WHO IS RIGHT AND WHO IS WRONG? YOU BE THE JUDGE!
1. IGP issued Warning to PPS to stop Activities or Face Arrest
The Star, 29th August 2014
KUALA LUMPUR: The Penang Voluntary Patrol Unit (PPS) has been told to stop operations or face the possibility of arrest.
"I advise members of the group to stop their activities. Failure to do so may result in arrest," said Tan Sri Khalid Abu Bakar.
The Inspector-General of Police also said that now that the group had been deemed illegal, the responsibility to ensure that it ceased operations fell on the police.
Khalid, although commending PPS volunteers' efforts to ensure public safety, said the group had deviated from its role as a community service provider.
"At least two police reports were lodged against PPS for unruly behaviour, including assaults on a reporter and a member of the public.
"They have also carried out traffic controls without heeding traffic laws and instructions from the police," he added.
Earlier, Penang MCA Youth chief Michael Lee Beng Seng had urged the Home Ministry to check on the groups' legality after a brawl occurred between PPS members and social activist Ong Eu Soon, 51, on Aug 17.
Following the incident, Khalid issued a statement saying that PPS is viewed as an illegal society under Section 41 of the Societies Act (1966) as it was not registered with the Registrar of Societies (RoS).
Penang Chief Minister Lim Guan Eng defended the PPS, saying that it was a legal state body.
Several online portals quoted Lim as saying that the PPS has been in operation for the past four years without any problems, until recently.
Meanwhile, Khalid and Attorney-General Tan Sri Abdul Gani Patail will be leaving for Amsterdam on Sunday to continue investigations into the downing of Malaysian Airlines (MAS) flight MH17 with their Australian and Dutch counterparts.
"We have yet to receive clearance from Ukrainian authorities to enter the crash site, which is controlled by separatists.
"The police, along with our Dutch and Australian counterparts, agreed not to enter the site until it is deemed safe," said Khalid.
Khalid spoke at the handover ceremony of power between former federal police Internal Security and Public Order director Comm Datuk Seri Salleh Mat Rasid and his successor Deputy Comm Datuk Ab Razak Ab Ghani.
2. FMT reported: IGP a bully and a liar, says Guan Eng
GEORGE TOWN: Penang Chief Minister Lim Guan Eng has pledged that his government will provide lawyers and legal funding for Voluntary Patrol Squad (PPS) members who are wrongly arrested by police.
In a press statement today, Lim called Inspector-General of Police Khalid Abu Bakar a bully for threatening to arrest PPS members if they continued with their activities and a liar for saying PPS had strayed from its original objective of serving the public.
A Bernama report yesterday quoted Khalid as saying: “PPS appears to have strayed from its objective when it was established four years ago to serve the community but have now started hitting people.”
Lim denied Khalid’s allegation, but promised that his government would “act sternly” against any PPS member who is guilty of any wrongdoing.
Referring to Khalid’s threat, he said: “Why should the nearly 10,000 members in PPS be punished for the wrongful act of one PPS member? If that is the case, can the IGP answer whether the entire 120,000 police forced should be punished just because of the criminal acts of several policemen committing crimes, beating up people, even causing death in lock-ups or during interrogation?”
Lim pointed to a contradiction between Khalid’s statement that PPS was an illegal organisation and his remark that it had strayed from its original objectives. “The IGP admitted that when PPS was established four years ago, it did good in serving the public. In other words, PPS was legal four years ago, but not now because PPS members were now hitting people.”
He said his government was willing to go to court to defend its right to form PPS.
3. The Rakyat Post, 31st August 2014:
Khalid a liar, says Guan Eng
KUALA LUMPUR, Aug 30, 2014:
Penang Chief Minister Lim Guan Eng reiterated his defence of the Penang Voluntary Patrol Squad (PPS) after Inspector-General of Police Tan Sri Khalid Abu Bakar said the police would arrest its members over activities of the “illegal society”.
In a statement today, Lim said the Penang state government would also provide lawyers and legal funding to defend any PPS member “wrongly arrested by police”.
Lim added by arresting the members, Khalid was giving new reason for wanting to stop PPS members from continuing to help the public.
“Khalid is not only wrong, but a liar for stating that PPS had strayed from its original objectives of helping the people and patrolling to protect public safety.
“PPS has never strayed from its original objectives of serving the public. If there are any criminal incidents involving PPS that are wrong, the Penang state government will co-operate fully with the police to take stern action.”
He repeated questions as to why no action was taken against PPS when it was established by the state government four years ago, drawing similarities to the Village Security and Development Committees (JKKK) set up by the federal government after the 2008 General Election.
“If JKKK is not wrong, why is there double standards by the IGP to declare PPS set up by the Penang state government as illegal?”
Lim said the state government was willing to go to court to defend the formation of the PPS as it did JKKK, encouraging the community to be responsible in community policing.
“Let the whole world see the Malaysian police arrest not criminals, but PPS members for being good Samaritans helping people.
