A test case for Peaceful Assembly Act?

Teoh El Sen | February 27, 2012

Pahang police are considering taking action against the organisers for violating agreed conditions as well possible offences under the Peaceful Assembly Act 2011.

PETALING JAYA: The anti-Lynas Himpunan Hijau 2.0 mass rally in Kuantan on Sunday may become a test case for police in enforcing the Peaceful Assembly Act 2011.

Pahang police have opened a case on the anti-Lynas Himpunan Hijau 2.0 and are looking at the possibility of prosecuting its organisers.

State police chief Sharifuddin Ab Ghani told FMT that the police are looking at two possible offences committed by the organisers and protesters under the new Act.

“Firstly, the new law prohibits a street protest. There should be no processions, that has been clearly defined under the relevant sections in the Act,” Sharifuddin said.

“Secondly, children under the age of 15 should not be participants.”

He said action , if any, would most likely be taken against the organisers instead of protesters as “they are the ones who should be responsible”.

Sharifuddin said the police are taking action based on a report lodged on the gathering, adding that the report was lodged by the police themselves.

“We will do our normal police investigations, that is our trade. And we will follow our usual procedure of investigating in accordance with the law. If they are doing inappropriate things, then we will submit the investigation papers to the DPP (Deputy Public Prosecutor) to decide if there are any charges,” Sharifuddin said.

Under the Peaceful Assembly Act, offenders can be fined up to RM20,000 for bringing a child to an assembly, and up to RM10,000 for other offences.

Meanwhile, Himpunan Hijau 2.0 organising chairman Wong Tack told FMT that he was not afraid of being questioned by the police, though he has yet to be called.

Wong is also the Sabah Environmental Protection Association president.

Peaceful Malaysians

However, he cautioned the police against taking action against peaceful Malaysians who are exercising their right to assemble as it would embarrass Malaysia and tarnish the police’s own image.

“From the way the police behaved yesterday, we were very much encouraged by how for the first time, we are seeing such a positive attitude from the authorities,” he said.
Wong said despite having over 20,000 people, the medical team did not even need to use one bandage yesterday.

“This proves that Malaysians are matured enough, wise enough to organise and put together such an event. I congratulate the Pahang CPO for carrying out his promises accordingly… but if they now go ahead and try to punish us, then I have nothing to say. Don’t belittle our nation,” Wong said.

He said that the organisers had advised parents not to bring their children, but added that there was nothing wrong with having children in the group. “There was also nothing [mentioned] about children in the conditions between police and organisers.”

On having a procession, Wong said that it was inevitable that protesters needed to walk to the field.

“It was the municipal council who was responsible for this. Initially when it was near the hotel, many could just walk there, but after we changed venue, many had to walk, and it became a march, unless you had provided transport.”

Yesterday, Kuantan district police chief ACP Mohd Jasmani Yusoff said that the organisers had failed to comply with some of the conditions set, including marching to the venue and allowing political speeches at the Kuantan Municipal Council 4 (MPK4) field.

About 20,000 people joined the rally yesterday. Opposition Leader Anwar Ibrahim promised to cancel the Lynas project if the opposition took over the government.

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