The Year of the Dragon is just around the corner, which means it's time for reunion, celebration, and... vice?
You'd probably have an inkling that certain CNY practices are probably illegal, but that thought has never stopped us from having a happy CNY! 😤
I mean, during this festive season, we tend to get overexcited and do more things that we usually wouldn't. (Oops!) So, let's explore some of these things that might or might not land you in hot soup.
Number 3A will blow your mind, literally!
1. Bribing the Police
Every festive season, the police step up enforcement on highways (to catch all you naughty naughty people breaking traffic rules!). Imagine (or sure enough), you get stopped for something.
The cop asks you to wind down your window and tells you that you have broken the law, and three possible scenarios ensue:
Scenario #1
Police: "Settle sini atau dekat balai?"
You: "Settle sini la. Berapa?"
We all know that settle sini is code for bribery, and obviously the police officer is in the wrong for soliciting the bribe under the Penal Code and the MACC Act.
But what about you?
Take for example, the recent viral incident where a cop was caught on camera soliciting a bribe from a British couple who innocently gave the bribe. Strictly speaking, the British couple would be accomplices for giving the bribe right?
However, if you give section 52(1) of the MACC Act a read, being a witness to corruption ≠ being an accomplice just because you gave in to the cop's request for some duit kopi.
But this is not a free pass for you to promote a culture of corruption though!
Scenario #2
Police: "Settle sini atau dekat balai?"
You: "Kasi saman saja, saya bayar kat balai"
Your hands are clean! But do you need to report the bribe? Technically, yes. Under section 25(1) of the MACC Act, everyone is under the duty to report a bribe if they witness it.
If you do report a bribe, the Whistleblower Protection Act would protect your identity because you have clean hands. But if you did give the bribe, like in the first example, your identity will not be protected.
Scenario #3
You: "Tuan, settle sini boleh ka?"
Please do not do this! Offering a bribe is against many many different laws that are available under the Penal Code for abetting a crime and the MACC Act for offering a bribe.
And to do it to a police officer? Well, you have got to be out of your mind!
Evil triumphs when good men stay silent.
Our indifference (i.e. agreeing to give bribes without a second thought) makes Malaysia the best breeding ground for corruption.
Corruption is rampant in Malaysia because police officers often get away with it with impunity. We have bred a culture where no one dares or cares to report corruption to the MACC, especially when whistleblower protection is minimum only.
But if we all, at least, refuse to participate in bribery this festive season, it will stop this cancer from eating away at the soul of our nation for the time being.
Here's a very interesting Telegram channel (Edisi Siasat) which purportedly exposes the deep corruption within the police force and the government. Reader's discretion is advised.
2. Driving Very Impatiently
Anyway, why did you have to bribe the police in the first place? Because you were going over the speed limit! Wait what, you drove on the emergency lane too?
With enforcement being stepped up and the many AES speed traps, you ought to know that speeding, driving on the emergency lane, and other traffic offences will land you a fine (or compound) of RM300 (usually). (Well you would've known this already if you watched the bribery video above hehe).
So, save the RM300 for spending your family a good meal! Look on the bright side if there's a traffic jam! Perhaps you could listen to some insightful podcasts if you're alone or spend the extra time in the car bonding with your family members, why not eh?
There's no need to get impatient on the road and risk getting into an accident. After all, it is always better to arrive late to the reunion dinner than never to arrive.
3. Texting and Driving
Most people know that it is illegal to text and drive, but did you know that this has been made a non-compoundable offence since 2023? Meaning that the offence is considered more serious that the police can't just issue you a normal fine or compound. Driving without a valid licence would fall under this category too.
You have to go to the magistrate's court to plead guilty (or not guilty if you want to go for a full trial to exculpate yourself).
Although the fine can go up to RM1,000 or an imprisonment of up to three years, remorseful first-time offenders are usually able to plead for a much lower fine before the magistrate. But if you are a repeat offender, tahu-tahu la.
So, don't panic if you see the words "YOU ARE HEREBY ORDERED to appear in person or by a counsel before Magistrate Court at...". Just dress smartly, attend court, and the magistrate would probably be pretty chill.
3A. Playing with Firecrackers
What is CNY without firecrackers right? Legend has it that firecrackers were used to ward off an ancient evil monster called Nian who would terrorise the people.
