The foreigners who waved China flags at viral Teluk Intan parade can face up to 6 months in jail and RM10,000 fine
A parade held near the vicinity of the Menara Condong in Teluk Intan, Perak, sparked controversy after videos circulated online depicting its participants waving flags of the People’s Republic of China.
According to a report by Sinar Harian, the parade was revealed to be the World Guan Gong celebration organised by the Persatuan Kebudayaan Guan Gong, which has since issued a public apology for the incident. In the statement, the association clarified that the China flags were waved by Chinese nationals and not Malaysians. Moreover, they stressed that the act was never part of the parade.
In case you’re not familiar, the World Guan Gong Celebration is in honour of the Taoist deity Guan Gong, who is worshipped as the god of war and the martial god of wealth by those practising in the faith. Furthermore, the parade seen in the viral video took place on the night of 24 October.
Following the incident catching the attention of Malaysians, the Royal Malaysia Police (PDRM) has opened investigations into the event, especially since they received a police report from a local man at 12.39am on 25 October regarding the event.
Bernama quoted Perak Police Chief Datuk Azizi Mat Aris as saying that 17 Chinese nationals involved in the incident have had their statements taken. He added that more individuals will be summoned to give a statement soon as part of the investigation.
So, what offences did these foreign nationals allegedly commit by joining the parade and waving the China flags? Additionally, what potential legal actions and consequences do they face?
Well, join us as we break down the relevant laws on the matter below.
Section 8 of the National Emblems (Control of Display) Act 1949
As we’ve elaborated in depth in a previous article, it is an offence in Malaysia for any person to publicly display any flag of any country other than Malaysia and any states included in Malaysia. This is governed under Section 3(1) of the National Emblems (Control of Display) Act 1949 below:
Furthermore, Section 3(2) of the Act establishes what is considered displaying a national emblem in public, which includes:
Displaying in any road, street, bridge, passage, footway or place over which the public or any class of the public have right of way or access
Displaying in such a manner as to be visible from any such road, bridge, passage, footway or place by any member of the public
As for what is considered a ‘national emblem’, Section 2 of the Act prescribed it as any flag, banner or other emblem being or purporting to be the flag, banner or other emblem of any country other than Malaysia and any states included in Malaysia, in addition, a flag, banner or other emblem of any political organisation claiming to be a national movement in any State is also considered a ‘national emblem’ under the Act.
However, there are a few exceptions in which a national emblem can be publicly displayed by an individual, which is prescribed under Section 4 of the Act here:
Besides the above, Section 5 of the Act below prescribed that the Home Minister may, by order published in the Gazette or by a permit in writing, allow for an individual to display a national emblem in public. The Home Minister may also regulate how the national emblem is to be displayed and the period via the order or permit.
Applied to the subject matter at hand, if the foreigners who waved the China flags are not part of the exceptions and exemptions listed above, they may face action under Section 8 of the Act here:
Should they be convicted, the offenders may face up to 6 months in jail, up to RM500 fine or both if convicted
Section 4 of the Peaceful Assembly Act 2012
Besides that, the China nationals may also face action under the Peaceful Assembly Act 2012 for participating in an assembly in our country. The parade could be considered an ‘assembly’ under the Act, as Section 2 defines it as “an intentional and temporary assembly of a number of persons in a public place, whether or not the assembly is at a particular place or moving.”
Meanwhile, Section 4(1) of the Act below clearly prescribes that the right to participate in an assembly peaceably and without arms under the Peaceful Assembly Act 2012 does not extend to a non-citizen.
Accordingly, the foreign nationals may face action under Section 4(2)(a) of the Act below, which establishes that it is an offence for a non-citizen to participate in an assembly.
The punishment for those convicted under this provision is prescribed under Section 4(3) of the Act, which is a fine of up to RM10,000.
Moving forward, all eyes will be on the development of the case, its findings and the potential action taken against the participants and the organiser. Regardless of what happens, it’s important for Malaysians to remain calm and let the law take its course.
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