A Wholesome Twosome: The only way to get-together without being caught
Posted by Oscar the Grouch on March 9, 2009
In these dark and troubled times, a twosome is the only way to go. Forget about the threesome, or even the more illicit gang bang; a monogamous liaison is more wholesome, intimate and perfectly legal.
This is so, considering the fact the police have classified the gathering of people, including the 28 Pakatan Rakyat assemblymen under a tree outside the State Secretariat as an illegal assembly.
Two’s a company, three’s a crowd. No more so than in Malaysia. A “gathering” of three persons can constitute an illegal assembly. This is according to the Police Act 1967. Section 27 (5) of the Police Act 1967 provides that any assembly, meeting or procession shall be deemed to be an unlawful assembly where it takes place without a licence or in which three or more persons taking part in it neglects or refuses to obey any order given by the police.
The provisions appear a bit harsh. What’s an “assembly” in the first place? A get-together? A meet-up? When can it be deemed unlawful? Does it mean that at any one time I go out with two other friends, it can be deemed unlawful by the police at their whims and fancies?
The Penal Code states that an assembly of 5 persons or more is designated as an “unlawful assembly” if the common object of the persons composing that assembly are to: –
– Overcome by criminal force, or show criminal force, the Legislative or Executive Government of Malaysia or any State, or any public servant in the exercise of the lawful power of such public servant;
– Resist the execution of any law or of any legal process;
– Commit any mischief or criminal trespass, or other offence;
– Use criminal force, or show of criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right, or
– By means of criminal force, or show of criminal force to compel any person to do what he is not legally bound to do, or to omit to do what he is legally bound to do.
The “emergency sitting” – led by Speaker V. Sivakumar and the 28 Pakatan Rakyat assemblymen – hardly qualifies as an unlawful assembly within the definition of the Penal Code. Note that an unlawful assembly is where the persons show criminal force against the Legislative or any public servant. But in this case here, it is the Perak Legislature and its public servant who are charged, not the other way round.
If one looks at it objectively, it is those who assemble and try to stop the sitting of the Perak State Legislature who is the guilty ones. In fact, doesn’t the Penal Code state that those who “… deprive any person of the enjoyment of a right of way” be guilty of an offence as well (this means those who sealed off the State Secretariat to prevent the assemblymen to exercise the lawful power of a public servant?
The law states that if people try to stop a public servant in exercising a duty, he or she can be charged. But only in Malaysia, a public servant can be charged for exercising a public duty.
In any event, I’m no longer taking any chances. If lawmakers can be charged for illegal assembly, who am I to be an exception to the risk. No more group dates for me; no more mamak session; no more stopping to gawk at an accident; no more standing to look at fireworks during the New Year; no more merrymaking bash at Dataran Merdeka.
In fact, I’m going to stop taking the KTM Komuter or the LRT, unless the carriage has less than 3 persons in it.