Define indecency, says Bar

taken from the star, april 07,2006

PETALING JAYA: The Bar Council wants the authorities to come up with a clear definition of indecency following the Federal Court’s decision to uphold the local authorities’ power to enact bylaws to curb indecent behaviour.

Bar Council chairman Yeo Yang Poh said indecency should be well-defined if there is to be legislation over it.

“It is not that there should be no legislation at all, but the question is, who should legislate? Such laws (if they are necessary) should be federal in nature and not be left to the local authorities,” he said.

“And if there is to be legislation, shouldn’t the law be very clear on how you define indecency?”

On Tuesday, the Federal Court ruled that KL City Hall was right in charging two university students who were allegedly hugging and kissing at the KLCC Park under Section 8(1) of the Park bylaws (Federal Territory).

However, the Federal Court also ruled that it would be up to the magistrate hearing the case to decide if hugging and kissing constitute indecent behaviour.

Human Rights Commission of Malaysia (Suhakam) commissioner Prof Dr Chiam Heng Keng said the local government should be very specific on the definition of indecency before enforcing bylaws to curb such behaviour.

“Different people have different definitions of indecent behaviour. Is a farewell hug or a peck on the cheek considered indecent?” she asked.

She said it would lead to abuse of power if enforcement officers carried out the law with their own interpretations.