PAA prohibits assembly before places of worship, says lawyer

(Rakyat Post) – Under the Peaceful Assembly Act (PAA), a person commits an offence if he organises or participates in an assembly in a prohibited place, which includes a house of worship, or within 50 metres of the limits of the said prohibited place.

Lawyer Syahredzan Johan has questioned whether the Royal Malaysian Police (PDRM) would act against those who protested against the church in Taman Medan.

“Firstly, under the Peaceful Assembly Act (PAA), a person commits an offence if he organises or participates in an assembly in a prohibited place, which includes a house of worship, or within 50 metres of the limits of the said prohibited place,” said Syahredzan in a message to The Rakyat Post.

He said that based on videos of the incident, it appeared that the protesters were quite close to the church, just below it even.

“Could they have encroached within 50 metres? Perhaps,” he said, adding that if someone was convicted of such an offence, the person would be liable for a fine of up to RM10,000.

“Secondly, even if it is not done within 50 metres limit of the church, according to the PAA, 10 days notification must be given to the district chief of police before any assembly is to take place.

“Did the organisers give the requisite notice to the district police chief? Again, under the PAA it is an offence not to give notification.”

He said that although the Court of Appeal had declared that the offence was unconstitutional, authorities had just ignored the Court of Appeal decision in cases involving activists and opposition parties’ protest, such as #KitaLawan.

“So the questions that I am asking are merely whether the notification has been given, and whether the police will investigate the organisers or participants for offences under the PAA, like they have so diligently done for #KitaLawan and others,” he said.

However, Syahredzan also said he was not calling for any action to be taken against yesterday’s protesters.

“Make no mistake — I am not advocating for anyone to be investigated or charged under the PAA. The protest, although something which I disagree with, is part and parcel of freedom of speech and expression. They have the right to assemble and make their views known.

“But, this is the litmus test for the authorities. Will they apply the law equally on all, or just for certain segments of society?” he asked.

Yesterday, about 50 residents from the Taman Medan area staged a protest, demanding that the cross that was recently placed on the outer wall of a shophouse lot, where the church is situated, be brought down as they deemed it insensitive to the Malay-Muslim majority population in the area.

However, when asked by reporters at a news conference earlier today, the Inspector-General of Police Tan Sri Khalid Abu Bakar was reported as saying by The Malay Mail Online that the police did not view the protest as seditious as it involved the location of the church and not the religion.

Home Minister Datuk Seri Dr Ahmad Zahid Hamidi, meanwhile, said the protest could be deemed seditious.

“Anyone who insults any religion is subject to sedition and action should be taken. The authorities are colour blind, action has to be taken and will be taken,” Ahmad Zahid told reporters after launching the ESQ-Home Ministry Alumni at the Malaysia Agro Exposition Park Serdang (MAEPS) earlier today.