November 28, 2011
Open Letter from President, Malaysian Bar Council to Members of Parliament
“The Malaysian Bar is resolute that any attempt to regulate a fundamental liberty guaranteed under the Federal Constitution must only be done after due consultation with all stakeholders, including opposition parliamentarians and civil society groups.”–Lim Chee Wee, President, Malaysian Bar Council
Dear Wakil Rakyat,
You may have heard that the Malaysian Bar opposes the Peaceful Assembly Bill 2011 (“PA 2011”) on the grounds that it imposes unreasonable and disproportionate fetters on the freedom of assembly that is guaranteed under the Federal Constitution.
There are provisions in PA 2011 that are far more restrictive than the current law, such as the banning of “street protests” (assemblies in motion or processions) and the unlimited powers vested in the police to dictate the time, date, place and conduct of an assembly.
There are also provisions in PA 2011 that are simply illogical. As an example, although Police do not need to be notified of a religious assembly, such an assembly cannot be held at a place of worship.
Furthermore, a person living within 50 metres of a kindergarten or school cannot hold an open house for a festival, a funeral procession or a wedding reception.
The Prime Minister, in his Malaysia Day speech on September 15, 2011, promised the Rakyat of the following:
I often opine that long gone is the era in which the government knows everything and claims monopoly over wisdom. . . .
The government will also review Section 27 of the Police Act 1967, taking into consideration Article 10 of the Federal Constitution regarding freedom of assembly and so as to be in line with international norms on the same matter. . . . (emphasis added)
Be confident that it is a strength and not a weakness for us to place our trust in the Malaysian people’s intelligence to make decisions that will shape the path of their own future. . . .
It is absolutely clear that the steps I just announced are none other than early initiatives of an organised and graceful political transformation.
It stands as a crucial and much needed complement to the initiatives of economic transformation and public presentation which the government has outlined and implemented for over two years in the effort to pioneer a modern and progressive nation. . . .
In closing, I wish to emphasise that free of any suspicion and doubt, the Malaysia that we all dream of and are in the process of creating is a Malaysia that practices [sic] a functional and inclusive democracy where public peace and prosperity is preserved in accordance with the supremacy of the constitution, rule of law and respect for basic human rights and individual rights.
‘Outrageous to prohibit processions’
PA 2011 is neither consistent with “international norms”, nor “in accordance 
with the supremacy of the Constitution, rule of law and respect for basic human rights and individual rights”. Instead, the Bill will take us further away from being “a modern and progressive nation”.
It is outrageous that assemblies in motion are prohibited. Assemblies in motion provide the demonstrators with a wider audience and greater visibility, in order for others to see and hear the cause or grievance giving rise to the gathering.
Assemblies in motion has been described as “a potent method of expression and is a common phenomenon in democratic societies”[1].
History is replete with peaceful assemblies in motion, which were agents of change and of good.
Processions led to nation’s founding
On February 27, 1946 Onn Jaafar, founding father of UMNO and the grandfather of our present Minister for Home Affairs, led a procession of 15,000 individuals to protest the establishment of the Malayan Union, which disregarded the interests of the Malay Rulers and the Malays.
This was the first of a series of processions that successfully opposed the Malayan Union, and later led to our nation’s independence.
On February 27, 2008, the then-Prime Minister Abdullah Ahmad Badawi led 20,000 people in a one-kilometre procession from the Batu Pahat UMNO office to the stadium to commemorate this rally.
There have been other processions calling for the abolition of the Internal Security Act 1960, rights of minorities and electoral reforms.
For the Malaysian Bar, we organised the Walk for Justice, which was held on September 26, 2007, to call for a royal commission to investigate the VK Lingam video clip and the establishment of the Judicial Appointments Commission, both of which were subsequently set up by the government.
The present prohibition of procession robs the rakyat of a right that currently exists under Section 27 of the Police Act, which regulates “assemblies, meetings and processions”.
Elsewhere, history is full of various peaceful processions led by Mahatma Gandhi, Martin Luther King Jr and Nelson Mandela, to name but a few, which brought an end to oppressive laws, policies and regimes.
It is ironic that the government now wants to prohibit the very processions that led to the founding of our nation, and others that moved the prime minister to promise legislative reforms.
These promised reforms now strike back at the very demonstrations that catalysed them.The Malaysian Bar is steadfast in its stand and determination that PA 2011, in its current form, must not become law.
