The Legal Implications of Participating in an Illegal Assembly Organised by An Unlawful Society

So how was it folks...

Ada layan?

Good adrenaline rush?

Sekarang lu bikin apa? Cita satu kampung lu pergi rally kena tear gas ke?

Kerek kena tangkap polis etc etc etc.......

Seminggu tak habis la tu nak kerek....

Sekarang jom kita tengok berbaloi ke tidak the rally yesterday...

What do we know so far....

KUALA LUMPUR: The Steering Committee of Bersih 2.0 is challenging the Home Minister's order declaring the movement as an unlawful society.

Committee chairman Datuk Ambiga Sreenevasan and 13 others filed an application for a judicial review at the High Court (Appellate and Special Powers) registry to quash the July 1 order made under Section 5 of the Societies Act declaring that the coalition was an unlawful society.

The Home Minister, Inspector-General of Police and the Government have been named as respondents in the application.

The group said the order had declared Bersih to be an unlawful society because it was allegedly “being used for purposes prejudicial to the interest of the security of Malaysia and public order”. More here

Let us look at Section 5 of the Societies Act

Power of the Minister to declare a society unlawful
5. (1) It shall be lawful for the Minister in his absolute discretion by order to declare unlawful any society or branch or class or description of any societies which in his opinion, is or is being used for purposes prejudicial to or incompatible with the interest of the security of Malaysia or any part thereof, public order or morality.

Not only the Unregistered Society called BERSIH is UNLAWFUL, it has openly defied the King's message not hold a demonstration on the streets and instead held an Illegal Rally in the hearts of KL....

Let us look at another case of Illegal Assembly by An Illegal Society shall we...

KUALA LUMPUR: Twenty-one people, including five women, pleaded not guilty at the Magistrate's Court here Thursday to the charge of jointly participating in an illegal assembly over the controversial ‘Interlok’ issue.

They were K. Lingeswaran, K. Chandramohan, P. Sundaram, A. Harikrishnan, P. Maniam, K.V. Thandavuthabani, P. Kalaichelvan, M. Paramasivam, S. Mahendran, M. Sugumaran, V. Tamil Selvan, S. Thiagarajan, K. Balakrishnan, A. Nathan, S. Thinagarajan and S. Manimaran.
The five women charged were P. Lourdemary, S. Saraspaty, N. Kokilarani, R. Devika and R. Gethaa.

All the accused were aged between 18 and 57 and the charge was read before Magistrate Zulkipli Abdullah.

The accused, who were represented by defence counsel M. Raman, were charged with committing the offence at Little India Jalan Tun Sambanthan, Brickfields, at 2.30pm on Feb 13, under Section 43 of the Societies Act 1996 which carries a maximum jail term of three years, or a fine of RM5,000 or both, upon conviction. More here

What is Section 43? Actually lets look at the whole legal implication of an Unlawful Society

Unlawful societies
41. (1) For the purposes of this Act any of the following societies shall be an unlawful society, that is to say—
(a) a society or a branch thereof which has been declared unlawful by the Minister under section 5;
(b) a society or a branch thereof which is not registered under section 7;
(c) a branch of a registered society, where the branch was established in contravention of subsection 12(1), orcontinues to exist in contravention of the proviso to subsection 12(3);Societies 47
(d) a society or a branch thereof which has had its registration cancelled under section 2A, 13, 14 or 16.
*(2) Where a society is unlawful under subsection (1), or its registration is cancelled under this Act, every branch of the society shall immediately thereupon be unlawful and the approval of the Registrar for its establishment shall be deemed to be revoked, and where a branch of a society is unlawful under subsection (1) or the approval of the Registrar for its establishment is deemed to be revoked as aforesaid under this subsection, every branch subordinate to that branch shall immediately thereupon be unlawful and the approval of the Registrar for its establishment shall be deemed to be revoked.
Penalties on office-bearer, etc., of an unlawful society
42. Any office-bearer and any person managing or assisting in the management of any unlawful society shall be guilty of an offence and shall be liable, on conviction, to imprisonment for a term not exceeding five years or to a fine not exceeding **fifteen thousand ringgit or to both.
Penalties on member of unlawful society
43. Any person who is or acts as a member of an unlawful society or attends a meeting of an unlawful society or who pays money or gives any aid to or for the purposes of an unlawful society shall be guilty of an offence and shall be liable, on conviction, to imprisonment for a term not exceeding three years or to a fine not exceeding five thousand ringgit or to both.

