“Every legal power must have legal limits, otherwise there is dictatorship.
The Courts are the only defence of the liberty of the subject against departmental aggression. In these days when government departments and public authorities have such great powers and influence, this is a most important safeguard for the citizen;
so that the courts can see that these great powers and influence are exercised in accordance with law.”
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$The Courts are the only defence of the liberty of the subject against departmental aggression. In these days when government departments and public authorities have such great powers and influence, this is a most important safeguard for the citizen;
so that the courts can see that these great powers and influence are exercised in accordance with law.”
- Raja Azlan Shah, (Pengarah Tanah & Galian, WP v Sri Lempah Enterprise Sdn Bhd [1978] 1 LNS 143)
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
With the campaigning in KT over, (victorious or otherwise) it would probably be best that we focus back to the ills of the nation as a whole. But I'm pretty certain that Pas should win hands down - unless of course, BN "works its magic" again with the help of other "magicians" like PRDM, EC, and their "running dogs".========================
**Update:
(Malaysia Kini)9.10pm: According EC official tally: PAS (32,393 votes), BN (29,969), Independent (191) with two more boxes to be tallied. The majority so far is 2,424.
Terengganu can now show their middle to the Fat Lady,
and tell her that she isn't wanted in KT!
Viva Pakatan Rakyat!!
and tell her that she isn't wanted in KT!
Viva Pakatan Rakyat!!
======================================
With tomorrow being Sunday - the day of the Fellowship/Vigil at the MBPJ grounds - I'm reminded of the police action last Sunday. I clearly remember how all of us participants at the fellowship were being surrounded by the Police while being told through a hailer that we were participation in a "perhimpunan haram", and that we were given 5 minutes to disperse, or we will be dispersed "dengan kekerasan" (this part was said with a softer voice- almost a mumble!).While we may have a beautiful Federal Constitution which Shad Faruqi might call "Document of Destiny", it definitely doesn't chart our destiny.
Malaysia's destiny however, has been/ is / will be "cleverly" charted by the following "Acts" which were enacted in through the Parliament - either due to "circumstantial necessity", "deception" or plain "brute force". These "Acts" which became "law", may be regarded by many as "Unconstitutional" at best.
"It is a little-known fact that Malaysians still live under four emergency proclamations – the 1964 Proclamation as a result of the confrontation with Indonesia, the 1966 Sarawak Proclamation following a constitutional standoff there, the 1969 nationwide Proclamation after the May 13 riots and the 1977 Kelantan Proclamation following a political crisis there. The Malaysian Bar has called for the repeal of these proclamations. As a result of the proclamations, a raft of legislation were enacted giving untrammelled powers to the executive to legalise preventive and arbitrary detention, regulate trade unions and evict urban settlers...... Preventive detention laws such as the Internal Security Act 1960 (ISA), the Emergency (Public Order and Prevention of Crime) Ordinance 1969 (EO) and the Dangerous Drugs (Special Preventive Measures) Act 1985 (DDA) continue to be used against suspects. Recommendations for reform and/or repeal of the said laws by Suhakam, BN component parties, the Malaysian Bar and civil society have fallen on deaf ears. Torture, inhuman and degrading treatment continue to be inflicted on detainees. The recent story of former ISA detainee Sanjeev Kumar Krishnan is a case in point. His allegations of being forced to drink urine and being subjected to sexual acts have yet to be properly investigated. Sanjeev is now confined to a wheel-chair."- Edmund Bon, Fight for rights far from over
These are the very laws that ensure the perpetuation of corruption and the enslavement of the citizen to an "almighty political aristocracy" - and of course the continued rule of the Umno/BN regime. It has in effect rendered the people "powerless" to run their own lives. With these laws in place, we the people are in effect, at the mercy of the "goodwill" of these "Gods" in the corridors of power.
The sad fact remains that a vast majority of Malaysians still don't seem to realize the implications of these laws. As a matter of fact, many tend to rationalize the "necessity" of the following laws, based on the "fear tactics/ dramas" enacted by "certain quarters" who have access to "resources". To these people, being automatons who go about their "daily duties", defines their humanity - which renders them no better than the buffallo with a nose-ring.
Having had the "nose-ring" on a leash all their lives, they actually tend to fear "the chaos" that might result, should this "ring" be lost.
There is a paradox created here - "these people" give up every single right that they have to the "powers that be", so that their rights are "protected" and "preserved"!! This is the so-called "social contract" that they have been defending all the while - not the Federal Constitution which guarantees them freedom as human being.
