So now the question is... can security guards check /ask for your MyKad or Driving License for identification (even just for recording purposes only)?
There is a lot of confusion when it comes to this "GnG" subject. This lack of clarity and knowledge by the communities have been used by unscrupulous RAs to bully its non-paying residents and the surrounding communities.
When we want to talk about this subject, we need to define first whether we are referring to a formal GC scheme or an informal "GC" scheme? They are both very different and shouldn't be mixed up. There is a big difference between formal gated communities and informal gated communities.
Due to the lack of awareness by the public, the RAs have been taking advantage of this grey area to coerce residents to sign up/pay for their bogus schemes that are breaking the laws.
All "Informal Gated Community" schemes that are operated by Residents Associations (RA) in non-private housing areas are not legal gated communities at all. Actually, these so-called "GnG" schemes implemented by RAs are against the laws and guidelines.
Only "Formal Gated Community" schemes that are managed by Management Corporation (MC) or Joint Management Body (JMB) are legal GnG schemes protected and bound by the Strata Title Act 1985 and the Strata Management Act 2013.
Regulation 7 of the Peraturan-Peraturan Pendaftaran Kebangsaan 1990 clearly states that security guards (or any persons) are not allowed to conduct checks on your identity, let alone request for any kind of identification documents.
Regulation 7 also explicitly states that only certain officers are allowed to inspect the identity of a person and request the person to produce his/her MyKad for inspection. These officers include:
- registration officers (of the National Registration Department of Malaysia or JPN)
- police officers (PDRM)
- customs officers/ immigration officers
- members of the Armed Forces on duty
- public officers authorized by the Director General
Security guards at an "informal gated community" do not have the right to ask visitors for MyKad or driving license. It is against the law and it is an offense.
Only licensed security guards on duty at a "formal gated community" or a stratified condominium have the right to ask visitors for MyKad or driving license for identification and recording purposes.
Pengawal keselamatan yang bertugas di kediaman awam (termasuk di komuniti berpagar yang tidak formal) tidak dibenarkan untuk meminta dokumen identiti seperti MyKad ataupun lesen memandu daripada pihak awam.
Tetapi pengawal keselamatan yang bertugas di premis persendirian (seperti di komuniti berpagar yang formal, kondominium dan bangunan swasta) dibenarkan untuk meminta dokumen identiti pelawat bagi tujuan rekod butiran.
Skim komuniti berpagar jenis "formal" dan jenis "tidak formal" adalah tidak sama. Pelaksanaan kedua-dua jenis skim komuniti ini harus dibezakan. Komuniti berpagar formal adalah skim yang lebih senang diurus kerana ia adalah sejenis skim perumahan swasta yang memiliki hakmilik stratanya sendiri.
Peruntukan Peraturan 7 Peraturan-Peraturan Pendaftaran Kebangsaan 1990 memperuntukkan bahawa hanya seorang pegawai pendaftaran, pegawai polis, pegawai kastam, pegawai tentera atau pegawai lain yang diberi kuasa bertulis oleh Ketua Pengarah Pendaftaran sahaja yang dibenarkan untuk meminta dan memeriksa identiti seseorang dengan mengemukakan kad pengenalan.
"Syarikat Kawalan Keselamatan hanya boleh meminta dokumen identiti pelawat semata-mata bagi tujuan semakan dan rekod kemasukan ke premis persendirian dan kemudian mengembalikannya kepada pelawat selepas identiti mereka direkodkan."
http://www.moha.gov.my/images/maklumat_perkhidmatan/pekeliling_agensi_persendirian/pekeliling_4.pdf
Justeru, pengawal keselamatan hanya boleh meminta dokumen identiti pelawat yang hendak memasuki premis persendirian sahaja (seperti di kondominium dan komuniti berpagar yang formal sahaja). Pengawal keselamatan tidak dibenarkan meminta dokumen identiti di kediaman awam.
Secara ringkas, syarat-syaratnya adalah seperti berikut:
1) Pengawal keselamatan dibenarkan meminta dokumen identiti pelawat hanya di premis persendirian sahaja seperti di kondominium dan komuniti berpagar yang formal. (Ini tidak dibenarkan di kediaman awam seperti komuniti berpagar yang tidak formal).
2) Syarikat kawalan keselamatan mestilah berlesen dan berdaftar dengan Kementerian Dalam Negeri (KDN - Lesen Agensi Persendirian)
3) Pengawal keselamatan mestilah memakai pakaian seragam dan lencana sah yang diluluskan KDN (Lampiran 1 di bawah Seksyen 3 Akta No. 27/71 - Pengambilan Pengawal dan Pekerja)
4) Pengawal keselamatan mesti mempunyai KPPK (kad pengenalan pengawal keselamatan) yang sah dan telah melalui program latihan CSG serta tapisan keselamatan KDN.
5) Menepati semua syarat seperti terkandung dalam Lesen Agensi Persendirian dan Seksyen 3 Akta No. 27/71 yang dikeluarkan oleh KDN.
