Peaceful Assembly Act prohibition of “street protest” challenged
17 December 2015
Accused persons for two Peaceful Assembly Act cases have filed applications under section 30 of the Courts of Judicature Act 1964 to refer a constitutional question to the Kuala Lumpur High Court. The applications were filed this afternoon at about 2:30 pm at the Lower Criminal Court Registry at the Kuala Lumpur Court Complex by their solicitors Messrs Daim & Gamany.
The first case concerns Adam Adli bin Abdul Halim and Mohd Fariz bin Abdul Talib, who were charged for taking part in a “street protest” which took place on 28 February 2015.
The second case concerns ADUN Chang Lih Kang, ADUN Lee Chean Chung and Rozan Aze bin Mat Rasip, who were charged for taking part in a “street protest” on 21 March 2015.
The question to be asked is “Whether sections 4(1)(c), 4(2)(c) and 4(3) of the Peaceful Assembly Act 2012 are incompatible with Articles 8, 9 and 10 of the Federal Constitution”.
This is a novel constitutional point of law that is being raised as the Peaceful Assembly Act absolutely prohibits “street protest” as opposed to “such restrictions” as are allowed under the Federal Constitution.
For further information, please contact the solicitor in charge, Ms. Melissa Sasidaran.
Off: 03-7960 5688
Mobile: 016-663 6689