Persons allowing unlawful society on premises

44. Any person who knowingly allows a meeting of an unlawful society, or of members of an unlawful society, to be held in any house, building or place belonging to or occupied by him, or over which he has control, shall be guilty of an offence and shall be liable, on conviction, to imprisonment for a term not exceeding three years or to a fine not exceeding ***ten thousand ringgit or to both.
*NOTE—Subsection 41(2) was inserted by Act A700 and shall be deemed to have come into force
and become an integral part of this Act as from the date of commencement of this Act.
**NOTE—Previously “ten thousand ringgit”–see the Societies (Amendment) Act 1998 [Act A1027].
***NOTE—Previously “five thousand ringgit”–see the Societies (Amendment) Act 1998 [Act A1027].48 Laws of Malaysia ACT 335
Penalty for inciting, etc., a person to become a member of an unlawful society
45. (1) Any person who incites, induces or invites another person to become a member of, or to assist in the management of, an unlawful society shall be guilty of an offence and shall be liable, on conviction, to imprisonment for a term not exceeding four years or to a fine not exceeding *fifteen thousand ringgit or to both.
(2) Any person who uses any violence, threat or intimidation towards any other person in order to induce him to become a member of or to assist in the management of an unlawful society shall be guilty of an offence and shall be liable, on conviction, to imprisonment for a term not exceeding five years or to a fine not exceeding **fifteen thousand ringgit or to both.
Penalty for procuring subscription or aid for an unlawful society
46. Any person who procures or attempts to procure from any other person any subscription or aid for the purposes of an unlawful society shall be guilty of an offence and shall be liable, on conviction, to imprisonment for a term not exceeding three years or to a fine not exceeding ***ten thousand ringgit or to both.
Publishing, etc., propaganda of an unlawful society
47. Any person who prints, publishes, displays, sells or exposes for sale, or transmits through the post or who, without lawful authority or excuse, has in his possession any placard, newspaper, book, circular, pictorial representation or any other document or writing whatsoever or which is issued or appears to be issued by or on behalf of or in the interests of an unlawful society shall be guilty of an offence and shall be liable, on conviction, to imprisonment for a term not exceeding two years or to a fine not exceeding ****five thousand ringgit or to both, and any books, periodicals, pamphlet, poster, proclamation, newspaper, letter or any other document or writing in respect of which such person shall have been convicted shall be forfeited.
Acting on behalf of or representing an unlawful society
48. (1) Any person who in any manner acts on behalf of, or represents, or assists, whether in a professional capacity or otherwise howsoever, any unlawful society, or any person who was an officebearer thereof as if he continues to be an officebearer thereof, or any body which was the governing body of the society or of any branch thereof as if it continues to be such governing body, in relation to any matter, shall be guilty of an offence and shall be liable, on conviction, to imprisonment for a term not exceeding five years or to a fine not exceeding fifteen thousand ringgit or both.
(2) Subsection (1) does not apply to an appeal by an unlawful society under section 18, or to any proceedings in any court in respect of any matter involving such society, or any person who was its office-bearer, or a body which was its governing body or the governing body of any branch thereof. Source here

 Well folks......that IS THE LAW yang sudah tertulis......

Allow me to cornar baring sikit to check out AhBeng Mental Gigit Polis Case...

The Court of Appeal had last month rejected Chua’s appeal against a conviction for biting a policeman based on the deputy public prosecutor (DPP)’s objection that it was filed after the 14-day window.

The decision effectively upholds last year’s High Court decision to uphold his conviction and sentence of a RM2,000 fine in default of two months’ jail, thus throwing his seat status into question.
Under Article 48 of the Federal Constitution and preceding cases, Chua stands disqualified as an MP because he was fined “not less than” RM2,000.

Deputy Speaker of Parliament Datuk Dr Wan Junaidi Tuanku Jaafar has declared it would be “irresponsible” if no lawmaker informs the House of Chua’s conviction and possible disqualification. More here

Now let us look at Article 48 shall we....

48.(1) Subject to the provisions of this Article, a person is disqualified for being a member of either House of Parliament if -

• (a) he is and has been found or declared to be of unsound mind; or
• (b) he is an undischarged bankrupt; or
• (c) he holds an office of profit; or
• (d) having been nominated for election to either House of Parliament or to the Legislative Assembly of a State, or having acted as election agent to a person so nominated, he has failed to lodge any return of election expenses required by law within the time and in the manner so required; or
• (e) he has been convicted of an offence by a court of law in the Federation (or, before Malaysia Day, in the territories comprised in the State of Sabah or Sarawak or in Singapore) and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand ringgit and has not received a free pardon; or
• (f) he has voluntarily acquired citizenship of, or exercised rights of citizenship in, any country outside the Federation or has made a declaration of allegiance to any country outside the Federation.

