JANUARY — 25 In “State has legitimate interest to regulate freedoms” I wrote that if the provisions of the Peaceful Assembly Act 2012 (PAA) are not complied with, then the right to assemble peaceably would result in the rights of others to be trampled upon flagrantly.

The rights of others include the rights of private property owners or property administrators. The latter includes the Datuk Bandar of Kuala Lumpur (DBKL), who is charged with the administration of the City of Kuala Lumpur [Section 4(1) of the Federal Capital Act 1960 (Revised 1977)].

The DBKL is a body corporate and a local authority by reason of Section 2 of the Local Government Act 1976 (LGA).

Under Section 102 of the LGA, every local authority (the DBKL included) may from time to time make by-laws in respect of all such matters as are necessary or desirable for the maintenance of the health, safety and well-being of the inhabitants or for the good order and government of the local authority area and in particular in respect of all or any of the purposes stated in (a) – (u), including to provide for the protection from damage or interference of any local authority works or property situated or being in, under or over any public or private place within the local authority area.

One of the by-laws made by the DBKL as a local authority is the Local Government (Dataran Merdeka) (Federal Territory Of Kuala Lumpur) By-Laws 1992 [PU(A) 304/1992].

The public may not know or may have little knowledge that By-law 4 of the By-Laws 1992 provides for 19 offences, from (a) – (s), for acts done in the Dataran Merdeka, including walking over, stepping or standing on any grass, planting bed or shrubbery.

By-law 5 prohibits the use of any indecent or offensive language or disorderly or indecent behaviour in the Dataran Merdeka. By-law 8 prohibits, unless exempted, the holding of any public address, demonstration, assembly, meeting, gathering or any other activity in the Dataran Merdeka without a permit from the DBKL.

The law states that any gathering in Dataran Merdeka must apply for a permit from DBKL. — Picture by Yusof Mat Isa
The law states that any gathering in Dataran Merdeka must apply for a permit from DBKL. — Picture by Yusof Mat Isa

Any organiser who wishes to use Dataran Merdeka as a place of public address, demonstration, assembly, meeting, gathering or any other activity, must apply in writing to the DBKL for a permit [By-law 10].

Meanwhile, Section 11 of the PAA requires the organiser of an assembly, other than a religious assembly or a funeral procession or an assembly held at a designated place of assembly, to obtain the consent of the owner or occupier of the place of assembly for it to be used for the purpose of the assembly.

Section 11 of the PAA, read together with By-law 8 of the By-Laws 1992, means that there must be a permit to peacefully assemble in the Dataran Merdeka. This requirement is procedural or regulatory and not restrictive.

It is not onerous.

If an organiser of a peaceful assembly is exempted – which is allowed by By-law 8 itself – from such a permit, it sets a precedent.

The next organiser would want to be exempted as well.

It could be a political party or coalition of political parties. It could be a non-governmental organization (NGO) or a coalition of NGOs. It could be the Malaysian Bar or nine past presidents of the Bar.

To whom will the door of exemption be closed?

Allowing exemption after exemption would run counter to the purpose of the By-Laws 1992.

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