By WU VUIDE
KOTA KINABALU: A Chinese tourist in her 30s died while snorkelling at Mengalum Island on Sept 23.
Police have classified the case as sudden death. No foul play is suspected.
Tourism, Culture and Environment Minister Datuk Jafry Ariffin said the facts must be established by police, while compliance will be verified by the agencies with jurisdiction.
According to Kota Kinabalu police, the woman was among 17 tourists.
She had been in water about 1.5 metres deep for 15 minutes when a boat crew member monitoring the group saw her floating unconscious.
She was brought ashore and given CPR by the crew. She did not respond and was pronounced dead.
Forensics found no sign of foul play. Police have taken witness statements.
Jafry extended his condolences to her family.
He was responding to Tanjung Aru Assemblyman Datuk Wong Hong Jun and Luyang Assemblyman Samuel Wong, who had raised questions over safety, licensing, land status and enforcement at Mengalum.
Those questions are for verification, Jafry said.
It is premature to link the death to any licence, Temporary Occupation Licence (TOL), land title, structure or facility. Investigators have established no such link.
Tourism regulation is split. Tour operators and travel agencies are licensed by the Ministry of Tourism, Arts and Culture (Motac).
Vessels and maritime safety, local authority approvals and land matters fall under separate agencies.
Jafry said the Ministry of Tourism, Culture and Environment (KePKAS) will ask each agency to check the records:
Were the operator, vessel and activities validly licensed? Were safety procedures followed? Was safety equipment present? Were briefings given? Was supervision adequate? Were emergency procedures observed?
A crew member was monitoring the group, according to police. Whether that was adequate must be judged against the evidence and legal requirements, he said.
On land, the Sabah Gazette records 93.786 hectares of state land on Mengalum as a reserve for preservation and conservation under Section 28 of the Land Ordinance.
That alone does not determine the legal status of the landing point or facilities used on Sept 23, Jafry said.
The status, including any temporary occupational license (TOL) and approvals for structures, must be checked against the records of the Lands and Surveys Department and other authorities.
Do not declare a TOL invalid, a structure illegal or an operation unauthorised until the record-holders have established the facts, he said.
“If a breach is found, the enforcement agency must act. Mengalum has had a fatal marine incident before,” Jafry said.
Lessons must drive enforcement, operator compliance, marine safety and emergency response, he said, adding that there should be no political divide on tourist safety.
“If gaps are found, close them. If laws were breached, act. If procedures need strengthening, strengthen them,” he said.
KePKAS will coordinate verification and release further information when agencies report.
‘If a breach is found, the enforcement agency must act. Mengalum has had a fatal marine incident before’ – Jafry
