Flying foreign flags has been a hot topic in recent years, and it seems to be making a comeback after the Royal Malaysia Police (PDRM) launched a probe into the raising of the Israeli flag during the recent “500 Pelayaran Solidariti Kelantan Untuk Gaza” event.
In fact, organisers of the event may face staunch action from the authorities, which includes being arrested without warrant and up to 6 months in jail!
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Read on to find out more.
1. But first, what went on at the 500 Pelayaran Solidariti Kelantan Untuk Gaza?
Last Friday (10 October), nearly 10,000 participants took part in a boat rally from Kampung Pulau Pisang to Lembah Sireh, Kelantan, organised by Pertubuhan Anak Muda Bangkit Malaysia to show solidarity with the Palestinian people.
As part of the event, a boat flying several Israeli flags re-enacted the detention of a vessel carrying Global Sumud Flotilla (GSF) volunteers during their Gaza-bound journey, according to BERNAMA.
The raising of the Israeli flag has since prompted an investigation by PDRM, with the organisers expected to be issued summonses for further questioning.
2. Malaysia prohibits the public display of any flag other than the Jalur Gemilang
Putting up the Israeli flag, or any other flags other than the Jalur Gemilang in Malaysia, for that matter, is an offence under Section 3(1) of the National Emblems (Control of Display) Act 1949.
The provision explicitly prohibits anyone from displaying any “national emblem” in public or at any school.
Speaking to WORLD OF BUZZ, Ahmad Danial bin Mohd Azlan, managing partner at Kuala Lumpur-based ADIL Legal, explained that a national emblem is defined in Section 2 of the same Act as:
- Any flag, banner, or emblem representing or claiming to represent a country other than Malaysia or its states; or
- Any flag, banner, or emblem of a political organisation claiming to be a national movement in any state.
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Meanwhile, regarding “public display,” Danial clarified that the term refers to:
- Displaying on any road, street, bridge, passage, footway, or place accessible to the public or a class of the public; or
- Displaying in a way that makes it visible from such places to any member of the public.
3. Diplomats with immunity may display a ‘national emblem’
There are, however, a few exceptions under Sections 4 and 5 of the National Emblems (Control of Display) Act 1949.
Section 4 allows the public display of a national emblem by diplomatic or consular representatives, officials of Commonwealth countries or Ireland, and those with certain diplomatic immunities.
Display on ships or aircraft is also permitted. Section 5 allows the Home Minister to grant written permission or issue an order in the Gazette for individuals to display a national emblem publicly.
However, in the case of the Israeli flag, these exceptions do not apply, as Malaysia does not recognise or have any diplomatic ties with Israel.
4. What are the possible consequences?
Danial said anyone who displays a national emblem in public without the exemptions in Sections 4 and 5 can be charged under Section 8 of the Act. Offenders could also be arrested without a warrant and face up to six months in jail.
Moreover, individuals could also face a fine of up to RM500, or both, while companies may be fined up to RM1,000. Owners, tenants, or those in charge of premises can also be held responsible if they allow such displays, though prosecution needs written consent from the Public Prosecutor.
Under Section 6, police can arrest without a warrant anyone they reasonably suspect of breaking the Act. Section 7 lets police enter premises, search, and seize items if they believe an offence has taken place.
5. A similar case happened 2 years ago
In a similar case back in 2023, a man was sentenced to six months in jail and fined RM500 after pleading guilty to hanging and displaying the Israeli flag.
Harma Zulfika was charged for displaying an Israeli flag at a vehicle accessories workshop in Bukit Payung on 19 October. The man also has a previous drug-related record and is currently serving a five-year prison sentence for that offence.
With this in mind, be careful if you ever plan to display a foreign flag in Malaysia!
Also read: DAP Slams Those Pressuring Authorities to Prosecute Penang Shopkeer Over Upside-Down Jalur Gemilang
