On 3 Deb 2023, the Minister for Local Government Development Nga Kor Ming announced that the unity government has fulfilled the wishes of the Chinese community by agreeing to legalise firecrackers and fireworks.
Why the need to emphasise that it is the wishes of the Chinese community?
Yes, the community has been practicing lighting firecrackers and fireworks.
But as mentioned by him when he made the announcement, he observed that lighting firecrackers and fireworks is no longer confined to the Chinese community as they have been used during the celebrations of all festive seasons in the country.
Laws prohibiting the usage of fireworks in Malaysia have existed since before our country secured its independence.
The Minor Offences Act 1955 explains that those who are caught letting off fireworks – unless authorised to do so – may be subjected to punishment in the form of a fine of not more than RM100.00 or imprisonment for no more than a month, if not both.
What is astonishing is that Section 2 of the Explosives Act 1957 categorized fireworks in the same category as dynamite spelt out as follows:
“Explosive” means gunpowder, nitro-glycerine, dynamite, guncotton, blasting powders, fulminate of mercury or of other metals, coloured fires, and every other substance used or manufactured for the purpose of producing a practical effect by explosion or a pyrotechnic effect and includes fog signals, fireworks, fuzes, rockets, and etc.
According to Bukit Aman criminal investigation department director Abd Jalil Hassan, exceptions however were made for the brand Happy Boom and Pop-pop, where fireworks and firecrackers from these brands does not contain explosive chemicals that could endanger safety.
Sale, however, of the two products still required a permit from the respective district police headquarters.
After the announcement, opinions were divided.
Some say that bursting firecrackers is a way of continuing the cultural tradition of celebrating the start of a new year for the Chinese or a way of promoting group activity to strengthen unity.
Some say legalizing it will harm the health of many apart from inconveniencing people.
According to the Minister, prior to the Cabinet’s decision, the community’s practice of lighting firecrackers and fireworks had paved the way for illegal sales.
As such, he said legalising firecrackers and fireworks would bring benefits to the country including increasing revenue and improving safety as firecrackers and fireworks, which are all imported from China would require the approval and verification of the relevant authorities.
Firstly, the Minister himself admitted that lighting firecrackers and fireworks is no longer confined to the Chinese community as they have been used during the celebrations of all festive seasons in the country.
Meaning, even though it is an offence under Malaysian laws for the last 50 years, Malaysians have been lighting up and letting off fireworks and firecrackers at a lot of festivals in the country. This also means that firecrackers must have been smuggled into the country from various sources and sold discriminately despite the ban for the last 50 years.
Requiring all future importers to have a licence before they could import and sell it on the local market will only drive the smugglers and their network of distributor further underground.
This network operates at a lower cost as they do not need to pay for licences and other fees.
Indirectly, there is a possibility that this move will only drive up their businesses as people will flock to buy from them due to their cheaper selling price.
And this move of legalizing it only means one thing – certain well connected individuals will dominate and monopolise the imports of firecrackers or fireworks into the country or those who are given the licences will form an informal cartel to control and dominate the importation of the fireworks and firecrackers into the country.
And as apparent in other sectors, when import is dominated by an elite group of well connected individuals, it will only drive up prices of the firecrackers and fireworks as compared to a competitive open market where those selling at the lowest prices will prevail.
Thus, is the real objective of legalizing the sale to increase revenue to the country and improve safety of fireworks and fire crackers imported into the country?
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