• Home
  • News
    • Press Statements
    • Speeches
    • Bar News
    • AGMs and EGMs
    • In Memoriam
    • Legal and General News
    • Court Judgments
  • Members
    • Circulars
    • Sijil Annual and Payments
    • Practice Management
    • Professional Development
    • Opportunities for Practice
    • Mentor-Mentee Programmes
    • Benefits
    • Laws, BC Rulings and Practice Directions
    • Resources
    • Become a Member
  • Find
    • Legal Directories
    • BC Legal Aid Centres
    • State Bar Committees
    • Law Firms Areas of Practice
    • Jobs
    • Useful forms
  • About Us
    • Malaysian Bar and Bar Council
    • President's Corner
    • Committees
    • Previous Committees
    • Contacts
    • Advertising
  • Public
    • Complaints
    • Legal Aid
    • Notices
    • Compensation Fund
  • Search
  • Login
Search for

New login method: If first-time login, the password is your NRIC No. Call 20502191 for help.

 
Lost your password? Remember Me

 
No User ID/Password for firm? Click here for more information. Forgot Firm Username/Password?

Set a new password

If you have lost your password, you must set a new password. To begin this process, please key in your 12-digit NRIC No. below.

Forgot Firm Username/ Password?

Please enter name of firm or registered email address, indicate whether you want to retrieve your firm's username or password, and click "Submit".

Username Password
 
Access to Member Portal

Please key in your membership number, and click "GO"

BC
Resume Practice Request

Please key in your membership number, and click "GO"

BC
Newly-Called Request

Please key in your pupil code, and click "Submit"

Pupil Code

Change Password


Please enter your Password and Confirm Password then click on the Change Password button.
You will receive a new password shortly. Use this new password to access the site.

Password:
Confirm Password:
 
Change Password


Shortcut
  • Legal Directory
  • Find a Job
  • CPD
  • Online Shop
  • Complaints
  • Committees

Search the site

  • Search Me
Member Login
  • BC Online Facilities
  • Login Type 2
  • Login Type 3
  • Login Type 4
  • About Us
  • President's Corner
  • Press Statements
About Us
Malaysian Bar and Bar Council
  • About Us
  • Bar Council Members
  • Bar Council Secretariat
  • Elections
President's Corner
  • Roll of Presidents
  • Press Statements
Committees
  • Ad Hoc Committee on Amendments to the LPA
  • Ad Hoc Committee on Benchmarking Law Firms
  • Ad Hoc Committee On Conditional Fee Rules Re Personal Injuries
  • Ad Hoc Committee on Personal Data Protection
  • Ad Hoc Committee On The Common Bar Course
  • Advocacy Training Committee
  • Bahasa Melayu
  • Child Rights
  • Civil Law
  • Committee On Orang Asli Rights
  • Constitutional Law Committee
  • Conveyancing Practice
  • Corporate and Commercial Law
  • Court Liaison
  • Criminal Law
  • Environment and Climate Change
  • Family Law
  • Finance
  • Human Rights
  • Industrial and Employment Law
  • Information Technology and Cyberlaws
  • Innovation and Future of Law Committee
  • Intellectual Property
  • International Malaysia Law Conference 2014
  • International Malaysia Law Conference 2016
  • International Malaysia Law Conference 2018
  • International Malaysia Law Conference 2020
  • Islamic Finance
  • Law Reform and Special Areas
  • LawCare
  • Legal Profession
  • Migrants, Refugees and Immigration Affairs Committee
  • Motor Insurance Review Committee
  • National Legal Aid
  • National Young Lawyers
  • Professional Indemnity Insurance
  • Professional Standards and Development
  • Shipping & Admiralty Law
  • Small Firms
  • Solicitors' Remuneration Enforcement Committee
  • Sports
  • Syariah Law
  • Task Force on Combined Rules Of Court
  • Task Force on Independent Police Complaints & Misconduct Commission (IPCMC)
  • Task Force to Review the Compendium of Personal Injury Awards
  • Trade In Legal Services (formerly known as GATS)
  • Yayasan Bantuan Guaman Kebangsaan Steering Committee
Previous Committees
  • Ad Hoc Committee on Anti Money Laundering
  • Ad Hoc Committee on Judicial Commission
  • Ad Hoc Committee On National Legal Aid Foundation
  • Ad Hoc Committee on Rules and Regulations
  • Arbitration & Alternative Dispute Resolution
  • Arbitration Subcommittee
  • Construction Law Committee (formerly known as Subcommittee on Construction Law)
  • Gender Issues & Equal Opportunities (2005-2007)
  • International Malaysia Law Conference 2012
  • LawCare Fund Management
  • Library
  • Malaysian Law Conference Organising Committee 2007
  • Malaysian Law Conference Organising Committee 2010
  • No-Fault Liability Scheme
  • Practice Management Support Committee
  • Publications
  • Safer Malaysia
  • Standing Committee for the Promotion of Best Practices by Detaining Authorities (2005-2007)
  • Standing Committee on Court Rules (2005-2007)
  • Standing Committee on Eliminating Discrimination (2005-2007)
  • Standing Committee to Review LPA 1976
  • Study Loan
Contacts
  • Web Administrator
  • Complaints
  • Legal Aid Centres
  • State Bar Committees
  • Bar Council Secretariat
  • Bar Council Members
  • Bar Council
Advertising
  • Advertise with Bar Council
  • Go back to list
Press Comment | Video Recording Cannot be Construed as a Menacing Action 8 Nov 2020 3:34 pm

It was reported on 7 November 2020 that a student activist, Wong Yan Ke, from the University of Malaya was arrested while making a recording of a police raid.  According to media reports, the raid was conducted in relation to an alleged sedition and the offence of misuse of network facilities by other individuals.  The police had apparently issued a warning to Wong, and after the warning was ignored, Wong was arrested for obstructing the duties of public servants under section 186 of the Penal Code, and his mobile phone was confiscated.1, 2
   
The Malaysian Bar is concerned by the events that transpired.  We take the stance that there is no offence in recording the police conducting a raid.  As long as the police officers are carrying out their duties in accordance with the law, there is no cause for concern for them to prevent the recording.  Body cameras and dashboard cameras are used by law enforcement officers in other jurisdictions such as the United States and United Kingdom, among others, as a means to record their interactions with the public during their course of duty, in order to prevent misconduct by the police.  Even in Malaysia, the Inspector-General of Police, Tan Sri Dato’ Seri Abdul Hamid Bador, had commented on 19 September 2019 that the use of body cameras on law enforcement officers will prevent abuse and ensure transparency in the police force.3  
 
The Malaysian Bar views that a video recording of a raid or an arrest without any overt act that invokes violence, cannot and should not, be construed as an aggressive or menacing action that would give rise to an offence under section 186 of the Penal Code.  While we understand that each case should be judged by its facts and its merits, nothing in the reporting suggests that Wong’s actions invoked violence that could be deemed to be obstructive to the duties of the police officers during the time of the raid.  In light of the reported facts, we urge for Wong’s release without seeking any need for his remand. 
 
The police are pivotal in improving safety and increasing public confidence.  The Malaysian Bar urges the police to exercise their statutory discretion proportionately and reasonably in any and all given situations. 
 
 
Salim Bashir
President
Malaysian Bar
 
8 November 2020

1 “Man arrested for ignoring police warning in recording raid in UM Youth association investigation”, The Star, 7 November 2020.
2 “Student activist held after making video of police raid”, The Star, 7 November 2020. 
3 “IGP: Body cams will ensure transparency, prevent abuse of duties”, The Star, 20 September 2019.

© Copyright Reserved 2021. Bar Council Malaysia.