These defenders of the "social contract", demand that we have a Police State!
Mahathir (who has always been in the "inner circle" since the early days), of course didn't anticipate tasting a little of his own medicine (he once wielded during Ops Lalang) soon after he stepped down, when he criticised Pak Lah/ Jo Baharum.
The powers that be, can now rest assured that they can proceed with their heartless exploitation and piracy, without restraint and with impunity.
The truth is, as a result of 50 years of indoctrination (more so since 513), many Malaysians FEAR the freedom which the Federal Constitution accords them. The government of the day calls this "achievement" in creating a generation of voiceless and faithless (and judging by the rhetoric of the Umno/BN "leadership" - some say, mindless) automatons, "Education"! Mahathir called it Wawasan 2020, while Pak Lah calls it cemerlang, Gemilang, Terbilang. The "leaders have succeeded in making the people believe that their docility, resignation & compliance makes them "good citizens"!!
Today they (the supporters of the "social contract") cannot fathom living in freedom, and are so faithless, that they don't trust themselves with freedom - and demand the leash by with they are shackled. They demand that they be given a noose to hang by, for the rope they hand the "leaders" (by paying taxes- but of course, the privileged don't!).
For those who doubt the truth in what I say, it would be advisable that you go through the following - these are the shackles that render your voice irrelevant. These are the shackles that render you criminal, and at the mercy of "gods who walk the corridors of power".
No right thinking man who believes in a true God or at least Humanity would agree to the following laws (linked), unless there is a war/emergency/chaos. In the following, I have highlingted/ expanded a little on elements of the Police Act which most aren't really aware of given the "glamour" accorded to the ISA (links to what I published on ISA are below, under "Related Posts").
1. ISA (Act 82 INTERNAL SECURITY ACT 1960),
2. Police Act (Act 344 POLICE ACT 1967)-
27. Power to regulate assemblies, meetings and processions
27A. Power to stop certain activities which take place other than in a public
place
27B. Use of force in dispersing or arresting persons pursuant to section 27
or 27A27C. Consent to prosecute offences under section 27 or 27A
3. OSA (Act 88 OFFICIAL SECRETS ACT 1972),
4. PPPA (Act 301 PRINTING PRESSES AND PUBLICATIONS ACT 1984),
5. UUCA (Act 30 UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971).
Act 344 POLICE ACT 1967
Power to regulate assemblies, meetings and processions
27. (1) Any Officer in Charge of a Police District or any police
officer duly authorized in writing by him may direct, in such
manner as he may deem fit, the conduct in public places in such
Police District of all assemblies, meetings and processions, whether
of persons or of vehicles and may prescribe the route by, and the
time at, which such assemblies or meetings may be held or such
procession may pass.
officer duly authorized in writing by him may direct, in such
manner as he may deem fit, the conduct in public places in such
Police District of all assemblies, meetings and processions, whether
of persons or of vehicles and may prescribe the route by, and the
time at, which such assemblies or meetings may be held or such
procession may pass.
(2) Any person intending to convene or collect any assembly
or meeting or to form a procession in any public place aforesaid,
shall before convening, collecting or forming such assembly, meeting
or procession make to the Officer in Charge of the Police District
in which such assembly, meeting or procession is to be held an
application for a licence in that behalf, and if such police officer
is satisfied that the assembly, meeting or procession is not likely
to be prejudicial to the interest of the security of Malaysia or any
part thereof or to excite a disturbance of the peace, he shall issue
a licence in such form as may be prescribed specifying the name
of the licensee and defining the conditions upon which such assembly,
meeting or procession is permitted:
Provided that such police officer may at any time on any ground
for which the issue of a licence under this subsection may be
refused, cancel such licence.
or meeting or to form a procession in any public place aforesaid,
shall before convening, collecting or forming such assembly, meeting
or procession make to the Officer in Charge of the Police District
in which such assembly, meeting or procession is to be held an
application for a licence in that behalf, and if such police officer
is satisfied that the assembly, meeting or procession is not likely
to be prejudicial to the interest of the security of Malaysia or any
part thereof or to excite a disturbance of the peace, he shall issue
a licence in such form as may be prescribed specifying the name
of the licensee and defining the conditions upon which such assembly,
meeting or procession is permitted:
Provided that such police officer may at any time on any ground
for which the issue of a licence under this subsection may be
refused, cancel such licence.
(2A) An application for a licence under subsection (2) shall be
made by an organization or jointly by three individuals.
