The Police Act 1967 (Act 344)
Section 27. Power
to regulate assemblies, meetings and processions
(1) Any Officer in Charge of a Police District or any police officer duly authorised in writing by him may direct, in such manner as he may deem fit, the conduct in public places in such Police District of all assemblies, meetings and processions, whether of persons or of vehicles and may prescribe the route by, and the time at, which such assemblies or meetings may be held or such procession may pass. (2) Any person intending to convene or collect any assembly or meeting or to form a procession in any public place aforesaid, shall before convening, collecting or forming such assembly, meeting or procession make to the Officer-in-Charge of the Police District in which such assembly, meeting or procession is to be held an application for a licence in that behalf, and if such police officer is satisfied that the assembly meeting or procession is not likelv to be prejudicial to the interest of the security of Malaysia or any part thereof or to excite a disturbance of the peace, he shall issue a licence in such form as may be prescribed specifying the name of the. licensee and defining the conditions upon which such assembly, meeting or procession is permitted: Provided that such police officer may at any time on any ground for which the issue of a licence under this subsection may be refused, cancel such licence. (2A) An application for a licence under subsection (2) shall be made by an organisation or jointly by three individuals. (2B) Where an application is made jointly by three individuals, the police officer to whom the application is made shall refuse the application if he is satisfied that the assembly, meeting or procession for which a licence is applied is in actual fact intended to be convened, collected or formed by an organisation. (2C) Where an application is made jointly by three individuals, the police officer issuing the licence shall specify in the licence, the names of those persons as licensees. (2D) No licence shall be issued under subsection (2) on the application of an organisation which is not registered or otherwise recognised under any law in force in Malaysia. (3) Any police officer may stop any assembly, meeting or procession in respect of which a licence has not been issued or having been issued was subsequently cancelled under subsection (2) or which contravenes anv of the conditions of any licence issued in respe-ct thereof under that subsection; and any such police officer may order the persons comprising such assembly, meeting or procession to disperse. (4) Any person who disobeys any order given under the provisions of subsection (1) or subsection (3) shall be guilty of an offence. (4A) Where any condition of a licence issued under the provisions of subsection (2) is contravened, the licensees shall be guilty of an offence. (5) Any assembly, meeting or procession- (a) which takes place without a licence issued under subsection (2); or (b) in which three or more persons taking part neglect or refuse to obev any order given under the provisions of subsection (1) or subsection (3) shall be deemed to be an unlawful assembly, and all persons attending, found at or taking part in such assembly, meeting or procession and, in the case of an assembly, meeting or procession for which no licence has been issued, all persons taking part or concerned in convening, collecting or directing such assembly, meeting or procession, shall be guilty of an offence. (5A) In any prosecution for an offence under subsection (5) of attending, being found at or taking part in an assembly, meeting or procession which is an unlawful assembly, it shall not be a defence that the person charged did not know that the assembly, meeting or procession was an unlawful assembly or did not know of the facts or circumstances which made the assembly, meeting or procession an unlawful assembly. (5B) In any prosecution for an offence under subsection (5) of attending or being found at an assembly, meeting or procession which is an unlawful assembly, it shall be a defence that the presence of the person charged came about through innocent circumstances and that he had no intention to be otherwise associated with the assembly, meeting or procession. (5c) For the purposes of subsection (5), where it appears from all the circumstances relating to an assembly, meeting or procession that it was convened, collected or directed by or with the involvement, participation, aid, encouragement, support or connivance of an orgaiiisation, every member of the governing body of the organisation shall be deemed to have taken part or been concerned in convening, collecting or directing the assembly, meeting or procession unless he proves that he did not know nor had any reason to believe or suspect that the assembly, meeting or procession was going to take place or, if he knew or had reason to believe or suspect as aforesaid, he had taken all reasonable steps to prevent the assembly, meeting or procession from taking place or, if it was not reasonably within his power to so prevent, he had publicly objected to or dissociated himself from the convening, collecting or directing of the assembly, meeting or procession. (6) Any police officer may, without warrant, arrest any person reasonably suspected of committing any offence under this section. (7) Any person aggrieved by the refusal of the Officer-in-Charge of a Police District to issue a licence under subsection (2) may within forty-eight hours of such refusal appeal in writing to the Commissioner or Chief Police Officer; and the decisic,,n of the said Commissioner or Chief Police Officer thereon shall be final. (8) Any person who is guilty of an offence under this section shall be liable on conviction to a fine of not less than two thousand ringgit and not more than ten thousand ringgit and imprisonment for a term not exceeding one year. (8A) Sections 173A and 294 of the Criminal Procedure Code shall not apply in respect of an offence under this section.
27A.Power to stop certain activities which take place other than in a public place. (1) Where any activity takes place on or in any land or premises which do not constitute a public place and - (a) the activity is directed to, or is intended to be witnessed or heard or participated in by, persons outside the land or premises, or is capable from all the circumstances of being understood as being so directed or intended; or (b) the activity attracts the presence of twenty persons or more outside the land or premises; or (c) the activity is likely to be prejudicial to the interest of the security of Malaysia or any part thereof or to excite a disturbance of the peace, any police officer may order the persons involved in the activity to stop the activity and may order all persons found on or in or outside the land or premises to disperse. (2) Any person who disobeys any order given under the provisions of subsection (1) shall be guilty of an offence. (3) Where three or more persons neglect or refuse to obey any order given under the provisions of subsection (1), the activity concerned shall be deemed to be an unlawful activity, and all persons taking part or concerned in the activity, or in organising or directing the activity, shall be guilty of an offence. (4) For the purposes of subsection (3), where it appears from all the circumstances relating to an activity that it was organised or directed by or with the involvement, participation, aid, encouragement, support or connivance of an organisation, every member of the governing body of the organisation shall be deemed to have taken part or been concerned in organising or directing the activity unless he proves that he did not know nor had any reason to believe or suspect that the activity was going to take place or, if he knew or had reason to believe or suspect as aforesaid, he had taken all reasonable steps to prevent the activity from taking place or, if it was not reasonably within his power to so prevent, he had publicly objected to or dissociated himself from the organising or directing of the activity. (5) Any police officer may, without warrant, arrest any person reasonably suspected of committing any offence under this section. (6) Any person who is guilty of an offence under this section shall be liable on conviction to a fine of not less than two thousand ringgit and not more than ten thousand ringgit and imprisonment for a term not exceeding one year. (7) Sections 173Aand 294 of the Criminal Procedure Code shall not apply in respect of an offence under this section.
27B. Use of force in dispersing or arresting persons pursuant to section 27 or 27A. If persons are ordered to disperse pursuant to section 27 (3) or 27A (1) and do not disperse, any police officer or any other person acting in aid of a police officer may do all things necessary for dispersing them and for arresting them or any of them pursuant to section 27 (6) or 27A (5), and, if any person makes resistance, may use such force as is reasonably necessary for overcoming resistance.
27c. Consent to prosecute offences under section 27 or 27A. (1) A prosecution for an offence under section 27 or 27A shall not be instituted except with the consent in writing of the Public Prosecutor, but a person who is to be charged with the offence may be arrested, or a warrant for his arrest may be issued and executed, and he may be remanded in custody or released on bail, notwithstanding that the consent of the Public Prosecutor to the institution of prosecution for the offence has not been obtained, but the case shall not be further prosecuted until the consent has been obtained. (2) When a person is brought before a court on a charge under section 27 or 27Abefore the Public Prosecutor has consented to the prosecution, the charge shall be read and explained to him but he shall not be called upon to plead thereto, and the provisions of the Criminal Procedure Code shall be modified accordingly. |