ESPECIALLY FOR THOSE WHO DO NOT GIVE A CRAP ABOUT POLITICS UNTIL IT IS TOO LATE AND END UP IN JAIL ALL BECAUSE THEY WERE CARRYING A PAIR OF CHOPSTICKS!
To put the Peaceful Assembly Bill (PAB) bluntly, I see the rights to assembly as being determined 100% by the police on who and where can do what and when. Or to put it in a Malaysian way, if the police were to wonder around "doing their everyday job", all they have to do is simply approach a gang of people and ask if they have the appropriate "approval" or not. If no, then you better prepare some duit kopi or go to court and pay up to RM20,000.
Our Home Minister, Hishammuddin, in his speech, announced on public television 2 (maybe 3) days ago, that "... dengan akta baru, awak kena faham, tak perlu permit pun! Perlu maklum saja kepada pihak berkuasa! Dan bukan tak ada sekatan kepada perhimpunan malah mereka membenarkan perhimpunan diadakan."
(... with the new law, you have to understand that the need for a permit is no longer needed! You just have to tell the right authorities only! There will be no roadblocks (I think this was what he was trying to say, because in BM, it says there is roadblock) and the assembly will also be approved.)
http://www.youtube.com/
Sounds good right? But wait, there is a catch. According to Subsection 9(1), we must inform the right authorities 30 days prior to the event! By the way, Myanmar just gave out a similar assembly bill recently but it only requires 5 days ! Furthermore, IF the person went against the 30 day rule, he is LIABLE to a fine of up to RM10,000 (Subsection 9(5)).
In lay men’s term, does this mean that if you want to go shopping with a group of friends, you MUST inform the right authorities 30days in advance? Because if this is true, and if a police ever does find out that you did not notify them of your “assembly”, you WILL be liable to a painful fine of up to RM10,000.Amazing, aint it?
“Fortunately”, subsection 9(2)(b) allows us to have certain assemblies without having the need to inform the authorities. So maybe we actually CAN have SOME assemblies without notifying the authorities (Religious, funeral, wedding, open houses during festivities, family gatherings, family day and general meetings of societies or associations). But WAIT! Because according to the Right to Assemble Peaceably and Without Arms, there ARE still some terms and conditions that must be fulfilled!
For example, apparently, according to subsection 4(1)(a) that says that the right to assemble shall not extend to non-citizens, if we were to ever hold an assembly that is allowed within the Third Schedule (lets say a funeral), but a spouse or friend or family friend who is NOT a Malaysian citizen but also attended the funeral, does this then mean that the organizer is liable to a fine of up to RM10,000?
More interestingly, family gatherings are (PAB is ambiguous in so many ways so please check it up and correct me on this part if I am wrong) constricted to FAMILIES ONLY. Hence the term, FAMILY gathering. I believe outsiders in your family gathering will be deem it an illegal assembly and NOT a family gathering unless given 30days notice and is approved. Actually, to be more specific, it should be constricted to family members who are MALAYSIAN CITIZENS! So if one day you get caught in a family gathering because a non-family member (your maid for example, or even your boy/girlfriend for that matter because HE/SHE IS NOT YOUR FAMILY) is there, then if I am right, by law, you are liable to a fine of up to RM10,000 right?
Oh and one more thing, is your maid a Malaysian citizen? Hm...
I would like to present another scenario. What if I would like to invite a friend? Say my boyfriend for this example. By PAB section 19, I am considered an organizer right? And if my boyfriend ever wants to invite his siblings, cousins and what not either by word of mouth, FB, sms etc, he too will be deemed as an organizer will he not? (And the cycle of organizers-to-be slowly increases when they too starts inviting their circle of friends) This is because according to section 19, any person who initiates, leads, promotes, sponsors, holds or supervises the assembly, or invites or recruits participants or speakers for the assembly, shall be deemed to be the organizer of the assembly. And if the assembly is an illegal one, then ALL ORGANIZERS will be fined up to RM10,000 according to subsection 4(3) or up to RM20,000 according to subsection 4(4) if an organizer brings a child (younger than 15). Sounds heavy to me. Is this how it will happen if PAB gets passed on Monday?
