MCLM puzzled over city hall’s action

Bersih Sabah said it had fully adhered to the provisions of the newly enacted Peaceful Assembly Act and is surprised at the Kota Kinabalu City Hall's counter-statement.

KOTA KINABALU: Malaysian Civil Liberties Movement (MCLM) is puzzled over Kota Kinabalu City Hall’s (DBKK) backstep after giving it the “nod” to hold the Bersih Sabah peaceful assembly in Padang Merdeka on April 28.

DBKK had issued a statement on April 26, saying that Bersih Sabah’s request for a permit to hold the rally at Padang Merdeka was not granted.

“How is that possible?” asked MCLM Sabah chief, Michael Liew.

“How can DBKK reject a permit which was never applied for in the first place?”

“Based on our understanding, Bersih Sabah never applied to use Padang Merdeka because DBKK had told us that they had no objections.”

According to Liew, Bersih Sabah had written letters of notification to both the police and DBKK of their activities on April 17.

“According to section 9(1) of the newly enacted Peaceful Assembly Act, an organiser shall, 10 days before the date of an assembly, notify the officer in charge of the police district in which the assembly is to be held.

“This provision was fully adhered to by the representatives of Bersih Sabah,” Liew said.

He added that following the discussion that took place between the police and DBKK with Bersih Sabah representatives on April 24, the coalition issued a statement confirming that DBKK and the Kota Kinabalu police had no objection to the movement to gather at Padang Merdeka on April 28.

“DBKK did say it is a public event, then there should be no objection to the attendance of Bersih supporters as long as they are there to assemble peacefully,” Liew said.

He said both parties – DBKK and police – also confirmed that there are no restrictions on the dress code. Participants are free to wear yellow and green T-shirts in support of Bersih and Himpunan Hijau.

Going ahead

But two days before the rally, DBKK apparently got cold feet and took a backstep.

On April 26, DBKK issued a counter-statement denying that it had approved the gathering scheduled for Padang Merdeka.

But Bersih Sabah is unperturbed and is going ahead with its plans based on the Peaceful Assembly Act under Section 2, which states that:

(a) so far as it is appropriate to do so, that all citizens have the right to organise assemblies or to participate in assemblies, peaceably and without arms; and

(b) that the exercise of the right to organise assemblies or to participate in assemblies, peaceably and without arms, is subject only to restrictions deemed necessary or expedient in a democratic society in the interest of the security of the Federation or any part thereof or public order, including the protection of the rights and freedoms of other persons

The right to assemble is also guaranteed under Article 10 of the Federal Constitution of Malaysia. Malaysian citizens have the right to freedom of speech, freedom of assembly and freedom of association.