Chief Minister Lim Guan Eng said the state executive council decided today that the intrusion was also an act of "waging war against the state governor" who is part of the state legislature.
Therefore, he said the intruders, who had said they were Umno Youth members in the state, should be charged under Section 121 of the Penal Code.
Section 121B states that it is an offence to wage war against the Yang Dipertuan Agong, a ruler or the Yang Di-Pertua Negeri.
The penalty is life imprisonment. The offence is also liable to a fine.
"We want a heavy penalty on the Umno samsengs (thugs) so that it will serve as an unforgettable reminder to all would-be samsengs... so it will never cross their minds again to violate the sanctity of the house," he said in a press conference at his office in Komtar today.
Lim also wanted the police to use Section 124B of the Penal Code, which states that a person who directly or indirectly commits any activity detrimental to parliamentary democracy shall be punished with imprisonment for a term of up to 20 years.
He said the state would write to the Attorney-General's Chambers on the matter.
Last Wednesday, a group of angry protestors demonstrated in front of the state legislative assembly and demanded to see Seri Delima assemblyman R.S.N. Rayer.
A day before, the DAP rep had uttered "Umno celaka" while lashing out at three state Umno leaders for taking part in and making fiery statements at a rally in Seberang Jaya in January.
At the rally, a banner that read "Because of DAP's leaders' mouths, May 13, 1969 happened... Want some more?" was carried by protestors.
During the state assembly protest, 12 men including deputy Penang Umno Youth chief Jasmin Noordin broke through the gate and went into the house, creating a ruckus there.
Housing exco Jagdeep Singh Deo who was in the house witnessing everything had related how one of the 12 men stepped on the Speaker's podium. The whole episode was also recorded on tape.
Rioting and committing mischief is punishable with two years jail, a fine or both while trespassing carries a punishment of one year in jail, a fine or both.
Lim said a year or two in jail does not mean anything.
"Let it be a lesson they will never forget," he said, referring to the much harsher Sections 121B and 124B of the Penal Code.
Jagdeep, who was present, said Article 10 of the state constitution states that the state legislative assembly, the highest institution in the state, also consists of the governor, who is the representative of the Yang Dipertuan Agong – the symbol of the nation's parliamentary democracy.
Meanwhile, Lim thanked the police for its good work in securing the state legislative assembly building to prevent untoward incidents last Thursday.
He said the state government also wants an explanation from the Penang police as to why the 12 men managed to get past security and the police during the protest on Wednesday.
He also questioned why the police did not detain the trespassers immediately and instead treated the men so "gently".
"It was most out of the ordinary. Why was it allowed to happen?
"Why were they not remanded and instead released on bail?" he asked.
The 12 men were detained shortly after the incident but were released on bail in the early morning hours of last Thursday. Some of them returned with a group of people to the vicinity of the assembly building the next day, raising worries that another protest was going to happen.
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