SEPTEMBER 16 — There are nine articles on fundamental rights in the Federal Constitution (Articles 5 – 13). It must be remembered though that the rights are not equal in the...
SEPTEMBER 16 — There are nine articles on fundamental rights in the Federal Constitution . It must be remembered though that the rights are not equal in the sense that some of these rights permit no derogation in ordinary times whilst other fundamental rights may be limited on specified grounds.
Consider, for example, Article 10 on freedom of speech, assembly and association. Article 10 says Parliament may by law restrict – Section 4 of the PAA does not extend the right to organise an assembly or participate in an assembly peaceably and without arms to a non-citizen; an assembly held at any prohibited place and within 50 metres from the limit of the prohibited place; a person below the age of 21 years; and a child. Otherwise, an offence is committed.
The Court also held that the imposition of criminal sanction under subsection for breach of requirement to give notice is not ultra vires Article 10. Subsection is entirely constitutional, valid and enforceable. The Court thus departed from the earlier decision inThe Court said that the purpose of the PAA is to facilitate the exercise of the right of assembly granted by Article 10 of the Constitution, and not to restrict it.
In that case, the respondent was the executive secretary of Parti Keadilan Rakyat Johor Bahru and was charged in his capacity as an organiser of an assembly, an offence under Section 9 of the PAA, which is punishable under subsection . The Sessions Court judge held that the prosecution had proved its case against the respondent beyond reasonable doubt and consequently the respondent was found guilty, convicted as charged and sentenced to a fine of RM6,000 and in default thereof, three months imprisonment.
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