Laws of MALAYSIA ONLINE VERSION of the PRINT TEXT that UPDATES Act 736 PEACEFUL ASSEMBLY ACT 2012 As on 1 September 2015 2 PEACEFUL ASSEMBLY ACT 2012 date of Assent............ January 30, 2012 date of publication in the Gazette............ February 9, 2012 3 laws of MALAYSIA Act 736 PEACEFUL ASSEMBLY ACT 2012 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title, commencement and disapplication of 2. Goal 3. Interpretation part II the RIGHT to ASSEMBLE PEACEFULLY and without WEAPONS 4. The right to organize rallies or take part in Assembly 5. The right people who have the interest PART III RESPONSIBILITIES of the ORGANISERS, PARTICIPANTS and POLICE 6. Organiser responsibilities 7. Responsibilities of participants 8. The responsibility of \ 4 laws of Malaysia ACT 736 PART IV REQUIREMENTS in ORGANIZING ASSEMBLIES section 9. Notification of Assembly 10. Requirements relating to the notification assembly 11. The consent of the owner or occupier of the place of Assembly 12. Requirements to inform people who have interest 13. Meeting with the organiser 14. The response to the notification Assembly 15. Restrictions and conditions 16. Appeal against restrictions and conditions 17. Simultaneous Assembly 18. Assembly reply 19. Presumption in respect of pengajur part V ENFORCEMENT 20. The power of catch 21. Power to disperse rally PART VI MISCELLANEOUS 22. Maintenance of register 23. Recording of 24. Media access 25. Place the specified Assembly 26. The power to amend Schedule 27. Regulations FIRST SCHEDULE SECOND SCHEDULE of the THIRD SCHEDULE of the FOURTH SCHEDULE 5 laws of MALAYSIA Act 736 PEACEFUL ASSEMBLY ACT 2012 an Act relating to the right to assemble peacefully and without weapons, and to provide for sanctions as may appear necessary or expedient in relation to that right in the interest of the security of the Federation or any part thereof or to public order, including the protection of the rights and freedoms of others , and to provide for related matters.
[23 April 2012]
Enacted by the Parliament of Malaysia as follows: part I preliminary short title, commencement and disapplication of 1. (1) this Act may be cited as the peaceful assembly Act 2012.
(2) of this Act come into force on such date as the Minister may, by notification in the Gazette.
(3) this Act shall not apply to — (a) an Assembly which is an election campaign under election offences Act, 1954 [Act 5];
and (b) an Assembly which is a strike, lockout or picketing under the Industrial Relations Act 1967 [Act 177] and the trade unions Act 1959 [Act 262].
6 laws of Malaysia ACT 736 Goal 2. The goal of this Act is to ensure that — (a) in so far as appropriate to do so, that all citizens have the right to organize rallies or to participate in assemblies, peacefully and without arms; and (b) that the use of the right to organize rallies or to participate in assemblies, peacefully and without weapons, is subject only to restrictions as may appear necessary or expedient in a democratic society in the interest of the security of the Federation or any part thereof or to public order, including the protection of the rights and freedoms of others.