(2) Federal law may impose, for such periods as may be specified thereby, disqualification for membership of either House of Parliament on persons committing offences in connection with elections; and any person who has been convicted of such an offence or has in proceedings relating to an election been proved guilty of an act constituting such an offence, shall be disqualified accordingly for a period so specified.

(3) The disqualification of a person under paragraph (d) or paragraph (e) of Clause (1) may be removed by the Yang di-pertuan Agong and shall, if not so removed, cease at the end of the period of five years beginning with the date on which the return mentioned in the said paragraph (d) was required to be lodged, or, as the case may be, the date on which the person convicted as mentioned in the said paragraph (e) was released from custody or the date on which the fine mentioned in the said paragraph (e) was imposed on such person and a person shall not be disqualified under paragraph (f) of clause (1) by reason only of anything done by him before he became a citizen.

(4) Notwithstanding anything contained in the foregoing provisions of this Article, where a member of either House of Parliament becomes disqualified from continuing to be a member thereof pursuant to paragraph (e) of Clause (1) or under a federal law made in pursuance of Clause (2) -

• (a) the disqualification shall take effect upon the expiry of fourteen days from the date on which he was -
• (i) convicted and sentenced as specified in the aforesaid paragraph (e); or
• (ii) convicted of an offence or proved guilty of an act under a federal law made in pursuance of Clause (2); or
• (b) if within the period of fourteen days specified in paragraph (a) an appeal or any other court proceedings is brought in respect of such conviction or sentence,or in respect of being so convicted or proved guilty, as the case may be, the disqualification shall take effect upon the expiry of fourteen days from the date on which such appeal or other court proceedings is disposed of by the court; or
• (c) if within the period specified in paragraph (a) or the period after the disposal of the appeal or other court proceedings specified in paragraph (b) there is filed a petition for a pardon, such disqualification shall take effect immediately upon the petition being disposed of.

(5) Clause (4) shall not apply for the purpose nomination, election or appointment of any person to either House of Parliament, for which purpose the disqualification shall take effect immediately upon the occurrence of the event referred to in paragraph (e) of Clause (1) or in Clause (2), as the case may be. Source here

So .......u need a summary of where I'm heading to?

Perhaps some key questions....to the folks who are supposed to UPHOLD THE LAW

IF BERSIH IS AN UNLAWFUL ORGANISATION THAT HAS DEFIED POLICE ORDERS NOT TO HOLD THE RALLY IN STADIUM MERDEKA....


APEKELANCAU SEMUA MP OPPOSITION BUAT ALL THIS WHILE WITH TWEETERING AND PROMOTING AN UNLAWFUL ORGANISATION....SIAP ADA YANG KURANG AJOR MENCEMARKAN PARLIAMENT PAKAI BAJU BERSIH...


NOT ONLY THAT THEY HAVE ALSO DEFIED POLICE ORDERS NOT TO ENTER KUALA LUMPUR


HOW MANY OF THEM WHERE AT THE RALLY TODAY?


IF YOU CAN CHARGE THOSE INDIANS WHO PARTICIPATED IN A SMALL RALLY AT KLCC


WHY SHOULD YOU LET THESE PEOPLE GO?


CHARGE THEM (not the stupid pak turuts lembu dunggu of course....just go after the Ring Leaders who promoted this Organisation and the Illegal Rally) UNDER THE LAW!!!!


MAKE SURE YOU WIN!!!


THEN CALL THE MOST "CLEANEST" AND HIGH TECH (WITH BIOMETRIC VALIDATION) GENERAL ELECTION....YOU SHOULD ALSO CONDUCT A NATIONAL REFERENDUM ON THE AUTOMATIC VOTER REGISTRATION (mmm....this one monkey thinks is a violation of my private rights) KASI SELIT A QUESTION WITH THE KERTAS UNDI.....AND IF THERE IS AN OVERWHELMING MAJORITY OF THE RAKYAT SUPPORTS THE IDEA....PUT IN A MOTION IN PARLIAMENT.....IF NOT GO FLY A TEAPOT..... 


LET THESE FUCKS FIGURE OUT FOR THE NEXT 5 YEARS....


FUCK OFF FROM OUR PUBLIC LIFE!!!

UNLESS OF COURSE THEY GONNA GO BEG FOR MERCY FROM THE AGONG.....


UPDATE:
Check out the AhBeng MP suka gigit polis....

YO BENG......APA LU INGAT LU SPARTANS KE?