The Malaysian Bar has clarified that the requirement of a permit for rallies is no longer required under the Peaceful Assembly Act 2012 (PAA).

Bar Council president Christopher Leong was commenting on reports quoting police officers saying that the recent “Black” rallies by Pakatan Rakyat were illegal on the basis that no permits were applied for.

“The Peaceful Assembly Act does not require the public to make any application to the police for a permit to hold a gathering or an assembly. The whole purpose of the Act was to ensure the right of freedom of assembly and to do away with the requirement for such permits to be obtained,” Leong told Astro AWANI.

Leong explained that the PAA only requires that the police is to be notified of an assembly so that the police may make appropriate arrangements to facilitate it and ensure safety for the participants.

This, he said, is the reason and purpose for the notification provision in the Act.

“Therefore, lack of a notice or a delay in giving notice to the police of an assembly does not make the assembly illegal.

Leong said despite a lack of a notice, the police should still provide manpower and logistics to ensure safety and a smooth event.

“If the police have good reasons to prevent the assembly, then they should obtain a court order,” he said, adding that a lack of notification is not a good reason for court order.

However, Leong said that the police must satisfy the court that there are good reasons to deny the public or the organisers their right to freedom of assembly. “For example, that there is evidence of security issues or risks which the police are not able to address.”

“It must be borne in mind that the thrust or objective of the Act is to allow assemblies, and the police must act to facilitate it."

The requirement for permits in public gatherings under Section 27 of the Police Act 1967, was done away with after the introduction of the PAA last year.

On police investigating Pakatan leaders for sedition, Leong said that other laws could be used instead.

“It was clear that the government has announced that the sedition laws are outmoded and it is to be repealed. It is completely incongruous to that for the sedition act to be resorted to. There are other provisions on incitement.”

Asked about the argument that the rights of some to assemble should not outweigh the rights of others to peace, Leong said:”Democracy does come at a price. Inconvenience in terms of traffic jams does not defeat the constitutional right of expression and assembly.”

On May 8, Inspector-General of Police Tan Sri Ismail Omar was quoted as saying that the Kelana Jaya gathering was illegal as the organisers did not apply for a permit from the police.

“The organiser must comply with the Peaceful Assembly Act 2012. Marching without permit aimed at arousing anger is wrong according to the law.”

However, Bukit Aman later clarified that Ismail was wrongly quoted by Bernama.

Recent reports quoting the Perak police chief Datuk Mohd Shukri Dahlan and Penang police chief Datuk Abdul Rahim Hanafi also mention permits.