Interpretation 3. In this Act, unless the context otherwise requires — "the rights and freedoms of others" includes — (a) the right to enjoy peacefully property bendanya;
(b) the right to the freedom of moving;
(c) the right to enjoy the natural environment; and (d) the right to conduct business;
"the road" has the meaning assigned to it in the road transport act 1987 [Act 333];
"child" means a person under the age of fifteen years;
"Minister" means the Minister charged with the responsibility for internal affairs;
Peaceful assembly 7 "person who has an interest" means a person living, working or doing business or own or have residential or commercial property in the vicinity or at the place of Assembly;
"Organizer" means a person who is responsible for organizing a rally, including organize, convene, collect or make up the Assembly, or who is responsible for the conduct of the Assembly;
"Assembly" means an Assembly of a number of people deliberate and while in a public place, whether or not the rally held in a place of particular or moving;
"the Assembly reply" means a gathering organized to present the conflict against the purposes for which an other Assembly organized, and held on time, date and in the same place or approximately equal to the other Assembly;
"simultaneous Assembly" means two or more assemblies held during the time, date and in the same place, but is not related to each other;
"participant" means a person who willfully or willing to attend for the purpose of an Assembly;
"street protests" means an open rally that began with a meeting in a determined and involves a procession or gathering together for the purpose of protesting or promotion of a specific object or objects a particular purpose;
"weapon" means any firearms, explosives, Ammo is, kikis, material damage or harmful material, wood, stone, or any weapon or objects which, by reason of its nature, can be used to generate fear or cause injury to persons, or damage to property;
"public place" means — (a) run;
8 laws of Malaysia ACT 736 (b) places available to or used by the public as a right; or (c) a place that is open to or used by the public, whether or not — (i) the place is normally open to or used by the public;
(ii) with the express or implied consent of the owner or occupier; or (iii) the payment of money;
"forbidden areas" means — (a) prohibited areas and prohibited areas declared under the Act prohibited area and place the prohibition of 1959
[Act 298]; and (b) the places specified in the first schedule;
"place of Assembly" means the place where the rally was held and in connection with the procession, including a place where or which ran through the proposed gathering will stop or 35;
"place of Assembly specified" means a place designated by the Minister under section 25.
PART II the RIGHT to ASSEMBLE PEACEFULLY and without ARMS the right to organize rallies or take part in Assembly 4. (1) the right to organize a rally or join a rally peacefully and without weapons under this Act is not widespread on the following: (a) a non-citizen;
Peaceful assembly 9 (b) Assembly held at any place prohibition and a fifty metres from the forbidden place limits;
(c) a street protest;
(d) in relation to the organisation of an Assembly, a person under the age of twenty-one years; and (e) in relation to participation in an Assembly other than the Assembly specified in the second schedule, a child.
(2) any person guilty of an offence if — (a) as a non-citizen, he organized or participated in a rally;
(b) he is organizing or participating in a rally held in any place prohibition and a fifty metres from the forbidden place limits;
(c) he is organizing or participating in a street protest;
(d) as a person under the age of twenty-one years, he organized a rally;
(e) as a child, she joined a rally in addition to an assembly specified in the second schedule; or (f) he recruit or bring children to an Assembly or to allow a child to attend a rally in addition to an assembly specified in the second schedule.
(3) a person who commits an offence under paragraph (2) (a), (b), (c), (d) or (e) shall, on conviction, to a fine not exceeding ten thousand ringgit.
(4) any person guilty of an offence under paragraph (2) (f) shall, on conviction, to a fine not exceeding twenty thousand dollars 10 laws of Malaysia ACT 736 rights had any interest 5. A person who has an interest shall have the right to be informed about the details of an Assembly in the manner specified in section 12 to enable them to raise concerns or bantahannya of the Assembly.
PART III RESPONSIBILITIES of the ORGANISERS, PARTICIPANTS and POLICE Responsibility organiser 6. (1) an organizer of an Assembly shall ensure that compliance with this Act and any other written law.
(2) for the purposes of subsection (1), the organiser shall be — (a) to ensure that the promotion and conduct of Assembly does not contravene this Act or any direction issued under this Act or any other written law;
(b) ensure that he or she or any other person who was in the Assembly not to do any act or make any statement that may tend to grow nasty feelings or hostility among the public generally or make any that will disturb the peace of the general public;
(c) ensure that he or she or any other person who was in the Assembly did not do any offence under any written law;
(d) ensure that the promotion and conduct of a rally is in accordance with the notification Assembly granted under subsection 9 (1) and any restrictions and conditions that may be imposed under section 15;
Peaceful assembly 11 (e) appoint such number of persons as he thinks necessary to be responsible for handle Assembly in a systematic manner;
(f) work with public authorities;
(g) ensure that the Assembly will not be harmful to health or cause damage to property or the environment;
(h) ensure that the Assembly will not cause any significant hardship to the public generally;
(i) ensure that the cleaning of public assembly or bear the cost of cleaning the place of Assembly; and (j) in the case of simultaneous Assembly or gathering feedback, ensuring that organising the rally, were not intended specifically to prevent the other from Assembly held or interfere with the organisation of the Assembly.
