Of roadblocks and power of the police
A FEW years ago, the Malaysian Bar did a great service to the Malaysian public by publishing a red book, Police & Your Basic Rights, which informed people of their rights when stopped by the police.
At a roadblock, the police are expected to be in uniform. So, note the names and ID numbers on their uniform. If the police ask for your personal details, give only your name, identification number and address. Giving a telephone number is not required.
The police are authorised to stop you and ask where you are going, as we are currently under the movement control order (MCO) and travelling between districts or states is prohibited. So, you will have to obey the police officer’s instructions when he is carrying out his duty.
The following are the powers of the police.
Under regulation 7 of the National Registration Regulations 1990 [PU(A) 472/1990], the police may inspect the identity of any person and that person shall upon demand by the police produce his identity card for inspection. Any person who fails to comply commits a seizable offence, that is, he
may be arrested without warrant (regulation 25).
Under section 24(2) of the Police Act 1967, the police may arrest without warrant any person who fails to produce a driving licence when called upon to do so unless he gives his name and address and satisfies the police officer that he will duly answer any summons or other proceedings that may be taken against him.
Under section 23(1) of the Criminal Procedure Code, the police may also arrest without warrant any person who obstructs a police officer while in the execution of his duty. Obstruction means “some interruption or hindrance to the progress of work being carried out by a public servant in the discharge of his public duties, and such public servant may be directly or indirectly obstructed.”
In simpler words, obstruction means doing an act which makes it more difficult for a public servant to carry out his duties.
That said, the police are clearly empowered to arrest without warrant.
But the police are not above the law; no one is, for that matter. Section 509 of the Penal Code, for example, makes it an offence if one, “intending to insult the modesty of any person, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen by such person, or intrudes upon the privacy of such person.”
The offender shall be punished with imprisonment for a term which may extend to five years or with fine or with both upon conviction.
The Penal Code aside, there should be a specific penal law that makes it an offence if a person, with intent to cause harassment, alarm or distress to another person, uses any threatening, abusive or insulting words or behaviour, or makes any threatening, abusive or insulting communication thereby causing that other person or any other person harassment, alarm or distress. This is part of sexual harassment law, which is long overdue in Malaysia.
That aside, what say the Malaysian Bar disseminate a new edition of the red book?