UNLWAFUL ASSEMBLY IN MALAYSIA

While the Malaysia penal code makes it an offence for a gathering of more than 5 people without police permission, there have been so many ebrows raced by this act. the penal code ACT 574 reads thus

Unlawful assembly

141. An assembly of five or more persons is designated an “unlawful assembly”, if the common object of the persons composing that assembly is—

(a) to overawe by criminal force, or show of criminal force, the Legislative or Executive Government of Malaysia or any State, or any public servant in the exercise of the lawful power of such public servant;

(b) to resist the execution of any law, or of any legal process; (c) to commit any mischief or criminal trespass, or other

offence;

(d) by means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or

(e) by means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.

The major issue which has left people, with no answers is the fact that the law is numb when it comes to peaceful rallies or protest. there has been so many cases where people show their desire to hold a protest, in the interest of the society so as to express their views and in many cases the police have refused to issue such permits and declared their wishes an illegal protest. One major example of such issue was the HINDRAF PROTEST, see video titled PROTEST.

the rally which started off peacefully and had promised to end so, took a major blow when the police came in with force in an attempt to end it, spraying water on the protester and using their power as the law enforcers to get the crowd dispersed, this caused a major havoc and around 300 people were arrested with some charged while others were discharged with caution.

In short basically i just want to say, nobody is perfect and as such a discrepancy have shown itself in this law and as hence maybe its time it is amended. this is because by not allowing peacefully protest it somehow denies peoples freedom of speech and expression. While there might be an argument that there is consideration and permits have been issued before for public protest, maybe the problem is not in the law but with the law enforces as they are not consistent in issuing such permit, as such instead of amending the laws it might be also a good move for the police to exercise some form of fairness in issuing their assembly permits to the public, yes of course the hindraf rally maybe was an exception considering the events leading to that but what about many other rallies where there were controversies and yet permits were issues!!!!!!!!