Introduction
Environmental issues in Malaysia are abundant, ranging from
polluted rivers to de-forestation. Malaysia's need for proper
enforcement of environmental laws is dire and needed
immediately.
The primary piece of legislation governing Malaysia's
environmental policies is the Environmental Quality Act 1974 (Act
127) that seeks to prevent environmental pollution and enforce
action against those who act contrary to Act 127. In the case of
Lim Kiat Aik v Public Prosecutor, 1 the High
Court's tenacity in treating environmental offences with due
severity was seen through the Court's unwillingness and refusal
to grant bail to an offender.
Facts
The applicant in this case was charged under section 124K of the
Penal Code alongside three charges under the Environmental Quality
Act 1974 for discharging pollutants, and two charges under the
Water Services Industry Act 2006 for discharging noxious substances
into the sewerage system. The applicant applied for
