The High Court in Kuala Lumpur has allowed a stay in proceedings against three PKR members who are facing charges under the Peaceful Assembly Act 2012 (PAA) for taking part in the 2015 Kita Lawan rally.

They are Teja assemblyperson Chang Lih Kang, Semambu assemblyperson Lee Chean Chung and PKR vice-president Tian Chua’s former political secretary Rozan Azen Mat Rasip.

This is pending the disposal of another PAA case involving activists Adam Adli Abdul Halim and Mohd Fariz Musa, who were charged separately for attending the Kita Lawan rally.

Previously, Adam Adli’s lawyers had attempted to refer constitutional issues in the case to the Federal Court, but the apex court declined to make a ruling.

Former chief justice Ariffin Zakaria had said the prosecution must first establish whether Adam and other applicants in the constitutional challenge had indeed taken part in a street protest.

"We don't want to answer an academic question," Justice Ariffin said in his Oct 10 ruling.

However, Adam (photo) and Fariz were acquitted on Nov 28 after magistrate Mahyudin Mohamad Som found that the prosecution had failed to prove a prima facie case against the accused.

The Attorney-General's Chambers filed an appeal against Adam's acquittal on Dec 6 this year.

In the case concerning Chang, Lee and Rozan, the same Kuala Lumpur magistrate had, in August, ordered the trio to enter their defence.

Following the order, they applied to refer a constitutional issue in the case to the Federal Court, which is whether Sections 4(1)(c), 4(2)(c), and 4(3) of the PAA are inconsistent with Articles 8, 9 and 10 of the Federal Constitution.

However, instead of referring to the apex court, High Court judge Azman Abdullah decided to wait for the final outcome of Adam's case instead.

Section 4(1)(c) of PAA is on the right to assemble without arms that does not extend to a street protest, while 4(2)(c) makes it an offence for a person to organise or participate in a street protest.

Section 4(3) concerns the punishment of committing an offence under PAA, for which a maximum fine of RM10,000 can be imposed.

Article 8 of the Federal Constitution pertains to equality rights, Article 9 is on freedom of movement and Article 10 concerns freedom of speech, assembly and association.

Chang, Lee and Rozan were represented by lawyer Eric Paulsen. DPPs Jaizah Jaafar Sidek and Nadia Zulkefli acted for the prosecution.