There is a possibility that the 68 Burmese dissidents who took part in a protest outside their homeland's embassy in Kuala Lumpur last week may be charged with two offences, according to the police.

Inspector Tarmizi Ismail, the investigating officer from Cheras district police headquarters, told malaysiakini today that they could be charged under the Immigration (Amendment) Act 2002 and the Police Act 1967.

"They may be charged with being in the country without permission and for being part of an illegal assembly," he said when contacted.

However, Tarmizi did not say which of the two sections under the Immigration Act the protesters will be charged. Section 6(3) governs illegal entry into the country while section 15(4) provides for those who overstay their permits.

If convicted for illegal entry, they may be fined not more than RM10,000 or imprisoned not longer than five years (or both) and may be caned not more than six strokes of the rotan. They will be spared the whip if convicted under section 15(4).

Tarmizi also could not provide details as to when the protesters, 65 men and three women, will be taken to the Kuala Lumpur magistrate's court to record their plea.

"It will most likely be this coming Monday (June 27) but I don't know what time exactly," he said, adding that the demonstrators' remand has been extended for another six days from today.

Legally possible

Meanwhile, a lawyer has described the move to charge them for two offences as unusual .

Human rights lawyer Amer Hamzah, who often takes up cases involving refugees and undocumented migrants, said that the charges brought against them must be appropriate and that the government should practise international norms.

"If there are refugees among the 68, then the government should not charge them under immigration law. There should be more consistency in the government's viewing of persons of concern (to the UNHCR)," he said when contacted.

The UNHCR (United Nations High Commissioner for Refugees) revealed recently that 38 out of those arrested were registered with the body.

Amer added that although it is rarely done, it is legally possible for all 68 to be charged with both the offences. However, he has not come across this approach in previous cases in which he has handled.

The protesters were deemed to have been part of an illegal assembly when they chanted slogans, sang songs and vocally make their demands outside the Burmese Embassy for half an hour.

They were commemorating the 60th birthday of their pro-democracy leader Aung San Suu Kyi and protesting against the undemocratic rule of their country by the military junta.