Malaysia is not a police state. Charge against Wong Yan Ke should be withdrawn and action taken against police officer who abused power. Urgent need to form an Independent Police Complaints and Misconduct Commission (IPCMC) to protect citizens from police abuse of power.
Malaysia is not a police state. I am shocked that the former President of University Malaya Association of New Youth (UMANY), Mr. Wong Yan Ke is charged under Section 188 of the Penal Code purportedly for defying an order by a police officer to stop recording live on Facebook a raid conducted by the police.
Recording live on Facebook of an event is not an offence under any law in Malaysia. A citizen has a right to private defence against any offence that he fears may be committed by a police officer. The order by a police officer requiring Mr. Wong Yan Ke to cease recording is an abuse of power. The recording will be an essential evidence in the event a crime is committed. The action taken by the police against Mr. Wong Yan Ke culminating in him being charged in court shows the arrogance, the vindictive spirit and the likelihood of abuse of power by some police officers.
The fact that the Police Force Commission, the highest body in the police force allows Mr. Wong Yan Ke to be charged in court shows that we cannot trust the Police Force Commission to self regulate. There is an urgent need to pass a law to establish an Independent Police Complaints and Misconduct Commission (IPCMC) to oversee the disciplinary control over the police force.
Article 140 of the Federal Constitution allows Parliament to pass laws to take over from the Police Force Commission the exercise of disciplinary control of the police force.
The Independent Police Complaints Commission (IPCC) 2020 bill proposed by the Perikatan National (PN) Government to replace the earlier proposal to form an IPCMC is totally unacceptable. IPCC is a toothless tiger as it refers all police disciplinary matters back to the police force. IPCC is a much watered down version of the IPCMC.
I call on the authorities to withdraw the charge against Mr. Wong Yan Ke immediately and disciplinary action be instituted against ASP Lee Robert, the officer who denied Mr Wong Yang Ke his citizen’s right to record the police raid as an act of private defence.