Day: November 11, 2016

The right to peaceful assembly — Syahredzan Johan

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Source: The Star Online

BY SYAHREDZAN JOHAN

Syahredzan Johan - file pic

Syahredzan Johan – file pic

Unlike the Police Act before this, the Peaceful Assembly Act allows assemblies without prior notification.

IN Malaysia, freedom of assembly is a right that is protected by the Federal Constitution. All citizens have the right to assemble peacefully without arms.

However, the right to peaceful assembly is not absolute. Under the Federal Constitution, the right to peaceful assembly may be restricted by Parliament.

Parliament may enact laws that impose restrictions as Parliament deems necessary or expedient in the interest of the security of the Federation or public order. However, whatever restrictions imposed by Parliament must be proportionate to the purpose for which the restriction was imposed in the first place.

The Peaceful Assembly Act (PAA) is the primary law that governs peaceful assemblies in Malaysia. It must first be borne in mind that the Act only facilitates peaceful assemblies without arms, not violent protests, riots and the like.

So if there is a protest where the protesters threaten harm to persons or damage to property, then it is not a peaceful assembly and should be dealt with as a crime under the Penal Code. Read more →

Maria and sons receive 2nd death threat

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Source: FMT News

PETALING JAYA: A second death threat was issued to Maria Chin Abdullah and her three sons via a WhatsApp message , this time featuring images of heads decapitated by Islamist State terrorists.

Apart from the quartet, similar threats were sent to Bersih 2.0 Committee Member Mandeep Singh and Human Rights Society Chairperson Ambiga Sreenevasan.

In a statement, the electoral reform group said it was “horrific” that one would stoop so low to attack human rights activists.

“It was probably done by people who do not want us to continue with our Bersih 5 rally and convoy,” it said, alluding to the Nov 19 gathering and the convoy held nationwide. Read more →

High Court throws out bids to challenge AG’s ruling not to prosecute PM

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Source: The Malay Mail Online

The High Court rejected the leave applications to challenge the AG's decision filed by Datuk Zaid Ibrahim, Datuk Seri Khairuddin Abu Hassan and the Malaysian Bar. — Picture by Yusof Mat Isa

The High Court rejected the leave applications to challenge the AG’s decision filed by Datuk Zaid Ibrahim, Datuk Seri Khairuddin Abu Hassan and the Malaysian Bar. — Picture by Yusof Mat Isa

KUALA LUMPUR, Nov 11 — The High Court today dismissed three leave applications for a judicial review to challenge the Attorney-General’s decision to close investigations on the transfer of a RM2.6 billion donation and funds from SRC International Sdn Bhd to Prime Minister Datuk Seri Najib Razak’s account and not to prosecute him over the issue.

Judge Datuk Hanipah Farikullah rejected the leave applications to challenge Tan Sri Mohamed Apandi Ali’s decision filed by former Minister in the Prime Minister’s Department Datuk Zaid Ibrahim, former Batu Kawan Umno vice head Datuk Seri Khairuddin Abu Hassan and the Malaysian Bar.

Senior Federal Counsel Datuk Amarjeet Singh told reporters that the judge, who made the decision in chambers, ruled that the AG had absolute discretion under Article 145 of Federal Constitution on prosecution and that the court had no jurisdiction to hear the matter.

“The court has no jurisdiction on such matters and the court accepted the AG’s explanation in his affidavit that the decision to close the file was an administrative decision.

“Therefore, the MACC (Malaysian Anti-Corruption Commission) is free to open and investigate on new evidence and facts received by them on the issue of the donation and SRC,” he said. Read more →

Activist sent back to Sabah for further investigations

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Source: FMT News

Jufazli Shi Ahmad's arrest is politically motivated, says lawyer. Pic from FMT News.

Jufazli Shi Ahmad’s arrest is politically motivated, says lawyer. Pic from FMT News.

KUALA LUMPUR: Activist Jufazli Shi Ahmad, who was held in remand for two days at the Jinjang lock-up, will be sent back to Sabah today where he is being investigated for sedition and other crimes.

His lawyer, Wan Anwar Wan Ibrahim, said police had informed him that Jufazli will be taken to Tawau where he will be held after his bail application was denied.

Jufazli, 26, was nabbed at a shopping mall here on Nov 9. The activist, from Semporna, is a vocal critic of the Sabah government, especially with the recent corruption case involving the Sabah Water Department. Read more →

Status Facebook hina KPN, seorang lelaki didenda RM5,000

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Source: FMT News

Mahkamah turut memerintahkan bapa kepada seorang anak itu dipenjara 2 bulan jika gagal membayar denda. Pic dari FMT News.

Mahkamah turut memerintahkan bapa kepada seorang anak itu dipenjara 2 bulan jika gagal membayar denda. Pic dari FMT News.

KUALA LUMPUR: Seorang penghantar surat didenda RM5,000 oleh Mahkamah Siber di sini hari ini kerana menghina Ketua Polis Negara Tan Sri Khalid Abu Bakar menerusi laman sosial Facebook miliknya.

Hakim Zaman Mohd Noor menjatuhkan hukuman itu terhadap Rosmin Mohamed Noor, 40, selepas tertuduh yang merupakan orang kena saman menukar pengakuan kepada bersalah hari ini, yang ditetapkan untuk sebutan semula kes.

Mahkamah turut memerintahkan bapa kepada seorang anak itu dipenjara 2 bulan jika gagal membayar denda. Tertuduh membayar denda. Read more →

Street protests open doors to liberalism, Muslims warned ahead of Bersih 5

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Source: The Malay Mail Online

KUALA LUMPUR, Nov 11 — Federal Islamic authorities cautioned Muslims today against street protests that it said would invite liberalism, just a week before the Bersih 5 rally which will be held on November 19.

The Friday sermon prepared by the Malaysian Islamic Development Department (Jakim) expressed its concern that more Muslims are joining street protests driven by discontent, allegedly spurred by unnamed parties and uncensored social media statements.

“Yes, whether we realise or not, therein lies an idea of the liberal democracy ideology that is concealing itself behind the struggle for democracy and fundamental rights,” said the sermon distributed to mosques nationwide.

“The truth is, they wish to install certain individuals who are ready to follow their orders and spread this ideology to make this society more open to accept liberal values.”

Jakim said Islam endorses mass gatherings as part of its worship as a sign of protest against blasphemy and ignorance, but such events must be done with civility. Read more →