Responsibilities of participants 7. A participant shall be — (a) refrain from — (i) disrupts or prevents any Assembly;
(ii) behave in annoying or using abusive words against any person;
(iii) perform any act or make any statement that may tend to grow nasty feelings or hostility among the public generally or make any that will disturb the peace of the general public;
12 laws of Malaysia ACT 736 (iv) commits any offence under any written law in any Assembly;
and (v) cause damage to property; and (b) comply with instructions given by the police, the organiser or any person appointed by the organizer for responsible for handle Assembly properly.
The responsibility of 8. A police officer may take such steps as it may deem necessary to ensure orderly-operated Assembly in accordance with this Act and any other written law.
PART IV REQUIREMENTS in ORGANIZING the notification ASSEMBLY Assembly 9. (1) an organiser shall, ten days before the date of the Assembly, told the officer in charge of the Police District where the rally is to be held.
(2) subsection (1) shall not apply to — (a) a rally held in a place of Assembly specified; and (b) any other Assembly as specified in the third schedule.
(3) if the Assembly is an Assembly of religious or funeral procession, organizers can inform the officer in charge of the Police District where the Assembly or procession is to be held; and shall, if assistance is needed to maintain peaceful assembly 13 traffic control or the public, asks for such assistance.
(4) notification under subsection (1) shall be given
to the officer in charge of the Police District where the rally is to be held by registered post an acknowledgement or courier or by hand.
(5) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding ten thousand ringgit.
Requirements relating to the notification Assembly 10. Notification made under subsection 9 (1) shall — (a) in form in the fourth schedule;
(b) signed by the organiser;
(c) accompanied by a copy of the agreement of the owner or occupier of the place of Assembly, if applicable;
(d) accompanied by any additional documents as specified by the officer in charge of the district police, if any; and (e) contains details of the following: (i) the name and details of the organiser;
(ii) the mailing address of the organiser;
(iii) the name and address of the speaker in the Assembly, if any;
(iv) the purpose of the gathering;
(v) the date of the rally will be held;
(vi) public rallies will be held;
14 laws of Malaysia ACT 736 (vii) rally intended to begin and end;
(viii) if the Assembly is a procession of — (A) the proposed route for the parade;
(B) any place where the procession will stop; and (C) the time frame proposed for the parade will be in each such place;
(ix) the expected number of participants;
(x) the person appointed by the organizer for responsible for handle Assembly in a systematic manner; and (xi) description of equipment or sound amplifier device proposed for use during Assembly, if any.
The consent of the owner or occupier of the place of Assembly 11. Organiser an Assembly, in addition to a religious gathering or procession or burial of a rally held at the place of Assembly specified, shall obtain the consent of the owner or occupier of the place of the Congregation to use the gathering place for the Assembly.
Requirements to inform the person who has an interest 12. (1) on receipt of a notification under subsection 9 (1), the officer in charge of the Police District shall, within twenty-four hours, cause the details of the Assembly are communicated to the person who has an interest — peaceful assembly 15 (a) by post a conspicuous notice in various locations in the Assembly areas; or (b) by any other means reasonable expedient or necessary so that the information can be known to the person.
(2) the person has an interest may, in writing, notify the anxiety or bantahannya against the Assembly together with the reason to the officer in charge of the Police District within forty-eight hours after being informed of the Assembly under subsection (1).
(3) the officer in charge of the Police District shall take into consideration concerns or objections received for the purpose of imposing sanctions and conditions under section 15.
Meeting with the organiser 13. District Police officer may at any time after receiving notification under subsection 9 (1), if the circumstances warrant, calling the organizers to see for the organizers advise about the Assembly.
The response to the notification assembly 14. (1) the officer in charge of the Police District shall respond to the notification under subsection 9 (1) within five days of receipt of the notification and shall, in response to that, inform the organiser about the restrictions and conditions imposed under section 15, if any.
(2) where the officer in charge of the Police District has not provided a response against the notification in accordance with subsection (1), the Assembly shall continue as proposed in the notification.
