High Court set Dec 12 to deliver decision on constitutional question

23 Nov 2017 / 17:43 H.

KUALA LUMPUR: The High Court will deliver its decision on Dec 12 on an application by two assemblymen and a special officer to refer a constitutional question on an application filed.
High Court judge Datuk Paduka Azman Abdullah, who fixed the date, also granted an interim stay of the trial in the magistrate's court pending the decision of the application.
In the application, Teja assemblyman Chang Lih Kang, special officer to Batu MP Rozan Azeman Mat Rasip and Semambu assemblyman Lee Chean Chung are seeking to refer a constitutional question to the Federal Court.
The question is whether Section 4 (1)(c), 4 (2) (c) and 4 (3) of the Peaceful Assembly Act 2012 is contradictory with Article 8, 9 and Article 10 of the Federal Constitution.
The three were charged with participating in a street protest "KitaLawan" at Jalan Tun Perak, here, between 4.30pm and 5.05pm on March 21, 2015.
The charge is under section 4 (2) (c) of the Peaceful Assembly Act and punishable under section 4 (3) of the same act with a fine up to RM10,000, upon conviction.
On Aug 9, 2017, the magistrate found that the prosecution had established a "prima facie" case, at the end of the prosecution's case and ordered the accused to enter their defence.

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