OCTOBER 30 — In “Power to search is about balancing the freedom of the individual and the interest of society at large” I shared the judgment of the great English judge Lord Denning on the underlying principle of search.

The judgment in that case, Ghani v Jones [1970], was in fact a reiteration of an earlier judgment in Chic Fashions (West Wales) Ltd v Jones [1968].

Both cases are well celebrated in Malaysia. One does not read law in Malaysia without reading the two cases.

Lord Denning’s statement in Chic Fashions (West Wales) Ltd v Jones merits reproduction. His Lordship had said as follows:

“We have to consider, on the one hand, the freedom of the individual. The security of his home is not to be broken except for the most compelling reason. On the other hand, we have to consider the interest of society at large in finding out wrongdoers and repressing crime.

“In these present times, with the ever-increasing wickedness there is about, honest citizens must help the police and not hinder them in their efforts to track down criminals.

“I look at it in this way: So far as a man’s individual liberty is concerned, the law is settled concerning powers of arrest …. I see no reason why goods should be more sacred than persons.”

As I wrote earlier, search per se is not unconstitutional. It is a necessary and reasonable restriction to the right to hold the property searched, like a smartphone.

Under Part VII of the Police Act 1967 (Revised 1988), the general duties and powers of police officers are spelt out as including giving assistance in the protection of life and property – Section 20(3)(j).

So, there is more to powers of the police than just apprehending all persons whom he is by law authorised to apprehend — Section 20(3)(a).

Accordingly, when the police are directed by the Cabinet and the Home Ministry to step up patrols in schools as part of nationwide efforts to curb juvenile crime, it is consistent with the duty of the police to give assistance in the protection of life and property.

Honest citizens must help the police and not hinder them in their efforts to repress crimes.

** This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.