Saturday, July 06, 2019

Peaceful Assembly Act 2012 - PH amendments FAIL to restore right to freedom of assembly?


When the Peaceful Assembly Act 2012(see full Act and proposed amendments below), introduced by Barisan Nasional came into being - it  eroded the right to peaceful assembly significantly. PH just amended the Act - but nothing changes as we still have to get POLICE/GOVERNMENT PERMISSION before the right to peaceful assembly can be exercised. We have to get OWNER'S PERMISSION - even for public spaces that is under Local Council/Government...TOO MANY HURDLES - when a right is a RIGHT - and all such restriction and control just extinguishes the RIGHT. (To understand more about how the Act supress our right of peaceful assembly, read MADPET's statement)

Now...we in Malaysia had to get police "permission' and then police could impose conditions - and if not happy, we can appeal to the Minister... So, our 'RIGHT" was subject to police or government approval? 

SECOND - we cannot exercise the right of peaceful assembly immediately - we had to wait for at least 10(ten) days -- and, in many issues, the 'delay' is a violation of the right to peaceful assembly. Say, if Israel causes some gross atrocities on the people of Palestine...Malaysians could not 'peacefully assembled' to protest Israel's actions....for '10 days'? Angered by what happened in New Zealand when bad persons shot and killed so many Muslim brethren...we could not peacefully assemble and express our anger ...or our 'solidarity' or 'support'...for 10 days. [Pakatan Harapan new proposed amendment reduces it to 7(seven) days - Is this any different]

THIRD, the 'ORGANISER" needed to reveal himself/herself to the police... (But alas, sometimes, there are simply no organizers - people come forward and exercise their right to peaceful assembly...and this is what happened during the REFORMASI street protest in 1998 over many many Saturdays - there was no organisers...or named or known organisers - Word went out that we will gather at this location to protest this or support that, and people came..] 

BN's law just scared people - who will come out and proclaim himself 'organiser'... look at the awesom responsibility placed on him/her - see Section 6  Responsibilities of organizers... and worse still, he/she may have to pay for the clean-up bill - 'ensure the clean-up of the place of assembly or bear the clean-up cost of the place of assembly' ..
 
See MADPET's Statement:- 


Media Statement – 6/7/2019


Repeal draconian Peaceful Assembly Act 2012, not amend – Respect Right to Peaceful Assembly

-Speedy ‘secret’ passing Peaceful Assembly (Amendment) Bill 2019 unacceptable -



MADPET(Malaysians Against Death Penalty and Torture)  is shocked to hear that the Peaceful Assembly (Amendment) Bill 2019 tabled in Parliament, which will amend the Peaceful Assembly Act 2012, which was tabled on 1/7/2019, have already been passed (Star, 5/7/2019), and a perusal of the Parliamentary website indicates that it was passed on 4/7/2019, but interestingly a perusal of the Agenda (Aturan Urusan Mesyuarat) for 4/7/2019  does not state that the Bill was to be voted and passed.


This Parliamentary Session was supposed to end on 18/7/2019, and as such there was no necessity to rush and pass the Bill, which first came to public notice as to the contents only on 1/7/2019.


Such speedy tabling and passing of new law was criticized during the Barisan Nasional era, as it does not give adequate time for the public to respond, let alone discuss and communicate their position with their respective Members of Parliament. The lack of transparency is abhorred.  


There would have even been no time or opportunity to organize a peaceful assembly to protest or support the said amendment – as the law as it was required 10 days prior notice before the assembly, and even with 5 days prior notice, as the amended Bill apparently now allow would be insufficient.


Even, when the Peaceful Assembly Act 2012 was tabled under the BN regime, there was time enough for the Malaysian Bar to organize a peaceful assembly involving about 1,000 lawyers, and hand over their protest to Members of Parliament on 29/11/2011 before the vote. This time there was no such opportunity for any peaceful assembly.


Amendments fail to remove draconian unjust provisions


MADPET is disappointed with lame proposals contained in the said Bill, which demonstrates that despite Malaysian Pakatan Harapan-led government’s promise in its election manifesto ‘Buku Harapan’(Book of Hope) that it will remove unjust draconian provisions in this Act, it is obvious that they fail to understand the fundamental principles of the right of peaceful assembly and what are the provisions in the current  law that goes contrary to this right.


Article 10(b) of the Federal Constitution provides that ‘all citizens have the right to assemble peaceably and without arms’. The right to peaceful assembly must be a right exercisable by any person in Malaysia at any time without any restrictions or prior requirement of ‘permission’ from the government, police or any other person/entity.