Police 25
(2B) Where an application is made jointly by three individuals,
the police officer to whom the application is made shall refuse the
application if he is satisfied that the assembly, meeting or procession
for which a licence is applied is in actual fact intended to be
convened, collected or formed by an organization.
(2C) Where an application is made jointly by three individuals,
the police officer issuing the licence shall specify in the licence
the names of those persons as licensees.
(2D) No licence shall be issued under subsection (2) on the
application of an organization which is not registered or otherwise
recognized under any law in force in Malaysia.
(3) Any police officer may stop any assembly, meeting or
procession in respect of which a licence has not been issued or
having been issued was subsequently cancelled under subsection
(2) or which contravenes any of the conditions of any licence
issued in respect thereof under that subsection; and any such police
officer may order the persons comprising such assembly, meeting
or procession to disperse.
(4) Any person who disobeys any order given under subsection
(1) or subsection (3) shall be guilty of an offence.
(4A) Where any condition of a licence issued under subsection
(2) is contravened, the licensees shall be guilty of an offence.
(5) Any assembly, meeting or procession—
(a) which takes place without a licence issued under subsection
(2); or
(b) in which three or more persons taking part neglect or
refuse to obey any order given under subsection (1) or
subsection (3),
shall be deemed to be an unlawful assembly, and all persons attending, found at or taking part in such assembly, meeting or procession and, in the case of an assembly,
meeting or procession for which no licence has been
issued, all persons attending, found at or taking part or
concerned in convening, collecting or directing such
assembly, meeting or procession, shall be guilty of an offence.
(5A) In any prosecution for an offence under subsection (5) of
attending, being found at or taking part in an assembly, meeting or procession which is an unlawful assembly, it shall not be a defence that the person charged did not know that the assembly, meeting or procession was an unlawful assembly or did not know of the facts or circumstances which made the assembly, meeting or procession an unlawful assembly.
(5B) In any prosecution for an offence under subsection (5) of
attending or being found at an assembly, meeting or procession
which is an unlawful assembly, it shall be a defence that the presence of the person charged came about through innocent circumstances and that he had no intention to be otherwise associated with the assembly, meeting or procession.
(5C) For the purposes of subsection (5), where it appears from
all the circumstances relating to an assembly, meeting or procession
that it was convened, collected or directed by or with the involvement,
participation, aid, encouragement, support or connivance of an
organization, every member of the governing body of the organization
shall be deemed to have taken part or been concerned in convening,
collecting or directing the assembly, meeting or procession unless
he proves that he did not know nor had any reason to believe or
suspect that the assembly, meeting or procession was going to take
place or, if he knew or had reason to believe or suspect as aforesaid,
he had taken all reasonable steps to prevent the assembly, meeting
or procession from taking place or, if it was not reasonably within
his power to so prevent, he had publicly objected to or dissociated
himself from the convening, collecting or directing of the assembly,
meeting or procession.
(6) Any police officer may, without warrant, arrest any person reasonably suspected of committing any offence under this section.
(7) Any person aggrieved by the refusal of the Officer in Charge of a Police District to issue a licence under subsection (2) may within forty-eight hours of such refusal appeal in writing to the Commissioner or Chief Police Officer; and the decision of the said Commissioner or Chief Police Officer thereon shall be final.
(8) Any person who is guilty of an offence under this section
shall be liable on conviction to a fine of not less than two thousand
ringgit and not more than ten thousand ringgit and imprisonment
for a term not exceeding one year.
(8A) Sections 173A and 294 of the Criminal Procedure Code
[Act 593] shall not apply in respect of an offence under this section.
Power to stop certain activities which take place other than in
a public place
27A. (1) Where any activity takes place on or in any land or
premises which do not constitute a public place and—
(a) the activity is directed to, or is intended to be witnessed
or heard or participated in by, persons outside the land
or premises, or is capable from all the circumstances of
being understood as being so directed or intended; or
(b) the activity attracts the presence of twenty persons or
more outside the land or premises; or
(c) the activity is likely to be prejudicial to the interest of
the security of Malaysia or any part thereof or to excite
a disturbance of the peace,
any police officer may order the persons involved in the activity
to stop the activity and may order all persons found on or in or
outside the land or premises to disperse.
(2) Any person who disobeys any order given under subsection
(1) shall be guilty of an offence.
(3) Where three or more persons neglect or refuse to obey any
order given under subsection (1), the activity concerned shall be
deemed to be an unlawful activity, and all persons taking part or
concerned in the activity, or in organizing or directing the activity,
shall be guilty of an offence.
