UNLAWFUL ASSEMBLY

1. ASMAH BINTI CHE WAN 226388
WAN NUR FATIHAH BINTI MUKHTAR 226713
NUR AKMAL BINTI ADNAN 225543
MUHAMMAD AMIR ZAHIN BIN ISMAIL 225645
NOR NAZRUL AFEEQ BIN NOR AZZMAN 225321

2. INTRODUCTION
Definition of Unlawful Assembly
• generally means a meeting of three or more people
likely to cause breach of peace

3. • Lord Hawkins  unlawful assembly
is the meeting of many people which
would endanger the public peace in
order to recover their interests.
• Under Section 141 of PCan assembly
would be considered as unlawful when
there are assembly of five or more
person and the common object of
these persons themselves are unlawful.

4. OBJECTIVES
• discuss critically about how lawful assembly may become
unlawful and how the government will handle this issue
• define on how the government will use certain acts to
control freedom of assembly in Malaysia includes by using
Federal Constitution, Penal Code, Criminal Procedure Code,
Police Act 1967, and also Peaceful Assembly Act 2012
• Disclose few debates and critics on Peaceful Assembly Act
2012
• make some comparisons for law on freedom of assembly in
Malaysia and another country

5. APPLICATION OF
LAW OF UNLAWFUL
ASSEMBLY BEFORE
2012

6. FEDERAL
CONSTITUTION

7. FEDERAL CONSTITUTION
Article 10(1)(b)  all citizens have the right to assemble
peaceably and without arms
Article 10(2)  parliament may by law imposed restiction for
public security, friendly relations with other countries, public
order or morality and restriction designed to protect the
privileges of parliament or of any legislative assembly or to
provide against contempt of court, defamation or incitement
of any offence
Have right to assemble peacebly, but restricted to certain
extent.
under the principle that human beings are not always right
in the use of their rights

8. Nik Noorhafizi bin Nik Ibrahim & Ors v Public Prosecutor
• issue is whether S 27 of Police Act 1967 inconsistent with Article
10 of FC.
• appellants were found in an assembly where a police licence
had not been issued under S 27(2) of the Police Act 1967.
• Appellants argued that its contravened art 10(1)(b) of the
Federal Constitution.
• HC held that provision of the Act was valid and constitutional.
Even though citizens have right to assemble peaceably, but still
subject to the Article 10(2), (4) and also Article 149 of the
Federal Constitution which give parliament power to enact law
for security and public order.
• Section 27 of Police Act 1967 as constitutional and valid.
 this ‘freedom’ is actually not a question of right but rather of
privilege in nature.

9. PENAL CODE

10. S141 of PC  assembly of five or more persons where
the common object of the persons composing that
assembly is
(a) To restrain by
criminal force
exercise of the
lawful powers eg
public servant
(b) To resist
any legal
process
(c) To commit
any mischief
or criminal
trespass, or
other offence
(d) By means of
criminal force, to
any person, obtain
possession of any
property, or to
deprive any person
of the enjoyment of
a right which he is in
possession
(e) By means of
criminal force to
compel any person
to do what he is not
legally bound to do,
or to omit to do
what he is legally
entitled to do.

11. • Section 142 of PC
Participation of an unlawful assembly.
The member of a lawful assembly who knows
that the assembly had become unlawful but
intentionally still continue assembling
• Section 143 of PC
Punishment for the crime of unlawful assembly.
Imprisonment up to six months or fine or both.

12. • Section 149 of PC
Common objective
Mohd Haikal bin Mohd Khatib Saddaly & Ors v Public
Prosecutor (2009) 4 MLJ 305
The appellants killed a member in their school during a
fight. It was not sure who deliver the fatal blow. The court
then held that it was a joint liability as stated under
Section 149 of the Penal Code because they had common
object of causing grievous hurt that would likely lead to
death.
• Section 151 of PC
Punishment for the continuing the unlawful assembly
even after as to be disperse.

13. CRIMINAL
PROCEDURE CODE

14. CRIMINAL PROCEDURE CODE
• Section 83 of CPC
duty of Magistrate, gazette police officer not below the rank of
Inspector to give notice to disperse unlawful assembly and it is the
duty of the assembly members to disperse accordingly .
• Section 84 of CPC
If members of unlawful assembly refuse to disperse as commanded
by the person in power, the armed force may do all things necessary
to disperse the assembly.
Siva Segara v Public Prosecutor,
A group of lawyers has been held guilty for participating in an
unlawful assembly even after the commission for the rally to be
dispersed has been given. They were charged under Section 84 of the
Act 593 for disobeying a command to disperse by the authority which
was made under Section 83 of the Criminal Procedure Code.

