*PEACEFUL ASSEMBLY ACT 2012

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

This Act shall not apply to—

so far as it is appropriate to do so, that all citizens have the right to organize assemblies or to participate in assemblies, peaceably and without arms; and

that the exercise of the right to organize assemblies or to participate in assemblies, peaceably and without arms, is subject only to restrictions deemed necessary or expedient in a democratic society in the interest of the security of the

Federation or any part thereof or public order, including the protection of the rights and freedoms of other persons.

Interpretation

the right to peaceful enjoyment of one’s possession;

the right to freedom of movement;

the right to enjoy the natural environment; and

the right to carry on business;

“road” has the meaning assigned to it in the Road Transport Act 1987 [Act 333];

“child” means a person below the age of fifteen years;

“Minister” means the Minister charged with the responsibility for home affairs;

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“person who has interests” means a person residing, working or carrying on business or having or owning residential or commercial property in the vicinity of or at the place of assembly;

“organizer” means a person who is responsible for the organization of an assembly, including the arranging, convening, collecting or forming of the assembly, or who is responsible for the conduct of an assembly;

“assembly” means an intentional and temporary assembly of a number of persons in a public place, whether or not the assembly is at a particular place or moving;

“counter assembly” means an assembly organized to convey disagreement with the purpose for which another assembly is organized, and held at the same time, date and place or approximately at the same time, date and place as the other assembly;

“simultaneous assemblies” means two or more assemblies to be held at the same time, date and place, but which have no relationship to each other;

“participant” means a person intentionally or voluntarily present for the purpose of an assembly;

“arms” means any firearm, ammunition, explosive, corrosive, injurious or obnoxious substance, stick, stone, or any weapon or object, which by its nature, can be used to incite fear or cause injury to persons, or damage to property;

“public place” means—

a road;

a place open to or used by the public as of right; or

a place for the time being open to or used by the public, whether or not—

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the place is ordinarily open to or used by the public;

the protected areas and protected places declared under the

Protected Areas and Protected Places Act 1959 [Act 298];

and

the places as may be specified in the First Schedule;

“place of assembly” means the place where the assembly is held and in relation to a procession, includes a place at or through which it is proposed the assembly will stop or pass;

“designated place of assembly” means a place designated by the

Minister under section 25.

a non-citizen;

an assembly held at any prohibited place and within fifty metres from the limit of the prohibited place;

(Deleted by Act A1600);

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in relation to the organization of an assembly, a person below the age of twenty-one years; and

in relation to the participation in an assembly other than an assembly specified in the Second Schedule, a child.

A person commits an offence if—

A person who commits an offence under paragraph (2)(a), (b),

A person who commits an offence under paragraph (2)(f)

shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit.

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Right of person who has interests

For the purpose of subsection (1), the organizer shall—

refrain from—

disrupting or preventing any assembly;

causing damage to property; and

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adhere to the orders given by the police, organizer or any person appointed by the organizer to be in charge of the orderly conduct of the assembly.

Responsibilities of police

Subsection (1) shall not apply to—

If the assembly is a religious assembly or a funeral procession, the organizer may inform the Officer in Charge of the

Police District in which the assembly or procession is to be held; and may, if assistance is needed to maintain traffic or crowd control, request for such assistance.

The notification under subsection (1) shall be given to the

Officer in Charge of the Police District in which the assembly is to be held by A.R. registered post or courier or by hand.

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A person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.

Requirements regarding notification of assembly

be in the form in the Fourth Schedule;

be signed by the organizer;

be accompanied by a copy of the consent of the owner or occupier of the place of assembly, if applicable;

be accompanied by any additional document as may be specified by the Officer in Charge of the Police District, if any; and

contain the following particulars:

the name and details of the organizer;

the date on which the assembly is to be held;

the proposed route of the procession;

any place at which it is proposed that the procession will stop; and

the length of time it is proposed that the procession will remain at each such place;

the person appointed by the organizer to be in charge of the orderly conduct of the assembly; and

by posting a notice conspicuously at various locations at the place of assembly; or

by any reasonable means suitable or necessary so as to make the information available to such persons.

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A person who has interests may, in writing, inform his concerns or objections to the assembly together with his reasons to the Officer in Charge of the Police District within twenty-four hours of being informed of the assembly under subsection (1).

The Officer in Charge of the Police District shall take into account the concerns or objections received for the purpose of imposing restrictions and conditions under section 15.

Meeting with organizer

If the Officer in Charge of the Police District does not respond to the notification in accordance with subsection (1), the assembly shall proceed as proposed in the notification.

Restrictions and conditions

The restrictions and conditions imposed under this section may relate to—

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Any person who fails to comply with any restrictions and conditions under this section commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.

Appeal on restrictions and conditions

The Minister shall give his decision within twenty-four hours of receipt of the appeal under subsection (1).

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Simultaneous assemblies

If, in the opinion of the Officer in Charge of the Police

District, the assemblies referred to in subsection (1) cannot be held simultaneously—

an assembly is held at a designated place of assembly;

an assembly is specified in the Third Schedule;

a notification required under subsection 9(1) was not given;

or

a notification required under subsection 9(1) was given but the identity of the organizer stated in the notification is false, 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.

who, during an assembly, refuses or fails to comply with any restrictions and conditions under section 15;

who, during an assembly, has in his possession any arms; or

who recruits or brings a child to an assembly other than an assembly specified in the Second Schedule.

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The police officer shall, before exercising the power of arrest under this section, take necessary measures to ensure voluntary compliance by the organizer or participant.

Power to disperse assembly

the assembly is held at a prohibited place or within fifty metres from the limit of a prohibited place;

(Deleted by Act A1600);

any person at the assembly does any act or makes any statement which has a tendency to promote feelings of ill-will or hostility amongst the public at large or does anything which will disturb public tranquility;

any person at the assembly commits any offence under any written law;

the participants did not or do not comply with the restrictions and conditions imposed under section 15; or

the participants are engaging in, or about to engage in, unlawful or disorderly conduct or violence towards persons or property.

The police officer, in exercising the power to disperse an assembly under this section, may use all reasonable force.

Any person who fails to comply with the order issued under this section commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit.

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Power to compound offences

The Officer in Charge of a Police District may, with the consent in writing of the Public Prosecutor, compound any offence punishable under section 9 or 15 by making a written offer to the person suspected to have committed the offence to compound the offence upon payment to the Officer in Charge of the Police District of such amount of money not exceeding five thousand ringgit within such time as may be specified in the written offer.

An offer under subsection (1) may be made at any time after the offence has been committed but before any prosecution for it has been instituted.

If the amount specified in the offer is not paid within the time specified in the offer, or such extended time as the Officer in Charge of the Police District may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.

Where an offence has been compounded under subsection (1), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made, and any document or thing seized in connection with the offence may be released by the

Officer in Charge of the Police District, subject to such terms as the

Officer in Charge of the Police District thinks fit.

The register referred to in subsection (1) shall be in the form as the Minister may prescribe.

Recordings

For the avoidance of doubt, any person who organizes or participates in an assembly held at a designated place of assembly shall have the same responsibilities as an organizer and a participant under sections 6 and 7.

Power to amend Schedules

the route of the procession:…………………………................................

any place at which the procession will stop: ………………........……….

the length of time the procession will remain at each place:

…......................................................................................................................