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| Thursday, April 13, 2006 |
| Cabinet has the final say on what constitutes indecency |
TheStar
By LISA GOH and ZUHRIN AZAM
KUALA LUMPUR: The Cabinet will decide on the definition of what constitutes indecency and has asked all local authorities to stop drafting indecency bylaws, said Housing and Local Government Minister Datuk Seri Ong Ka Ting.
This, Ong said, would ensure a uniform definition for all local authorities to follow.
“Meanwhile, they are advised not to enforce such bylaws according to their own interpretation and discretion,” he said in a press statement yesterday.
“All local authorities are advised to hold their actions on whatever indecency laws found in any Park bylaws or any other laws used by them until the Cabinet has decided on a clear definition.
“My ministry is responsible for drafting the definition, and after that, we will bring it to the Cabinet for approval.”
After the Cabinet decision, it will be tabled by the National Council of Local Governments for all local authorities.
Ong also said the decision taken by the Cabinet was independent of any pending court cases.
Recently, the Federal Court ruled that KL City Hall had the authority to enact bylaws to prosecute people for indecent public behaviour.
The court also ruled that it would be up to the magistrate hearing such cases to decide if hugging and kissing constituted indecent behaviour.
The Federal Court made this decision when hearing the appeal by two university students who challenged the power of local authorities to enact such bylaws under the Local Government Act, 1976 after they were summoned for allegedly behaving indecently in the KLCC Park in 2003.
Their case is now pending at the magistrate’s court.
Following the Federal Court decision, many quarters expressed concern that the 146 local authorities in the country would each make their own bylaw on decency and would have different definitions on what constituted indecency.
The Human Rights Commission of Malaysia cautioned that the definition should neither be radical nor liberal.
“It has to be balanced, or otherwise it would be ridiculous,” said its commissioner Datuk Ranita Hussein.
She also said discussion with various parties was needed as it should not be one person’s decision.
Bar Council chairman Yeo Yang Poh said what was important was whether the definition would really make sense.
“If the Government is coming out with such a legislation, it should not only define indecency.
“It should also define public order because running about naked on the streets would cause public disorder,” he said. |
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