“Similarly the Penang state government guarantees that it will act sternly to punish any PPS member committing criminal wrongdoings.”
The PPS sparked argument between the Chief Minister and the head of police after it was called a vigilante group.
Both Deputy Home Minister Datuk Dr Wan Junaidi Tuanku Jaafar and Khalid labelled the body as illegal after the latter alleged that PPS members had been hitting people, including some journalists.
Because of this, the IGP also said that the PPS appeared to have strayed from the original objective of its establishment four years ago, which was to serve the community.
3b. The Rakyat Post
Yesterday, Chief Minister Lim Guan Eng at a PPS event in Komtar was reported as saying that the PPS should not be afraid of police action and the state would provide all the necessary assistance including legal help to them should they be arrested.
He said that PPS should continue with its services with the backup of the state government to ensure that Penang is safe through the state-run body’s commitment in assisting police in patrolling the streets in crime prevention.
4. Malaysiakini 30th August 2014
Penang to fight any police action against PPS
Penang Chief Minister Lim Guan Eng has vowed to defend members of the Penang Voluntary Patrol Squad (PPS) from any police action for simply being associated with the body.
"The Penang state government will provide lawyers and legal funding to defend any PPS member who is wrongly arrested by police, not for any criminal wrongdoing, but merely for being a good Samaritan and helping the public.
"This follows the bullying threats by Inspector-General of Police (IGP) Khalid Abu Bakar who said that police will arrest members of the PPS if they continued their activities," said Lim in a statement this afternoon.
Khalid had reportedly said yesterday that PPS had strayed from its objective of public safety and assaulted members of the public with at least two police reports against the body.
He also declared PPS to be illegal as it was not registered with the Registrar of Societies (ROS).
However, Lim called Khalid a "liar", insisting that PPS had and still is focussed on public safety.
If there are any criminal incidents involving PPS that are wrong, the Penang state government will co-operate fully with the police in taking stern action, he added.
Penang state exco member Phee Boon Poh is personally in charge and has taken full responsibility to ensure that PPS members found to have committed wrongdoings are punished,he said.
Lim also said that PPS was set up by the state government four years ago and its legality had never been questioned until now with local police even cooperating with the body.
'Is police force punished for bad apples?'
He said PPS was no different than the local development and safety village committees (JKKK) which are also not ROS registered.
Lim said an isolated assault case should not cause the entire PPS to be penalised.
"Why should the nearly 10,000 members in PPS be punished for the wrongful acts of one member?
"If that is the case, can the IGP answer whether the entire 120,000 police force should be punished just because of the criminal acts of several policemen committing crime, beating up people, even causing death whether in lock-ups or during interrogations?" he said.
Lim said the PPS is to encourage citizens to take part in community policing and reiterated that the state government was prepared to go to court to defend this.
"Let the whole world see the Malaysian police arrest, not criminals, but PPS members for being good Samaritans by helping people.
"Similarly the Penang state government guarantees that it will act sternly to punish any PPS member committing criminal wrongdoings," he said.
Earlier this month, vocal critic of the state government accused a PPS member of assaulting him.
Subsequently, Parti Cinta Malaysia vice president Huan Cheng Guan accused PPS of being misused by the DAP-led state government for party work.
5. The Malaysian Insider 28th August 2014
State governments have no jurisdiction over security matters, said Deputy Home Minister Datuk Dr Wan Junaidi Tuanku Jaafar, echoing the Registrar of Societies' (ROS) claim that Penang's Voluntary Patrol Unit (PPS) is illegal.
Wan Junaidi (pic) said state governments were not allowed to set up their own standing army or police force as they did not have jurisdiction over matters related to security.
National security, he said, was placed under the powers and regulation of the central government.
"Existing organisations that carry out functions related to security such as Rela (People's Volunteer Corp), JPAM (Civil Defence Department) and the JKKK (Village Security and Development Committees) were all set up for national security purposes under federal law.
"The states cannot have their own army or police," he said, when asked to comment today on the growing controversy surrounding PPS.
Wan Junaidi said only the Royal Johor Military Force, which is under the Johor sultan's control, was an exemption and deemed legal by law.
The force is an independent military formation established in 1886 to function as the state army. It is one of the oldest armies in the country and the only state army in Malaysia.
Wan Junaidi also said the police had compiled information which indicated that PPS had acted in the same manner as would an enforcement unit or "vigilantes in other countries".
"As in other countries, vigilante groups can change their faces and go beyond the control of their founders.
"This is why they must be stopped from the beginning before they go out of control. That may bring about calamity and we cannot allow it to happen," he said.
Wan Junaidi said if Penang was allowed to have an organisation like the PPS unit, other states might follow suit.
"In the end, the country may be overrun by vigilantes. They may even be given ranks. This is what we want to avoid.
"That kind of authority (security) is under the police and other agencies that are recognised," he said.
On whether the authorities would see to the disbanding of PPS, Wan Junaidi said the matter was still being studied.
He said people were free to join associations as stated under the Constitution but organisations should be registered.