The Malaysian Bar is resolute that any attempt to regulate a fundamental liberty guaranteed under the Federal Constitution must only be done after due consultation with all stakeholders, including opposition parliamentarians and civil society groups.
No Other Choice
To this end, the Malaysian Bar has proposed an alternative bill to be considered, and calls for PA 2011 to be remitted to a parliamentary select committee for consideration.
At the second reading of PA 2011, we ask that you, as a wakil rakyat, support our call.
It is not an exaggeration to say that tomorrow, you will hold the liberty of the rakyat in your hands. We ask that you treat it with the deference it deserves.
Now, more than ever, you must remember that you were elected as a representative of the people, to carry out responsibilities as a ‘wakil rakyat’.
Please do not put blind obedience to party and partisanship before your duties as a servant of the people. The rakyat should not be made to suffer the consequences of party politics. PA 2011 is an unjust law, being made in undue haste, which has received the condemnation of the Rakyat.
There can be no other choice.
Do not pass PA 2011. Support our alternative bill and our call for a Parliamentary Select Committee.
Yours faithfully,
Lim Chee Wee
President
Malaysian Bar
[1] Hong Kong Court of Final Appeal in Leung Kwok Hung & Ors v Hong Kong Special Administrative Region (FACC Nos. 1 & 2 of 2005, at para. 3).
Din Merican: the Malaysian DJ Blogger 
“You may have heard that the Malaysian Bar opposes the Peaceful Assembly Bill 2011 (“PA 2011”) on the grounds that it imposes unreasonable and disproportionate fetters on the freedom of assembly that is guaranteed under the Federal Constitution.”
Who is to say fetters are “unreasonable and disproportionate” if not the highest court in the country?? The issue has yet to go to court.
___________
Mongkut Bean,
It is the court of public opinion that matters. UMNO-BN cannot afford to risk their chances of retaining the right to govern by ignoring the voting public and the young freedom loving people. So Lim Chee Wee is right to write this open letter to MPs who represent the people. These MPs must also listen and act accordingly if they want to back in the 13th Parliament. Frankly, I have more faith in Malaysians than in our courts.–Din Merican
PA 2011?
Was written by the 2011th personal assistant to the Minister in Charge, They have many, none overly bright. Perhaps, it was done by a dispatch clerk in PULAPOL. Vetted by his driver and bodyguard. If so, both the Minister and PM needs to be downgraded to that level of competence. We can even give them super-scale at that pay grade.
It is the most ridiculous piece of nonsense that this Police state glibly try to pass through Parliament. It shows the draftee does not have the basest idea of what Democracy is, or what Peaceful Assembly means.
Come on lah…what’s wrong with assembly in a stadium as big like the shah alam stadium rather than causing traffic jam or public chaos if held at jalan TAR for example. As a civic minded citizen I will not protest on a busy street making loses to business people or seeing children running for cover. I think we are matured enough to differentiate the real purpose of having such street procession. For what?…just to show you can challenge the authority or just unnecessarily provoking?
Freddy is sounding very familiar. Like that “jeff the guy” etc2.
freddy ah, read the article properly.
Assembly means many things, but it doesn’t mean to watch football, or any other game or entertainment.
As far as i know, peaceful street demonstrations always give better business to small time vendors. Who cares about your shopping sprees or the extra petrol because of the extra distance through our heavily tolled alternative ‘high-ways and bye-ways’? Does your car have a radio? Then use it to avoid being caught! You, a teacher or headmaster by profession? Or just a goon.
“The Malaysian Bar is resolute that any attempt to regulate a fundamental liberty guaranteed under the Federal Constitution must only be done after due consultation with all stakeholders, including opposition parliamentarians and civil society groups.”–Lim Chee Wee, President, Malaysian Bar Council.
An amendment to the country’s Federal Constitution 1957 requires a two-thirds majority of Parliament for the bill to pass. UMNO-BN no longer has that kind of control. Is this such an amendment??
The Bill would need only a simple majority to pass. And so the call to all MPs ruling as well as opposition has not lost its significance.
Voting has always been along partisan lines; and so the Bill is expected to pass.
Freddy is zack an UMNO footsoldier.
Even in a country like the United States where Congress is not allowed to pass laws against freedom of speech, laws can be passed to regulate time and place. For example, so much distance has to be maintained if protests are to be held around places like schools, places of worship, public libraries and courts and embassies.