Restrictions and conditions 15. (1) the officer in charge of the District Police may impose restrictions and conditions on an Assembly for the purpose of 16 laws of Malaysia ACT 736 safety or public order, including the protection of the rights and freedoms of others.
(2) Restrictions and conditions imposed under this section may in respect of — (a) the date, time and duration of Assembly;
(b) place of Assembly;
(c) the methods of Assembly;
(d) the conduct of the participants during a rally;
(e) payment of the cost of cleaning as a result of the holding of the Assembly;
(f) any environmental factors, cultural or religious sensitivities and historical importance in place of Assembly;
(g) the concerns and protests of people with interest; or (h) any other matter deemed necessary or expedient by the officer in charge of the District Police in connection with the rally.
(3) any person who fails to comply with any restrictions and conditions under this section commits an offence and shall, on conviction, to a fine not exceeding ten thousand ringgit.
Appeal against restrictions and conditions 16. (1) any organizer of aggrieved by the imposition of restrictions and conditions under section 15 may, within forty-eight hours after being advised about restrictions and conditions that, appeal to the Minister.
Peaceful assembly 17 (2) the Minister shall give its decision within forty-eight hours from the receipt of an appeal under subsection (1).
Simultaneous Assembly 17. (1) if the officer in charge of the Police District receive notifications for two or more assemblies to be organized, and the rally is intended to be held on time, date and in the same place, the Assembly may, subject to the restrictions and conditions imposed under section 15, held simultaneously.
(2) If, in the opinion of the officer in charge of the district police, the Assembly referred to in subsection (1) cannot be held simultaneously — (a) the officer in charge of the Police District shall give priority to the Organizer in advance notification to hold a rally at the place of Assembly specified in the notification, unless the Assembly place according to traditional or contract used for the Assembly of another; or (b) in the case of the notification Assembly received at the same time, officer in charge of the Police District shall give priority to the organizers whose name appropriately in a draw held by the officer in charge of the District Police to hold a rally at the place of Assembly specified
in the notification.
Gathering feedback 18. If the officer in charge of the Police District received a notification for gathering feedback and it turns out that organizing a rally that would cause conflict response between participants Assembly, District Police officer shall give an alternative to 18 laws of Malaysia ACT 736 Assembly reply it organized on time, date or anywhere else.
Presumption in respect of organiser 19. If — (a) a rally held at the place of Assembly specified;
(b) an assembly specified in the third schedule;
(c) a notification required under subsection 9 (1) is not given; or (d) a notification required under subsection 9 (1) has been given but the identity of the organizers set out in the notification are false, any person who started, lead, promote, sponsor, provide or supervise the gathering, or invites or recruit participants or speakers for the Assembly, shall be considered as the organiser of the rally.
Part V ENFORCEMENT Power to catch 20. (1) a police officer may, without a warrant, arrest any organisers or participants — (a) that, during Assembly, refuses or fails to comply with any restrictions or conditions under section 15;
(b) which, during a rally, has in his possession any weapon; or peaceful assembly 19 (c) who recruit or bring children to an Assembly other than the Assembly specified in the second schedule.
(2) the Police Officer shall, before exercising the power of arrest under this section, take the measures necessary to ensure compliance on a voluntary basis by organizers or participants.
Power to disperse the gathering of 21. (1) a police officer may issue instructions to disperse in the following circumstances: (a) the Assembly is held in a place of prohibition or a fifty metres from the limit somewhere prohibition;
(b) the Assembly is or has become a street protest;
(c) any person in the Assembly has committed any act or make any statement that may tend to grow nasty feelings or hostility among the public generally or make any that will disturb the peace of the general public;
(d) any person in the Assembly to commit any offence under any written law;
(e) rally has not complied or is not complying with the restrictions and conditions imposed under section 15; or (f) the participants Assembly engage in, or be involved in, an act that is unlawful or objectionable words or violence against persons or property.
20 laws of Malaysia ACT 736 (2) the police officer that, in exercise of the power to disperse a rally under this section, may use all reasonable force.
(3) any person who fails to comply with a directive issued under this section commits an offence and shall, on conviction, to a fine not exceeding twenty thousand dollars.