15. POLICE ACT
1967

16. POLICE ACT
• The Police Act requires a permit to be obtained from the
police for any public assemblies, meetings and processions,
and further requires that these gatherings are not likely to
be ‘prejudicial to the interest of the security of Malaysia or
any part thereof to excite a disturbance of the peace.
• Section 27(1) of the Police Act 1967
The authority or the power to regulate an assembly to the
police officer in charge of police district.
• Section 27(2) of the Police Act 1967.
Police have the power to issue a license for an assembly.

17. Murugan A/L Muniandy V Public Prosecutor
The appellant was charged with an offence
under Section 27(5)(a) of the Police Act 1967 for
being in an unlawful assembly in a public place for
which no license had been issued. An application
for a license had been made to hold an assembly in
front of the British High Commission. The police in
charge had refused the issue of such license.
Nevertheless, a group of about 600 Indians had and
headed towards the British High Commission. The
group had failed to disperse despite warnings from
the police.
Appellant convicted.
• Should get the permit first

18. PEACEFUL
ASSEMBLY ACT
2012

19. Peaceful Assembly Act 2012
• enacted to provide a guideline to the people in
organizing or attending an assembly.
• provide the people with a legal channel to
organize and participate in such a peaceful
assembly.
• The act also conferred power to the police to
make restrictions.
• specific law regulates on the rules and regulations
in organizing and joining an assembly.

20. • Is said to be a less-stringent law in governs
the issues faced regarding assemblies.eg:
-No requirement for a permit
Notify police within 10
days
-mitigation of power of the police.
only act as the regulator and
observer of the event.

21. • However, a police officer may arrest
without warrant any organiser or
participant who:
fails to comply with any restrictions
possess any arms; or
recruits or brings a child to an
assembly not permited under the Act.
• Before exercising his power of arrest,
police officer shall take necessary
measure to ensure voluntary
compliance.

22. • A police officer may order an assembly to
disperse if:
(i) it is held at a prohibited place or within 50
metres of such place
(ii) the assembly becomes a street protest
(iii) any person at the assembly does or something
that would tend to promote ill will, discontent or
hostility amongst the public or does something that
would disturb public tranquility
(iv) any person at the assembly commits any
offence under written law
(v)the participants do not comply with restrictions or
conditions imposed by the police or
(vi) the participants engage in unlawful or disorderly
conduct or violence towards persons or property.

23. The Public Assembly Act is a
novice to the previous act
that deals with illegal
assembly. Therefore, it can be
said as a better version the
police act.

24. 1) states
limitations of
the Freedom
of PAA (Art
10 FC)
2) Art10(1)(b) in the
Federal Constitution
explains about the
importance of
freedom of
assembly.
3)The affirmation of the
right to assembly,
however, goes hand in
hand with the realisation
that just as powers has to
be surrounded by
restraints.
4) PAA- the right to assemble
peaceably without arms, the
responsibilities of organisers,
participants and police, the
requirements on organizing of
assembly, and the
enforcement regarding
assemblies.
HOW THIS
ACT
FUNCTIONS

25. HOW THIS ACT
FUNCTIONS
5) The new procedure is that
the organisers must notify
the officer in charge of the
police district within 10 days
before the gathering date
and they will respond to the
notification within five days,
outlining the restrictions and
conditions imposed.
6) The function of
this Peaceful
Assembly Act 2012
[Act 736] is to
reaffirm, promote
and facilitate the
right of peaceful
assembly for all
persons.
7) To ensure that a
person may exercise the
right to participate in
public assemblies free
from unnecessary or
unreasonable
conditions, restrictions
or hindrance.

26. HOW THIS ACT
FUNCTIONS
8) To ensure that the
exercise of the right to
participate in public
assemblies is subject
only to such
restrictions are
necessary and
reasonable in a
democratic society in
the interests of public
safety
9) To ensure that
the right of persons
to participate in
public assemblies
may be exercised
without payment of
a fee, charge or
other amount for a
licence, permit.
10) To ensure that all
citizens have the
right to organise
assemblies or to
participate in
assemblies
peaceably without
arms

27. The prohibited places according to the third schedule under Section 3
of the Peaceful Assembly Act 2012 [Act 736] are as follows:
• Dams, reservoirs and water catchments areas.
• Water treatment plants.
• Electricity generating stations.
• Petrol stations.
• Hospitals.
• Fire stations.
• Airports.
• Railways.
• Land public transport terminals.
• Ports, canals, docks, wharves, piers, bridges and marinas.
• Places of worship.
• Kindergartens and schools.

28. CRITICISM
• The new law will crackdown on the right to
protest instead of safeguarding it.
• The Bar Council and various civil society leaders
have also spoken out against the PAA because
they will not have absolute freedom when
conducting or participating in an assembly.
• Deterrence of the freedom of assembly as stated
in Article 10 of the Federal Constitution.

