Two DAP reps file criminal application

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Siew Chiang meets with reporters at the court house.

Siew Chiang meets with reporters at the court house.

KUCHING: Two state Democratic Action Party (DAP) elected representatives have filed a criminal application to seek a declaration on whether Section 4(2)(c) of the Peaceful Assembly Act (PAA) 2012 on street protests is against Article 10(1) (b) and 10(2)(b) of the Federal Constitution.

Lawyer Chong Siew Chiang made the filing on behalf of Bandar Kuching MP and Kota Sentosa assemblyman Chong Chieng Jen and Stampin member of parliament Julian Tan.

Siew Chiang told reporters the criminal application was made in the same court room where Chong and Tan are being tried for allegedly taking part in an illegal rally.

Last December, both men were charged for allegedly being involved in an illegal street demonstration during Bersih 4 and claimed trial in the Sessions Court before Judge Steve Ritikos.

Chong and Tan allegedly took part in an illegal demonstration on Aug 29 last year between 2pm and 3pm from in front of a hotel at Jalan Borneo to the Song Kheng Hai rugby ground.

The offence was allegedly committed with a few others still at large.

Siew Chiang said if Section 4(2)(b) of the PAA is found to be unconstitutional, the charge against Chong and Tan would be null and void.

“The filling is being made to the same trial court so that they can refer to the High Court to make the finding on the constitutionality. So this is what we are asking the court for details, we will explain the reason in our submission when the hearing comes.

“If it is unconstitutional, the charge must be null and void. If the court agrees with us, the charge will be struck out — it is not an offence,” he said.

Chong and Tan are facing a charge under Section 4(2)(c) of the PAA 2012, which is punishable under Section 49(3) of the same Act.

The Section provides for a fine not exceeding RM10,000 upon conviction.