The Bill to amend the Peaceful Assembly Act 2012, sadly only proposes to reduce the 10 days prior notice to the police to now make it seven(7) days, to apparently, make some of the offences in the act compoundable offences – meaning violators will be offered a compound, if paid will mean that they will no longer be charged and tried in court, and the removal on the restriction on ‘street protest’. Before being passed, apparently the notice period was reduced to five (5) days.


Decriminalizing of street protest – good but really of little consequence


It is good, but a perusal of all past large peaceful assemblies in recent times in Malaysia would show that hundreds and thousands had gathered at meeting points and walked along the streets to assembly points.


The Act currently defines "street protest" means an open air assembly which begins with a meeting at a specified place and consists of walking in a mass march or rally for the purpose of objecting to or advancing a particular cause or causes’


It is good to specifically decriminalize ‘street protests’ in the current law but at the end of the day, it is really meaningless as ‘street protest’ has in fact been happening all this while in practice.


Power of Police/Minister to control exercise of the right to peaceful assembly must be abolished


Police should NOT have the power to allow or not allow the right to peaceful assembly. They should merely facilitate the exercise of this right, and that include provision of safety to participants, facilitating traffic flow and such.


There is no need for a Peaceful Assembly Act that provides for any new offences, as our other existing laws are sufficient.


The Peaceful Assembly Act 2012 now has a mandatory requirement to notify the police, and thereafter the police can impose conditions and/or restrictions, which if breached is a criminal offence. A person who fails to submit such a notice, or beaches any conditions imposed by the police shall now, on conviction, be liable to a fine not exceeding ten thousand ringgit.


All that the proposed amendment will do is maybe shorten the notice period, but it does not solve the problem of police having the power to control the exercise of one’s right to peaceful assembly. Neither does it remove the power of owner/occupiers to deny this right.


Police or government’s powers to set conditions and restrictions on the fundamental right to peaceful assembly is wrong.


Only the law or the courts should be vested with such powers. Certainly not the police or the Minister, as the Act now provides that anyone unhappy with the conditions/restrictions imposed by the police may appeal to the Minister.


PEACEFUL ASSEMBLY – A right that must be exercisable fast at times


The police even seem to have the power to waive the application of the mandatory requirement of providing notice 10(ten days) prior to the intended peaceful assembly, which happened recently in March in a peaceful assembly apparently proposed by a Minister. It was reported, that ‘The police said today it will allow tomorrow’s Peace, Solidarity Rally in Kuala Lumpur, despite not meeting the 10-day notice requirement. Inspector-General of Police Tan Sri Mohamad Fuzi Harun said organisers can proceed with the “peace rally” at Dataran Merdeka, but only from 7.30am to 11am. Minister in the Prime Minister’s Department Datuk Seri Mujahid Yusof Rawa had proposed for the rally back on Monday, which was too short for the 10-day notice required under the Peaceful Assembly Act 2012. (Malay Mail, 22/3/2019).


No reasonable person will protest against that particular peaceful assembly in response to mass killings of Muslims at their places of worship in New Zealand, but it highlights the point that peaceful assembly or protest sometimes need to happen promptly to be effective. 


A peaceful assembly in response to human rights violation against the Rohingya people in Myanmar, against atrocities committed by Israel against Palestinians or even Parliament’s intention to pass a Bill all would need a speedy response, and a law that impedes this right for people to assemble peacefully to voice protest or support by imposition of a requirement of any prior notice of 7 or 10 days is clearly violates the right to peaceful assembly, and need to be abolished. The Bill was passed on 4/7/2019 by the Dewan Rakyat(House of Representatives), 3 days after it was first tabled, and people did not have the time to exercise their right to peaceful assembly, if they wanted to.


POLICE POWERS limited to facilitating the right to peaceful assembly


Police may take action against any participant or others that breach the ordinary already existing many laws of the land like maybe causing damage to property or assaulting another person.


When a peaceful assembly happens, the police still have the power to take action against any individual that breaks the law but this should never prejudice the right of others to continue to exercise their right of peaceful assembly.


It is not uncommon that perpetrators against whom the peaceful assembly is happening may place their agents or even ‘agent provocateurs’ who may resort even to violence or damage to property simply to undermine the objects of those exercising their right to peaceful assembly. Such individuals who break laws may be arrested then and there, but the right of other peaceful protesters must not be violated by reason of actions of a few ‘trouble-makers’.


The Act now has presumptions with regard to who is the organizer any person who initiates, leads, promotes, sponsors, holds or supervises the assembly, or invites or recruits participants or speakers for the assembly, shall be deemed to be the organizer of the assembly.(Section 19). This means that even anyone who provide information to another and ask him/her to join could be presumed to be an organizer. This provision need to be repealed.


Age of persons entitled to organize/participate in peaceful assemblies


It is ironical that this government wants to reduce voting age from 21 to 18, but then the right to organize a peaceful assembly is only for persons above the age of 21.


