KUCHING: There is no criminal offence if the Palestine flags are only distributed around to the public. However, legal actions will be taken if such act disrupts traffic flow or causes a provocative act.
Sarawak Police Commissioner Datuk Aidi Ismail explained that if it was just the distribution of flags then, there is no offence specifically from the point of view of criminal law.
“However, the police can take appropriate actions if such act disrupts the smooth flow of traffic or causes provocative acts involving any party, including the use of certain speech or physical contact.
“There are a number of laws relevant to offences related to such issue,” he said today when asked to comment on certain individuals distributing Palestine flags to the public around the city.
Among the offences include carrying a flag on a vehicle where the individual can be charged under Rule 17 LN166/1959 for carrying a flag while driving and have no proper control while driving. Offenders can be fined RM300 for the offence.
An individual can also be charged with interfering the smooth flow of traffic on the road under Section 48 of the Road Transport Act 1987 which carries a fine of RM300.
Aidi pointed out that if there was a public gathering with flags and without complying with the Covid-19 standard operating procedure (SOP), then they are committing an offence under Regulation 17(1) of the Prevention and Control of Infectious Diseases Regulations (Measures in Local Infected Areas) 2021 and can be issued a RM1,500 compound.
“If the individual commits an offence in terms of using words during provocation between parties, where one is dissatisfied with the action by another party, they can be charged for slander (Section 500 of the Penal Code); for deliberately humiliating with intent to provoke a breach of peace (Section 504 PC); for statements that provoke public treason (Section 505 PC); for criminal intimidation (Section 506 PC); or for using words or gestures that disgrace one’s honor (Section 509 PC).
“Meanwhile, for physical offences as a result of provocation between dissatisfied parties, they can be charged for an affray (Section 160 PC); for causing injuries (Section 323 PC); for causing injuries with weapons (Section 324 PC); for causing serious injury with or without weapons (Section 325/326 PC); and for rioting (Section 148 PC),” he said.
Asked on issues related to the production and sale of Palestine flags to the public, Aidi pointed out that anyone wishing to carry on any business for commercial purposes, must have a licence or permit from the local authority.
Therefore, should there be such an offence, appropriate actions can be taken by referring to the local authorities for compound action.
