Can security guards ask for your MyKad or Driving License (even just for recording purposes only)?
There are 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 people should know the differences.
Due to the lack of awareness by the public, the RAs have been taking advantage of the situation to coerce residents to sign up their bogus scheme by flouting the guidelines and breaking the laws.
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
"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.
What your RA won't tell you :-
- That it is illegal to block public roads in residential areas (only allowed in private property /residences)
- That it is an offense for security guards to ask for I.C. or driving license even for recording purposes only (only allowed in strata or private GC residences)
- That auto access card system is prohibited and illegal (only legal in strata and/or formal GC residences)
- That they have no right to stop non-participating residents or any law-abiding citizens access
- That rightfully, they can only apply for a Guarded Neighbourhood GN scheme (classified as an Informal GC scheme)
- That they are required to put up a Notice Board containing all relevant information (please refer below guidelines by one of the local councils)
- If they have obtained all the necessary requirements & approvals from the relevant authorities
- That all their security guards have license and have undergone all checks, tests and other requirements from KDN
- How much money they are making every year from operating these schemes
- That they have their own personal selfish agendas to fulfill and are profit driven
- How lucrative is this industry and how easy it is for them to bs the residents
- That many residents have dropped/opted out of the scheme along the way and they no longer have enough consensus to operate
- That their GN scheme approval is actually on a temporary basis
- Not only is their scheme unlawful, it is also discouraged by the government and is actually against the National Unity Blueprint
- That there are other neighborhood watch schemes such as Rukun Tetangga, Skim Rondaan Sukarela SRS and Community Policing CP that don't cost any monthly fee at all.
- Yes... you can guess a few more (or you can read about them from the media)
However, all formal gated communities 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.
Therefore, only formal gated communities have the right to block roads and demand visitors for their MyKad or Driving License. So, only licensed security guards on duty at formal gated communities can ask for your MyKad or Driving License for recording purposes only (and even so, they have no right to retain your MyKad or driving license (and even so, they have no right to retain/hold your MyKad or driving license - Regulation 8A).
This is as clear as it can get... hope this helps!
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First and foremost, gaining entry into "private property" such as formal gated communities or condominiums... is different from gaining access to "public property" or informal GnG residences. People need to know the difference.
Licensed security guards on duty at "formal gated communities" have the right to ask visitors for identification for record purposes only. 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.
(For example, MBPJ guidelines only allow the security guards at informal "GnG" to take down the vehicle's registration no - that's all). Ethical RAs will follow "the rule of law" but corrupt ones will not as they have their personal agenda. People who are not aware of their rights or the laws will be bullied.
As for informal gated communities (non private property), they have no right to ask for your IC or driving license. (They have no right to stop you from gaining access to a "public property" in the first place - it is illegal for non-strata properties to block roads).
All "informal G&G residences" under "individual-title" are categorized as under public property and not private property. (Examples here would be all the double-storey link houses in Setia Alam and Bandar Bukit Raja).
Know your rights - the security guard cannot stop you from entering an informal GnG residence (public property), or ask any resident to register each time they want to go home even if they do not join the RA's questionable scheme. They also have NO right to ask the public for their MyKad or driving licence when they want to enter any public property such as an informal gated residence. (That's why it's being termed as "public property" - it belongs to the public, no need for MyKad).
[Only security guards on duty at "formal G&G residences" can ask for your MyKad or driving license. They have the right to do so at "private property" or "strata-titled properties" such as condominiums and formal gated communities. They can ask for your identity for the sole purpose of recording your particulars and then returning it immediately, if you want to gain access to visit your friends or family there. They also cannot retain your MyKad or take a picture of it. (Examples of formal gated community here would be Setia Eco Park).
(No one can ask for your MyKad or driving licence except for officers of the government on duty such as the police, customs, immigration, military, etc. under Peraturan 7 - KDN) You can report this offence to PDRM.
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*[Pengawal keselamatan yang bertugas di kediaman awam "G&G" tidak formal - tidak dibenarkan meminta dokumen identiti seperti MyKad ataupun lesen memandu daripada pihak awam. Mereka hanya dibenarkan meminta dokumen identiti pelawat (bagi tujuan rekod butiran) di premis persendirian sahaja seperti di kondominium dan komuniti berpagar yang formal.]
*[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.]
(Terimakasih & Penghargaan kpd KDN)
http://www.moha.gov.my/images/maklumat_perkhidmatan/pekeliling_agensi_persendirian/pekeliling_4.pdf
"Syarikat Kawalan Keselamatan hanya boleh meminta dokumen identiti pelawat semata-mata bagi tujuan semakan dan rekod kemasukan ke premis dan kemudian mengembalikannya kepada pelawat selepas identiti mereka direkodkan" - ini hanya dibenarkan di premis persendirian sahaja seperti di kondominium dan komuniti berpagar yang formal sahaja.
"Syarikat Kawalan Keselamatan hanya boleh meminta dokumen identiti pelawat semata-mata bagi tujuan semakan dan rekod kemasukan ke premis dan kemudian mengembalikannya kepada pelawat selepas identiti mereka direkodkan" - ini hanya dibenarkan di premis persendirian sahaja seperti di kondominium dan komuniti berpagar yang formal sahaja.
Pengawal keselamatan yang bertugas di kediaman awam seperti "komuniti berpagar yang tidak formal" tidak dibenarkan meminta dokumen identiti pihak awam.
Justeru, pengawal keselamatan hanya boleh meminta dokumen identiti pelawat yang hendak memasuki premis persendirian sahaja (seperti di kondominium dan komuniti berpagar yang formal). Pengawal keselamatan tidak dibenarkan meminta dokumen identiti di kediaman awam.
Justeru, pengawal keselamatan hanya boleh meminta dokumen identiti pelawat yang hendak memasuki premis persendirian sahaja (seperti di kondominium dan komuniti berpagar yang formal). Pengawal keselamatan tidak dibenarkan meminta dokumen identiti di kediaman awam.
