The Police Royal Commission Report 2005 listed the complaints against bias, unreasonableness and discrimination in the exercise of police powers under Section 27 of the Police Act 1967 which vests police with the power to regulate assemblies, meetings and processions through the granting of a permit, including the following:
*Permits granted to opposition political parties or NGOs perceived to be critical of the government or aligned with opposition parties always have a number of conditions which are considered ridiculous and difficult to implement and tantamount to an indirect refusal of permission.
*There are complaints that the police do not seem to be neutral and impartial in the granting of permits, as would appear to be the case from their alleged numerous refusals of permits to opposition political parties and organisations perceived to be linked to them. There were also allegations that those attending the events were arrested and questioned as to why they did so and why they expressed opposition towards the government.
*According to some complaints, a peaceful demonstration that turned into rioting was not caused by the action of demonstrators but on the provocation of the police.
There is nothing to demonstrate that in the six years after the publication of the Dzaiddin Police Royal Commission Report and its 125 recommendations, the Malaysian Police has won public confidence as it has transformed itself into an independent, incorruptible and professional police force, discarding the outmoded colonial police concept of “regime protection” and replacing it with the modern principles and concept of “democratic policing”.
As a result, the rampant complaints against the lack of police independence and professionalism under Section 27 of the Police Act will continue to remain as major grievances under the Peaceful Assembly Bill unless there is a total change of police mentality and mindset that the police serve the people and the laws of the land and not the political masters of the day.
To end all politicking and bias, and suspicion that the police are serving the agenda of their political masters, the role of the Home Minister as the final arbiter in the Peaceful Assembly Bill should be removed and replaced by the courts.
The Australian Home Minister and the various Australian State Police Ministers have no role whatsoever in the decision-making process on freedom of assembly in Australia.
Under the Queensland Peaceful Assembly Act, which is one of the models adopted by the Barisan Nasional government for the Peaceful Assembly Bill, only five days’ notice to the relevant authorities is required for the holding of a public assembly and the courts are the final appellate authorities over any police decision to prohibit any assembly.
Is the Prime Minister Datuk Seri Najib Razak prepared to make amendment to Clause 16 of the Peaceful Assembly Bill which gives the Home Minister the powers as the final arbiter whether a peaceful assembly could be held and to vest these powers in the courts as in the Queensland Peaceful Assembly Act 1992 so as to eliminate all possibilities of political bias and politicking in the decision-making process?
The Home Minister, Datuk Seri Hishammuddin Hussein is very fond of telling other people not to “politicise” issues when he as Home Minister had been most guilty of such politicking – as in the notorious cow-head stamping sacrilege in Shah Alam in September 2009 and the seditious lie by Utusan Malaysia earlier this year that DAP wants to create a Christian Malaysia.
The Home Minister’s powers as final arbiter under the Peaceful Assembly Bill on whether assemblies could be held is only one of the objections to the Bill and this is why more time must be given not only to MPs but to the civil society, human rights groups and all concerned Malaysians to study the implications of the very badly drafted Peaceful Assembly Bill by referring it to a Parliamentary Select Committee.
I call on Najib to reconsider the decision to force the Peaceful Assembly Bill through all three readings in the Dewan Rakyat tomorrow as it will be proof that he has not learnt the lessons of his massive misjudgement and mishandling of the July 9 Bersih 2.0 peaceful rally for free,fair and clean elections in Malaysia.
Najib should be forewarned that he is heading for another political disaster after his July 9 Bersih 2.0 misjudgement if he rejects the proposal for a Parliamentary Select Committee on the Peaceful Assembly Bill.
This is Najib’s interpretation….that he will make Malaysia….the best democratic country in the world.
Wan Azizah said…Democracy and Islam are not like air and water.
One is man made…the other gifts from God to all living things.
Without race and religion dirty politics….UMNO b is finished.
And back to Najib again….he has been forewarned many times.
Every cunning evil things he did…. backfired.
He will not change.
He is a very desperate man and leader.
Opposition parties are fighting an uphill battle….against all unfair and unjust laws and obstacles..against all man made odds…created by BN….yet Najib is feeling desperate.
It shows he is afraid of People Power more than Opposition parties.
He knows how dictators and corrupted leaders are all been thrown out..in other countries.
Malaysia is next.
PR should get Namewee to produce a movie, Roti Canai 2.0, based on the “hardworking” mamak cowgal who swindled RM250 million of the taxpayers’ money to buy 2 condos and 3,000 cows.
http://www.thesundaily.my/news/221673
The immediate response to PAB now is Bersih 3.0 nationwide.Just do it and show the devil the people ‘s anger and their intolerance towards the 54 year rule of arrogance,corruption,cronyism,nepotism,racism cum religious bigotry.
