SEREMBAN: A pet shop owner has been fined RM40,000 in default 10 months jail by the Sessions Court here on Wednesday (Nov 22) for being in possession of 13 protected birds at his premises.
Tan Chee Kong did not contest the charges when they were read to him by the interpreter before Judge Mazni Nawi.
For the first charge, the 38-year-old was accused of having 11 kelicap kunyit birds scientifically known as Zosterops palpebrosus without a valid licence at his premises located along Jalan Kapitan Tam Yeong near here.
He was charged under Section 60(1)(a) of the Wildlife Conservation Act 2010 which carries a fine of up to RM50,000 or a jail term not exceeding two years or both upon conviction.
For the second offence, he was charged with having two female bayan serindit (Loriculus galgulus), which are totally protected, without a valid licence at the same premises.
For this, he was charged under Section 62 of the same legislation which carries a fine not exceeding RM100,000 or a jail term not more than five years or both upon conviction.
He was charged with committing the offences at around noon on Nov 3, 2016.
Wildlife Department prosecuting officer Gilmoore Bolongan then urged the court to mete out a sentence commensurate with the crime and one that would be a deterrent to others.
"Wildlife has to be protected as it’s a national treasure.
"The government has also taken several measures to protect our wildlife and it should be everyone's responsibility to ensure these species do not become extinct," he said.
Bolongan said the continued existence of wildlife would also help provide a balance to the ecosystem and without it, it can have a negative impact on the environment.
He said wildlife-related cases such as smuggling has also been increasing over the years and this had led to Malaysia being labelled as a trafficking hub and transit point for wildlife smuggling.
"The number of smuggling cases are so high and this is the third most lucrative trade after drugs and arms smuggling.
"That is why the offenders continue to commit such crimes as the income from such activities was way higher than the risks or fines imposed," he said.
Bolongan said those involved in such activities can no longer claim ignorance as the authorities have carried out many campaigns on the need to protect and preserve wildlife.
Tan, who was unrepresented, appealed for a light sentence as business had been slow.
He also told the court he had to provide for his mother and siblings.
Mazni then ordered the accused to pay a fine of RM10,000 in default four months jail for the first charge and a RM30,000 fine in default six months jail for the second.