Also public rallies need police permits to ensure public safety etc. BUT it must not be an attempt to regulate content of speech which in Malaysia tends to be the case.
Malaysia can kiss goodbye to freedom to assembly. This law WILL be passed at the Parliament.
Every single Barisan Nasional MP and their allies will vote in favour of the bill. Their loyalty is to Barisan Nasional. The rakyat are but servants to them
Suck it up Malaysians!!! You voted for BN in GE12, so you get what you voted for!
Hahaha!!!
___________
Raul, we are in the 21st century. Malaysians today are less inclined to be led by their noses. The turning point was March 8, 2008. –Din Merican
It is the court of public opinion that matters. UMNO-BN cannot afford to risk their chances of retaining the right to govern by ignoring the voting public and the young freedom loving people. So Lim Chee Wee is right to write this open letter to MPs who represent the people. These MPs must also listen and act accordingly if they want to back in the 13th Parliament. Frankly, I have more faith in Malaysians than in our courts. -– Din Merican
You’re losing touch with reality here Dato. They cannot afford to ignore? They have been doing just that – and getting away with it. With the police, the military and the courts being appendages of their machinery not to forget the entire civil service, Mahathir knows what he’s talking about when he says there will not be any Arab Spring in Malaysia. Not so with Najib. Najib doesn’t know if he’s going or coming.
There is no constitutional guarantee of anything like freedom of speech. assembly, and association in our case. Those trained in Malaysian constitutional law know this but the Bar Council acting as a pressure group is ignoring it and drumming up popular support for change. Change can only come with an amendment to Article 10 for which neither party has the kind of control in Parliament needed for it.
The Bill is certain to pass and will become law. And once it becomes law we will have to adhere to it. Change can only come through extra-constitutional means – through the ballot box. The Bar Council cannot provide the catalyst for this kind of change. If it wants to be a political party then it should register itself as such.
But surprise, surprise. Election will be rigged like it never has in the country’s history.
The only hope lies in a so-called Malaysian Spring. But the only spring I see is the spring in Najib’s bed. He will soon be jumpring up and down enjoying the bounce that the new spring gives him.
Raul, we are in the 21st century. Malaysians today are less inclined to be led by their noses. The turning point was March 8, 2008. –Din Merican
I agree. Today Malaysians are more inclined to be pulled along by their cojones.
Me an UMNO footsoldier?..a teacher or headmaster? none of those actually…CLF called me a goon because my views were differece. It doesn’i matter to me anyhow. I thought we believe in freedom of speech everywhere, I hope here are no exception. Correct me if I’m wrong DinMerican.!
Has the bloghost deleted any of your postings, Zack?
It’s not your views Freddy that people are calling you that. The way you write them looks very familiar to other UMNO footsoldies (maybe they are one and the same person?) who had been here before.
Arab spring? you must be joking. First and foremost our geopolitical composition totally are difference from the Arabs who ruled by proxy dictators, without any elections held the past 20 years or so, also the populations are all Arabs..with one race denomination changes are more resolute and much easier for changes…unlike Malaysia with a multi-racial background.
Strictly for edification purposes:
“Goon” – as in confined to a German guard in POW camps (1939-45) or a Personal Enforcer or Bodyguard with tendency to be a ruffian.
Dull or stupid person, i don’t know. Look it up in a good dictionary. I’m not into slang for the habit of slang.
Yes i agree that there is no possibility of ‘Arab Spring’ over here. More likely like a ‘Winter of Discontent’. Shakespeare? Never heard of him.
Arab Spring or Ayam Spring who cares. Once the spring is unleashed the result can be catastrophic. The time is ripe.
Cant you all tell why all the UMNO supporters sound the same? Because they are fed BS and they just repeat it in the hope of great reward. its called propaganda. So they come out with the same BS no matter their names. They were humans with thinking faculties at birth but gave it up for UMNO and have become clones.
Hi Kathy!
Since you are talking about BS from UMNO, let me present you with one news that might either entertain you or anger you. I’m not even sure these people are humans anymore.
http://www.themalaysianinsider.com/malaysia/article/malays-will-lose-everything-in-hung-parliament-says-umno-leader/
hi Didi, thks. I am neither angry nor entertained. We know they feel threatened by the non malays. This is the fear for the majority malays and thus the real belief that the non malays are going to mistreat them. These are the scars of May 13th.
