Malaysia is well-known and highly appreciated for the breathtaking beauty of its flaura and fauna, a quality that has been highly contributing towards its tourism. Unfortunately, Malaysia also has a track record of illegal poaching and wildlife trading, as well as keeping exotic animals as pets.

Before the Wildlife Conservation Act 2010, the laws protecting the wildlife in Malaysia relied on an Act that was passed in 1972, the Protection of Wildlife Act 1972. 

Under the 1972 Act, Malaysia built a reputation as a hub for illegal wildlife trading, which can be attributed to the leniency of the Act. One of such cases include the infamous wildlife trading kingpin Anson Wong (The Lizard King) who carried on to continue his business in Malaysia after being sentenced to 71 months jail time and a $60,000 fine in Mexico for smuggling, conspiracy, money-laundering and wildlife offences.

Who is Anson Wong?

Keng Liang "Anson" Wong, a Malaysian citizen known as the "Lizard King", was deemed to be responsible for the biggest global animal smuggling ring that has been taken down. For more than two decades, Anson Wong was the internationally recognised "face" of the illegal trade in endangered wildlife. His notoriety stemmed from 1998 when he was arrested by US agents after they lured him to Mexico, part of a five-year investigation named "Operation Chameleon" that later became a best-selling book, The Lizard King. He was sentenced to 71 months of jail time and a fine of $60,000, he was also prohibited from selling animals to anyone in the United States for three years after his release.

Despite carrying out such illegal activities, Malaysia was unable to deter or punish him for it, due to the leniency of the 1972 Act.

Why do we say the 1972 Act is lenient?

Before the Wildlife Conservation Act 2010, the laws protecting the wildlife in Malaysia relied on an Act that was passed in 1972, the Protection of Wildlife Act 1972. This 1972 Act imposed fines that did not put as much a dent in the profits the wildlife traders could make, and in addition to this, the Act did not authorise the Malaysia's wildlife enforcement division, Perhilitan, to arrest traffickers and poachers unless they were caught red-handed.

Section 15 of the Protection of Wildlife Act 1972:

Where it appears to a Magistrate upon written Arrest with information under oath by an officer or an authorized officer that there is reasonable cause to suspect that a person has committed an offence under this Act, he may issue a warrant of arrest authorizing the officer or authorized officer to arrest the person.

Section 17 of the Protection of Wildlife Act 1972:

Where an officer or an authorized officer- (a) finds any person committing, attempting to commit or abetting the commission of an offence under this Act; or (b) is satisfied on a demand or request by him that a person who is granted a licence permit or special permit under this Act, refuses to comply with the demand or request to produce the licence permit or special permit, he may arrest the person without a warrant of arrest.

Under the 1972 Act, Malaysia built a reputation as a hub for illegal wildlife trading, which can be attributed to the leniency of the Act. One of such cases include the infamous wildlife trading kingpin Anson Wong (The Lizard King) who was reported to be carrying on to continue his business in Malaysia after being sentenced to 71 months jailtime and a $60,000 fine in Mexico for smuggling, conspiracy, money-laundering and wildlife offences.

In Malaysia, Anson was finally arrested post passage of the 2010 Act.

Passage of the Wildlife Conservation Act 2010

Soon, the Protection of Wildlife Act 1972 has proven to be severely outdated and riddled with loopholes. This caused many endangered species to continue to be poached and illegally traded at alarming rates. In order to remedy these loopholes and toughen up the law, the Wildlife Conservation Act 2010 was passed. The 2010 Act brought some additional authority to punishing illegal traders that, when the infamous Anson Wong was caught during an attempt to smuggle some 95 boa constrictors at the Kuala Lumpur International Airport in late 2010, not only was he detained and arrested, his original six-month sentence was increased to five years after a successful appeal by Perhilitan for more severe punishment.

Wong however walked out of prison after his sentencing was reduced from five years to time served, which was 17 months.

Later, reports surfaces of his return to the illegal wildlife trade upon his release.

Section 93 of the Wildlife Conservation Act 2010 allows an enforcement officer to arrest warrant any person whom he reasonably believes has committed or is attempting to commit an offence under this Act who shall be immediately brought to the nearest police station to be dealt with the law relating to criminal procedure.

Section 93 of the Wildlife Conservative Act 2010 provides:

(1) An enforcement officer may arrest without warrant any person whom he reasonably believes has committed or is attempting to commit an offence under this Act or any of its subsidiary legislation.

 (2) An enforcement officer making an arrest under subsection (1) shall, without unnecessary delay, bring the person arrested to the nearest police station, and thereafter the person shall be dealt in accordance with the law relating to criminal procedure for the time being in force.

Penalties for poachers and smugglers of endangered species in Malaysia now actually discourage them as it can go up to ten and thousands of ringgits as well as jail time. 

Section 63 of the Wildlife Conservative Act 2010:

Any person who carries out business of dealing or taxidermy business without a licence commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

The 2010 Act imposes mandatory prison terms of up to 5 years and fines of up to RM100,000 on people for killing or trafficking endangered animals. It also prescribes a minimum fine and a mandatory prison term for setting poachers’ snares in addition to providing for penalties for people selling products made from the parts of protected species and their derivatives.

The journey hasn’t ended

Although Malaysia is indeed moving forward with its increasingly stringent approach towards wildlife protection, however, the country is still not without wildlife offences. Fortunately however, awareness and support for nature conservation is on the rise and therefore a stronger enforcement by Perhilitan and government support will lead Malaysia and its wildlife species to a brighter future. In fact, in 2018, the government announced that it is studying to amend the Wildlife Conservation Act 2010 by introducing mandatory jail sentences against individuals caught hunting wildlife illegally.