Malaysia also forgets that it is a signatory of the Convention on the Rights of the Child, whereby in Article 15, it clearly ‘recognize the rights of the child to freedom of association and to freedom of peaceful assembly.’ The Convention, in Article 1 states that, ‘a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.’ Hence, a child, whether accompanied by adults or not, should be granted their right to participate in peaceful assemblies.


We recall that children have opinions, and they must be granted the right to freedom of speech, opinion and also the right to participate (and even organize) peaceful assemblies.

The penalizing of parents who bring children to peaceful assemblies is also wrong. Parents have an obligation to teach children values and principles, and as such bring them for peaceful assemblies is a choice of parents. Many a parent also do not have domestic workers to leave their children at home. As such, this restriction is discriminatory and a violation of rights of persons with children. Note also that many who join a peaceful assembly may have no prior plan but suddenly decided to join because it was something they too support.


No right of peaceful assembly to non-citizens


This will include also permanent residents and foreign nationals living and working in Malaysia. This is unacceptable as this a human right and should not be a citizen only right.

In many countries, when some inter-government meeting is going on like the ASEAN meet, it is not uncommon that many will want to participate in a peaceful assembly to express a common stance. Likewise, in some issues like the massacre of Muslims in New Zealand or what happened to the Rohingya, it makes no sense to bar non-citizens from participating in peaceful assembles. Migrant workers also may sometime want to exercise this right to highlight some rights violation. This is a human right which must be accorded to all in Malaysia.


Peaceful Assembly Act 2012 – Many Other Unjust Hurdles


That draconian Act brought about hurdles to people exercising right of peaceful assembly.


Organizer


One, was the requirement of the organizer to identify himself, and when he/she does so, he/she is made responsible for all persons that participate in a peaceful assembly and may be criminally liable for actions not his/her own. Then, there is draconian obligation to clean up or to be liable to pay for cleaning bill. This obviously will deter the exercising of the right of peaceful assembly. No ordinary person, community, the poor or even smaller groups/organizations can afford this risk of such criminal liability, and more importantly the financial obligations. As such, since the Peaceful Assembly Act 2012, only bigger groups like BERSIH 2.0 and political parties have the capacity of organizing Peaceful Assemblies.


In many peaceful assemblies, there may be no organisers. People may gather at a place to protest with others with a common objective. The 1998 Reformasi peaceful assemblies that happened on several consecutive Saturday afternoons that saw thousands participating peacefully along Jalan Tuanku Abdul Rahman ending in Dataran Merdeka is such an example.


Likewise, the people of Kuantan may want to protest Lynas or Bauxite mining, or the people of Pasir Gudang may want to come together to protest the ‘chemical poison’ but they could not because the law requires a named organizer, and no one wants to take on that onerous responsibility.


As such, the need for an organizer to come forward, to submit notification, to get permission from the consent of the owner or occupier of the place of assembly, arrange for security, etc must all be removed. This impedes the right to peaceful assembly


Consent Of The Owner Or Occupier Of The Place Of Assembly


There should be no such requirement, for owners or occupiers of the place of assembly and others must respect the right of their fellow men to exercise their right to peaceful assembly. Asking owners and occupiers consent is also unfair to owners/occupiers as they suddenly have to decide whether to consent or not – either way, there will be an implication to them directly or indirectly. They would really prefer not to be burdened with this question of consent, and should not be asked. If freedom of assembly is a right, then even others who are against it should respect the right of those who choose to exercise that right.


Most peaceful assemblies happen not inside private premises, but in public areas which usually comes under the Local Council or the government. In the past, as an example, the Kuala Lumpur City Council (a government appointed Council) has rejected to allow peaceful assemblies in Dataran Merdeka. This is very wrong and a violation of right to peaceful assembly, which must be allowed in all public areas.


Cleaning Bills


This again is absurd, as in all public areas, it is the obligation of the Local Council (Local Government) to keep the area clean. It is an offence to litter, and it is alright to catch and penalize litter-bugs but certainly not right to send organizers of peaceful assembly a hefty Cleaning Bill.


Designated places of peaceful assembly


If a peaceful assembly is held at a designated place of peaceful assembly, then there is no need to notify the police. As of now, the only such designated place is the Darul Makmur Stadium in Pahang.


The object of a peaceful assembly is usually to highlight a certain issue, wrongdoing or failure, and it is held in a public place where there are many other persons so that more will be educated and convince to join the cause, and as such peaceful assemblies are usually where there are many other people.


The idea of allowing a peaceful assembly in a Stadium or some field, far away from the public eye defeats the purpose. That exactly has been the reason why many peaceful assembly have been organized along Jalan Tuanku Abdul Rahman, in front of KLCC and Dataran Merdeka.


