YOGGANANTNIY KANNUVU

NAIDU
SHARVIN SHAJI

RIGHTS TO PEACEFUL ASSEMBLY AND

GOOD GOVERNANCE
1. INTRODUCTION AND
BACKGROUND OF THE
RESEARCH
LITERATURE AND LITERATURE
GAP
GLOBAL LITERATURE
MALAYSIAN LITERATURE
PROBLEM STATEMENT
RESEARCH QUESTION
RESEARCH OBJECTIVE
SCOPE OF THE RESEARCH
RESEARCH METHODOLOGY
LIMITATION OF RESEARCH
OUTLINE
SIGNIFICANCE OF THE
RESEARCH
KEY FINDINGS
RECOMMENDATION
BACKGROUND 1. PEACEFUL ASSEMBLY IN MALAYSIA
OF THE 2. MALAYSIAN CITIZEN HAVE RIGHTS TO ASSEMBLE

RESEARCH UNDER ARTICLE OF 10 FEDERAL CONSTITUTION

3. THE PRIOR ACT GOVERNING IS PEACEFUL
ASSEMBLY ACT 2012
4. THIS ACT ALLOWS THE CITIZEN TO ORGANISE AND
PARTICIPATE IN ASSEMBLIES PEACEFULLY WITHOUT
ARMS, AND THE RESTRICTION IMPOSED INTO
NECESSARY INTEREST OF PUBLIC ORDER AND
SECURITY
5. THE ACT IS DRAFTED FOUR MONTHS AFTER THE
BERSIH 2.0 RALLY AND ANNOUNCED ITS INTENTION
TO AMEND THE POLICE ACT
 GLOBAL LITERATURE
Sir Hugh Orde 2011

Public order situations ask individual officers to make difficult choices: in discharging their duties to uphold
the law, to balance competing rights of protesters and those seeking to go about their business, and to use
necessary and proportionate force.

(Tom R. Tyler), 2006

deterrence strategy is a primary factor that motivates human to obey the law due to the influence of risk
assessment

Jane Gordon,

analysed the relationship between the human rights obligations of the police and their public order powers
and sought to introduce an explicitly human rights based approach to the policing of protest, defining the
starting point for the policing of protest as a presumption in favour of facilitating peaceful protest, reflecting
 MALAYSIAN LITERATURE
AMBIGA SREENEVASAN (2012)

Peaceful Assembly Act, restricts the rights as much as possible. It gives unfettered powers to the minister and
police to further restrict to freedom of assemble

Lim Kit Siang (DAP leader (2014)

Act is passed forcibly through the parliament without public consultation is this act will give absolute powers
to the police and not democratic.

Prof Dr Shad Saleem Faruqi, (2009)

In essence, even though Malaysia’s citizen has right to assemble, they are still subject to Article 10(2), (4) and 149 of the
Federal Constitution. Hence, notion of this “freedom” is actually not a question of right but rather privilege in nature.
 1. There are found good and bad
arguments while discussing about
PAA
GAPS IN THE
LITERATURE
2. There is no literature balancing
Federal Constitution between
Peaceful Assembly Act

3. There is no field work research

done
 PROBLEM STATEMENT

LEGAL FRAMEWORK OF FREEDOM OF ASSEMBLY ONLY HIGHLIGHTED

UNDER FEDERAL CONSTITUTION ARTICLE 10 AND PEACEFUL ASSEMBLY

ACT 2012 WHICH DOES NOT PROVIDE ABSOLUTE SCOPE LIMITATION AND

STANDARD RESTRICTION ( SHARIZAL BIN RAZALI (2017) :( A study on the non-compliance of

peaceful assembly under the Peaceful Assembly Act 2012)

THE ABUSE OF POLICE POWER IN PEACEFUL RALLY ( THE STAR ONLINE)

RESEARCH QUESTION
● IS THE PEACEFUL ASSEMBLY PROVIDES AN
EFFECTIVE LEGAL FRAMEWORK IN
MALAYSIA

● DETERMINING THE EXTENT OF THE

PUBLIC ORDER IN UNITED KINGDOM
 RESEARCH OBJECTIVE

● TO STUDY THE LIMITATION AND THE STANDARD RESTRICTION

OF PEACEFUL ASSEMBLY ACT 2012

● TO PREPARE AN EFFECTIVE MECHANISM ON THE COMPLIANCE

TOWARD THE PAA 2012 INVOLVING PEACEFUL ASSEMBLY.

● TO STUDY AND ANALYZE THE LAW GOVERNING PEACEFUL

ASSEMBLY IN UNITED KINGDOM.

