Proposed law gives police more powers

The proposed Peaceful Assembly Bill 2011 seeks to provide the police with more powers, particularly in imposing restrictions and conditions to hold an assembly.

Section 15 of the Bill states that restrictions and conditions can be imposed for the purpose of "security or public order", including protecting the rights and freedom of others.

Section 15(2)(h) allows the district police chief to decide on:

1. Date, time and duration of assembly;
2. The venue;
3. Manner of the assembly;
4. Conduct of participants;
5. Clean-up costs arising from the assembly;
6. Any inherent environmental factor, cultural or religious sensitivity and historical significance of the place of assembly;
7. Concerns and objections of persons who have interests; or
8. Any other matter that he deems necessary or expedient in relation to the assembly.

Anyone violating the restrictions and conditions will be liable to a maximum fine of RM10,000.

Public assembly matters are now governed by Section 27 of the Police Act 1964, which stipulates that a permit must be obtained for a public assembly, but does not spell out the conditions in detail.

Should the organiser disagree with the restrictions under the new Bill, an appeal can be made to the home minister, who must reply within six days.

However, the new Bill does not stipulate whether the minister's decision is final or whether it can be challenged in court.

It also stipulates that the conduct of assemblies cannot "disturb public tranquility", but the details are not defined.

It states that both the organisers and participants are responsible for ensuring that actions or statements during the assembly do not 'promote feelings of ill-will, discontent or hostility among the public at large or do anything which will disturb public tranquility'.

The Bill does not state whether the police have the power to prevent an assembly from taking place, but does state that the police are allowed to disperse the assembly should the conditions be breached.

Venue restrictions

The police are required to inform those who have interests in the assembly venue, such as property owners, in order for them to express possible objections to the event.

Although the new law proposed does not specify which venue can be used for such assemblies, it is explicit on areas that cannot be used:

1. Dams, reservoirs and water catchment areas
2. Water treatment plants
3. Petrol stations
4. Hospitals
5. Fire stations
6. Airports
7. Railway stations
8. Land public transport terminals
9. Ports, canals, docks, wharves, piers, bridges and marinas
10. Places of worship
11. Kindergartens and schools

All assemblies must be held outside a 50-metre buffer zone around these areas.

The home minister can also declare any place as a prohibited area by way of a gazette.

The prohibited places are defined by the Protected Areas and Protected Places Act 1959, which gives the home minister the power to declare any area to be a protected one, if it is necessary or expedient to do so.

The Bill further states that 30 days' notice is required to hold an assembly, except in designated areas defined by the home minister.

Also exempted are religious assemblies, funeral processions, wedding receptions, open houses during festivities, family gatherings, family days held by an employer for the benefit of employees and their families, as well as general meetings of societies or associations.

It will be an offence for foreigners to organise or participate in assemblies.