If the peaceful assembly is protesting something concerning a company, it may be held in front of that company. If it is about ASEAN, it will be held where the ASEAN is meeting, If it is concerning something in Parliament, then it will be in front of Parliament. If it is to try and prevent a Malaysian being executed in Singapore, then it will be before the Singapore Embassy.


As such, increasing the designated places of peaceful assembly is foolish, for it all depends on the subject matter of the peaceful assembly. Every public area should be places permissible for peaceful assembly.


Power to compound – the proposed new section 21A


This will give the power to the police to compound offence relating to failure to provide notification (Section 9) or persons who breach the restrictions and conditions imposed by police (Section 15). This power will negate the need to prosecute or provide a person with a fair trial, thus removing the judicial supervision of actions of police unless the victim refuses the offer to pay the compound. Some conditions/restrictions imposed by the police may be found to be unjust or unconstitutional.


It must be noted that many in Malaysia, guilty or not, would choose to pay the compound rather than be prosecuted in court which will entail not just loss of time and income, but also monies including legal and court fees.


It is of concern that the Home Minister, Tan Sri Dato’ Sri Muhyiddin bin Mohd Yassin, on 4/7/2019, also said that the compound will be good for Parliamentarians as unlike fines, it would not affect their qualification as MPs or their ability to contest in future elections. (Hansard 4/7/2019, page 49)


Therefore MADPET 


-          Calls for the repeal of Peaceful Assembly Act 2012;


-          Calls on the government to withdraw the current Peaceful Assembly (Amendment) Bill 2019, 


-          Call on the government to transparently disclose to the public way in advance proposed Bills, or at least the proposed main points of law to enable public participation, and not speedily rush and pass laws as it did the Peaceful Assembly (Amendment) Bill 2019;


-          Call on Malaysia to amend Article 10(b) of the Federal Constitution to provide all person with ‘the right to assemble peaceably and without arms’; and 


-          Call on the government to respect the fundamental human right to peaceful assembly, and allow all persons in Malaysia, including children, to freely exercise this right;



Charles Hector

For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)







Kerajaan Pakatan Harapan juga akan memansuhkan peruntukan-peruntukan yang zalim dalam akta-akta berikut:
• Kanun Keseksaan 1997 terutama dalam isu perhimpunan aman dan kegiatan memudaratkan demokrasi
• Akta Komunikasi dan Multimedia 1998
• Akta Kesalahan Keselamatan (Langkah-Langkah Khas) 2012 (SOSMA)
• Akta Perhimpunan Aman 2012
• Akta Pencegahan Keganasan 2015 (POTA)

PEACEFUL ASSEMBLY ACT 2012          

ACT 736

Preamble
An Act relating to the right to assemble peaceably and without arms, and to provide restrictions deemed necessary or expedient relating to such right in the interest of the security of the Federation or any part thereof or public order, including the protection of the rights and freedoms of other persons, and to provide for related matters.
ENACTED by the parliament of Malaysia as follows:

PART I   PRELIMINARY

1  Short title, commencement and non-application
(1) This Act may be cited as the Peaceful Assembly Act 2012.
(2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
(3) This Act shall not apply to-
    (a) an assembly which is an election campaign under the Election Offences Act 1954 [Act 5]; and
    (b) an assembly which is a strike, lock-out or picket under the Industrial Relations Act 1967 [Act 177] and the Trade Unions Act 1959 [Act 262].

2  Objects

The objects of this Act are to ensure-
    (a) so far as it is appropriate to do so, that all citizens have the right to organize assemblies or to participate in assemblies, peaceably and without arms; and
    (b) that the exercise of the right to organize assemblies or to participate in assemblies, peaceably and without arms, is subject only to restrictions deemed necessary or expedient in a democratic society in the interest of the security of the Federation or any part thereof or public order, including the protection of the rights and freedoms of other persons.

3  Interpretation

In this Act, unless the context otherwise requires-
    "rights and freedoms of other persons" includes-
        (a) the right to peaceful enjoyment of one's possession;
        (b) the right to freedom of movement;
        (c) the right to enjoy the natural environment; and
        (d) the right to carry on business;

