The Magistrate’s Court in Kuala Lumpur has allowed another challenge to the constitutionality of the ban on street protests to be heard at the High Court.

The High Court will be determining whether Sections 4(1)(c), 4(2)(c), and 4(3) of the Peaceful Assembly Act 2012 (PAA) – which bans street protests – is inconsistent with the Federal Constitution’s provisions guaranteeing equality, freedom of movement, and freedom of assembly.

The application was made by lawyers acting for Teja assemblyperson Chang Lih Kang, Sarawak DAP chief Lee Chean Chung, and PKR Batu parliamentarian Tian Chua’s aide Rozan Azen Mat Rasip, who are facing charges under Section 4(2)(c) of the PAA.

Hence, magistrate Mahyudin Mohmad Som today ordered a stay on the proceedings against the trio pending the High Court’s determination on the issue.

The case is slated to be rementioned at the Magistrate’s Court on June 23 for the lawyers to update the court on the developments in the High Court.

Speaking to reporters later, the trio’s lawyer Eric Paulsen ( photo ) explained that the PAA imposes an absolute prohibition on street protests, in contrast to a ‘restriction’ where street protests can be done under certain conditions.

“Therefore, we feel that it is not a proportionate restriction and goes against our fundamental liberties,” Paulsen said.

Street protests are defined in the PAA as open air assemblies involving marching from one place to another for the purpose of advancing or objecting a cause.

Previously, another magistrate Mohd Rehan Mohd Aris, allowed an application for the same issues to be referred to the High Court.

The decision on April 15 pertains to the defence of the activists Adam Adli Abd Halim and Mohd Fariz Abd Talib, who are also facing charges under Section 4(2)(c) of the PAA and are being represented by Paulsen.

The offence carries a fine of up to RM10,000 upon conviction.

Chang, Lee and Rozan Azen are accused of taking part in a street protest during the Kita Lawan rally on March 21 last year, allegedly marching from the Sogo Shopping Complex, to the fountains near Jalan Tun Perak.