(4) For the purposes of subsection (3), where it appears from
all the circumstances relating to an activity that it was organized
or directed by or with the involvement, participation, aid,
encouragement, support or connivance of an organization, every
member of the governing body of the organization shall be deemed
to have taken part or been concerned in organizing or directing the
activity unless he proves that he did not know nor had any reason
to believe or suspect that the activity was going to take place or,
if he knew or had reason to believe or suspect as aforesaid, he had
taken all reasonable steps to prevent the activity from taking place
or, if it was not reasonably within his power to so prevent, he had
publicly objected to or dissociated himself from the organizing or
directing of the activity.
(5) Any police officer may, without warrant, arrest any person
reasonably suspected of committing any offence under this section.
(6) Any person who is guilty of an offence under this section
shall be liable on conviction to a fine of not less than two thousand
ringgit and not more than ten thousand ringgit and imprisonment
for a term not exceeding one year.
(7) Sections 173A and 294 of the Criminal Procedure Code shall
not apply in respect of an offence under this section.
Use of force in dispersing or arresting persons pursuant to
section 27 or 27A
27B. If persons are ordered to disperse pursuant to subsection
27(3) or 27A(1) and do not disperse, any police officer or any other
person acting in aid of a police officer may do all things necessary
for dispersing them and for arresting them or any of them pursuant
to subsection 27(6) or 27A(5), and, if any person makes resistance,
may use such force as is reasonably necessary for overcoming
resistance.
Consent to prosecute offences under section 27 or 27A
27C. (1) A prosecution for an offence under section 27 or 27A
shall not be instituted except with the consent in writing of the
Public Prosecutor, but a person who is to be charged with the
offence may be arrested, or a warrant for his arrest may be issued
and executed, and he may be remanded in custody or released on
bail, notwithstanding that the consent of the Public Prosecutor to
the institution of prosecution for the offence has not been obtained,
but the case shall not be further prosecuted until the consent has
been obtained.
(2) When a person is brought before a court on a charge under
section 27 or 27A before the Public Prosecutor has consented to
the prosecution, the charge shall be read and explained to him but
he shall not be called upon to plead thereto, and the Criminal
Procedure Code shall be modified accordingly.
made by an organization or jointly by three individuals.
Police 25
(2B) Where an application is made jointly by three individuals,
the police officer to whom the application is made shall refuse the
application if he is satisfied that the assembly, meeting or procession
for which a licence is applied is in actual fact intended to be
convened, collected or formed by an organization.
(2C) Where an application is made jointly by three individuals,
the police officer issuing the licence shall specify in the licence
the names of those persons as licensees.
(2D) No licence shall be issued under subsection (2) on the
application of an organization which is not registered or otherwise
recognized under any law in force in Malaysia.
(3) Any police officer may stop any assembly, meeting or
procession in respect of which a licence has not been issued or
having been issued was subsequently cancelled under subsection
(2) or which contravenes any of the conditions of any licence
issued in respect thereof under that subsection; and any such police
officer may order the persons comprising such assembly, meeting
or procession to disperse.
(4) Any person who disobeys any order given under subsection
(1) or subsection (3) shall be guilty of an offence.
(4A) Where any condition of a licence issued under subsection
(2) is contravened, the licensees shall be guilty of an offence.
(5) Any assembly, meeting or procession—
(a) which takes place without a licence issued under subsection
(2); or
(b) in which three or more persons taking part neglect or
refuse to obey any order given under subsection (1) or
subsection (3),
shall be deemed to be an unlawful assembly, and all persons attending, found at or taking part in such assembly, meeting or procession and, in the case of an assembly,
meeting or procession for which no licence has been
issued, all persons attending, found at or taking part or
concerned in convening, collecting or directing such
assembly, meeting or procession, shall be guilty of an offence.
(5A) In any prosecution for an offence under subsection (5) of
attending, being found at or taking part in an assembly, meeting or procession which is an unlawful assembly, it shall not be a defence that the person charged did not know that the assembly, meeting or procession was an unlawful assembly or did not know of the facts or circumstances which made the assembly, meeting or procession an unlawful assembly.
(5B) In any prosecution for an offence under subsection (5) of
attending or being found at an assembly, meeting or procession
which is an unlawful assembly, it shall be a defence that the presence of the person charged came about through innocent circumstances and that he had no intention to be otherwise associated with the assembly, meeting or procession.