    "road" has the meaning assigned to it in the Road Transport Act 1987 [Act 333];
    "child" means a person below the age of fifteen years;
    "Minister" means the Minister charged with the responsibility for home affairs;
    "person who has interests" means a person residing, working or carrying on business or having or owning residential or commercial property in the vicinity of or at the place of assembly;
    "organizer" means a person who is responsible for the organization of an assembly, including the arranging, convening, collecting or forming of the assembly, or who is responsible for the conduct of an assembly;
    "assembly" means an intentional and temporary assembly of a number of persons in a public place, whether or not the assembly is at a particular place or moving;
    "counter assembly" means an assembly organized to convey disagreement with the purpose for which another assembly is organized, and held at the same time, date and place or approximately at the same time, date and place as the other assembly;
    "simultaneous assemblies" means two or more assemblies to be held at the same time, date and place, but which have no relationship to each other;
    "participant" means a person intentionally or voluntarily present for the purpose of an assembly;
    "street protest" means an open air assembly which begins with a meeting at a specified place and consists of walking in a mass march or rally for the purpose of objecting to or advancing a particular cause or causes;
    "arms" means any firearm, ammunition, explosive, corrosive, injurious or obnoxious substance, stick, stone, or any weapon or object, which by its nature, can be used to incite fear or cause injury to persons, or damage to property;
    "public place" means-
        (a) a road;
        (b) a place open to or used by the public as of right; or
        (c) a place for the time being open to or used by the public, whether or not-
            (i) the place is ordinarily open to or used by the public;
            (ii) by the express or implied consent of the owner or occupier; or
            (iii) on payment of money;
    "prohibited places" means-
        (a) the protected areas and protected places declared under the protected Areas and protected places Act 1959 [Act 298]; and
        (b) the places as may be specified in the First schedule;
    "place of assembly" means the place where the assembly is held and in relation to a procession, includes a place at or through which it is proposed the assembly will stop or pass;
    "designated place of assembly" means a place designated by the Minister under section 25.

Amendment  of  section  3
2.  The Peaceful Assembly Act 2012 [Act 736], which is referred to  as  the  “principal  Act”  in  this  Act,  is  amended  in  section  3  by  deleting  the  definition  of  “street  protest”.

PART II   RIGHT TO ASSEMBLE PEACEABLY AND WITHOUT ARMS

4  Right to organize assembly or participate in assembly

(1) The right to organize an assembly or participate in an assembly peaceably and without arms under this Act shall not extend to the following:
    (a) a non-citizen;
    (b) an assembly held at any prohibited place and within fifty metres from the limit of the prohibited place;
    (c) a street protest;
    (d) in relation to the organization of an assembly, a person below the age of twenty-one years; and
    (e) in relation to the participation in an assembly other than an assembly specified in the second schedule, a child.
(2) A person commits an offence if-
    (a) being a non-citizen, he organizes or participates in an assembly;
    (b) he organizes or participates in an assembly held at any prohibited place and within fifty metres from the limit of the prohibited place;
    (c) he organizes or participates in a street protest;
    (d) being a person below the age of twenty-one years, he organizes an assembly;
    (e) being a child, he participates in an assembly other than an assembly specified in the second schedule; or
    (f) he recruits or brings a child to an assembly or allows a child to attend an assembly other than an assembly specified in the second schedule.
(3) A person who commits an offence under paragraph (2)(a), (b), (c), (d) or (e) shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.
(4) A person who commits an offence under paragraph (2)(f) shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit.

Amendment  of  section  4
3.   Section  4  of  the  principal  Act  is  amended—
(a)   in  subsection  (1),  by  deleting  paragraph  (c);
(b)   in  subsection  (2),  by  deleting  paragraph  (c);  and
(c)   in  subsection  (3),  by  deleting  the  words  “(c),”.

5  Right of person who has interests

A person who has interests shall have the right to be informed of the details of an assembly in the manner specified in section 12 so as to allow him to raise his concerns or objections to the assembly.

PART III   RESPONSIBILITIES OF ORGANIZERS, PARTICIPANTS AND POLICE

6  Responsibilities of organizers

(1) An organizer shall ensure that an assembly is in compliance with this Act and any other written law.
(2) For the purpose of subsection (1), the organizer shall-
    (a) ensure that the organization and conduct of an assembly is not in contravention of this Act or any order issued under this Act or any other written law;
    (b) ensure that he or any other person at the assembly does not do any act or make any statement which has a tendency to promote feelings of ill-will or hostility amongst the public at large or do anything which will disturb public tranquility;
    (c) ensure that he or any other person at the assembly does not commit any offence under any written law;
    (d) ensure that the organization and conduct of an assembly is in accordance with the notification of assembly given under subsection 9(1) and any restrictions and conditions which may be imposed under section 15;
    (e) appoint such number of persons as he thinks necessary to be in charge of the orderly conduct of the assembly;
    (f) co-operate with the public authorities;
    (g) ensure that the assembly will not endanger health or cause damage to property or the environment;
    (h) ensure that the assembly will not cause any significant inconvenience to the public at large;
    (i) ensure the clean-up of the place of assembly or bear the clean-up cost of the place of assembly; and
    (j) in the case of simultaneous assemblies or counter assemblies, ensure that the organization of the assemblies are not intended to specifically prevent the other assembly from taking place or interfere with the organization of such assembly.