To make matters even more laughable, EVERY CHINESE during their lunch or dinner with their family members (I think this is considered as a family gathering) must all start eating with fork and spoon because Arms as defined by PAB include sticks. Then again, I am not sure if fork can be categorized under Arms because it does say that anything that can be used to incite fear or cause injury is considered Arms. What say you about this scenario?
(By the way, Arms are defined by this bill as firearm, ammunition, explosive, corrosive, injurious or obnovious substance, STICK, stone, or ANY WEAPON OR OBJECT, WHICH BY ITS NATURE CAN BE USED TO INCITE FEAR OR CAUSE INJURY TO PERSON, OR DAMAGE TO PROPERTY.)
By the way, before I forget, assembly is defined by PAB as gatherings of the public, outdoors or indoors and it does not matter if the venue is ordinarily open to the public or if it is private venue. (WOW)
By this definition, does this mean no more sleepovers, no more straight As celebration and also, no more cyber cafes playing Call of Duty anymore with your friends? Especially for those under 21 because no one under 21 can assemble in relation to the organization of an assembly according to Subsection 4(1)(d). Tough being a Malaysian aint it? Fortunately the government was fair enough to not exclude school assemblies in PAB and hence by "law", allows everyone under 21 to also not attend any school assemblies anymore unless the school actually gives the government a 30 day notice.
After much hoo-hahs about assemblies, lets look at places where we can organize an assembly IF we ever want to assemble and granted that we CAN assemble. Well, according to subsection 4(1)(b) and the First Schedule, the prohibited places are within 50 metres from these places:
Damns, reservoirs and water catchment areas
Water treatment plants
Electricity generating stations
Petrol stations
Hospitals
Fire stations
Airports
Failways, I mean Railways
Land public transport terminals
Ports, canals, docks, wharves, piers, bridges and marinas
Places of worship
Kindergartens and schools
NOTE : Our forest and jungles are considered water catchment areas. If anyone manages to find a place to assemble, please let me know =)
I think what this bill is trying to say is that although the Third Schedule allows us to attend religious assemblies, we are not allowed to do so in any places of worship. If you want to buy a new house, and if you EVER want to have an open house for it (which is basically an assembly), you should NEVER buy a house that is within 50 metre radius of any schools, kindergartens, land public transport terminals including bus or taxi stands and also railways. OMG! House prices within these areas are gonna be dirt cheap because NOBODY (unless you are a loner and hates assemblies) is ever going to ever buy it! Lastly, if the school EVER DOES give the police a 30 day notice that it would like to have a morning assembly, they CANNOT do it within 50 metre radius of any kindergartens and schools. Nice.
So what will happen if anyone ever does oppose the police because of their daily assembly? Lets use an example. Imagine a group of aunties with lots of shopping items ranging from clothes to cutlery and/or kitchen wares (remember the chopstick story above?) to high heels. Assuming that they want to catch a cab and have to go to a taxi stand which technically according to PAB, they ARE carrying arms, what will happen to them? Well, the police officer (under subsection 21(2)), in exercising the power to disperse an assembly under this section, MAY USE ALL REASONABLE FORCE after...after...oh wait, NO WARNINGS NEEDED. Does this means that those aunties are subject to tear gas, water cannons, batons, bazookas and what not if the police thinks that they are “within reasonable force”?
OK! So when Najib said he was going to give birth to the BEST democracy in the world in Malaysia, I am pretty sure he means it with all his heart because this is seriously the BEST law in the world and is only suitable for the BEST democratic country. And when Hisham said "...malah mereka membenarkan perhimpunan diadakan", he too actually mean it with all his heart, just that we must fulfill some of his terms and conditions before we can have an assembly. By Monday, which is the third hearing, IF the law is passed, we can expect to see no more aunties in Malaysia and yes, Malaysia can indeed be more peaceful with the very peaceful Peaceful Assembly Bill.
Good job PM. Good goddamn job indeed!