 SCOPE OF THE RESEARCH
● SUBJECT MATTER

○ Rights of Peaceful assembly in malaysia

● LAW

○ Peaceful assembly Act 2012

○ Public order act 1986

● JURISDICTION

○ Malaysia

○ United Kingdom
 RESEARCH METHODOLOGY

DOCTRINAL LEGAL ANALYSIS COMPARATIVE LEGAL ANALYSIS ( PRIMARY)

(SECONDARY)
● PEACEFUL ASSEMBLY ACT 2012
● ACADEMIC JOURNAL
● PUBLIC ORDER 1986
● LEXISNEXIS
● FEDERAL CONSTITUTION
● LAW REFERENCE BOOKS
● PENAL CODE (MALAYSIA)
 LIMITATION OF RESEARCH

1. LACK OF TIME - PERIOD OF 10 WEEKS IS

SUFFICIENT IN COLLECTING ALL THE

INFORMATION, UNDERSTANDING THEM AND

COMPARING REVIEWS FROM EXPERTS

2. LACK OF DATABASE AND LIBRARY SOURCE

3. LACK OF REVIEWS DUE TO THE ISSUE

DISCUSSED IS RECENT DEVELOPMENT IN

SIGNIFICANCE 1.
2.
BODY OF LITERATURE
BODY OF KNOWLEDGE
OF THE 3.
4.
PDRM ( POLIS DIRAJA MALAYSIA )
LAW RESEARCHER
RESEARCH 5. ACADEMICIAN
 KEY FINDINGS
MALAYSIA
MALAYSIA
1. THE NOTICE GIVEN- PRIOR OF 10
DAYS
2. THE SERIOUSNESS OF
PUNISHMENT - under PAA 2012 is
punishable only by a maximum fine of
RM 10,000.00 while offences on
recruiting, bringing and allowing children
to the assemblY and failure to dispersed
after ordered to do so, the fine are simply
not more than RM 20,000.00.
PUBLIC ORDER
1. THE NOTICE GIVEN - PRIOR TO 6
DAYS
2. THE SERIOUSNESS OF PUNISHMENT
- Regarding the severity of punishment
under PAA 2012 compared to the
punishment under POA 1986, the latter
imposed a more severe penalty. Under
section 14 of the POA 1986, the sanction
imposed is not exceeding 3 months
imprisonment or fine not exceeding £2,500
3. Section 15 of the PAA, the Officer in Charge of the
Police District is given wide discretionary to impose
other conditions and/ or restrictions other than
those specifically mentioned in Section 15 (a) to (g)
of the PAA as he deems necessary or expedient. It is
important to note that the police can impose other
conditions or restrictions not found in other
jurisdictions
3.In the United Kingdom, even though the words “as
appear to him necessary to prevent such order, damage,
disruption or intimidation” are stated in the Act, the
police may only impose conditions based on date,
time and duration, place and manner
Section 21 (2) of the PAA provides that the police
officer, in exercising the power to disperse an
assembly may use all reasonable force. It is
important to note that the lack of public
disclosure of the standard operating procedure
employed by the police, such as how it handles
control or demonstrations evokes distrust in the
public as to how it will apply this provision.
Hence, the extent of the exercise of the police’s
reasonable force should be clearly identified. It is
also important to establish the positive obligations
of the police in promoting and facilitating all
peaceful assemblies
The power of the police to arrest without
warrant in the United Kingdom is subject to
certain circumstances as stated in Sections
12(7) and 14 (7) of the Public Order Act
1986.The powers
of the police are spelt out clearly and
published to the public. Further, the UK
Human Rights Act 1998, particularly section
3 requires the police to interpret and apply
their powers in a manner which is compatible
to the European Convention on Human Rights
Section 4(1)(a) of the PAA, it is clearly stated
that the right to organise or participate in an
assembly does not extend to a non-citizen.
Therefore, PAA takes away the right of peaceful
assembly from non-citizen which was
recognised by section 27 of the Police Act.
Hence, non-citizens could be said to be denied
of/ this fundamental right.
The legislation in the United Kingdom
that govern public assemblies do not
make a distinction between the right
accorded to citizens or non-citizens.
Further, reference can also be made to
Article 20 of the Universal Declaration of
Human Rights (1948). It would appear
that “everyone” has the right to freedom
of peaceful assembly. Reference could
also be made to Article 21 of the
International Covenant on Civil and
Political Rights (1966) which also
provides right for peaceful assembly
RECOMMENDATION

● INCREASE THE PENALTIES

● ENHANCING AGE ORGANISER AND
PARTICIPANTS RESPONSIBILITY
● AMEND THE PARTICIPANTS
RESPONSIBILITY
● THE APPROACH OF POLICE