Recording a police raid not an offence, says Bar

Recording a police raid not an offence, says Bar

Malaysian Bar president Salim Bashir urges police to exercise proper discretion when carrying out their duties.

Umany published this picture of a policeman after its previous president, Wong Yan Ke, was detained yesterday after recording a police raid on the home of the movement’s current president. (Umany FB pic)
PETALING JAYA:
The Malaysian Bar says recording a police raid does not constitute an offence.

Its president, Salim Bashir, said student activist Wong Yan Ke did not break the law when he recorded the police raid on a fellow activist’s home as his actions did not invoke any form of violence that would obstruct the duties of public servants.

He expressed concern that police had shown poor discretion in this matter and asked for the officers to exercise their discretion proportionately and reasonably in all situations.

“As long as the police officers are carrying out their duties in accordance with the law, there is no cause for concern for them to prevent the recording.

“It cannot and should not be construed as an aggressive or menacing action that would give rise to an offence under Section 186 of the Penal Code,” he said in a statement.

Bar president Salim Bashir urged police officers to exercise discretion proportionately at all times.

Salim pointed out that law enforcement officers in other countries, such as the US and UK, also used body and dashboard cameras to record public interactions and prevent police misconduct.

He added that in September last year, Inspector-General of Police Abdul Hamid Bador had also said the use of body cameras would ensure transparency in the police force.

“The police are pivotal in improving safety and increasing public confidence. The Malaysian Bar urges the police to exercise their statutory discretion proportionately and reasonably in any and all given situations.”

Wong, a former president of the Universiti Malaya Association of New Youth (Umany), was detained yesterday after recording a police raid on the home of the movement’s current president, Robin Yap Wen Qing. He was released earlier today.

Yap and his vice-president, Tan Li Yuan, are being investigated over alleged sedition and misuse of network facilities regarding a Umany statement on the constitutional role of the Yang di-Pertuan Agong.

The group had published an article entitled “Yang di-Pertuan Agong should not intervene in national affairs” on its Facebook page last week.

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