PART VI MISCELLANEOUS Maintenance express 22. (1) the officer in charge of the Police District shall maintain a register containing a record of the notification received under subsection 9 (1), in accordance with the order of chronology.
(2) the register referred to in subsection (1) shall be in the form prescribed by the Minister.
Recording 23. A police officer may make any form of gathering footage.
24 media access. Any media representatives can have reasonable access to public rallies and use any equipment for making a report on the Assembly.
Place the specified Assembly 25. (1) the Minister may, by notification in the Gazette, designate any place as a place of Assembly specified.
Peaceful assembly 21 (2) For the avoidance of doubt, any person organizing or participating in a rally held at the place of Assembly specified must have the same responsibility as a sponsor and participant under sections 6 and 7.
The power to amend Schedule 26. The Minister may, by order published in the Gazette, amend the schedule.
Regulations 27. The Minister may make regulations for the better exercise of the provisions of this Act.
The FIRST SCHEDULE [section 3] PLACE the PROHIBITION of dams, reservoirs and water catchment water treatment plant electric generating Station petrol station Hospital fire station airport rail public transport Terminal Port, Canal, dock, Pier, Jetty, bridge and marina worship Kindergarten and school 22 laws of Malaysia ACT 736 second schedule [paragraphs 4 (1) (e)] ASSEMBLY that CAN BE ACCOMPANIED by a religious Assembly child Funeral Procession in relation to Custom Assemblies Assembly approved by the Minister of the THIRD SCHEDULE [paragraphs 9 (2) (b)]
ASSEMBLY for which NOTIFICATION is NOT REQUIRED to Rally religious Funeral Procession wedding Open House during the Festival family day family Gatherings held by the employer for the benefit of employees and their families the societies annual meeting or peaceful assembly Association of 23 FOURTH SCHEDULE [section 10] NOTIFICATION FORM UNDER SUBSECTION 9 (1) to:.................................................
(name and address of the officer in charge of the Police District)...................................................................................................................................................
1. Name and no. Kad Pengenalan penganjur*:…...................…..............................
………………………………………………………………...........……………….
2. Alamat penganjur*:…………….....................................…………...…...……….
……………………………………………………………………...........………….
3. organizer's mailing address (if different from address above):..........................................................................................................................................................................................................
4. organising contact details *: No. Tel.: ………………………….………
No. Faks: ……………………………….…
E -mel: ………………………………….…
5. The name and address of the speaker in the Assembly, if any:............................................................................................................................................................................................................
6. Maksud perhimpunan:………………………............................….....……..........
……………………………………………………………………...........…………
7. Date of Assembly: the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ...
24 laws of Malaysia ACT 736 8. Place of Assembly:.............................................................................
9. Rally will begin and end:.........................................................
10. If the Assembly is a procession of — (a) parade route:.................................................................................
(b) any place where the procession will stop:.......................................................................................................
(c) the length of time that the parade will be in every venue:.......................................................................................................
11. Number of participants expected:.......................................................................................................
12. The person appointed by the organizer for responsible for handle Assembly in a systematic manner:.............................................................................................................
………………….…………….............................…………........…………………..
13. Description of equipment or sound amplifier device that will be used during Assembly, if any:............................................................................................................................................................................................................................
14. Maklumat lain, jika perlu: ……….…................…….........................................
………………….…………….............................…………........…………………..
………………….…………….............................…………........…………………..
Peaceful assembly 25 I confirm that all information given in this notification is valid and correct.
Signature:...............................................
Nama: ……………………………………………….....…..
Date:.......................................
Note: * If there is more than one organiser, kindly indicate the name, identity card number and contact details all organisers as an attachment.
26 laws of MALAYSIA Act 736 PEACEFUL ASSEMBLY ACT 2012 LIST AMENDMENT of laws that amend the short title effect from – no – _ _ _ _ _ _ _ _ _ _ _ _ _ 27 laws of MALAYSIA Act 736 PEACEFUL ASSEMBLY ACT 2012 LIST SECTION AMENDED Section Power amend with effect from − − THERE _ _ _ _ _ _ _ _ _ _ _ _ _