Even though practically every single Malaysians has played with firecrackers before, letting off firecrackers is actually a minor offence since 1955 (<RM100 fine). Making and selling them are more serious offences under the Explosives Act 1957, with a RM10,000 maximum fine and / or an imprisonment term of 7 years.
However, back in February 2023, the government actually announced that it would legalise firecrackers to put a halt to smuggling (yes, that was how your uncle bought those dragon eggs).
Now, more than a year later, there has been no development of it in terms of legislative changes (maybe due to the pushback from the announcement). However, vendors seem to be selling firecrackers a lot more openly recently.
So, is it actually legal? Only if you don't throw it into your neigbour's window! In any event, just remember to be safe if you're playing with firecrackers.
5. Gambling
A legendary ex-Prime Minister once said, "Orang Cina memang suka berjudi." Although it is a sweeping generalisation, you can't deny the fact that gambling is a very common CNY activity.
Gambling (outside of Genting Highlands and licenced 4D shops) is very much illegal, think: underground gambling dens, betting houses, and underground 4D. Operating one will land you a RM50,000 maximum fine plus a 7-year imprisonment. Participating it one will land you a RM5,000 fine and / or a 6-month imprisonment.
But you only gamble casually at home with your cousins right? Surprise, surprise! It is still illegal if you are playing blackjack with money. You're safe if no money is involved. (Is that why people play mahjong with tokens? In case the police comes. 🤯)
However, the police can't just barge into your grandmother's house and wish you Gong Xi Fa Cai, I mean arrest you. If the police suspects that your grandmother's house is actually Granny's Gambling Den, they would first have to obtain a warrant from the court before conducting a raid.
6. Underage Drinking
The drinking age in Malaysia was increased from 18 to 21 years old back in 2017, along with other regulations to control the consumption of alcohol. Why? Because alcohol can be very harmful.
You've probably seen or experienced some pressure to consume alcohol in CNY gatherings when you were younger, or you might've thought it was cool to drink because the older kids were doing it.
But it really makes no sense for some older relatives to pressure their younger cousins, nephews, or nieces to drink because "you have to be prepared to meet clients in the future" or worse, "you have to be a man!"
And drinking doesn't make one cool. It's quite literally ingesting poison just to be more socialable. Think about it, does one actually need to harm themself just to make a few friends?
So, don't pressure your relatives to drink this CNY! And if you happen to be a the receiving end, don't drink if you don't want to. It's okay to decline.
7. Drink Driving
Accidents caused by drunk drivers are a dime a dozen nowadays, and news of them can be super political, sensitive, and racially charged (so don't contribute to the divide even further by drinking and driving).
Drink driving is a very serious offence. Depending on the severity of drink driving (from failing the alcohol level test, to causing injury or death), one may be convicted with up to a 15-year imprisonment term plus a fine of up to RM100,000.
The prescribed limit of alcohol has also been reduced in 2020, making Malaysian standards stricter than many other nations in the world. If you are interested in the numbers, it's 0.000022g of alcohol per 100ml of breath, 0.05g of alcohol per 100 ml of blood, or 0.067g of alcohol per 100 ml of urine.
Whether illegal or not, drink driving should not be taken lightly. If you happen to get wasted, please allow someone sober to drive you home at the end of the night.
8. Pantang Larang
Last but not least, number HUAT! If you break any of the following "laws" during CNY (they are really called "laws" in the Hokkien community at least), you may face consequences greater than what the state, the courts, and the police can ever mete out. These ancient customs are:
Don't wear black (it's inasupicious, even your underwear must be red).
Don't sweep the floor (it sweeps fortune away).
Don't owe or lend money (it leads to debt).
Don't finish up all the food on reunion dinner (to symbolise abundance).
Don't break bowls or plates — If you do, you must immediately say "嵗嵗平安 (suì suì píng ān)", which means "may you have peace every year" but it also sounds like "shattered pinggan". This is entirely a Malaysian thing, where Malay words are incorporated into Chinese customs (yay, multiculturalism!)
With that, Hitam Putih would like to wish those who are celebrating a very happy Chinese New Year and an even happier long weekend to everyone!
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