Can someone explain to me how the BN thieves with a simple majority can push through a new piece of legislation ? If that’s the case, why does Najib need to work so hard to obtain a two-thirds majority ?
///KUALA LUMPUR, Nov 28 — The government’s political and economic reform plans can only take place if Umno delivers a solid win in the upcoming national polls, Datuk Seri Najib Razak///–MalaysiaInsider
Since UMNO cannot expect a solid win in the coming election, there is no point giving UMNO a fluid win at all as reforms in whatever form would not take place.
With SO MANY CORRUPT practices exposed by various reports, NR n UmnoB/BN MUST quickly pass d new draconian PAB 2 STOP rakyat fr holding public assemblies easily/readily
///*Permits granted to opposition political parties or NGOs perceived to be critical of the government or aligned with opposition parties always have a number of conditions which are considered ridiculous and difficult to implement and tantamount to an indirect refusal of permission.
*There are complaints that the police do not seem to be neutral and impartial in the granting of permits, as would appear to be the case from their alleged numerous refusals of permits to opposition political parties and organisations perceived to be linked to them. There were also allegations that those attending the events were arrested and questioned as to why they did so and why they expressed opposition towards the government.
*According to some complaints, a peaceful demonstration that turned into rioting was not caused by the action of demonstrators but on the provocation of the police.///–Police Commission Report 2005
The Police has not been fair to opposition parties in implementing the Police Act with regard to peaceful assembly. It is therefore important to ensure that the new Peaceful Assembly Bill should not give loophole to Police to continue with its unfair practices. The police should be neutral to all political parties because they are supposed to serve the government which is run by the parties elected to serve. When the police is given discretionary power, that power would tend to be misused so that they are in the good book of the ruling party. It is for the good of UMNO, which is likely to lose the next election anyway, to ensure that police is not given discretionary power so that they can be made to be seen to be neutral.
The Royal Commission reported that police was the one turning protests into riots, and not the demonstrators. Clearly Police has no reputation to have authority over demonstrations. They should only be authorized to direct traffic in places where demonstrators are around. The police is and should remain servants; they are not the boss.
On one hand he is telling his UMNO colleagues reform is necessary to avoid an Arab Spring and on the other hand he is causing and Arab Spring by pushing the PSA through. Does the man live in NEVER NEVER LAND?
It is sad that the country’s no. 1 does not know what is best for the country.
Jib claimed that the peaceful assembly bill has been grossly “misinterpreted”.
Yeah, and TBH had been grossly “mis-murdered”
Kogan has been grossly “mis-walloped”
Amirul has been grossly “mis-shot”
Sarbani has been grossly “mis-pushed”
Anwar has been grossly “mis-sodomed”
Shahrizut has been grossly “mis-cowed”
This idiot is absolutely clueless to the going-ons around him. Actually I am not concerned about the stupid thing. It will be useless even if it was passed as laws tommorrow. People wil continue to rally and protest and demonstrate; and they would do so however and wherever they so desire.
Way to go umno. The road in front of you not only heads downhill it is also bumpy like hell. Now it looks like you are determined to make your downhill journey ultra difficult by throwing spanners all over the path ahead. This assembly thingy is a large spanner, umno boy. Nice work there. Keep it up!
Have been wondering the same thing too….Godfather.
I guess.with or without 2/3 majority concerning laws….they can do it with a simple majority votes.
Come to project worth a billion or more…must need 2/3 majority….OR…they simply don’t care about the laws and create their own laws….in the name that they are elected to govern and can do as they like….OR…they are prepared for Opposition to take them to court and it will take years to prove they are unlawful….where Opposition parties and Law Council can protest for immediate knowledge to the people….which has immediate effects against BN.
I am guessing and use my commonsense…as we all know…what UMNO b is.
Maybe one commentator who understands all..should tell us …how the can do it without 2/3 majority.
It is UMNO b putting the Police in a position to do the dirty job for them…with chosen IGP and few Police leaders that they are sure….these officers cannot refuse to be Najib’s puppets…using money and plenty fringe benefits to live like Lords….and not as natural police officers…with police salaries.
It all boils down to money….and laws to trap policemen to protect UMNO b and not a government at all.
All corrupted governments in the world are ending up in the drains…sooner or later…and Najib knows..UMNO b time is up….right now.
Simple majority and special (2/3) majority. What is the diff? Simple majority for simple matters and 2/3 majority for important matters.
What are important matters then? The constitution. That piece of law is not to be amended without the approval of 2/3 majority. Dr mamak happily amended important parts of the original constitution using his 2/3 control in parliament. The rest of the laws like the present assembly bill only needs a the approval of a simple majority for it to become an Act of parliament.