29 August 2016
The Court of Appeal today allowed the appeal by Bersih 2.0 and declared that the ban on the yellow T-shirt and pamphlet with the words Bersih on it was unreasonable.
Justice Mohd Zawawi Mohd Salleh, who led the panel, allowed the appeal in terms of law.
He said no order is made as to costs.
The other judges were Justice Abdul Rahman Sebli and Justice Asmabi Mohamad.
On Feb 19, the Shah Alam High Court has upheld the government’s decision to ban Bersih 4 T-shirts and related printed materials.
Bersih had applied to challenge the government ban announced in the run-up to the massive Bersih 4 mega rally last Aug 29 and 30.
Justice Mohd Zawawi said that a written judgment would be prepared on such an important issue later by Justice Abdul Rahman.
Bersih 2.0, through its chairperson Maria Chin Abdullah, and two other steering committee members Masjaliza Hamzah and Fadiah Nadwa Fikri, named the home minister and the government as respondents in the judicial review application following the ban of the words on T-shirts and pamphlet on Aug 27.
19 February 2016
Bersih 4 T-shirt owners now at risk, lawyer says after court upholds ban
SHAH ALAM, Feb 19 ― Those who wear the yellow Bersih 4 T-shirts can be found criminally liable after the High Court here upheld a ban on the electoral reform group’s paraphernalia, a lawyer said today.
New Sin Yew, who represented polls reform group Bersih 2.0, said today’s Shah Alam High Court decision to uphold the Home Ministry’s ban on the T-shirts promoting the Bersih 4 mass rally last August will affect thousands in possession of the yellow garment.
“So children wearing it on the streets, whoever’s wearing it to sleep, I’m sorry you may want to reconsider what you’re doing.
“And if you are in possession of any Bersih 4 T-shirt you better watch, you better be careful,” he said.
New added that the decision also affects Malaysians living abroad who may be in possession of the T-shirt, on top of the many more who may have other Bersih 4 paraphernalia like pamphlets.
“It’s not only Malaysians in Malaysia; it’s Malaysians overseas as well because the Bersih 4 shirt is circulated worldwide. It’s not something that [is] only 200 or 300 pieces; there are tens of thousands of them and that’s only a T-shirt, we haven’t even talked about the pamphlet yet,” he told reporters at the Shah Alam High Court today.
– See more at: http://www.themalaymailonline.com/malaysia/article/bersih-4-t-shirt-owners-now-at-risk-lawyer-says-after-court-upholds-ban?utm_source=twitterfeed&utm_medium=twitter#sthash.I2juapMt.dpuf
Court quashes Bersih’s T-shirt ban challenge https://www.malaysiakini.com/news/330956
The Shah Alam High Court has upheld the government’s decision to ban Bersih 4 T-shirts and related printed materials.
In the decision today, the presiding judge said the order was within the confines of the minister’s powers.
“After having considered the submission, I find that order was within the confine of the minister’s power.
“The minister, in his affidavit reply, has justified his power in exercising in making the order (sic),” said judge Mohd Yazid Mustafa in the transcript of the decision.
He said the minister had the power under Section 7 of the Printing Presses and Publications Act 1984 to exercise his discretion to make the order to ban the materials if he felt it was prejudicial or likely to prejudice public order.
“Therefore, the subjective test applies (sic), by the minister in such situation is appropriate,” read the judgment.
“The fact that the assembly was illegal, as alleged in para 11 in the affidavit Jawapan Responden (respondent’s reply) affirmed by the minister, was not challenged and disputed by the applicant,” he continued.
Therefore, said the judge, the minister’s decision “does not suffer from any illegality, irrationality or procedural impropriety”.
Mohd Yazid added the minister has a “heavy responsibility” to maintain and preserve peace in a multiracial Malaysia, “notwithstanding the federal constitution confers rights of assembly, freedom of expression; however, the national interest need to be jealously guarded (sic)”.
Bersih will appeal
Bersih chairperson Maria Chin Abdullah said Bersih will file an appeal.
“Definitely won’t end here because we are not going to accept this decision and we will definitely put in an appeal.
Shah Alam High Court judge Datuk Mohd Yazid Mustafa has fixed February 19 for decision.
2 February 2016
Lawyer: No evidence Bersih T-shirt leads to public disorder
There is no evidence that the Bersih T-shirt can lead to prejudice to public order or national security.
Lawyer Edmund Bon, representing election reform movement Bersih in its judicial review to challenge the ban on yellow Bersih T-shirts, said this in his submission today.
“No reasonable person can say that,” Paulsen said of the ban by the Home Ministry that was issued on Aug 27 last year, two days before the mammoth Bersih rally.
