Speaking to FMT, former Bar Council president Salim Bashir said public servants must adhere to the Public Officers (Conduct and Discipline) Regulations 1993. Any breach of these rules could result in internal action for misconduct, he said.
“Regulation 19(1) prohibits public statements that could undermine government policies or decisions without explicit permission from the minister in charge of the particular portfolio,” said Salim.
“In general, any form of public suggestion by government servants may fall under this prohibition.”
In August, federal territories minister Dr Zaliha Mustafa said 27 civil servants faced disciplinary action under the same regulation for making unauthorised public statements last year.
Salim was commenting on Kelantan police chief Yusoff Mamat’s refusal last week to back down on his proposal to punish both parties in statutory rape cases. He said there was no need for him to apologise or withdraw his statement as he was only expressing his personal opinion.
Salim, however, said Yusoff’s remarks might also be viewed as a professional perspective from a frontline enforcement officer.
“He may have been speaking from direct experience in dealing with sexual offences involving minors. In that sense, it should be regarded as a scholarly suggestion, not as an attempt to challenge policy,” he added.
Meanwhile, lawyer SN Nair stressed that police officers represented the institution, and not themselves, when speaking in public.
“When a police officer wears the badge and carries the coat of arms of the Royal Malaysia Police, he is entrusted with representing the institution, not his personal views.
“While private opinions are his right, they should not be expressed publicly while in service. Such expressions risk being perceived as the official stance of the force and may undermine discipline,” he said.
Nair added that the role of the police was to enforce the law – and not to make, interpret, or advise on it.
Yusoff had proposed that girls involved in consensual underage sex be charged alongside their partners, arguing that most statutory rape cases in Kelantan were consensual and that prosecuting only boys was unfair.
His remarks drew criticism from child rights advocates and legal experts, who stressed that under the Penal Code, sexual intercourse with a child under 16 is rape, regardless of consent.