fbpx
Connect with us

Social Stories

“What powers do the police have?” Here’s Everything You Need To Know When Participating In A Protest

Published

Protest Ft
Source: News Colony & Channel News Asia

Follow us on Facebook, Youtube, Twitter, and Instagram for the latest stories and updates daily.

Given the current political climate in Malaysia, many have resorted to protest to express their dissatisfaction with the government and their policies.

Last night, 31 activists were forcefully dragged and arrested by PDRM during a peaceful vigil at Dataran Merdeka. To no one’s surprise, the incident made headlines.

But do Malaysians have the right to protest?

The simple answer; Yes.

In Malaysia, there is an act called the Peaceful Assembly Act 2012. If you’re a Malaysian participating in a protest or any future assemblies, it’s advisable for you to know and understand the rights under this act and what the police can or cannot do.

 

What is the Peaceful Assembly Act 2012?

According to Global Bersih, the Peaceful Assembly Act 2012 exist to regulate public protests. It was first drafted four months after the Bersih 2.0 rally in 2011 and two months after the government announced its intention to amend the Police Act.

The government claims that the Act will allow citizens to organise, as well as participate in assemblies peacefully and without arms under restrictions deemed as necessary in the interest of public order and security.

Protest 2

However, the Bar Council and civil society have strongly criticised the Act, saying that it can be used as a tool to crack down on the right to protest and freedom of expression.

 

Preparations: Things to do before-hand

Organisers are required to give a 10-day notice to the police. However, it is important to note that this notice is not merely asking for any sort of permission nor permit by the police.

It is only needed to be done as a formality of notifying and informing the officer in charge of the police district (OCPD) of an intended assembly. Under the Peaceful Assembly Act, the police have no authority to refuse the assembly, as reported by Global Bersih.

Under section 14(1), it is stated that the police are required to respond within 5 days after receiving the notice. The police are to then inform the organiser of the necessary SOPs, restrictions and conditions imposed under section 15 of the Act.

Protest 4

The conditions under section 15 of the Act are as follows:

  • the date, time and duration of assembly
  • the place of assembly
  • the manner of the assembly
  • the conduct of participants during the assembly
  • the payment of clean-up costs arising out of the holding of the assembly
  • any inherent environmental factor, cultural or religious sensitivity and historical significance of the place of assembly
  • the concerns and objections of persons who have interests, or
  • any other matters the Officer in Charge of a Police District deems necessary or expedient in relation to the assembly.

The assembly may go on as planned even if the police do not respond within 5 days.

Failure to comply with the restriction and conditions will result in a fine up to RM10,000.

 

The power of the police under the Peaceful Assembly Act

Do the police have any power? Yes, in a way they do.

Under section 20 of the act, the police have powers to arrest the organiser(s) and the participants of the assembly without a warrant.

Arrest

Section 20 states that a police officer may arrest if:

  • who, during an assembly, refuses or fails to comply with any restrictions and conditions under section 15
  • who, during an assembly, has in his possession any arms
  • who recruits or brings a child to an assembly other than an assembly specified in the second schedule

Before making the arrest, section 20(c) requires that the police take necessary measures to ensure voluntary compliance by the organiser or participant.

 

Here’s what you can do if you get arrested

The first thing you should do is contact a lawyer or next-of-kin. It is the first order of business.

Always remember that the police have no such power to deny these rights or prevent you from contacting a family member or lawyer for 48 hours.

Numbers To Call

As suggested by Global Bersih, the best thing one could do if he or she do not have any lawyers to go to is to contact the closest Legal Aid Centre or Yayasan Bantuan Guaman Kebangsaan.

You can read more about your rights when being stopped or arrested by PDRM below.

Know your rights and protest peacefully!

 

Also Read: If You Are Stopped or Arrested By PDRM, These Are Your RIGHTS & You Should Know Them!

Ft Arrest Rights

Source: News Colony

Follow us on Facebook, Youtube, Twitter, and Instagram for the latest stories and updates daily.



Just In

My Post 1 2024 11 08T133722.989 My Post 1 2024 11 08T133722.989
News3 hours ago

Home Minister Debunks “Terrible Slander” That Over 1.2 Million China Tourists Visited Malaysia & Didn’t Leave

Home Minister Datuk Seri Saifuddin Nasution Ismail, recently took to his Facebook page to clarify and debunk the notion that...

Collage 32 1 Collage 32 1
News4 hours ago

6 Malaysian UN Peacekeepers Injured by Israeli Drone Strike in Lebanon

On November 8, Malaysia announced that 6 members of the Malaysian Battalion (MALBATT) were injured in an explosion in Lebanon....

Collage 36 Collage 36
News6 hours ago

N. Korean Soldiers in Ukraine are Apparently Hooked on Porn After Getting Internet Access for First Time

In North Korea, only its leader, Kim Jong Un, has access to the Internet. Most of the people in the...

Collage 34 Collage 34
News7 hours ago

Group of Men Casually Steals Cables at Bentong Housing Area, Remains Unfazed When Confronted by Resident

A recent video that went viral shows a group of men allegedly trying to steal copper cables at Taman Bentong...

My Post 1 2024 11 08T100918.362 My Post 1 2024 11 08T100918.362
News7 hours ago

Malaysian Armed Forces Transporter Vehicle Carrying 2 Tanks Crashes on KL-Karak Highway

An armored vehicle transporter (KPKP) belonging to the Malaysian Armed Forces (ATM) was involved in an accident on the Kuala...

Collage11 Collage11
News7 hours ago

KL High Court Orders Ex-PM Muhyiddin to Pay RM1.35 Million to Lim Guan Eng for Defamation

The High Court has ordered Tan Sri Muhyiddin Yassin to pay RM1.35 million in damages to Lim Guan Eng for...

Collage 31 1 Collage 31 1
News1 day ago

PDRM Fires Shots at Tapah R&R in Self-Defense After 2 M’sians Try to Flee & Ram into Officer’s Car

On November 5, 2 suspects attempted to ram into a police vehicle that was trying to stop them at the...

Feat Image Socket Feat Image Socket
News1 day ago

Loke: Use of Sockets on All Express Buses is Temporarily Banned After Fatal Electrocution Case in Penang

Transport Minister Anthony Loke Siew Fook has announced that the Land Public Transport Agency (APAD) has issued a temporary ban...

Announcement

Latest Videos



TRENDING TODAY