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Bar courting trouble?

The Malay Mail - November 30, 2011

Despite being warned against assembling to protest against the Peaceful Assembly Bill 2011, about 1,000 lawyers defied police orders and marched from the Lake Gardens here to Parliament House.

The members of the Bar Council, led by its president Lim Chee Wee, went ahead and took part in the "Walk for Freedom" to the Dewan Rakyat as a show of protest against the Bill, which was later passed.

Kuala Lumpur police chief Mohamad Salleh had warned that the walk was illegal and that action would be taken against those who took part in it as well as organisers. The Bar had urged Parliament to set up a Select Committee to review the Bill or withdraw it.

"It is ironic that we have to walk for the freedom to walk," said Lim before handing over the council's alternative Bill and a memorandum of objections to Deputy Minister in the Prime Minister's Department Datuk Liew Vui Keong and Opposition Leader Datuk Seri Anwar Ibrahim.

Hundreds of lawyers, activists and the public gathered at the at Lake Gardens for the 2km walk about 11.30am.

Among those present were Bersih chairman Datuk Ambiga Sreenevasan, Segambut MP Lim Lip Eng, Bukit Lanjan assemblyman Elizabeth Wong, Seri Andalas assemblyman Dr Xavier Jayakumar, Kelana Jaya MP Loh Gwo Burne, Saya Anak Bangsa Malaysia coordinator Haris Ibrahim, Parti Sosialis Malaysia secretary-general S. Arutchelvan and Monash University lecturer Dr Wong Chin Huat.

Police trucks and cars were parked along Jalan Parliamen and some even reminded the crowd to walk along the pedestrian pathway instead of the streets to avoid impeding traffic flow.

However, the procession met a line of police officers about 300m away from the Parliament entrance. Lim and nine other lawyers were permitted to enter Parliament to submit the memorandum.

On the other end of the spectrum, about 100 members of the Federal Territory chapter of the Putra Malaysia Council gathered on the opposite side of Jalan Parliamen to berate the Bar protesters.

Amidst shouts of "God is Great", a spokesman, who identified himself as Zainuddin Daud, said they were there " to defend the government of the day".

Police were quick to stop several youths who attempted to burn yellow t-shirts. (Yellow is the colour widely associated with Bersih 2.0.)

Lim said he hoped the 222 MPs would vote with their conscience on the proposed legislation. It was eventually passed. "I hope Parliament would not take away our right to assemble freely," he said.

The Peaceful Assembly Act 2011, tabled in Parliament for first reading last Tuesday, had met with biting criticism from various quarters, especially civil society for its restrictions. Prime Minister Datuk Seri Najib Razak had defended the Bill as "revolutionary" and announced amendments to the Bill will be tabled. However, he had maintained that street protests would be prohibited.

Government paranoid, says Ambiga

BERSIH chairman Datuk Ambiga Sreenevasan claims the Peaceful Assembly Bill 2011 is a "paranoid" Bill.

Asked if the proposed legislation was a retaliation against Bersih 2.0, she said: "I do not know whether it is a direct retaliation. I think it is a paranoid Bill. I think the government seems to fear the idea of the rakyat expressing themselves."

Ambiga said this before the Bar Council organised walk from Lake Gardens to Parliament building yesterday. She said the government needed to review the proposed legislation to make necessary changes that would accord to international norms.

"The Bar Council's alternative Bill is exemplary of this. The idea is to restrict as little as possible when it comes to freedom of assembly, not to restrict as much as possible," she said.

It has been reported one of the main tenets of the Bar Council's alternative Bill is the establishment of a Peaceful Assembly Board, comprising 25 representatives from both sides of the political divide and the National Human Rights Commission, among others, to vet through applications for an assembly and an appeal panel.

It also defines a public assembly as "an assembly or gathering of more than 50 persons, held in a public space, whether or not the assembly is at a particular place or moving, and includes an election campaign". This suggests the alternative Bill allows for street protests.

It also stipulates that although the police can impose conditions on an assembly, they should also negotiate with the organiser of an assembly where possible. The alternative Bill also proposed organisers to give an advance notice of five days to the Officer in Charge of Police District (OCPD).

The Peaceful Assembly Bill 2011 received heavy criticism from various quarters of the public since it was tabled last Tuesday for its overall restrictive stance on public assemblies and accord of wide powers to the police for control over such gatherings.

Prime Minister Datuk Seri Najib Razak had defended the Bill as "revolutionary" but said the government would propose amendments to it, among which is an advance notice period from a maximum of 30 days to 10 days for assemblies in non-designated areas.

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