit that normal
people who has no any intention to commit crimes or offences can end up in jail as well by
just responding to emails that is not verified by the Royal Malaysia Police (RMP) regarding
some contributions to the needy or any other people around the world who are in need.
Therefore, as public we should always be aware and careful of this kind of scam and
unofficial messages where we should always verify the information or senders identity
before replying those messages because this could end us up behind the bars.

Relating to the Code of Ethics, as an engineer we should always avoid deceptive acts
and conduct ourselves honorably, responsibly, ethically and lawfully in order to prevent
committing a crime. Examples of deceptive acts that can be done by engineers will be
accepting or giving bribery either directly or indirectly, forging documents, reports, data or
statements, falsifying their qualification or permitting misrepresentation of their associates’
qualifications. This kind of unethical acts can be declared under offences and we can be
punished or charged from committing these offences as well. Hence, we as future engineers
should follow the Code of Ethics and should not commit any offences or acts against the
code in order to avoid ending up in the jail.

Apart from that, ending up in jail does not stop the prisoners from studying or their
education life. There are graduates from degree level, master’s degree and also PhD as well
from the prison who continue their study while living their life in prison. They are given
books to study from their family members and they are allowed to sit for important exams
like SPM.

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 5.1 FUTURE RECOMMENDATIONS -SAVITRA

From the visit, we came to know that actually there are high amount of prisoners in the
prison which is around 2800 in Kota Kinabalu Prison until now. As a whole, there are 51,602
prisoners in Malaysia including remand prisoners (World Prison Brief, n.d.). Hence, from
having a high amount of prisoners in our country, we can make them as a source of man
power for the nation’s economic growth. We suggest that instead of importing foreign
workers and paying them for man power purpose, we can make the prisoners as workers for
the construction sites or any other heavy duty works in our country. From this, we can
reduce the amount of foreign workers in our country and at the same time use the prisoners
as the main source of man power so that they will also have the chance to contribute to the
growth of the nation instead of just sitting in prison and doing things which is not beneficial
to others. We are paying tax to the government that includes the survival fees of the
prisoners in the prison. Hence, we think the prisoners should contribute to the country as
the main source of man power.

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 REFERENCES

7 things to know about drug laws in Malaysia. (2010 – 2015 ). Retrieved from POSKOD.MY:
http://poskod.my/cheat-sheets/7-things-know-drugs-laws-malaysia/

Another drug ring busted, RM500,000 syabu seized. (AUGUST, 2017). Retrieved from
BORNEO POST ONLINE: http://www.theborneopost.com/2017/08/16/another-drug-
ring-busted-rm500000-syabu-seized/

Drug Abuse In Kuala Lumpur, Malaysia. (MARCH , 2015 ). Retrieved from UKESSAYS:
https://www.ukessays.com/essays/criminology/drug-abuse-in-kuala-lumpur-
malaysia-criminology-essay.php

World Prison Brief. (n.d.). Retrieved from http://www.prisonstudies.org/country/malaysia

Leaves, C., & Resin, C. (2003). Part iii -Control of Prepared Opium, Cannabis and Cannabis
Resin. Dangerous Drugs Act 1952 (Revised 1980), 1952(Revised 1980). Retrieved from
https://www.pharmacy.gov.my/v2/sites/default/files/document-upload/dangerous-
drugs-act-1952.pdf

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