I am not angry with the malays Didi. I am concerned about them.
This is the cause as to why UMNO will not let go of power and are doing wrong things to “save” themselves.
Of course we dont have any precedence or any experience as to what it will be like when Umno is not in power. Of the new Order.Of course that is very uncertain.
For as long as educated Malaysians understand that the country belongs to everyone adn there is equality of opportunity and we laythe foundations for an equitable society , we will face challenges normal in the course of maturing. It wont be easy this change and transition , perhaps alot of people will be suspicious of each others motives, thats a reality but the key to change management is communication. It is vital. I have seen first hand what lack of communication in change management does . it is not good.
We will do differently from the past.
What we need ot decide as Abnizar7 has rightly pointed out in another thread is whether we want to be Malaysians or not. Forget policies or laying any other foundations.
The first issue to be dealt with before there is a change of Govenrment is whether we are Malaysians and everything equitable comes from that status or are we still divided adn nothing will work.
IF, and thats a BIG IF, we decide we ARE Malaysians, we may succeed. if we are still divided then there will be no solution to this . We will always fail no matter who comes into power.
Whether we wnat to be Malaysian or not the late Tunku Abd Rahman if alive can tell us why LKY thru’ PAP big idea of ‘Malaysian Malaysia’ was rejected by the people then back in 1965..and led to Singapore expulsion from Malaysia..and continued by LKY secretary LKS and now his son LGE thru’ DAP..i do not intend to lecture in history of this country here..,or why Persekutuan Tanah Melayu changed to Malaysia, suffice to mentioned that all this hoo-haa only occured after Anwar broke-away from UMNO thus splitting the majority masses into divisive political group..And when you’re deemed weak, naturally many climbed to the bandwagon taking whatever advantages can be grasp soonest before goes a begging…Zero sum game theory again?
freddy. whilst i hear you i think thats enough now about the past. we need to lay a map of the future aware of the past but not controlled by the pasts fear or otherwise. The foundations were laid then , it has come to today. It is now for us to decide what we want to do with our future. What we lay down for us and the next generation to come just as they did in the past. Enough bitterness and suspicions already. I dont wish to carry that baggage anymore. Time to let go and lay down a today for us and a tomorrow for our future generation.
In his days The Late President of Yugoslavia used to brag to his European counteprats that there was religious freedon in his nation. But back home unbeknown to many outside all seats and chairs were removed form churches.
I cannot hold an open house this CNY because three doors away at the corner lot (within 50m) is a kindergarten for the kids in my area and further down a Tadika run by an Ustazah. So, what has Najib and his cousin Hishamuddin done to my life and how am I gonna entertain my neighbors of all races?
……….all this hoo haa only occured after Anwar broke away from umno thus splitting the majority masses……..freddy and the dreamers.
trying to spin or to put the blame on Anwar? yes thats what umno says!
Wasnt it that ‘Kutty the Kerala man’ that caused the split ? yes the Malays was being stupid and cheated by the mamak ‘Kutty the Kerala man’
Appologies, if i am inclined to say things in Anger :
WHY ARE WE ALL – YES WITHOUT EXCEPTION ALL – BEING SO THICK HEADED ABOUT BEING ” MALAYSIANS ” ?
IF WE DON’T INTERGRATE, WE WILL DISINTERGRATE ! Yes….” Malaysia ” might DisIntergrate !. As Tok Chik points out that Time is Ripe…indeed CRITICAL, nay Dangerously critical….
We cannot afford or tarry any longer on Double-Speak : ” Yes we want ‘Malaysia’, BUT We do not want to be – We want to keep ” seperate”
( Because of Sinister Different-Different Agendas on All Sides ) – Mind you, we are not talking about Assimilation.
Btw, i tend to agree that some Religious Bigots are presenting difficulties too, IF as Malaysians we cannot Interact and have Dialogue with each other, HOW do we begin to Understand each other, We have to Interact – Please Remove This Wall…but racial & chauvenism must go…
Educated people like in the Bar Council and their counterparts is very SELFISH – why? i am an ordinary man, i don’t like chaos – what on earth to justify saying that ‘demo on street is part of democracy’? are they actually EDUCATED or bunch of idiot / confused people?
Actually they are both…educated but a bunch of idiot and confused people who like to confuse others also.