LCS protest: Apex court to determine validity of peaceful assembly law

The apex court will look into the validity of the peaceful assembly law under which Muda secretary-general Amir Hariri Abd Hadi is facing a criminal charge.

The Kuala Lumpur High Court today allowed the accused's bid for the Federal Court to determine the constitutionality of a provision requiring a five-day notice to the police.

Amir’s ongoing criminal case is linked to his alleged failure to give the notice to the authorities before holding a protest over the littoral combat ship (LCS) issue in 2022.

He is challenging the validity of Section 9(5) of the Peaceful Assembly Act 2012.

Judge Azhar Abdul Hamid ruled that judicial determination on the provision would have an impact on Amir’s criminal case.

Azhar said the apex court evaluation would settle the issue of two conflicting legal precedents over the validity of the peaceful assembly provision.

Between 2014 and 2015, the Court of Appeal gave opposing rulings in appeals involving Natural Resources and Environmental Sustainability Minister Nik Nazmi Nik Ahmad and Segamat MP R Yuneswaran.

Azhar noted that the Federal Court can clarify whether Section 9(5) contravened Amir’s fundamental right to assemble peacefully.

Amir faces RM10k fine

On Aug 26, 2022 before the Kuala Lumpur Magistrate's Court, Amir claimed trial to the charge of failing to notify the Dang Wangi police five days before holding the “Where is the littoral combat ship?” protest.

The public gathering was in front of Sogo Complex in Jalan Tuanku Abdul Rahman at 2pm on Aug 14, the same year.

The criminal charge is punishable with a maximum fine of RM10,000.

The 33-year-old is out on RM4,000 bail with one surety.

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