The Kuala Lumpur City Park Bhd, KLCC Urusharta Sdn Bhd and Suria KLCC Sdn Bhd, have threatened to take an injunction order against the organisers of the 'Flashmob 1000 Malaysians Appreciate Christmas Tree'.

This follows a letter from lawyer firm Zul Rafique & Partners, representing the three companies which operate the Kuala Lumpur City Centre.

It is addressed to Monash University lecturer Wong Chin Huat, where the letter was given to him and six others via Facebook that a possible court order would be made against them over organising the event on Saturday at KLCC park.

Besides Wong, the others who received the notice via Facebook were Vienna Looi, Hew Li Huang, Chom Lee, Jason Tan, Ducky Charis Siah and Aduka Seri Perkasa. It is believed this is the first time that such notices have been despatched by a law firm via Facebook.

klcc a samad said protest against assembly bill 1The KilltheBill.org, which is a member of the Free to Assemble (Jom Ke Jalan) Campaign expressed shock on receiving the legal letter by the lawyers acting for KLCC to apply for a court injunction over the protest against the Peaceful Assembly Bill on Human Rights Day.

“We believe this is perhaps the first time in Malaysia, if not the world, where a flashmob is seen as a major threat that warrants a court injunction. This is particularly sad after the world adopted
the Universal Declaration of Human Rights 63 years ago,” said a statement from the organisers.

“This pathetic development demonstrates not only the lack of a sense of humour on the part of the KLCC, but also the absurdity of a certain view that public gatherings must be harmful to public order and economic activities,” the statement added.

The KillTheBill.org has organised two events at the KLCC park, namely ‘Malaysians can walk freely at KLCC Park without police permit’ on Nov 26 and ‘Malaysians can walk freely with Pak Samad at KLCC Park without police permit’ via Facebook invitations on Dec 3.

The law firm representing KLCC has asked the organisers to inform the 3,555 Facebook respondents who intend to attend the event this Saturday to cancel it, failing which it will apply for a court injunction.

Venue not suitable to hold protest

The law firm wants a positive reply within 24 hours failing which it will take action, including applying for an injunction or a restraining order against the seven receipients and other participants from convening or organising the event.

“Please take notice that our clients reserve the right to take all necessary legal action available to our clients to recover from you, losses and damages suffered by our clients following the proposed event,” said the demand letter.

The lawyer said that KLCC as a recreational and commercial place is purely aimed at attracting customers to complement shopping activities.

“Neither of these premises are suitable for the purposes of large gatherings and for purposes of protests of any kind,” the letter said, citing that those events may disrupt business operations.

Meanwhile, the organisers in an immediate response via a statement said they were told by the KLCC security chief that permission from the KLCC management is necessary for the poem recital event but not for visiting the exhibition of Christmas trees inside the KLCC mall.

“We reject completely the KLCC’s accusation that our gatherings can erode and impede regular shoppers and visitors and members of the public to the premises and thereby disrupt the business operations of KLCC’s tenants.

“None of the tenants operate in the park. Rather than disrupting their businesses, our friends who attended have supported them by spending in the mall,” said the organisers.

Organisers not responding to demands

The organisers said they have to turn down the KLCC's demand.

“We do not believe in any authoritarian ideology to regulate activities of our Facebook friends. We hold firmly that Malaysians have the freedom to invite friends via Facebook to meet in public places.

“We will not respond to the 24-hour notice by the KLCC and they may feel free to apply for a court injunction.

“However, we will gladly remove the words ‘Flashmob’ and ‘Human Rights’ in the understanding that these two common words for all civilised countries in the 21st century may cause unnecessary distress to the KLCC management or affiliated parties in Malaysia.”

The organisers further added that public gatherings – even when they are political protests – can be peaceful, fun and business-friendly, and following this, “we are now inviting friends to wear yellow and shop for yellow items at the KLCC this Saturday afternoon”.

“Until proven wrong, we believe that Malaysians are also free to take photos with their yellow purchases in front of the beautiful Christmas trees in the KLCC at 2pm without police permits.”

The Saturday event is therefore renamed as ‘Malaysians Can Go Shopping & Pose with Xmas Trees Without Police Permit’.


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