Recording cops not a crime, says lawyers’ group after student’s arrest


Universiti Malaya graduate Wong Yan Ke filmed the police raiding Umany president Yap Wen Qing’s house yesterday. – The Malaysian Insight pic by Afif Abd Halim, November 8, 2020.

THE police should explain how a student activist has obstructed them after recording a raid which resulted in his arrest, said a lawyers’ group today.

Lawyers for Liberty coordinator Zaid Malek said police so far have not offered any explanation as to how Wong Yan Ke had impeded their investigation.

“LFL strongly condemns the arrest as well as the absurd insinuation that recording the police is an offence under section 186 of the Penal Code.

“Video recording the police is not a crime and it is on the authorities to justify how it would obstruct them from carrying out their duties.

“Section 186 of the Penal Code must not be used as a blanket provision to simply arrest anyone who records police conduct, as there is no law to suggest that doing so is against the law,” Zaid said in a statement today.

He was referring to Wong’s arrest yesterday for allegedly obstructing the police from carrying out their duties by recording a raid operation at a house in Petaling Jaya.

Selangor CID chief Fadzil Ahmat said the raid was carried out in connection with the investigation into the Sedition Act case involving the Universiti Malaya Association of New Youth (Umany).

Wong, 24, who is Umany’s former president, recorded the event with his mobile phone and broadcasted it via Facebook Live.

“After the warning had been given and was ignored, the police arrested (the individual) and confiscated the mobile phone from him for obstructing a civil servant from carrying out his duties according to Section 186 of the Penal Code,” Fadzil said in a statement.

The raid was carried out at Umany president Yap Wen Qing’s house following investigations under the Sedition Act over a controversial statement on the role of the Yang di-Pertuan Agong.

Universiti Malaya was previously reported to be conducting investigations into an article entitled “Yang di-Pertuan Agong should not intervene in national affairs” posted on Umany’s Facebook page.

Zaid said police were in the process of implementing the use of body cameras to ensure transparency and prevent abuse of duties by enforcement personnel, and as such they cannot now say that video recording of their actions will impede their duties. – November 8, 2020.


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