7  Responsibilities of participants

A participant shall-
    (a) refrain from-
        (i) disrupting or preventing any assembly;
        (ii) behaving offensively or abusively towards any person;
        (iii) doing any act or making any statement which has a tendency to promote feelings of ill-will or hostility amongst the public at large or doing anything which will disturb public tranquility;
        (iv) committing any offence under any written law at any assembly; and
        (v) causing damage to property; and
    (b) adhere to the orders given by the police, organizer or any person appointed by the organizer to be in charge of the orderly conduct of the assembly.

8  Responsibilities of police

A police officer may take such measures as he deems necessary to ensure the orderly conduct of an assembly in accordance with this Act and any other written law.

PART IV   REQUIREMENTS ON ORGANIZING OF ASSEMBLY

9  Notification of assembly

(1) An organizer shall, ten days before the date of an assembly, notify the Officer in charge of the police District in which the assembly is to be held.

(2) Subsection (1) shall not apply to-
    (a) an assembly which is to be held at a designated place of assembly; and
    (b) any other assemblies as may be specified in the Third schedule.

(3) If the assembly is a religious assembly or a funeral procession, the organizer may inform the Officer in charge of the police District in which the assembly or procession is to be held; and may, if assistance is needed to maintain traffic or crowd control, request for such assistance.

(4) The notification under subsection (1) shall be given to the Officer in charge of the police District in which the assembly is to be held by A.R. registered post or courier or by hand.

(5) A person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.

Amendment  of  section  9
4.   Subsection 9(1) of the principal Act is amended by substituting for  the  words  “ten  days”  the  words  “seven  days”.

10  Requirements regarding notification of assembly
The notification made under subsection 9(1) shall-
    (a) be in the form in the Fourth schedule;
    (b) be signed by the organizer;
    (c) be accompanied by a copy of the consent of the owner or occupier of the place of assembly, if applicable;
    (d) be accompanied by any additional document as may be specified by the Officer in charge of the police District, if any; and
    (e) contain the following particulars:
        (i) the name and details of the organizer;
        (ii) the correspondence address of the organizer;
        (iii) the name and address of the speakers in the assembly, if any;
        (iv) the purpose of the assembly;
        (v) the date on which the assembly is to be held;
        (vi) the place at which the assembly is to be held;
        (vii) the times at which it is proposed that the assembly will begin and end;
        (viii) if the assembly is a procession-
            (A) the proposed route of the procession;
            (B) any place at which it is proposed that the procession will stop; and
            (C) the length of time it is proposed that the procession will remain at each such place;
        (ix) the expected number of participants;
        (x) the person appointed by the organizer to be in charge of the orderly conduct of the assembly; and
        (xi) a description of the sound amplification equipment or device proposed to be used, if any, during the assembly.

11  Consent of owner or occupier of place of assembly

The organizer of an assembly, other than a religious assembly or a funeral procession or an assembly held at a designated place of assembly, shall obtain the consent of the owner or occupier of the place of assembly for it to be used for the purpose of the assembly.

12  Requirement to inform persons who have interests

(1) Upon receipt of the notification under subsection 9(1), the Officer in charge of the police District shall, within twenty-four hours, cause the details of the assembly to be informed to persons who have interests-
    (a) by posting a notice conspicuously at various locations at the place of assembly; or
    (b) by any reasonable means suitable or necessary so as to make the information available to such persons.
(2) A person who has interests may, in writing, inform his concerns or objections to the assembly together with his reasons to the Officer in charge of the police District within forty-eight hours of being informed of the assembly under subsection (1).
(3) The Officer in charge of the police District shall take into account the concerns or objections received for the purpose of imposing restrictions and conditions under section 15.

Amendment  of  section  12
5.   Subsection 12(2) of the principal Act is amended by substituting for the words “forty-eight hours” the words “twenty-four hours”.

13  Meeting with organizer

The Officer in charge of the police District may at any time after receiving the notification under subsection 9(1), if the circumstances warrant it, call the organizer for a meeting to advise the organizer on the assembly.

14  Response to notification of assembly
(1) The Officer in charge of the police District shall respond to the notification under subsection 9(1) within five days of the receipt of the notification and shall, in the response, inform the organizer of the restrictions and conditions imposed under section 15, if any.
(2) If the Officer in charge of the police District does not respond to the notification in accordance with subsection (1), the assembly shall proceed as proposed in the notification.

