Activist Tan Hong Kai, recently charged with criminal trespass in Universiti Sains Malaysia (USM), has been given a discharge not amounting to acquittal.

Magistrate Noor Aini Yusoof fixed read out the decision in court today.

NONE Tan's lawyer Tham Shien Shyong explained that Tan has been released but could be charged in future for the same offence.

Tham ( left ) said the public prosecutor had received an order from the Attorney-General's Chambers to drop the case.

He added that it was probably because Tan had entered the USM by invitation.

"I had represented this to the AG. USM had also sent a letter saying they have no objection to the case being dropped," he added.

Tan thanked the public and civil society groups who pressured for his release.

Criminal trespass

On April 20, about 2.30am, Tan, 21, was on the USM campus to put up Bersih 3.0 posters, but was stopped by a security guard who later lodged a report.

Tan was then charged with criminal trespass under Section 447 of the Penal Code which carries a maximum six-month jail term or a fine of up to RM3,000, or both.

Penang Suaram secretariat member Ong Jing Cheng attributed the success of the case to ‘people's power'.

"Since Tan's arrest, many have called the police station to pressure for his release," he said.

NONE "USM students put up a petition and ran campaigns to free him. Also civil society groups submitted a memorandum to the university and the AG," he added.

"Even national laureate A Samad Said ( right ) lent his support while a fax campaign (to pressure the authorities) also helped," he stressed.

Ong expressed hope that Tan's struggles would inspire more people to come forward and fight injustice.

Tan is continuing his activist work and will participate in a 'green rally' in Raub, Pahang on Sept 2.

In fact he has postponed his departure to Taiwan from Sept 1 to Sept 4 to do so. He is leaving to further his studies.