KUCHING: Two foreign nationals were each fined a total of RM14,300 in default nine months imprisonment here Tuesday for taking and attempting to remove wild plants from the Santubong National Park without permission.
Sessions Court Judge Iris Awen Jon imposed the fines on Taiwan national Shih Kuan-Yu, 37, and Chinese national Sun Dayong, 30, after both pleaded guilty to three charges.
On the first charge, each was fined RM3,500, in default three months’ imprisonment, while the second charge carried a fine of RM3,800, in default three months’ imprisonment.
On the third charge, each was fined RM7,000, in default three months’ imprisonment.
The first charge stated that they had taken plants from the Santubong National Park at about 1.50pm on Sept 3 without permission from the Controller of National Parks and Nature Reserves.
They were charged under Section 26(c) of the National Parks and Nature Reserves Ordinance 1998, read together with Section 32(a) of the same Ordinance.
The second charge alleged that they had attempted to remove plants from the national park without permission, in contravention of Section 26(f) of the same Ordinance, read together with Section 32(a) and Section 38 of the Interpretation Ordinance 2005.
The third charge involved the possession of one plant belonging to the Orchidaceae species, categorised as a protected plant under the Wild Life Protection Ordinance 1998, without a licence.
They were charged under Section 30(2) of the Wild Life Protection Ordinance 1998.
Three park rangers conducted an inspection after the two men were suspected of taking and collecting wild plants within the national park.
Both men were unable to produce any document, licence or permit issued by the Controller of National Parks and Nature Reserves or the Controller of Wild Life for having the said items.
During mitigation, Shih, a first offender and a master’s degree student in aquaculture from Taiwan, told the court that he had been hiking at Santubong with Sun when they came across the plants near a river.
He said he found the plant beautiful and attractive and intended to take it as a gift for his friends.
Shih expressed regret, saying he was unfamiliar with Malaysian laws and acknowledged that he should not have taken the plant.
He also told the court that he wished to continue his studies.
Sun, also a first offender, said he was in Sarawak as a tourist and had been hiking with Shih when they discovered the plants.
He said he similarly intended to take some of the plants as gifts for his friends and claimed he was unfamiliar with local laws and regulations.
Sun told the court that he had to return to China to care for his elderly parents, who were suffering from heart problems, and that he had been scheduled to leave Malaysia on Sept 7.
He said he and Shih were friends who had met through social media and that they had committed the offence unintentionally.
Prosecution officers Mohammad Mazidul Mis and Beatrice James appeared for the prosecution.
Both of the accused, were unrepresented during the court proceedings.