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Back in 2007, a circular by the *Ministry of Home Affairs (MOHA), addressed this issue, in regards to the guidelines for identification of visitors entering premises such as condominiums, residential areas, and fenced communities nationwide (that are under "private property"). *Btw, it is illegal to ask for identification of visitors entering "public property" including informal GnG. (An informal GnG residence is not a "private property").
It was stated that only a registration officer, police officer, customs officer, military officer or other officers authorised by the National Registration Department (JPN) director-general, can conduct checks on the identity of a person and request for identification, in accordance with Rule 7 of the National Registration Regulation 1990.
Additionally, National Registration Act 1959 (Act 78) and the National Registration Regulations 1990 (Amendment 2007), under Regulation 8, states that only an authorised personnel may require visitors to show them their MyKad for identity verification. *(Fyi, a private security guard is not an authorised personnel from the government)
In fact, a person who unlawfully keeps another person's MyKad can be charged under Regulation 25 of the National Registration Act.
Despite it being completely illegal, some people still give in to these requests for sensitive, important documents such as MyKad
It is argued that it will be difficult to get things done if a visitor refuses to give a personal document as they will not be allowed to pass through the security check point and get to their desired destination.
Many others have voiced their objection to this practice, only to hear from the security personnel, saying that they are "only doing their job" and that there was no way to win the argument.
Eventually, people comply just because they "do not want any trouble" or to complicate things.
The practice of handing out an identification document to security guards is illegal and it poses the risk of forgery or misuse. For those who think that it's a good security measure, it is not. It is not foolproof as there were many cases whereby gangs and criminals use forged or stolen identity cards to target the GnG communities.
Licensed security guards on duty at "formal gated communities" have the right to ask visitors for identification.
However, security guards at "informal gated communities" do not. In the first place they have no right to block anyone from access to any "public property" residences.
Recently, the residents associations (RAs) in Shah Alam are being subjected to the guidelines by the Shah Alam City Council (MBSA) for gated-and-guarded (G&G) scheme. The Star Online reported that the guidelines were amended to streamline the process and avoid confusion.
Here are some of the highlights of the new guidelines:
1. RAs must get consent from residents (100% approval) to set up automated gates and the access card system.
2. Security guards are not allowed to stop anyone from moving in or out of public residences.
3. Security guards are not allowed to ask for anyone's MyKad or even take a photograph of it at informal gated communities (public property or individual title residence).
Recently, the residents associations (RAs) in Shah Alam are being subjected to the guidelines by the Shah Alam City Council (MBSA) for gated-and-guarded (G&G) scheme. The Star Online reported that the guidelines were amended to streamline the process and avoid confusion.
Here are some of the highlights of the new guidelines:
1. RAs must get consent from residents (100% approval) to set up automated gates and the access card system.
2. Security guards are not allowed to stop anyone from moving in or out of public residences.
3. Security guards are not allowed to ask for anyone's MyKad or even take a photograph of it at informal gated communities (public property or individual title residence).
4. Security guards on duty are allowed to record details of any visitor's MyKad or driving licence only at formal gated and guarded community (private property or strata residence).
A citizen residing in Petaling Jaya wrote in an open letter that was published on The Star, saying that other local city councils such as Petaling Jaya City Council (MBPJ) should take heed and emulate MBSA's efforts in tackling this tricky issue.
The writer said that the current landscape and process at G&G housing areas has made it extremely tedious for non-residents to move around the surrounding neighbourhoods. (The roads do not belong to the RAs).
It was said that the new stipulations, aimed at establishing orderliness and greater security and convenience for residents and visitors, are welcomed in a step forward towards the development of the country.
"I am sure this may have annoyed some but there must be the rule of law and the MBSA puts it quite clearly what must be complied with."
"I ask those wanting their neighbourhood gated and guarded, how they would feel when they are being asked for their identity card or stopped when visiting another housing area?"
Source: says.com/lifestyle
Original article by: Tang Ruxyn
A citizen residing in Petaling Jaya wrote in an open letter that was published on The Star, saying that other local city councils such as Petaling Jaya City Council (MBPJ) should take heed and emulate MBSA's efforts in tackling this tricky issue.
The writer said that the current landscape and process at G&G housing areas has made it extremely tedious for non-residents to move around the surrounding neighbourhoods. (The roads do not belong to the RAs).
It was said that the new stipulations, aimed at establishing orderliness and greater security and convenience for residents and visitors, are welcomed in a step forward towards the development of the country.
"I am sure this may have annoyed some but there must be the rule of law and the MBSA puts it quite clearly what must be complied with."
"I ask those wanting their neighbourhood gated and guarded, how they would feel when they are being asked for their identity card or stopped when visiting another housing area?"
Source: says.com/lifestyle
Original article by: Tang Ruxyn
Source: AskLegal.my
by Denise C
https://asklegal.my/p/neighbourhood-security-guards-registration-block-roads-malaysia
https://asklegal.my/p/neighbourhood-security-guards-registration-block-roads-malaysia