Citing Home Minister Ahmad Zahid Hamidi’s affidavit, which states that the Bersih rally did not obtain permission for it to be held, Paulsen pointed out how these were two separate matters.
“The rally complied with the Peaceful Assembly Act (PAA). All you need to do is to inform the police. There’s no need for permission,” he said at the High Court in Shah Alam today.
Paulsen also pointed out how the order to ban the T-shirt was made on Aug 27 but that the minister in his case referred to matters during the rally, which took place two days later.
“So, is it reasonable to say that the T-shirt can lead to public disorder? There must be more evidence than that,” he said.
Bersih had filed the judicial review, he said, because many had been arrested for wearing and possessing the Bersih T-shirts.
Selangor Menteri Besar Azmin Ali and PKR parliamentarian Tian Chua are among those under investigation for wearing the T-shirts during the rally.
The ban was not limited only to T-shirts but also any other material bearing the words ‘Bersih 4’ on them.
Home Minister has ‘absolute discretion’ in banning Bersih’s yellow tees, court told
SHAH ALAM, Feb 2 ― The Home Minister enjoys full discretion to make orders to ban printed items that it deems prejudicial to public order and national security, such as the yellow Bersih 4 T-shirts, the High Court was told today.
Senior federal counsel Suzana Atan highlighted Section 7(1) of the Printing Presses Publications Act, which she said gave the minister “absolute discretion” to make such orders.
“Discretionary power conferred by law to minister may be exercised by the minister,” the government lawyer said when arguing that the home minister had acted within his ministerial function and statutory powers in issuing the ban last year.
Suzana said Home Minister Datuk Seri Dr Ahmad Zahid Hamidi was of the view that the yellow shirts bearing the Bersih 4 rally logo and pamphlets on the event were “likely to be prejudicial to public order” when he ordered these items to be banned.
“We submit it does not necessarily refer to actual disturbance of public order but anything which according to the minister, subject to his satisfaction, has potential to be prejudicial to public order,” she said.
Shah Alam High Court judge Datuk Mohd Yazid Mustafa has fixed February 19 for decision.
2 November 2015
Court orders home minister to respond to challenge against Bersih 4 t-shirt ban
Court orders home minister to respond to challenge against Bersih 4 t-shirt ban http://bit.ly/1MbydWp
Datuk Seri Ahmad Zahid Hamidi has been ordered to file an affidavit in response to a challenge against the home minister’s ban on yellow Bersih 4 t-shirts and other printed materials, which was gazetted two days before the 34-hour rally in late August.
Lawyer New Sin Yew said High Court senior assistant registrar P. Sarulatha instructed that the affidavit must be filed by November 23.
“If the need arises, we have been given one week to file an affidavit in reply to the home minister,” he told The Malaysian Insider after a case management before Sarulatha in Shah Alam today.
New, who is representing electoral reform group Bersih 2.0 steering committee, said the court has fixed January 7 to hear the merit of the judicial review before judicial commissioner Azimah Omar.
22 October 2015
Malay Mail Online
Bersih 2.0 gets leave to challenge T-shirt ban
SHAH ALAM, Oct 22 ― Electoral reform group Bersih 2.0 was granted leave today to challenge the ban on the yellow Bersih 4 t-shirts that was declared by the Home Ministry just two days before its 34-hour rally in August.
Shah Alam High Court Judge Datuk Azimah Omar granted Bersih 2.0 chief Maria Chin Abdullah leave in a brief hearing after the Attorney-General’s Chambers did not object to it.
“We’ll try to push for an early hearing date as this affects many, many Malaysians,” lawyer representing Bersih 2.0 New Sin Yew said later.
“We are of course saying that it’s irrational, it’s illegal, it’s mala fide,” he added, referring to a Latin legal term that means “in bad faith.”
In the respondent’s application for judicial review sighted by Malay Mail Online, Maria, along with two other respondents namely Bersih 2.0 treasurer Masjaliza Hamzah and national representative Fadiah Nadwa Fikri, cited the “unreasonableness” of the ban as the Bersih 4 paraphernalia did not affect public order, in line with the fact that police did not take action against its participants.
The application also stated that the first respondent, namely the Home Ministry, declared the ban merely to “create an offence so that the police had a reason to arrest Bersih 4 rally participants even though the Bersih 4 rally, the entire time, was carried out lawfully.”
Bersih files court challenge on T-shirt ban
Bersih files court challenge on T-shirt ban https://www.malaysiakini.com/news/312766
Electoral watchdog Bersih today filed an judicial review application to challenge the ban on yellow Bersih 4 T-shirts, gazetted days before mammoth rally on Aug 29 and 30.
The Home Minister had on Aug 27 banned T-shirts and “any other printed material and pamphlet which leads to Bersih 4 rally”.