15  Restrictions and conditions
(1) The Officer in charge of the police District may impose restrictions and conditions on an assembly for the purpose of security or public order, including the protection of the rights and freedoms of other persons.
(2) The restrictions and conditions imposed under this section may relate to-
    (a) the date, time and duration of assembly;
    (b) the place of assembly;
    (c) the manner of the assembly;
    (d) the conduct of participants during the assembly;
    (e) the payment of clean-up costs arising out of the holding of the assembly;
    (f) any inherent environmental factor, cultural or religious sensitivity and historical significance of the place of assembly;
    (g) the concerns and objections of persons who have interests; or
    (h) any other matters the Officer in charge of the police District deems necessary or expedient in relation to the assembly.
(3) Any person who fails to comply with any restrictions and conditions under this section commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.

16  Appeal on restrictions and conditions
(1) Any organizer aggrieved by the imposition of restrictions and conditions under section 15 may, within forty-eight hours of being informed of the restrictions and conditions, appeal to the Minister.
(2) The Minister shall give his decision within forty-eight hours of receipt of the appeal under subsection (1).

Amendment  of  section  16
6.   Section  16  of  the  principal  Act  is  amended  by  substituting  for  the  words  “forty-eight  hours”  wherever  appearing  the  words  “twenty-four  hours”.

17  Simultaneous assemblies
(1) If the Officer in charge of a police District receives notifications for two or more assemblies to be organized, and the assemblies are proposed to be held at the same time, date and place, the assemblies may, subject to restrictions and conditions imposed under section 15, be held simultaneously.
(2) If, in the opinion of the Officer in charge of the police District, the assemblies referred to in subsection (1) cannot be held simultaneously-
    (a) the Officer in charge of the police District shall give preference to the organizer who first submitted the notification to hold the assembly in the place of assembly stated in the notification, unless the place of assembly is traditionally or contractually to be used for the other assembly; or
    (b) in the case of notifications of assembly received at the same time, the Officer in charge of the police District shall give preference to the organizer whose name is extracted in a draw held by the Officer in charge of the police District to hold the assembly in the place of assembly stated in the notification.

18  Counter assembly
If the Officer in charge of a police District receives a notification of a counter assembly and it is evident that the organization of the counter assembly will cause conflict between the participants of the assemblies, the Officer in charge of the police District shall give an alternative for the counter assembly to be organized at another time, date or place.

19  Presumption as to organizer
If-
    (a) an assembly is held at a designated place of assembly;
    (b) an assembly is specified in the Third schedule;
    (c) a notification required under subsection 9(1) was not given; or
    (d) a notification required under subsection 9(1) was given but the identity of the organizer stated in the notification is false,

any person who initiates, leads, promotes, sponsors, holds or supervises the assembly, or invites or recruits participants or speakers for the assembly, shall be deemed to be the organizer of the assembly.

PART V   ENFORCEMENT

20  Power of arrest
(1) A police officer may, without warrant, arrest any organizer or participant-
    (a) who, during an assembly, refuses or fails to comply with any restrictions and conditions under section 15;
    (b) who, during an assembly, has in his possession any arms; or
    (c) who recruits or brings a child to an assembly other than an assembly specified in the second schedule.
(2) The police officer shall, before exercising the power of arrest under this section, take necessary measures to ensure voluntary compliance by the organizer or participant.

21  Power to disperse assembly
(1) A police officer may issue an order to disperse in the following circumstances:
    (a) the assembly is held at a prohibited place or within fifty metres from the limit of a prohibited place;
    (b) the assembly is or has become a street protest;
    (c) any person at the assembly does any act or makes any statement which has a tendency to promote feelings of ill-will or hostility amongst the public at large or does anything which will disturb public tranquility;
    (d) any person at the assembly commits any offence under any written law;
    (e) the participants did not or do not comply with the restrictions and conditions imposed under section 15; or
    (f) the participants are engaging in, or about to engage in, unlawful or disorderly conduct or violence towards persons or property.
(2) The police officer, in exercising the power to disperse an assembly under this section, may use all reasonable force.
(3) Any person who fails to comply with the order issued under this section commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit.

Amendment  of  section  21
7.   Subsection  21(1)  of  the  principal  Act  is  amended  by  deleting  paragraph (b).

