Thursday, 25 June 2020

Justice for Marathon Runner Evelyn Ang due to Road Accident 2019 Klang City Marathon – Section 36 Amendment (SDA) call The ‘Evelyn Ang’ provision


KUALA LUMPUR: Evelyn Ang, the runner who was in a coma since an accident during the Klang City Marathon in December last year, died on Thursday (Mar 1) according to a report by the Malay Mail. The 44-year-old succumbed to her injuries, her husband Dennis Loo told the newspaper.
“She passed away peacefully and she went off at her own pace despite all the things that we all did to help. The hospital did the very best for her and the doctors too,” Loo told Malay Mail.
“I will always say this is a race that she ran and she has crossed triumphantly. She has always been cheerful, a believer of positivity and smiling. She would always put on a strong front and she believed that every smile shown would be returned back.
“She would want everybody to remember her for that."
A post on Evelyn's Facebook page at 1.40am with a photo of her and Loo said: "In memory of EvelynAng Loo 13041973 - 01032018".

Evelyn Ang, a marathon runner, was hit by a car while taking part in the Klang International City Marathon in December 2017. She suffered serious injuries and was in a coma for a few months. Unfortunately, Evelyn passed away on 1st March 2018. Evelyn’s accident was one of the main reasons why the SDA 1997 was amended, with the additions of Subsections 4 and 5 to Section 36 of the Amended Act 2018. The glimmer of light that was sparked by this tragedy is the effort to improve the safety standards of marathons and sporting events in Malaysia.
The new Section 36 of the Amended Act 2018 was drafted to impose accountability on companies which organise sporting activities. These section under Section 36 are an addition to subsection (1),(2) and (3).


 The ‘Evelyn Ang’ provision – Section 36 Amendment of the SDA 1997:

(1)  A company shall not involve itself in any sporting activity or in any other activity related to sports, as may be prescribed by the Minister in the regulations, unless it is licensed to do so by the Commissioner.

(2) The license referred to in subsection (1) may be subject to a fee and such conditions as the Commissioner deems fit to impose.

(3) The Commissioner may, on being satisfied that there are reasonable grounds for doing so, revoke the license issued to a company under this section after giving that company an opportunity to make representations to him.

Section 36 of the Amended Act 2018:

(4) Any company which contravenes subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine of not less than fifty thousand ringgit but not more than five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.

(5) Where an offence under this section has been committed by a company, any person who at the time of the commission of the offence was a director, chief executive officer, chief operating officer, manager, secretary or other similar officer of the company or was purporting to act in any such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the company or was assisting in such management-
  • may be charged severally or jointly in the same proceedings with the company; and
  • where the company is found guilty of the offence, shall be deemed to be guilty of that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves –
  • that the offence was committed without his knowledge, consent or connivance; and
  • that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence.

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