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©The Star (Used by permission)

The Peaceful Assembly Bill (“the Bill”) was tabled in Parliament for its first reading on 22 November 2011. It must be noted that advance notice was not given save for speculation in the media that it would be tabled on 24 November 2011. There appears to be unseemly haste in introducing this far-reaching and crucial legislation without adequate public consultation¹.

This Bill in replacing the present legislative provision in section 27 of the Police Act 1967, introduced several controversial and objectionable provisions for instance,

These restrictive provisions in the Bill stand in stark contrast to the words of the Honourable Prime Minister in his eve of Malaysia Day speech which was widely applauded by the Malaysian Bar (“the Bar”) and Malaysians in the honest belief that there will be real and genuine reforms. The relevant excerpt of the speech is as follows:

28 November 2011

 

Dear Wakil Rakyat,

 

You may have heard that the Malaysian Bar opposes the Peaceful Assembly Bill 2011 (“PA 2011”) on the grounds that it imposes unreasonable and disproportionate fetters on the freedom of assembly that is guaranteed under the Federal Constitution.

 

There are provisions in PA 2011 that are far more restrictive than the current law, such as the banning of “street protests” (assemblies in motion or processions) and the unlimited powers vested in the police to dictate the time, date, place and conduct of an assembly.  There are also provisions in PA 2011 that are simply illogical.  As an example, although police do not need to be notified of a religious assembly, such an assembly cannot be held at a place of worship. Furthermore, a person living within 50 metres of a kindergarten or school cannot hold an open house for a festival, a funeral procession or a wedding reception.

28 November 2011

Kepada Wakil Rakyat,

 

Anda mungkin pernah dengar bahawa Bar Malaysia menentang Rang Undang-Undang Perhimpunan Aman 2011 (“PA 2011”) di atas alasan ia meletakkan sekatan yang tidak munasabah dan tidak seimbang ke atas kebebasan berhimpun yang dijamin dibawah Perlembagaan Persekutuan.

Terdapat peruntukan-peruntukan di dalam PA 2011 yang jauh lebih ketat daripada undang-undang semasa seperti pengharaman “tunjuk perasaan jalanan” (perhimpunan bergerak atau perarakan) dan kuasa tidak terhad yang terletak pada pihak polis untuk menetapkan masa, tarikh, tempat dan kelakuan  perhimpunan. Terdapat juga peruntukan-peruntukan dalam PA 2011 yang tidak logik. Sebagai contoh, walaupun pihak polis tidak perlu diberitahu tentang satu perhimpunan agama, perhimpunan seperti itu tidak boleh diadakan di tempat ibadat. Tambahan pula, orang yang tinggal dalam jarak 50 meter daripada tadika atau sekolah tidak dapat mengadakan rumah terbuka bagi perayaan, perarakan pengebumian atau majlis perkahwinan.

Please click here to see the "FAQs on Peaceful Assembly Bill 2011" prepared by Bar Council's Constitutional Law Committee, as well as a comparison between section 27 of the Police Act 1967 (current law on assemblies) and the Peaceful Assembly Bill 2011 (which is meant to replace section 27).

Please click here for the Bahasa Malaysia version (Rang Undang-undang Perhimpunan Aman 2011: Soalan-soalan Lazim).

You can also click on the links below to view the:

(3)   Malaysian Bar’s Memorandum on Peaceful Assembly Bill dated 24 Nov 2011; and

(4)   Peaceful Assembly Bill 2011.

Dear Members of the Malaysian Bar

 

 

Martin Luther King Jr once said that “the ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy.”

 

The Malaysian Bar and indeed Malaysia is now facing such a moment of challenge and controversy — an objectionable Bill, being rushed into law with unseemly haste without adequate public consultation, which effectively robs the rakyat of our constitutional right to freedom of assembly.

 

This Peaceful Assembly Bill (“Bill”) is far more restrictive than the current law.  It is not a piece of legislation which we, as lawyers, can watch enter our statute books without standing up against it.  It is not a piece of legislation which we want future generations to inherit, without us walking, and spending every ounce of our energy to oppose.  If this piece of legislation makes it to the statute books, future generations would inherit a nation that is far from modern and progressive.

©The Sun Daily (Used by permission)

PETALING JAYA (Nov 27, 2011): The controversial Peaceful Assembly Bill 2011, which the government has agreed to amend, will be debated at committee level before being voted on in the Dewan Rakyat on Tuesday.

Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz said there will be eight amendments to the bill and that MPs could bring their proposals for consideration.

“The (tabling of the) second reading has been done (last Thursday by Prime Minister Datuk Seri Najib Abdul Razak) so we will debate it at the committee level in Parliament on Tuesday and it will be voted upon.

“All MPs are welcome to bring their suggestions and if it is okay, we will include it,” Nazri told theSun when contacted.

Asked to comment on plans by the Malaysia Bar Council which plans to organise a Walk for Freedom 2011: Peaceful Assembly Bill cannot and must not become law! on Tuesday, Nazri said the council is free to go ahead with it.

“It’s not my problem. They have to talk to the police but I can assure that it is not going to change in any way.

“The bill has been tabled, will be debated and be passed on Tuesday,” he stressed.

Warm greetings from Bar Council!

We are pleased to inform you that as a Member of the Bar, you are entitled to hotel corporate rates.  Please find attached a list of hotels around the country, and their corporate rates for 2011.   

Please click here for a list of the corporate rates for each hotel’s basic deluxe/superior rooms. The corporate rates accorded to Members of the Bar also extend to other types of rooms at these hotels.  Members are encouraged to visit the respective hotel websites that are hyperlinked to the hotels’ names in the list, to get information on the full range of rooms offered and to contact the hotels for the corporate rates provided.   

Just mention “Bar Council” when making your reservation, either through email or telephone.  On the day of check in, kindly provide the hotel with your name card.