As a civic-conscious citizen, I would like to set the record straight regarding certain claims by various quarters.
I refer to The Malaysian Insider article: HERE
- Lawyers For Liberty executive director Eric Paulsen (pic) said the mass arrests were a clear abuse of power by the police as it is seen to have been carried out only because the PPS was linked to the DAP-led Penang government.
The above statement is not true because on 29th August, 2014, 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. (THE STAR)
- "The people linked to the PPS have not committed any crime but on the other hand they worked to ensure the safety of the ordinary citizens and visitors to the state," he said.
May I ask Mr. Paulsen if he has screened through ALL the background records of ALL the PPS members?
How does he know for sure that none of the people link to the PPS have not committed any crime?
How does he know for sure that every single one of them has worked to ensure the safety of citizens and visitors?
If he has such supporting information to back up his statements, he should forward the information to the police to assist them in investigations.
- Paulsen said there was double standards practised when Home Minister Datuk Seri Ahmad Zahid Hamidi had even endorsed questionable organisations like Pekida and Tiga Line just because they were supportive of the government.
The above allegation is very serious. Citizen Times urges Paulsen to back up his statements.
- He also took a swipe at Inspector-General of Police Tan Sri Khalid Abu Bakar for his lack of professionalism in applying the law fairly.
Not a fair statement at all. Below the belt hits do nothing for credibility.
- "Khalid has not changed for the better despite him being found liable by the High Court and the Court of Appeal recently for being responsible for the custodial death of A.Kugan in 2009 because he did not follow procedures," he said.
Once again, the above statement is unfair and totally uncalled for. He cannot compare a custodial death with PPS arrests. Paulsen should explain his rationale, if there is any.
- Khalid, in that case, was specially pointed out for abusing his authority while in office.
What is Paulsen trying to say by the above?
- Paulsen said this in response to the arrest of PPS members this morning, hours after Zahid advised Penang Chief Minister Lim Guan Eng not to challenge the police on the legality of the organisation.
It just does not make sense that anyone would speak up against the arrests after a word of caution from the country's Home Minister.
- Suaram executive director Yap Swee Seng (pic, right) said he doubted very much police had the power to arrest PPS members just because they were not registered with the RoS.
Citizen Times would like to highlight Section 5 and 6 of the 1966 Societies Act:
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.
- He said it had been legally pronounced that any unregistered society could function as long it was not a threat to national security, public order and morality.
According to the Deputy Home Minister:
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.
- Yap said an unregistered society must not be equated with an illegal entity and this had been affirmed in a 2012 High Court ruling brought by electoral reform group, Bersih 2.0.
Perhaps Yap Swee Seng missed the announcement by Deputy Home Minister that Penang voluntary unit is illegal as state governments have no say in security. Check HERE.
- "You cannot declare a society illegal just because it has not been registered," he said.
Mr Yap, it is NOT just because of that. Deputy Home Minister Wan Junaidi already explained:
1. 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.
2. National security, he said, was placed under the powers and regulation of the central government.
- Human Rights lawyer Andrew Khoo (pic, below) said the arrest was not appropriate and lacked in judgement as the PPS members participated in a patriotic event in conjunction with Merdeka Day.
They were already warned. PPS and the state government were cautioned by Home Minister, Deputy Home Minister, IGP and RoS. They all KNOW the law and chose to break the law. Please read Advice from Home Minister, Deputy Home Minister IGP and RoS - Brazenly Ignored by LGE
- "Were they told what offence was committed that warranted such mass arrest. Were they given legal representation as required under the law before statements were recorded," he asked.
According to the many reports before and after, they were told and warned but they chose not to heed the advice.
- He said PPS members were victimised because of a clash between Penang and Putrajaya.
The above statement is very unfair. Please support such a baseless allegation.
- Society for the Promotion of Human Rights in Malaysia secretary-general Datuk Dr Denison Jayasooria said the Penang government should have discussed with the ministry before the PPS was launched.
- "The ministry is of the view that some activities of the PPS came under its jurisdiction," he said, adding that both sides should sit down and thrash out the matter.
The above statements are true but the state government chose to do it THEIR way. What to do?
- However, he said police should have exercised restrain and the arrest would be seen as politically-motivated since it happened during a national day event.
Well, they were warned and chose NOT to heed the warnings and instead, went ahead brazenly to play it according to their own rules of the game.
No one is above the law. No man can and no man should challenge the government or police.
If they dare, then they have to be ready to pay the price for their brazen insolence and disobedience.
Be fair in any judgement.
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