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Whipping law needs in-depth study

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IN DEMAND ... Highly demanded by foreign collectors, helmeted hornbills might become scarce.

KUCHING: Any proposal to impose mandatory whipping of wildlife poachers and smugglers should be properly articulated in the social context before implementation.

Forest Department Sarawak director Hamden Mohammad when contacted yesterday said while a law might be necessary to provide for the punishment to protect the state’s wildlife, it needs more details and discussions, not just by experts but also stakeholders directly affected by the enforcement.

“Please bear in mind that in Sarawak, wild animals, birds and fish are still major sources of protein for most of our people living inside or near to forests in remote areas,” he said.

ENDANGERED … Helmeted hornbills are hunted for their high sales value.

Besides this particular consideration, Hamden also argued that not all wildlife-related offences should be penalised by whipping.

“Perhaps the law could be worded to provide for whipping in cases involving endangered species and certain species such as tigers, orang utans, elephants and rhinos,” he said.

Noting that Sarawak differs from Malaya in various aspects, he suggested that the law should contain specific descriptions of offenders and their offences in order to eliminate ambiguities or grey areas.

CASQUES … Historically, a casque is a helmet. It can also be an object resembling a helmet just like the one on the bill of a hornbill or the head of a cassowary (a large flightless bird of New Guinea).
IN DEMAND … Highly demanded by foreign collectors, helmeted hornbills might become scarce.

He then spoke of the need for public education on the matter before and after enforcement has started so as to raise widespread public awareness.

He reasoned that an educated public would not be resentful when the law is fully enforced.

Hamden felt that for the law to be properly and successfully enforced, sufficient fund ought to be allocated besides providing the required number of boots on the ground.

Currently, in Sarawak, the Wildlife Protection Ordinance 1998 provides for a maximum fine of up to RM50,000 and imprisonment of not more than five years for those found guilty of hunting, killing, capturing, selling, offering for sale, importing, exporting or possessing any protected or totally protected animal.

For some totally protected animals such as the rhinoceros, the penalty is five years’ jail and a fine up to RM50,000, while for protected animals, the offender is liable to two years’ jail and a RM25,000 fine.

Hamden further pointed out that the state government has gazetted over 226,000 hectares as wildlife sanctuaries. These include the Lanjak Entimau, Samunsam, Semenggoh Wildlife Centre, Matang Wildlife Centre, Sibuti, Tukun Banun and Sungai Jelangai.

“The public are prohibited from entering these areas except Semenggoh and Matang Wildlife Centre. Only researchers with legal permits are allowed to go in,” he said.

When told about an allegation that Kuching Airport is one of the main gateways for the smuggling of helmeted hornbills to China and Taiwan, he said, “So far this year we haven’t had any case at Kuching airport. I think these are just allegations.”

It was reported recently that airports in Sarawak and Sabah, especially Kuching and Kota Kinabalu are being used as the main gateways to smuggle out ‘red ivory’ (as the hornbill casques are called) to serve collectors in China and Taiwan who are willing to pay anything between US$80 and US$100 for each casque.

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