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

Collage 8 5 Collage 8 5
News2 hours ago

Tony Fernandes Postpones Retirement & Will Continue Serving as CEO for Another 5 Years!

Under Tony Fernandes’ leadership, AirAsia turned a dream into reality, transforming the travel landscape in Asia. AirAsia is even considered...

Collage 38 Collage 38
News4 hours ago

“Take care of your sisters” – These were Final Words by a Fallen Officer to Her Son Before TLDM Tragedy

If it was up to us, we would want to stay forever with our loved ones. Unfortunately, we can never...

Collage 7 6 Collage 7 6
News23 hours ago

TLDM Tragedy: Deceased Officer Wanted to Take 1 Last Helicopter Ride Before Retiring & Living with Husband

What was meant to be a training ended up in a tragedy that robbed 10 precious lives, leaving many family...

Collage 5 6 Collage 5 6
News24 hours ago

TLDM Tragedy: Daughters of Fallen Officer Share How They Received the News at School, Say Teachers Cried Too

Malaysians are grieving over the unfortunate deaths of 10 officers of the Royal Malaysian Navy (TLDM), especially their family members....

My Post 1 2024 04 24T140215.309 My Post 1 2024 04 24T140215.309
News1 day ago

Immigration Dept Clarifies That Officers CANNOT Reject Passport Renewal Over Failure to Speak BM

Recently, there was an incident where a Malaysian man could not renew his mother’s passport at UTC Pulau Pinang. In...

My Post 3 2024 04 24T123249.249 My Post 3 2024 04 24T123249.249
News1 day ago

Muscleman Assaults Woman at Thai Gym for Rejecting His Advances After He Trained Her for Free

It’s truly heartbreaking to know that there are still many out there who react with violence upon realising their feelings...

Collage 3 6 Collage 3 6
News1 day ago

“Respect the time” – Kedah State Govt Tells Pasar Malam Vendors to Pause Operations During Maghrib Prayer Time

The Kedah state government is taking measures to make sure the prayer time is utilised for the purpose. In a...

Feat Image Insult Feat Image Insult
News2 days ago

M’sian Driver Has Insufficient Card Balance, Insults Toll Booth Operator When He Can’t Get Through

A viral video has left Malaysians enraged recently, showing the action of a road user insulting and threatening a toll...

Announcement

Latest Videos



TRENDING TODAY