(5C) For the purposes of subsection (5), where it appears from
all the circumstances relating to an assembly, meeting or procession
that it was convened, collected or directed by or with the involvement,
participation, aid, encouragement, support or connivance of an
organization, every member of the governing body of the organization
shall be deemed to have taken part or been concerned in convening,
collecting or directing the assembly, meeting or procession unless
he proves that he did not know nor had any reason to believe or
suspect that the assembly, meeting or procession was going to take
place or, if he knew or had reason to believe or suspect as aforesaid,
he had taken all reasonable steps to prevent the assembly, meeting
or procession from taking place or, if it was not reasonably within
his power to so prevent, he had publicly objected to or dissociated
himself from the convening, collecting or directing of the assembly,
meeting or procession.
(6) Any police officer may, without warrant, arrest any person reasonably suspected of committing any offence under this section.
(7) Any person aggrieved by the refusal of the Officer in Charge of a Police District to issue a licence under subsection (2) may within forty-eight hours of such refusal appeal in writing to the Commissioner or Chief Police Officer; and the decision of the said Commissioner or Chief Police Officer thereon shall be final.
(8) Any person who is guilty of an offence under this section
shall be liable on conviction to a fine of not less than two thousand
ringgit and not more than ten thousand ringgit and imprisonment
for a term not exceeding one year.
(8A) Sections 173A and 294 of the Criminal Procedure Code
[Act 593] shall not apply in respect of an offence under this section.
Power to stop certain activities which take place other than in
a public place
27A. (1) Where any activity takes place on or in any land or
premises which do not constitute a public place and—
(a) the activity is directed to, or is intended to be witnessed
or heard or participated in by, persons outside the land
or premises, or is capable from all the circumstances of
being understood as being so directed or intended; or
(b) the activity attracts the presence of twenty persons or
more outside the land or premises; or
(c) the activity is likely to be prejudicial to the interest of
the security of Malaysia or any part thereof or to excite
a disturbance of the peace,
any police officer may order the persons involved in the activity
to stop the activity and may order all persons found on or in or
outside the land or premises to disperse.
(2) Any person who disobeys any order given under subsection
(1) shall be guilty of an offence.
(3) Where three or more persons neglect or refuse to obey any
order given under subsection (1), the activity concerned shall be
deemed to be an unlawful activity, and all persons taking part or
concerned in the activity, or in organizing or directing the activity,
shall be guilty of an offence.
(4) For the purposes of subsection (3), where it appears from
all the circumstances relating to an activity that it was organized
or directed by or with the involvement, participation, aid,
encouragement, support or connivance of an organization, every
member of the governing body of the organization shall be deemed
to have taken part or been concerned in organizing or directing the
activity unless he proves that he did not know nor had any reason
to believe or suspect that the activity was going to take place or,
if he knew or had reason to believe or suspect as aforesaid, he had
taken all reasonable steps to prevent the activity from taking place
or, if it was not reasonably within his power to so prevent, he had
publicly objected to or dissociated himself from the organizing or
directing of the activity.
(5) Any police officer may, without warrant, arrest any person
reasonably suspected of committing any offence under this section.
(6) Any person who is guilty of an offence under this section
shall be liable on conviction to a fine of not less than two thousand
ringgit and not more than ten thousand ringgit and imprisonment
for a term not exceeding one year.
(7) Sections 173A and 294 of the Criminal Procedure Code shall
not apply in respect of an offence under this section.
Use of force in dispersing or arresting persons pursuant to
section 27 or 27A
27B. If persons are ordered to disperse pursuant to subsection
27(3) or 27A(1) and do not disperse, any police officer or any other
person acting in aid of a police officer may do all things necessary
for dispersing them and for arresting them or any of them pursuant
to subsection 27(6) or 27A(5), and, if any person makes resistance,
may use such force as is reasonably necessary for overcoming
resistance.
Consent to prosecute offences under section 27 or 27A
27C. (1) A prosecution for an offence under section 27 or 27A
shall not be instituted except with the consent in writing of the
Public Prosecutor, but a person who is to be charged with the
offence may be arrested, or a warrant for his arrest may be issued
and executed, and he may be remanded in custody or released on
bail, notwithstanding that the consent of the Public Prosecutor to
the institution of prosecution for the offence has not been obtained,
but the case shall not be further prosecuted until the consent has
been obtained.
(2) When a person is brought before a court on a charge under
section 27 or 27A before the Public Prosecutor has consented to
the prosecution, the charge shall be read and explained to him but
he shall not be called upon to plead thereto, and the Criminal
Procedure Code shall be modified accordingly.
=====================================================
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