Malaysian Human Rights and the Law: Your rights and the police

by Richard Wee Thiam Seng

© The Sun

Picked from The Malaysian Bar

WE have only one police force in this country. The police have wide-ranging powers provided in various laws. Yet, the increasing number of complaints against the police and the infamous nude-squat incident have raised the issue of the power of the police. To what extent may the police interfere with one’s personal liberty and security in the execution of their powers and duties?

Under the Criminal Procedure Code (CPC), the police have powers to stop and search an individual who may subsequently be arrested. These powers are however not unlimited. As individuals, we have certain rights guaranteed under our Federal Constitution and laws made thereunder.

In 2006, a group of lawyers came together to draft a pocketbook titled Polis dan Hak-hak Asas Anda or commonly known as the Red Book.

This was aimed at informing and educating the public of their rights when “confronted” by the police. It was very well-received, and a second edition is underway. The said book was eventually launched by the Minister in charge of law, Datuk Nazri and the then President of the Bar Council, Yeo Yang Poh, at the Bar Council Secretariat in April 2006.

Some of the essential information in the Red Book are as follows:

1. When the police stop you

» You may ask the police for identification if the officer is not in uniform. Take note of the identification card number. There are different types of identification cards. The difference is in the colour which will indicate the rank of the officer.

Blue : Rank of Inspector and above
Yellow : Below the rank of Inspector
White : Reserve police
Red : Suspended officer

(A suspended officer has no authority. You may walk away.)

» When stopped, you should provide your identification card, if requested by the police. Should the officer request for other documents or show any other items, you may ask the officer the purpose of the request. Do so politely.

» If you are not under arrest, you may walk away or refuse to follow the officer back to the police station or anywhere else, if asked.

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