"Register before you start your activities. Registered organisations have clear objectives and guidelines," he said, adding that he would leave it to the police to complete their investigations.
The PPS unit recently stirred up controversy after a 51-year-old man alleged that two of its members had beaten him up. The duo have since denied the claim, saying that the man had attacked them first.
The incident attracted the attention of critics, with some demanding that the state explain the legitimacy of the unit.
On Tuesday, inspector-general of police Tan Sri Khalid Abu Bakar said PPS was not registered with the RoS and was therefore considered illegal. He said PPS was being investigated under Section 41 of the Societies Act.
Meanwhile, state exco Phee Boon Poh, who is in charge of the unit, insisted that registration was not necessary as PPS was a state government agency.
Yesterday, Chief Minister Lim Guan Eng said the recent attacks on PPS were politically motivated.
He said the state government would defend and stand together with the PPS unit to face the attacks. – August 28, 2014.
Sedition Act 1948 can be viewed here
Societies Act 1966 can be viewed here
Excerpt from Section 5 and 6:
Power of the Minister to declare a society unlawful
5. (1) It shall be lawful for the Minister in his absolute discretion
by order to declare unlawful any society or branch or class or
description of any societies which in his opinion, is or is being
used for purposes prejudicial to or incompatible with the interest
of the security of Malaysia or any part thereof, public order or
morality.
(2) An order made under this section shall be published in the
Gazette and shall operate to cancel immediately the registration
of any such society or societies, if already registered under this
Act; and no society against which an order made under this section
applies shall be so registered.
(3) The provisions of section 17 shall apply in respect of a local
society affected by the order made under this section.Societies 13
Application for registration
6. (1) Every local society other than that in respect of which an
order made under section 5 is in force shall, in the manner prescribed
make application to the Registrar for registration under this Act.
(2) Until a local society is registered under this Act, no person
shall, without a written permission of the Registrar, organize or
take part in any activity of or on behalf of the society, except only
to apply to, or correspond with the Registrar.
(3) Any person committing a breach of subsection (2) shall be
guilty of an offence and shall on conviction be liable to a fine not
exceeding *five thousand ringgit, and where the breach is a continuing
one to a fine not exceeding **five hundred ringgit for every day
after the first day during which the breach continues.
Power of Registrar to make inquiries, etc. in relation to any
application under this Act
6A. (1) The Registrar may, in relation to any application under
section 6, subsection 11(1), subsection 12(1), section 49,
subsection 50(1), or any other provision of this Act or regulations
made thereunder, call for such further information, and make such
inquiries, as he may consider necessary.
(2) Where a person making any application as is referred to in
subsection (1) fails to supply the further information called for,
or answer the inquiries made, to the satisfaction of the Registrar,
he may refuse the application.
Registration and refusal to register
7. (1) Upon receipt of an application under section 6, the Registrar
shall, subject to the provisions of this section and to such conditions
as the Registrar may deem fit to impose, register the local society
making the application.
(2) The Registrar may refuse to register a local society if—
(a) he is satisfied that such a society is a branch of any
society whose registration has been cancelled under
paragraph 13(1)(c); or
*NOTE —Previously “two thousand ringgit”–see the Societies (Amendment) Act 1998 [Act A1027].
**NOTE —Previously “two hundred ringgit”–see the Societies (Amendment) Act 1998 [Act A1027].14 Laws of Malaysia ACT 335
(b) he is not satisfied that such local society has complied
with the provisions of this Act and of the regulations
made thereunder; or
(c) a dispute exists among the members of such local society
as to the persons who are to be office-bearers or to hold
or to administer any property of the society until the
dispute is decided by a Court or by arbitration or by
agreement between the members or otherwise.
(3) The Registrar shall refuse to register a local society where—
(a) it appears to him that such local society is unlawful under
the provisions of this Act or any other written law or is
likely to be used for unlawful purposes or any purpose
prejudicial to or incompatible with peace, welfare, security,
public order, good order or morality in Malaysia;
(b) the society has been declared by the Minister to be unlawful
under section 5;
(c) the Registrar is satisfied that the society does not exist;
(d) the name under which the society is to be registered—
(i) appears to the Registrar to mislead or be calculated
to mislead members of the public as to the true
character or purpose of the society or so nearly
resembles the name of such other society as is
likely to deceive the members of the public or
members of either society;
(ii) is identical to that of any other existing local society;
or
(iii) is, in the opinion of the Registrar, undesirable;
(e) the constitution or rules of the society do not contain
provisions for all matters set out in Schedule I to this Act
or if the society is a mutual benefit society, matters set
out in Schedule II or any other matters which the Registrar
may reasonably require.
(4) Where the Registrar has refused to register a local society
under this section, the provisions of section 17 shall apply to that
local society.Societies 15
(5) Any society that contravenes any condition imposed on it
by the Registrar under subsection (1) shall be guilty of an offence
and shall be liable, on conviction, to a fine not exceeding two
thousand ringgit.
Please see Section 41 to 48 HERE
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