New  section  21a
8.   The  principal  Act  is  amended  by  inserting  after  section  21  the  following  section:
“Power  to  compound  offences
21a.  (1) The Officer in Charge of a Police District may, with the  consent  in  writing  of  the  Public  Prosecutor,  compound  any  offence  punishable  under  section  9  or  15  by  making  a  written  offer  to  the  person  suspected  to  have  committed  the  offence to compound the offence upon payment to the Officer in  Charge  of  the  Police  District  of  such  amount  of  money  not exceeding five thousand ringgit within such time as may be  specified  in  the  written  offer.
(2)  An  offer  under  subsection  (1)  may  be  made  at  any  time  after  the  offence  has  been  committed  but  before  any  prosecution  for  it  has  been  instituted.   
(3) If the amount specified in the offer is not paid within the  time  specified  in  the  offer,  or  such  extended  time  as  the  Officer in Charge of the Police District may grant, prosecution for the offence may be instituted at any time after that against the  person  to  whom  the  offer  was  made.    
(4)    Where   an   offence   has   been   compounded   under         subsection (1), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was  made,  and  any  document  or  thing  seized  in  connection  with  the  offence  may  be  released  by  the  Officer  in  Charge  of  the  Police  District,  subject  to  such  terms  as  the  Officer  in  Charge  of  the  Police  District  thinks  fit.”.

PART VI   MISCELLANEOUS

22  Maintenance of register
(1) The Officer in charge of a police District shall maintain a register containing the record of notifications received under subsection 9(1), in chronological order.
(2) The register referred to in subsection (1) shall be in the form as the Minister may prescribe.

23  Recordings
A police officer may make any form of recording of an assembly.

24  Media access
Any media representative may have reasonable access to a place of assembly and use any equipment to report on the assembly.

25  Designated place of assembly
(1) The Minister may, by notification in the Gazette, designate any place to be a designated place of assembly.
(2) For the avoidance of doubt, any person who organizes or participates in an assembly held at a designated place of assembly shall have the same responsibilities as an organizer and a participant under sections 6 and 7.

26  Power to amend schedules
The Minister may, by order published in the Gazette, amend the schedules.

27  Regulations
The Minister may make regulations for the better carrying out of the provisions of this Act.

FIRST SCHEDULE
[Section 3]
PROHIBITED PLACES

Dams, reservoirs and water catchment areas
Water treatment plants
Electricity generating stations
Petrol stations
Hospitals
Fire stations
Airports
Railways
Land public transport terminals
Ports, canals, docks, wharves, piers, bridges and marinas
Places of worship
Kindergartens and schools

SECOND SCHEDULE
[Paragraph 4(1)(e)]
ASSEMBLIES IN WHICH A CHILD MAY PARTICIPATE

Religious assemblies
Funeral processions
Assemblies related to custom
Assemblies approved by the Minister

THIRD SCHEDULE
[Paragraph 9(2)(b)]
ASSEMBLIES FOR WHICH NOTIFICATION IS NOT REQUIRED

Religious assemblies
Funeral processions
Wedding receptions
Open houses during festivities
Family gatherings
Family day held by an employer for the benefit of his employees and their
Families
General meetings of societies or associations

FOURTH SCHEDULE
[Section 10]
FORM
NOTIFICATION UNDER SUBSECTION 9(1) – full form not included – see Act.




Peaceful Assembly (Amendment) Act  2019
-          See below just the EXPLANATORY  STATEMENT to the Bill
This  Bill  seeks  to  amend  the  Peaceful  Assembly  Act  2012  (“Act  736”).
2. Clause  1  contains  the  short  title  and  provision  on  the  commencement  of  the proposed Act.
3. Clauses  2,  3  and  7  seek  to  amend  sections  3,  4  and  21  of  Act  736  respectively  to  do  away  with  the  offence  relating  to  a  street  protest.  Due  to  the  change  of  policy  of  the  Government,  the  Government  is  of  the  view  that  the  right  to  assemble  peaceably  and  without  arms  may  include  the  right  to  organize  or  participate  in  a  street  protest  so  long  as  the  street  protest  does  not  pose  any  threat  to  or  affect  the  security  of  the  Federation  or  public  order.  The  street  protest  must  also  be  held  in  a  manner  that  takes  into  account  the  protection of the rights and freedom of other persons. In the event that a street protest  causes  any  nuisance,  or  involves  any  act  of  violence  or  commission  of any criminal offence, such act may be dealt with under other existing laws such  as  the  Penal  Code  [Act  574]  and  Criminal  Procedure  Code  [Act  593].
4. Clause  4  seeks  to  amend  section  9  of  Act  736  to  shorten  the  notification  period  of  an  assembly  from  ten  days  to  seven  days,  before  the  date  of  the  assembly.  This  is  to  further  facilitate  the  holding  of  peaceful  assemblies.
5. Clauses 5 and 6 seek to amend sections 12 and 16 of Act 736 respectively consequential  to  the  amendment  made  to  section  9  of  Act  736.
6. Clause  8  seeks  to  introduce  a  new  section  21a  to  provide  for  the  power  to  compound  offences  punishable  under  sections  9  and  15  of  Act  736.
7. Clause  9  contains  savings  provision.  FINANCIAL  IMPLICATIONSThis  Bill  will  not  involve  the  Government  in  any  extra  financial  expenditure

No comments:

Post a Comment