29. This Bill restricts our rights as
much as possible. It gives
unfettered powers to the
minister and the police to
further restrict the freedom
to assemble. It impinges on
free speech. In short, it will
stymie legitimate dissent in
our country
the Act is passed forcibly
through the Parliament
without public
consultation and this Act
will give absolute powers
to the Police and not
democratic.
AMBIGA SREENEVASAN
LIM KIT SIANG (DAP LEARDER)

30. • The Bar Council president said that the new Act is
more restrictive compared to Section 27 of the
Police Act.
• Under Section 9(2) of PAA it explains about ten
days’ notice about the assembly. There is no need
to give a ten day notice if the place is a
‘designated place of assembly’. But, there is no
‘designated place of assembly’ in Malaysia and
the exceptions under Section 9(2) of this Act
regarding the 10 days’ notice are not practical at
all.

31. ANALYSIS

32. Compare and contrast the practice of Malaysian law on
freedom of assembly with United States and Canada.
• Malaysia is a democratic country. Despite of
so many criticisms lay down upon us, yet we
still claim that we have the privileged, “so-
called” freedom especially in relation to the
right of assembly.
• In Malaysia, we partially practice this due to
law restrictions that intended to protect public
safety.

33. LAWS IN U.S. & CANADA
• the U. S. Constitution;
 the first amendment made quoted that
“Congress shall make no law respecting an establishment
of religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or the
right of the people peaceably to assemble, and to
petition the Government for a redress of grievances”.
• Both the California Constitution and the First Amendment
to the United States Constitution protect people’s right
to free expression.

34. 3 PRINCIPLES;
the conduct must
be observed
free speech is
for everyone
Details of
assembly

35. i. PERMIT
• U.S. • MALAYSIA
 Permit Ordinances
 But advance notice periods
should be days, not weeks, and
there should be an exception to
allow demonstrations in
response to breaking news.
 The government cannot prohibit
marches on public sidewalks or
streets, or rallies in most public
parks or plazas.
 one should not need a permit for
demonstrations that do not
“realistically present serious
traffic, safety, and competing-use
concerns beyond those
presented on a daily basis by
ordinary use of the streets and
sidewalks.
 Section 27(2) of the Police Act
1967 provides;
 all assemblies, meetings and
processions of more than three
persons in any public place
require a prior police license
from the officer in charge of a
police district (‘OCPD’).
 applied for by a registered
organization or by three
organizers jointly.
 An application must be made 14
days in advance.
 However, the new procedure (the
Peaceful Assembly Act 2012
 the organizers must notify the
officer in charge of the police
district within 10 days before the
gathering date and they will
respond to the notification within
five days, outlining the
restrictions and conditions
imposed.

36. ii. RIGHT OF SPEECH
• U.S. • MALAYSIA
• Critics on the President,
the Congress, or the chief
of police are allowed
• right does not extend to
libel, slander, or speech
that incites imminent
violence or law-breaking.
• government cannot stop
you from talking generally
about ideas or future
events.
• The Sedition Act
amendment makes it illegal
not only to incite religious
hatred but also now allow
authorities to ban and
block online media deemed
to be seditious in the eyes
of the government.
• E.g. On 3rd April 2015, cartoonist
Zulfiki ‘Zunar’ Anwar Uljaqur was
charged with nine counts of for
tweets and cartoons he published
following the sodomy case against
Anwar Ibrahim.

37. iii. RESPONSIBILITY OF POLICE
• U.S law: According to their law, it is the
responsibility of the police to control the
crowd.
• Malaysian law: As for the purpose of security
or public order, any person who contravenes
any restrictions and conditions of police
commits an offence and shall be liable to a
fine not exceeding ten thousand ringgit.

38. Ambiguity and loopholes in the Peaceful
Assembly Act
there is not much different in term of
application of the law itself
Section 27(2) of the Police Act 1967
(‘OCPD’) 14 days in advance.
Peaceful Assembly Act 2012, must notify
the officer within 10 days before the
gathering date.
PAA is not democratic
The powers of police are too vast and
thus, give them absolute powers upon
the people.
The application can be refused,
-if get approval, it can be imposed with
conditions or
- cancelled by the police at any time
COMMENTS

39. RECOMMENDATIONS
A free body
should be
introduced
Minister to
make clear
guidelines
“interest of the
security of the
nation”
Definition in
Section 141 of
Penal Code

40. CONCLUSION
• people shall be given certain rights to exercise their right to
assemble peaceably since this right has been stipulated
clearly under Article 10(1)(b) of Federal Constitution.
• However, this kind of right still must be restricted to certain
provision to ensure public safety.
• There also shall be a fine line between power of
government in restricting freedom of assembly and how
much right of citizens to assemble shall be given based in
the principle that, people cannot be given absolute right
and at the same time, there shall be no vast powers given
to authority in restricting it.