Notification of assembly
Open ↗(1) An organizer shall, ten days before the date of an assembly, notify the Officer in Charge of the Police District in which the assembly is to be held.
(2) Subsection (1) shall not apply to—
(a) an assembly which is to be held at a designated place of assembly; and
(b) any other assemblies as may be specified in the Third Schedule.
(3) If the assembly is a religious assembly or a funeral procession, the organizer may inform the Officer in Charge of the Police District in which the assembly or procession is to be held; and may, if assistance is needed to maintain traffic or crowd control, request for such assistance.
(4) The notification under subsection (1) shall be given to the Officer in Charge of the Police District in which the assembly is to be held by A.R. registered post or courier or by hand.
(5) A person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.
Requirements regarding notification of assembly
Open ↗The notification made under subsection 9(1) shall—
(a) be in the form in the Fourth Schedule;
(b) be signed by the organizer;
(c) be accompanied by a copy of the consent of the owner or occupier of the place of assembly, if applicable;
(d) be accompanied by any additional document as may be specified by the Officer in Charge of the Police District, if any; and
(e) contain the following particulars:
(i) the name and details of the organizer;
(ii) the correspondence address of the organizer;
(iii) the name and address of the speakers in the assembly, if any;
(iv) the purpose of the assembly;
(v) the date on which the assembly is to be held;
(vi) the place at which the assembly is to be held;
(vii) the times at which it is proposed that the assembly will begin and end;
(viii) if the assembly is a procession—
(A) the proposed route of the procession;
(B) any place at which it is proposed that the procession will stop; and
(C) the length of time it is proposed that the procession will remain at each such place;
(ix) the expected number of participants;
(x) the person appointed by the organizer to be in charge of the orderly conduct of the assembly; and
(xi) a description of the sound amplification equipment or device proposed to be used, if any, during the assembly.
Consent of owner or occupier of place of assembly
Open ↗The organizer of an assembly, other than a religious assembly or a funeral procession or an assembly held at a designated place of assembly, shall obtain the consent of the owner or occupier of the place of assembly for it to be used for the purpose of the assembly.
Requirement to inform persons who have interests
Open ↗(1) Upon receipt of the notification under subsection 9(1), the Officer in Charge of the Police District shall, within twenty-four hours, cause the details of the assembly to be informed to persons who have interests—
(a) by posting a notice conspicuously at various locations at the place of assembly; or
(b) by any reasonable means suitable or necessary so as to make the information available to such persons.
(2) A person who has interests may, in writing, inform his concerns or objections to the assembly together with his reasons to the Officer in Charge of the Police District within forty-eight hours of being informed of the assembly under subsection (1).
(3) The Officer in Charge of the Police District shall take into account the concerns or objections received for the purpose of imposing restrictions and conditions under section 15.
Meeting with organizer
Open ↗The Officer in Charge of the Police District may at any time after receiving the notification under subsection 9(1), if the circumstances warrant it, call the organizer for a meeting to advise the organizer on the assembly.
Response to notification of assembly
Open ↗(1) The Officer in Charge of the Police District shall respond to the notification under subsection 9(1) within five days of the receipt of the notification and shall, in the response, inform the organizer of the restrictions and conditions imposed under section 15, if any.
(2) If the Officer in Charge of the Police District does not respond to the notification in accordance with subsection (1), the assembly shall proceed as proposed in the notification.
Restrictions and conditions
Open ↗(1) The Officer in Charge of the Police District may impose restrictions and conditions on an assembly for the purpose of security or public order, including the protection of the rights and freedoms of other persons.
(2) The restrictions and conditions imposed under this section may relate to—
(a) the date, time and duration of assembly;
(b) the place of assembly;
(c) the manner of the assembly;
(d) the conduct of participants during the assembly;
(e) the payment of clean-up costs arising out of the holding of the assembly;
(f) any inherent environmental factor, cultural or religious sensitivity and historical significance of the place of assembly;
(g) the concerns and objections of persons who have interests; or
(h) any other matters the Officer in Charge of the Police District deems necessary or expedient in relation to the assembly.
(3) Any person who fails to comply with any restrictions and conditions under this section commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.
Appeal on restrictions and conditions
Open ↗(1) Any organizer aggrieved by the imposition of restrictions and conditions under section 15 may, within forty-eight hours of being informed of the restrictions and conditions, appeal to the Minister.
(2) The Minister shall give his decision within forty-eight hours of receipt of the appeal under subsection (1).
Simultaneous assemblies
Open ↗(1) If the Officer in Charge of a Police District receives notifications for two or more assemblies to be organized, and the assemblies are proposed to be held at the same time, date and place, the assemblies may, subject to restrictions and conditions imposed under section 15, be held simultaneously.
(2) If, in the opinion of the Officer in Charge of the Police District, the assemblies referred to in subsection (1) cannot be held simultaneously—
(a) the Officer in Charge of the Police District shall give preference to the organizer who first submitted the notification to hold the assembly in the place of assembly stated in the notification, unless the place of assembly is traditionally or contractually to be used for the other assembly; or
(b) in the case of notifications of assembly received at the same time, the Officer in Charge of the Police District shall give preference to the organizer whose name is extracted in a draw held by the Officer in Charge of the Police District to hold the assembly in the place of assembly stated in the notification.
Counter assembly
Open ↗If the Officer in Charge of a Police District receives a notification of a counter assembly and it is evident that the organization of the counter assembly will cause conflict between the participants of the assemblies, the Officer in Charge of the Police District shall give an alternative for the counter assembly to be organized at another time, date or place.
Presumption as to organizer
Open ↗If—
(a) an assembly is held at a designated place of assembly;
(b) an assembly is specified in the Third Schedule;
(c) a notification required under subsection 9(1) was not given; or
(d) a notification required under subsection 9(1) was given but the identity of the organizer stated in the notification is false,
any person who initiates, leads, promotes, sponsors, holds or supervises the assembly, or invites or recruits participants or speakers for the assembly, shall be deemed to be the organizer of the assembly.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
