Call for class action against Police Act

Lawyer Leong Cheok Keng says it is unconstitutional to deny permits for public rallies.

IPOH: A human rights lawyer has called for a class-action suit to challenge the constitutional validity of Section 27 of the Police Act, which sets conditions for the granting of permits for public rallies.“Section 27 of the Police Act has to be challenged in court as it contradicts Articles 4(1)(a) and (b) of the Constitution,” said Leong Cheok Keng, who gained prominence two years ago as counsel for former Perak menteri besar Mohammad Nizar Jamaluddin in his suit against Barisan Nasional’s takeover of the state government.

Article 4(1)(a) of the Federal Constitution provides for freedom of speech and expression and Article 4(1)(b) gives citizens the right to peaceful assembly.

Under Section 27 of the Police Act, a group intending to hold a public rally must apply for a permit 90 days before the event and the district police chief give his decision within three days.

If the application is rejected, an appeal to the chief police officer (CPO) of the state must be filed within 48 hours. The CPO’s decision is final. It cannot be challenged in court.

Leong contends that Section 27 is unconstitutional.

“The police must remember that the Federal Constitution reigns supreme over the Police Act,” he said.

He also criticised the police force for what he said was a bias against opposition parties in its enforcement of the law.

Speaking to FMT, he called on the government to respect the constitutional rights of all citizens and issue “proper guidelines” to the police on the enforcement of Section 27.

Another human rights lawyer, Augustine Anthony, called on the government to repeal the Emergency Ordinance of 1969, as recommended by the Royal Police Commission in 2005.

The ordinance was enacted to combat violent acts of subversion. Anthony noted that police had resorted to using it against opposition parties instead of the notorious Internal Security Act (ISA).

He believes the government fears that using the ISA will attract world attention. The ordinance, like the ISA, enables the police to hold suspects for 60 days and extend the period of detention without trial to two years by order of the Home Minister.