PEACEFUL ASSEMBLY ACT 2012

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 736 PEACEFUL ASSEMBLY ACT 2012 As at 1 December 2019 2 PEACEFUL ASSEMBLY ACT 2012 Date of Royal Assent … … … … 30 January 2012 Date of publication in the Gazette … … 9 February 2012 Latest amendment made by Act A1600 which came into operation on … … … … 1 November 2019 3 LAWS OF MALAYSIA Act 736 PEACEFUL ASSEMBLY ACT 2012 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement and non-application 2. Objects 3. Interpretation PART II RIGHT TO ASSEMBLE PEACEABLY AND WITHOUT ARMS 4. Right to organize assembly or participate in assembly 5. Right of person who has interests PART III RESPONSIBILITIES OF ORGANIZERS, PARTICIPANTS AND POLICE 6. Responsibilities of organizers 7. Responsibilities of participants 8. Responsibilities of police 4 Laws of Malaysia PART IV REQUIREMENTS ON ORGANIZING OF ASSEMBLY Section 9. Notification of assembly 10. Requirements regarding notification of assembly 11. Consent of owner or occupier of place of assembly 12. Requirement to inform persons who have interests 13. Meeting with organizer 14. Response to notification of assembly 15. Restrictions and conditions 16. Appeal on restrictions and conditions 17. Simultaneous assemblies 18. Counter assembly 19. Presumption as to organizer PART V ENFORCEMENT 20. Power of arrest 21. Power to disperse assembly 21A. Power to compound offences PART VI MISCELLANEOUS 22. Maintenance of register 23. Recordings 24. Media access 25. Designated place of assembly 26. Power to amend Schedules 27. Regulations ACT 736 Peaceful Assembly Section FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE 5 7 LAWS OF MALAYSIA Act 736 PEACEFUL ASSEMBLY ACT 2012 An Act relating to the right to assemble peaceably and without arms, and to provide restrictions deemed necessary or expedient relating to such right 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, and to provide for related matters. [23 April 2012] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement and non-application 1. (1) This Act may be cited as the Peaceful Assembly Act 2012. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. (3) This Act shall not apply to— (a) an assembly which is an election campaign under the Election Offences Act 1954 [Act 5]; and (b) an assembly which is a strike, lock-out or picket under the Industrial Relations Act 1967 [Act 177] and the Trade Unions Act 1959 [Act 262]. 8 Laws of Malaysia ACT 736 Objects 2. The objects of this Act are to ensure— (a) 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 (b) 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 3. In this Act, unless the context otherwise requires— “rights and freedoms of other persons” includes— (a) the right to peaceful enjoyment of one’s possession; (b) the right to freedom of movement; (c) the right to enjoy the natural environment; and (d) 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; Peaceful Assembly 9 “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) a road; (b) a place open to or used by the public as of right; or (c) a place for the time being open to or used by the public, whether or not— 10 Laws of Malaysia ACT 736 (i) the place is ordinarily open to or used by the public; (ii) by the express or implied consent of the owner or occupier; or (iii) on payment of money; “prohibited places” means— (a) the protected areas and protected places declared under the Protected Areas and Protected Places Act 1959 [Act 298]; and (b) 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. PART II RIGHT TO ASSEMBLE PEACEABLY AND WITHOUT ARMS Right to organize assembly or participate in assembly 4. (1) The right to organize an assembly or participate in an assembly peaceably and without arms under this Act shall not extend to the following: (a) a non-citizen; (b) an assembly held at any prohibited place and within fifty metres from the limit of the prohibited place; (c) (Deleted by Act A1600); Peaceful Assembly 11 (d) in relation to the organization of an assembly, a person below the age of twenty-one years; and (e) in relation to the participation in an assembly other than an assembly specified in the Second Schedule, a child. (2) A person commits an offence if— (a) being a non-citizen, he organizes or participates in an assembly; (b) he organizes or participates in an assembly held at any prohibited place and within fifty metres from the limit of the prohibited place; (c) (Deleted by Act A1600); (d) being a person below the age of twenty-one years, he organizes an assembly; (e) being a child, he participates in an assembly other than an assembly specified in the Second Schedule; or (f) he recruits or brings a child to an assembly or allows a child to attend an assembly other than an assembly specified in the Second Schedule. (3) A person who commits an offence under paragraph (2)(a), (b), (d) or (e) shall, on conviction, be liable to a fine not exceeding ten thousand ringgit. (4) A person who commits an offence under paragraph (2)(f) shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit. 12 Laws of Malaysia ACT 736 Right of person who has interests 5. A person who has interests shall have the right to be informed of the details of an assembly in the manner specified in section 12 so as to allow him to raise his concerns or objections to the assembly. PART III RESPONSIBILITIES OF ORGANIZERS, PARTICIPANTS AND POLICE Responsibilities of organizers 6. (1) An organizer shall ensure that an assembly is in compliance with this Act and any other written law. (2) For the purpose of subsection (1), the organizer shall— (a) ensure that the organization and conduct of an assembly is not in contravention of this Act or any order issued under this Act or any other written law; (b) ensure that he or any other person at the assembly does not do any act or make any statement which has a tendency to promote feelings of ill-will or hostility amongst the public at large or do anything which will disturb public tranquility; (c) ensure that he or any other person at the assembly does not commit any offence under any written law; (d) ensure that the organization and conduct of an assembly is in accordance with the notification of assembly given under subsection 9(1) and any restrictions and conditions which may be imposed under section 15; (e) appoint such number of persons as he thinks necessary to be in charge of the orderly conduct of the assembly; Peaceful Assembly 13 (f) co-operate with the public authorities; (g) ensure that the assembly will not endanger health or cause damage to property or the environment; (h) ensure that the assembly will not cause any significant inconvenience to the public at large; (i) ensure the clean-up of the place of assembly or bear the clean-up cost of the place of assembly; and (j) in the case of simultaneous assemblies or counter assemblies, ensure that the organization of the assemblies are not intended to specifically prevent the other assembly from taking place or interfere with the organization of such assembly. Responsibilities of participants 7. A participant shall— (a) refrain from— (i) disrupting or preventing any assembly; (ii) behaving offensively or abusively towards any person; (iii) doing any act or making any statement which has a tendency to promote feelings of ill-will or hostility amongst the public at large or doing anything which will disturb public tranquility; (iv) committing any offence under any written law at any assembly; and (v) causing damage to property; and 14 Laws of Malaysia ACT 736 (b) 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 8. A police officer may take such measures as he deems necessary to ensure the orderly conduct of an assembly in accordance with this Act and any other written law. PART IV REQUIREMENTS ON ORGANIZING OF ASSEMBLY Notification of assembly 9. (1) An organizer shall, five days before the date of an assembly, notify the Officer in Charge of the Police District in which the assembly is to be held. (2) Subsection (1) shall not apply to— (a) an assembly which is to be held at a designated place of assembly; and (b) any other assemblies as may be specified in the Third Schedule. (3) 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. (4) 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. Peaceful Assembly 15 (5) 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 10. The notification made under subsection 9(1) shall— (a) be in the form in the Fourth Schedule; (b) be signed by the organizer; (c) be accompanied by a copy of the consent of the owner or occupier of the place of assembly, if applicable; (d) be accompanied by any additional document as may be specified by the Officer in Charge of the Police District, if any; and (e) contain the following particulars: (i) the name and details of the organizer; (ii) the