Bersih said the ban has “branded as criminals” thousands of Malaysians, who have the right to own Bersih 4 T shirts and pamphlets.
“The Home Minister’s order was unreasonable, illegal and made in bad faith,” it said.
Hundreds of thousands of Malaysians are now branded as criminals as a result of the Home Minister’s order.
Selangor Menteri Besar Azmin Ali and PKR’s Batu MP are under investigation for wearing the T-shirts.
The NGO also issued a letter of demand to the Malaysian Communications and Multimedia Commission (MCMC) to lift the ban on the website www.bersih.org within seven days or face court action.
Access to the website through Malaysian internet service providers has been barred since Aug 27.
“The MCMC’s ban on their website is irrational, unjustifiable, made in bad faith and in any event illegal,” it said.
“Such an act by MCMC is a violation of every citizen’s freedom of information.”
Malay Mail Online
Please don’t wear Bersih 4 shirts on campus, USM tells undergrads
KUALA LUMPUR, Sept 1 ― Universiti Sains Malaysia’s (USM) students should not wear the yellow shirts for last weekend’s Bersih 4 rally on campus, its deputy vice-chancellor Prof Datuk Dr Adnan Hussein has said.
Adnan gave the reminder against wearing the shirts that the government has deemed illegal in a gazetted order last week, The Star Online reported.
“The university must obey the federal gazette banning the shirts. Please don’t wear them on campus,” he was quoted saying yesterday during a press conference on the university’s student intake for the 2015/2016 academic year.
Adnan said the two USM students who had joined in the same #OccupyParliament rally may face disciplinary action.
“If the legal affairs department decides to charge them, we will start disciplinary proceedings,” the chairman of USM’s disciplinary committee said.
“We have never expelled any student for joining illegally assemblies in the past but we have suspended them before,” he also said, noting that the range of available disciplinary actions include a warning, a maximum fine of RM200 for each offence and an entry ban into certain areas of the campus.
He affirmed USM’s respect of the undergraduates’ right to hold protests under the PAA, but said the university has to take action if the gatherings are deemed illegal.
He also reminded students that corporate and public sponsors have the right to retract scholarships if the university takes disciplinary action against them, even if the action is a mere warning.
4. The previous statement was issued by Maria Chin Abdullah, Chairperson of Bersih 2.0 Steering Committee
3. For those who are anxious or first timers, wear whatever in yellow and wave Malaysia flags for MERDEKA.
2. If you want to be cheeky, try adding a point zero after the number 4 on your tshirt.
1. For those who have already made up their minds, carry on wearing your
#Bersih4 tshirts tomorrow.
How about we wear Bersih 3 and add the “+ 1” with our own marker pens? Or Bersih 2 + 2?
Order says “any yellow colored clothing and which contains words Bersih 4”. So it must hv both. Just yellow or just w/ words not the order.
The more you tell people not to do something, the more the people will want to do it.
Govt: Illegal to wear
#Bersih4 T-shirts http://mediarakyat.net/2015/08/28/government-illegal-to-wear-bersih-4-t-shirts/ …
Malay Mail Online
Now banned by Home Ministry: Bersih 4 attire, rally materials
KUALA LUMPUR, Aug 28 — A day ahead of tomorrow’s Bersih 4 gathering, the Home Ministry has issued a nationwide ban on all items related to the mass demonstration, including its promotional materials and any item of clothing bearing the rally’s name as well as its signature yellow.
According to the federal gazette on the Attorney-General’s Chambers website, the ban was issued yesterday under the Printing Presses and Publications Act (PPPA) 1984 and officially comes into effect today.
The order, issued by Home Minister Datuk Seri Ahmad Zahid Hamidi within his powers under Section 7(1) of the PPPA, stipulates that: “The printing, importation, production, reproduction, publishing, sale, issue, circulation, distribution or possession of the publication described in the Schedule which is likely to be prejudicial to public order, likely to be prejudicial to security, likely to be contrary to any law and likely to be prejudicial to national interest are absolutely prohibited throughout Malaysia”.
Under the schedule, the ministry listed “any yellow coloured clothing and which contains the words “Bersih 4” and “any other printed material and pamphlet which leads to Bersih 4 rally” as the two types of “publications” banned.
The order is reminiscent of a similar ban issued prior to the July 2011 Bersih rally in the capital city.
At the time, police nabbed an estimated 1,600 people for donning yellow tees and allegedly taking part in the rally for free and fair polls.
The event, the second such gathering organised by the polls watchdog, saw a lockdown in the capital city but failed to stop a reported estimate of nearly 50,000 protesters take to the streets.
Gov’t bans wearing of Bersih 4 t-shirts