Proposed law gives police more powers

The proposed Peaceful Assembly Bill 2011 seeks to yield a military with more powers, particularly in imposing restrictions as well as conditions to hold an assembly.

Section 15 of a Bill states that restrictions as well as conditions can be imposed for a role of "security or open order", together with protecting a rights as well as leisure of others.

Section 15(2)(h) allows a district military arch to decide on:

  • Date, time as well as generation of assembly;
  • The venue;
  • Manner of a assembly;
  • Conduct of participants;
  • Clean-up costs arising from a assembly;
  • Any fundamental environmental factor, informative or religious sensitivity as well as chronological stress of a place of assembly;
  • Concerns as well as objections of persons who have interests; or
  • Any other make a difference that he deems required or expedient in relation to a assembly.
  • Anyone violating a restrictions as well as conditions will be probable to a maximum excellent of RM10,000.

    Public open matters have been now governed by Section 27 of a Police Act 1964, that stipulates that a assent contingency be obtained for a open assembly, though does not spell out a conditions in detail.

    Should a organiser remonstrate with a restrictions underneath a new Bill, an appeal can be done to a home minister, who contingency reply within 6 days.

    However, a new Bill does not stipulate either a minister's decisi! upon is fi nal or either it can be challenged in court.

    It also stipulates that a conduct of assemblies cannot "disturb open tranquility", though a details have been not defined.

    It states that both a organisers as well as participants have been responsible for ensuring that actions or statements during a open do not 'promote feelings of ill-will, displeasure or feeling between a open during vast or do anything that will disturb open t! ranquili ty'.

    The Bill does not state either a military have a energy to prevent an open from receiving place, though does state that a military have been allowed to sunder a open should a conditions be breached.

    Venue restrictions

    The military have been required to surprise those who have interests in a open venue, such as property owners, in sequence for them to express probable objections to a event.

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

  • Dams, reservoirs as well as H2O catchment areas
  • Water treatment plants
  • Petrol stations
  • Hospitals
  • Fire stations
  • Airports
  • Railway stations
  • Land open transport terminals
  • Ports, canals, docks, wharves, piers, bridges as well as marinas
  • Places of worship
  • Kindergartens as well as schools
  • All assemblies contingency be hold outward a 50-metre buffer zone around these areas.

    The home apportion can also acknowledgement any place as a taboo area by approach of a gazette.

    The taboo places have been tangible by a Protected Areas as well as Protected Places Act 1959, that gives a home apportion a energy to acknowledgement any area to be a stable one, if it is required or expedient to do so.

    T! he Bill further states that 30 days' notice is required to hold an assembly, solely in designated areas tangible by a home minister.

    Also exempted have been religious assemblies, wake processions, wedding receptions, open houses during festivities, family gatherings, family days hold by an employer for a good of employees as well as their families, as well as ubiquitous meetings of societies or associations.

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

    Read Mo! re @ Sou rce

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