Section 27 of the Police Act 1967 confers the power to the Police to grant permits for assemblies & Meetings. The Police must be satisfied that the proposed assembly/meeting is not likely to be prejudicial to the interest of the security of Malaysia or any part thereof or to excite a disturbance of the peace.
Under Section 27(5) states that an illegal 'assembly' is defined as 3 persons or more meeting up for an assembly, meeting or procession. Anyone caught for this is guilty of an offence.
Section 27(5) is further explained in Section 27 (5A), (5B) & (5C).
S27 (5A) states that a person claiming not to know that the assembly that the person is attending was illegal; is not a defence in Court if charged.
S27 (5B) states that a person who through innocent circumstances become part of the assembly, will be accorded a defence. An example; if you are walking along the street an a procession took place which the Police happened to sweep in to arrest the people including you; you may plea innocent circumstances that you were merely walking by.
S27 (5C) on the other hand refers that if an Organisation was party to the assembly without permit, the entire Organisation will be deemed to be involved.
Section 27 became a hot topic recently as lawyers who appeared at a Police Station to assist some detained people, were themselves arrested on the basis that they were 'assembling' in front of the Station without a permit.
It must be noted that Article 10 (1) (b) of the Federal Constitution states that the citizens have a right to a peaceful assembly. Article 10(2) (b) however states that restrictions may be made in the interest of National Security.
The Police Act should be interpreted in tandem with Article 10, and where there is inconsistency between the Federal Constitution & the Police Act, the former must prevail.
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