The Bar Council has called on the government to amend the Peaceful Assembly Bill 2011 to allow street protests.

In a statement today, its president Lim Chee Wee said such activity was already recognised in the Bill as an "moving assembly".

"The prohibition of a 'street protest' is inconsistent with section 10(e)(viii) of the Bill itself (regarding the notification process), which refers to an assembly in procession," Lim said.

He argued that a street protest, as a form of assembly in motion or procession, is already legally recognised in Section 27 of the Police Act 1967.

"Such an assembly in motion is also permitted in most, if not all, of the jurisdictions that we would consider as having a model piece of legislation.   

"Furthermore, there have been several peaceful 'street protests' in Malaysia," said Lim.

This was one of the Bar Council's seven proposed amendments to the Bill which was tabled today.

AG hid this from us

Lim said the council was surprised by the stipulation prohibiting street protests as this was not revealed during the consultation process with the Attorney-General's Chambers. 

The Bar Council's six other proposals are as follows:

  • Allow spontaneous assemblies when it is not reasonable practicable to provide notice.
  • Impose a statutory obligation on the police and home minister to promote freedom of assembly.
  • Omit conditions under Section 15 (2), which covers the conduct of assembly participants, which overlaps with existing laws such as the Penal Code.
  • Omit the presumption in Section 19 on who is deemed to be an assembly organiser because it is an overreaching provision and goes too far.
  • Omit paragraph (c) of Section 21 (1) which allows the police to arrest anyone doing or saying anything that will "disturb public tranquility".
  • Omit any prohibition against the participation children in assemblies covered under the Bill as it contravenes the UN Conventions of the Rights of the Child.
(Read the Peaceful Assembly Bill 2011 in full here)

Police conduct 'consistently atrocious'

Lim warns that the Bill, like Section 27 of the Police Act 1964, vests the police with wide powers who are empowered to impose restrictions and conditions, disperse assemblies and arrest participants.

"The police’s past consistent and atrocious conduct in suppressing assemblies shows that it is crucial that the police change their mindset and abandon the culture of impunity in managing freedom of assembly. 

"In other jurisdictions, the power to impose restrictions and conditions vests in the local authority or a procession commission," he said.

Noting that the Bill also empowers the home minister with authority to make regulations for the enforcement of the provisions in the proposed law, Lim said it was incumbent for the minister to do so to promote, not stifle freedom of assembly.

"Only when the improvements outlined above are implemented, would we begin to have a legislation in the public interest, which truly upholds, protects and promotes freedom of assembly," he said.